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HomeMy WebLinkAboutOrdinance No. 2020-23 ORDINANCE NO. 2020-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING THE CALLING FOR THE HOLDING OF A SPECIAL ELECTION TO BE HELD ON JULY 14, 2020, SUBJECT TO GOVERNOR ABBOTT'S PERMISSION, FOR THE PURPOSE OF REAUTHORIZING THE LOCAL SALES AND USE TAX AT THE RATE OF THREE-EIGHTHS (3/8) OF ONE PERCENT (1%) TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; AND MAKING OTHER PROVISIONS RELATED TO THE SUBJECT. * * * * * * * * * * * * * * * * * * WHEREAS, pursuant to Section 327.007 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 a special election in the City for the purpose of submitting a proposition pertaining to the reauthorization of the local sales and use tax at the rate of three-eighths (3/8) of one percent (1%) to continue providing revenue for maintenance and repair of municipal streets; and WHEREAS,the Friendswood City Council deems that in accordance with the laws of the State of Texas, a Special Election should occur on July 14, 2020, subject to Governor Abbott's permission to do so; and WHEREAS, the laws of the State of Texas further provide that the Texas Election Code ("Code") 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 for the July 14, 2020, special election; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. Special Election; Proposition. Subject to Governor Abbott granting the City of Friendswood permission to conduct a Special Election on July 14,2020,and in accordance with the general laws and the Constitution of the State of Texas, a Special Municipal Election is hereby called and ordered to be held in and throughout the City of Friendswood on July 14, 2020, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. at which Special Election, all resident, qualified voters of the City of Friendswood, Texas (the "City") may vote on a proposition to reauthorize the local sales and use tax at the rate of three-eighths (3/8) of one percent (1%) to continue providing revenue for maintenance and repair of municipal streets; 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 Texas Tax Code Section 327.007, and with such proposition to be expressed as follows: FOR ( ) The reauthorization of the local sales and use tax in the City of AGAINST ( ) Friendswood, Texas at the rate of three-eighths (3/8) of one percent (1%) to continue providing revenue for maintenance and repair of municipal streets.The tax expires on the fourth anniversary of the date of this election unless the imposition of the tax is reauthorized. Section 3. Determination of Ballots. If the greater number of votes are "FOR", the tax is reauthorized,and if the greater number of votes are"AGAINST",the tax is not reauthorized. Section 4. Persons Qualified to Vote. All resident,qualified electors of the City shall be eligible to vote at the Special Election. Section 5. Joint Election. The City,pursuant to the applicable provisions of the Code, will conduct a joint election with other political subdivisions within Galveston County and contract with Galveston County for election services. This joint election shall be conducted pursuant to the terms of the Contract for Election Services (the "Election Contract") between Galveston County, Texas, and the City. Ord No.2020-23 2 Section 6. Election Locations and Voting Hours on Election Day. The voting locations for voting on Election Day shall be the Galveston County county-wide vote center polling locations as set forth in Exhibit A,or at such other locations as hereafter may be designated by the Galveston County Clerk(the"County Clerk") in accordance with the Contract for Election Services. The City Secretary is hereby authorized to update Exhibit A to reflect the final locations designated by the County Clerk, which locations are hereby adopted and approved. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. Section. 