HomeMy WebLinkAboutOrdinance No. 2016-05 (Title: Ordering a Sales and Use Tax Election to be held on May 07, 2016)
ORDINANCE NO. 2016-05
AN ORDINANCE OF THE CITY COUNCIL OF
FRIENDSWOOD CALLING FOR THE HOLDING OF A
SPECIAL ELECTION ON MAY 07, 2016, FOR THE
PURPOSE OF AUTHORIZING A LOCAL SALES AND USE
TAX AT THE RATE OF THREE-EIGHTHS OF ONE
PERCENT FOR MAINTENANCE AND REPAIR OF
MUNICIPAL STREETS; AND MAKING OTHER
PROVISIONS RELATED TO THE SUBJECT.
4 x x x x' [
WHEREAS,the City of Friendswood, Texas ("City") is a home rule municipality acting
under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS,pursuant to Section 327.003 of the Texas Tax Code, the City Council of the
City of Friendswood 'is authorized and hereby finds and determines that it is appropriate,
advisable and in the best interest of the citizens of the City to hold an election in the City for the
put-pose of submitting a proposition pertaining to the authorization of the levy and collection of a
municipal street maintenance sales and use tax at the rate of three-eighths (3/8) of one percent
(1%) within the City:for the purposes hereinafter set forth; and
WHEREAS; Section 41.001 of the Texas Election Code establishes May 7, 2016, as a
uniform election date for the purposes of conducting a special election; and
WHEREAS,the"Friendswood City Council wishes to proceed with the ordering of such
election and the City Council'has.determined that holding such election is in the public interest;
and
WHEREAS,the laws of the State of Texas further provide that the Election Code (Code)
of the State of Texas is applicable to all municipal elections and in order to comply with said
i"
Code, an ordinance should be passed establishing the procedures to be followed and in
designating the voting place(s) for the May 07, 2016, special election;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. Special Election. In accordance with the general laws and Constitution
of the State of Texas, a Special Municipal Election is hereby called and ordered for the first
Saturday in May 2016, the same being the 7"' day of said month, at which election a proposition
shall be submitted to all qualified voters of the City to determine whether to authorize the adoption
of a three-eighths (%)of one percent(1%)sales and use tax for street maintenance purposes.
Section 2. Ballot Proposition. The official ballots for said election shall be prepared
in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or
"AGAINST" the proposition, with the ballots to contain such provisions and language required
by law, and with such proposition to be expressed substantially as follows:
FOR O The adoption of a local sales and use tax in the City of
AGAINST O Friendswood, Texas at the rate of three-eighths (%) of one
percent (1%) to provide revenue for maintenance and repair of
municipal streets.
Section 3. Polling Places; Election Officials. Said election shall be held in each of
the election precincts within said City and the polling place and election officials for each of said
precincts shall be as follows:
Election Precinct Nos.456,457,
460, 461, and 462: Boundaries the same as those portions of Galveston County
Election Precinct Nos. 456, 457, 460, 461, and 462, lying
within the City limits of the City of Friendswood.
Election Precinct Nos. 378, 474,
and Pat of Election Precinct
No. 655: Boundaries the same as those portions of Harris County
Election Precinct Nos. 378, 474, and part of Election Precinct
No. 655, lying within the City limits of the City of
Friendswood.
Polling p lace: Friendswood City Hall
910 South Friendswood Drive
Friendswood,Texas 77546
Ord 2016-05 2
Election Officers: Karen Van Auken,Presiding Judge
Luann Erickson,Alternate Judge
Central Counting Station:
Presiding Judge: Linda Thornton
Manager: Melinda Welsh
Tabulation Supervisor: Michelle Perez
Clerks: Susan Ballard
Heather Van Dine
Karri Castellow
The polling places and election officials designated herein may be automatically modified to
include different locations or individuals without further action of City Council as required by
appropriate election officials and in conformance with law.
The City Secretary is hereby authorized and directed to provide a copy of this Ordinance
to each judge as written notice of his or her appointment, as required by Section 32.009 of the
TEXAS ELECTION CODE.
The Presiding Judge shall have the authority to appoint qualified voters as clerks to assist
in the holding of said election, but in no event shall the Presiding Judge appoint less than two (2)
clerks.
