HomeMy WebLinkAboutOrdinance No. 133-E ORDINANCE N0. 133-E
AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD
IN THE CITY OF FRIENDSWOOD, TEXAS, ON THE QUESTION
OF THE ADOPTION OF A ONE (1%) PER CENT LOCAL SALES
AND USE TAX WITHIN THE CITY DESIGNATING THE DAY OF
THE ELECTION AND THE POLLING PLACE; APPOINTING ELECTION
OFFICIALS THEREFOR; PROVIDING THAT ALL DULY QUALIFIED
RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE; PRESCRIB-
ING FORM OF BALLOT; PROVIDING FOR NOTICE OF ELECTION;
CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION;
PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, Article 1066c, Vernon's Texas Civil Statutes (Acts 1967 60th
Legislature, Regular Session, Chapter 36, Page 62) authorizes the governing
body of any city, town or village in Texas to call an election for the pur-
pose of adopting a local sales and use tax within such city, town or village;
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS:
Section 1 . That a special election shall be held in and throughout the City
of Friendswood, Texas on the 4th day of April , 1970, simultaneously with the
regular city election called for the purpose of electing a Mayor and two City
Councilmen, at which election there shall be submitted to the resident quali-
fied voters of said city, for their action thereupon, the following proposi-
tions.
"FOR adoption of a One (1%) per cent local sales and use tax within the
City, with proceeds therefrom to be allocated 50% to Street Improvements and
50% to a City Recreation Center for a five year period.
"AGAINST adoption of a One (1%) per cent local sales and use tax within
the City, with proceeds therefrom to be allocated 50% to Street Improvements
and 50q to a City Recreation Center for a five year period.
Section 2. That said election shall be held at one polling place for all
qualified voters of said city, and the polling place and presiding officers
for said election shall be,to-wit:
POLLING PLACE PRESIDING OFFICERS
Friendswood City Hall James Shore
PRESIDING JUDGE
Otto Hardt
ALTERNATE PRESIDING JUDGE
The Presiding Judge at such election shall appoint not �ess than two clerks.
Section 3. That said election shall be held in accordance with the Constitu-
tion and the laws of the State of Texas, and all duly qualified resident
electors of the City of Friendswood, Texas shall be qualified to vote.
Section 4. That the ballots of said election shall conform to the require-
ments of Section 2, Subsection G, of Article 1066c, Vernon's Texas Civil
Statutes (Acts 1967 60th Legislature, Regular Session, Chapter 36, Page 62) ,
and it is hereby determined that voting at said election shall be by the use
of voting machines, and the ballots of said election shall conform to the
election code of the State of Texas in all particulars and to Section 8 of
Article 7.14 of the Texas Election Code, and shall have printed thereon the
following:
OFFICIAL BALLOT
THE PROPOSITION
FOR ADOPTION OF A 1% (ONE %) LOCAL SALES AND USE TAX
WITHIN THE CITY, WITH PROCEEDS THEREFROM TO BE ALLO-
CATED 50% TO STREET IMPROVEMENTS AND 50% TO A CITY
RECREATION CENTER FOR A FIVE YEAR PERIOD.
AGAINST ADOPTION OF A 1% (ONE q) LOCAL SALES AND USE
TAX WITHIN THE CITY, WITH PROCEEDS TH�REFROM TO BE
ALLOCATED 50% TO STREET IMPROVEMENTS AND 50% TO A CITY
RECREATION CENTER FOR A FIVE YEAR PERIOD.
Each voter desiring to vote in favor of the proposition shall pull the
voting pointer down indicating "For" the proposition, and each voter
desiring to vote against the proposition shall pull the voting pointer
down indicating "Against" the proposition.
Section 5. That as to absentee voting, however, paper ballots shall be usec+,
and absentee voting shall be conducted by a clerk far absentee voting , namely,
L. B. Cline, City Secretary, and the place at which absentee voting shall be
conducted is the City Secretary's office in the City Hall within said City,
which is also the absentee voting Clerk's mailing address to which ballot
applications and ballots voted by mail may be sent. Said clerk shall keep
said office open for at least eight (8) hours, that is, from 8:00 a.m. to
5:00 p.m. , on each day for absentee voting which is not a Saturday, a Sunday
or an official state holiday.
The absentee ballots of said election shall conform to the re-
quirements of the Election Code of the State of Texas, as amended, and, in
addition, shall have printed thereon the following:
OFFICIAL BALLOT
THE PROPOSITION
[ ] FOR ) ADOPTION OF A 1% (ONE %) LOCAL
) -------SALES AND USE TAX WITHIN THE CITY
) WITH PROCEEDS THEREFROM TO BE AL-
[ ] AGAINST ) LOCATED 50% TO STREET IMPROVEMENTS
AND 50% TO A CITY RECREATION CENTER
FOR A FIVE YEAR PERIOD
The voter shall vote on the proposition by placing an "X" in the square
beside the statement indicating the way he wishes to vote on the proposi-
tion.
Section 6. That notice of the election hereby ordered and called shall be
given: (a) by publication on the same day of two successive weeks in a
newspaper having general circulation within said city, the date of the first
publication to be at least twenty-one (21 ) days prior to the date set herein
for such election; and (b) by posting of such notice at the polling place for
such election in the city not less than twenty (20) days prior to the date
set herein for such election. It is hereby found and determined that there
is no newspaper of genreal circulation which is published within the City
of Friendswood, Texas; and it is hereby found and determined that the Houston
Post, published in Houston, Texas is a newspaper having general circulation
within the City of Friendswood, Texas.
Section 7. If any section, paragraph, subdivision, clause, phrase or pro-
vision of this Ordinance shall be adjudged invalid or held unconstitutional ,
the same shall not effect the validity of the Ordi�ance as a whole or any
part of provision thereof other than the part so determined to be invalid or
unconstitutional .
Section 8. There is hereby declared to exist a public emergency requiring
that this Ordinance be passed, approved and finally adopted on first
reading.
PASSED, APPROVED, AND FINALLY ADOPTED AS AN EMERGENCY ORDINANCE THIS 2ND
DAY OF MARCH, 1970.
�
MAYOR ph W. Somers
Attest:
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�ty Secretary � • . in�
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