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HomeMy WebLinkAboutOrdinance No. 2016-09 (Title: Ordering an Economic Development Sales and Use Tax Election to be held on May 07,2016) ORDINANCE NO. 2016-09 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 ECONOMIC DEVELOPMENT SALES AND USE TAX AT THE RATE OF ONE-EIGHTH OF ONE PERCENT PURSUANT TO CHAPTER 505, TEXAS LOCAL GOVERNMENT CODE; AND MAKING OTHER PROVISIONS RELATED TO THE SUBJECT. * k * * * * * * 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 Chapter 505 of the Texas Local Government 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 purpose of submitting a proposition pertaining to the authorization of the levy and collection of an economic development sales and use tax at the rate of one-eighth ('/) 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 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 7th 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 one-eighth('/) of one percent (1%) sales and use tax for the purposes authorized under Chapter 505,Texas Local Government Code. 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 ( ) The adoption of a Type B local sales and use tax in the City of AGAINST O Friendswood, Texas at the rate of one-eighth ('/8) of one percent (1%) to undertake projects authorized under Chapter 505 of the Local Government Code, to promote new or expanded business enterprises in the downtown area as defined by the City of Friendswood Downtown District Map, including but not limited to streets, targeted infrastructure, paved sidewalks, pedestrian amenities including lighting, benches, signage, and other related public improvements, and the maintenance and operations expenses for any of the above-described projects. 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, Ord 2016-09 2 460, 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 Part 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 Place:lace: Friendswood City Hall 910 South Friendswood Drive Friendswood, Texas 77546 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. Ord 2016-09 3 Section 4. Early Votine Clerks. Matt' 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 (12"') 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 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, fi•om 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) hoes, 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 clerk'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. Ord 2016-09 4 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 Presiding 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 seq., 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. 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 Ord 2016-09 5 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 1't day of February,2016. Kevin M. HoTI nd Mayor ATTEST: •VVVVVVVVV' , Melinda Welsh, TRMC City Secretary ;* ' ob .•,9T�OF ..• Ord 2016-09 6