7. Early Voting. Dwight D. Sullivan, the Galveston County Clerk is appointed as the Early Voting Clerk for the Election. Applications for ballot by mail shall be submitted as follows: Dwight D. Sullivan; Early Voting Clerk; County of Galveston; P.O. Box 17253; Galveston,TX 77552-7253. If mailing by common contract carrier, applications for ballot by mail should be submitted to: Dwight D. Sullivan, Galveston County Clerk; 600 59th Street, Suite 2001; Galveston, Texas 77551-4180. Applications for ballot by mail must be received no later than the close of business on July 02, 2020. The early voting polling places shall be as designated in Exhibit B,which is attached hereto and incorporated herein for all purposes. Early voting by personal appearance for all election precincts shall be held at the locations, at the times and on the days set forth in Exhibit B, or at such other locations as hereafter may be designated by the County Clerk as provided in the Contract for Election Services. The City Secretary or designee is hereby authorized to update Exhibit B to reflect the final locations designated by the County Clerk, and such locations are hereby approved. Section 8. Appointment of Election Officials; Establishment of Central Counting Station. The election judges, alternate judges, clerks, members of the early voting ballot board, the central counting station officials, and other personnel necessary for conducting the Election shall be appointed, election judges and alternate judges may be changed, polling places may be combined for some precincts, and the central counting station shall be established and staffed by Galveston County as provided in the Election Services Agreement and such actions are hereby approved. Further,the City Council hereby authorizes the City Secretary to appoint any such other officials not designated herein or appointed pursuant to the Contract for Election Services as are necessary and appropriate to conduct the Election in accordance with the Code. The central Ord No.2020-23 3 counting stations to receive and tabulate votes shall be at the locations designated by Galveston County. Section 9. Notice. Notice of the election ordered herein 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. Section 10. Canvass. City Council, as the canvassing authority of this election, shall canvass the returns at its scheduled meeting to be held on July 20, 2020, 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 11. It is hereby further found and determined that the City Secretary posted written notice of the date,place and subject of the meeting at which this ordinance was introduced and passed on the bulletin board located at 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. PASSED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS PROVIDED IN SECTION 3.11(b)OF THE CITY CHARTER OF FRIENDSWOOD this 4th day of May,2020. ike For man Mayor ATTEST: • • /p ••.• •..•• • • Melinda Welsh, TRMC :* ; 0: City Secretary '* • • •.FOFTE•.. Ord No.2020-23 4 R2020-23 Exhibit A ELECTION JULY 14, 2020 Proposed-to be amended Dates & Times: Tuesday, July 14, 2020 7:00 a.m. — 7:00 p.m. ELECTION DAY VOTING LOCATIONS Galveston County Courthouse Hope Lutheran Church (tentative) 722 21st Street 1804 S. Friendswood Drive Galveston, Texas 77550 Friendswood, Texas 77546 Nessler Center North County Annex 2010 5th Ave. North 174 Calder Road Texas City, TX 77590 League City, Texas 77573 West County Building Kemah Community Center 11730 Highway 6 800 Harris St. Santa Fe, TX 77510 Kemah, TX 77565 Joe Faggard Community Center Dickinson Community Center 1750 State Hwy 87 4403 Hwy 3 Port Bolivar, TX 77650 Dickinson, TX 77539 MUD 12 Building Bacliff Volunteer Fire Department 2929 Hwy 6 600 Grand Ave. Bayou Vista, TX 77563 Bacliff, Texas 77518 La Marque Community Room 1109 Bayou Rd., Suite B La Marque, TX 77568 R2020-23 Exhibit B ELECTION JULY 14,2020 Proposed-to be amended Dates&Times: Monday,July 06—Friday,July 10,2020 7:00 AM—7:00 PM MAIN EARLY VOTING POLLING PLACE Galveston County Justice Center 600—59th Street 2nd Floor Conference Room Galveston,Texas EARLY VOTING BRANCH LOCATIONS Galveston County Courthouse Hope Lutheran Church(tentative) 722 21st Street 1804 S. Friendswood Drive Galveston, Texas 77550 Friendswood, Texas 77546 Nessler Center North County Annex 2010 5th Ave. North 174 Calder Road Texas City, TX 77590 League City, Texas 77573 West County Building Kemah Community Center 11730 Highway 6 800 Harris St. Santa Fe, TX 77510 Kemah, TX 77565 Joe Faggard Community Center Dickinson Community Center 1750 State Hwy 87 4403 Hwy 3 Port Bolivar, TX 77650 Dickinson, TX 77539 MUD 12 Building Bacliff Volunteer Fire Department 2929 Hwy 6 600 Grand Ave. Bayou Vista, TX 77563 Bacliff, Texas 77518 La Marque Community Room 1109 Bayou Rd., Suite B La Marque, TX 77568