Section 4. Early Voting Clerks. Mary DeLay, Linda Thornton, Richard Landers
and Lynette Burns are hereby appointed clerks for early voting; appointments by the City
Secretary of deputy clerks for early voting shall be in accordance with Section 83.031 et seq., of
the TEXAS ELECTION CODE and the
City Hall
910 South Friendswood Drive
Friendswood, Texas 77546
is hereby designated as the place for early voting for said election. Other than official state or
federal holidays, and except as provided below, said clerks shall keep said office open for early
voting, beginning on the twelfth (12th) and continuing through the fourth (4th) day preceding the
date of said election, for at least twelve (12) hours, that is, from seven o'clock (7:00) a.m. until
seven o'clock (7:00) p.m., on Monday, April 25, 2016, for at least ten (10) hours, that is, from
Ord 2016-05 3
seven-thirty o'clock (7:30) a.m. until five-thirty o'clock (5:30) p.m., on Tuesday through
Thursday, April 26 through April 28, 2016, for at least nine (9) hours, that is from eight o'clock
(8:00) a.m. until five o'clock (5:00) p.m., on Friday April 29, 2016, on Monday, May 02, 2016,
for at least ten (10) hours, that is, from seven-thirty o'clock (7:30) a.m. until five-thirty o'clock
(5:30) p.m., and on Tuesday, May 03, 2016, for at least twelve (12) hours, that is, from seven
o'clock (7:00) a.m. until seven o'clock (7:00) p.m. Provided, however, said clerks shall keep
said office open for extended early voting on Saturday, April 30, 2016, for at least nine (9) hours,
that is from eight o'clock (8:00) a.m. until five o'clock (5:00) p.m. Said clerks shall not permit
anyone to vote early by personal appearance on any day that is not a regular working day for the
clerk's office, and under no circumstances shall they permit anyone to vote early by personal
appearance at any time when such office is not open to the public. The above-described place
for early voting is also the early voting cleric's mailing address to which ballot applications and
ballots voted by mail may be sent. The early voting clerk, in accordance with the provisions of
the TExAS ELECTION CODE, shall maintain a roster listing each person who votes early by
personal appearance and each person to whom an early voting ballot to be voted by mail is sent.
The roster shall be maintained in a form approved by the Secretary of State.
The early voting clerks and dates and times designated herein may be automatically
modified to include different individuals or dates and times without further action of City Council as
required by appropriate election officials and in conformance with law.
Section 5. Appointment of Presidin¢ Judge — Early Voting Ballot Board. Karen
Van Auken is hereby appointed as Presiding Judge of the Early Voting Ballot Board. In
accordance with Section 87.002 et seg., of the TEXAS ELECTION CODE, said presiding judge shall
appoint at least two (2) other members to said Board, and shall process early voting results in
accordance with said TExAS ELECTION CODE.
The presiding judge designated herein may be automatically modified to include a
different individual without further action of City Council as required by appropriate election
officials and in conformance with law.
Section 6. Governing Law. Said election shall be held in accordance with the
Constitution and laws of the State of Texas, and the City Charter and all duly qualified resident
electors of the City of Friendswood,Texas, shall be entitled to vote.
Ord 2016-05 4
Section 7. Voting Equipment. Except as provided hereafter, the voting at such
election shall be by Direct Recording Electronic (DRE) voting machines. Early voting by
methods other than by personal appearance shall be by optical scan paper ballot. All
expenditures necessary for the conduct of said election and the purchase or rental of materials or
equipment therefore is hereby authorized.
Section 8. Notice. Notice of the election ordered hereby shall be given in accordance
with the provisions of the TEXAS ELECTION CODE and returns of such notice shall be made as
provided for in said Code. The Mayor shall issue all necessary orders and writs for such
election, and returns of same shall be made to the City Secretary immediately after the closing of
the polls.
Section 9. Canvass of the May 07, 2016, Special Election. City Council, as the
canvassing authority of this election, shall canvass the returns at its scheduled meeting to be held
on May 16, 2016, at 6:30 p.m. At the completion of the canvass, the Mayor shall deliver the
returns and tally lists used in the canvass to the City Secretary; and, the City Secretary shall
preserve them for a period in accordance with law.
Section 10. Notice. It is further found and determined that in accordance with the order
of this governing body the City Secretary posted written notice of the date, place and subject of
this meeting on the bulletin board located in the City Hall, a place convenient and readily
accessible to the general public, and such notice having been so posted and remaining posted
continuously for at least seventy-two (72) hours preceding the scheduled time of such meeting.
Section 11. Said election shall be held in accordance with the TEXAS ELECTION CODE
and the Federal Voting Rights Act of 1965, as amended, and all related laws.
PASSED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS
PROVIDED FOR BY SECTION 3.11(B) OF THE CITY CHARTER OF FRIENDSWOOD
this 1st day of February,2016.
Kevin M. Holt 'd
Mayor
Ord 2016-05 5
ATTEST:
Melinda Welsh, TRMC •'(y� � � •••
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City Secretary .�•�;�� °.,
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Ord 2016-05 6