Loading...
1997R11- ADDITIONAL SALES AND USE TAX f i' t, ," f:,..' RESOLUTION NO. 97-R-ll A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION CONCERNING THE ADOPTION OF AN ADDITIONAL SALES AND USE TAX AS PERMITTED BY THE PROVISIONS OF SECTION 4B, AS AMENDED, TEXAS REVISED CIVIL STATUTES ANNOTATED ARTICLE 5190.6; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, on June 3, 1997, the City Council (the City Council) of the City of Schertz, Texas (the City) ordered an election to be held on August 9, 1997, for the purpose of determining whether the resident, qualified electors of the City would authorize the adoption of an additional sales and use tax as permitted by the provisions of Section 4B, as amended, Texas Revised Civil Statutes Annotated Article 5190.6; and WHEREAS, the City Council has reviewed and investigated all matters pertaining to this election, including the ordering, notices, election officers, holding, and returns thereof; and WHEREAS, the City Council hereby canvasses the returns of this election, at which there were submitted to all resident, qualified electors otthe City for their action thereupon, the following proposition: PROPOSITION "SHALL THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS BE AUTHORIZED TO IMPOSE AND ADOPT A SALES AND USE TAX FOR THE PURPOSES PERMITTED BY THE PROVISIONS OF SECTION 4B, AS AMENDED, TEXAS REVISED CIVIL STATUTES ANNOTATED ARTICLE 5190.6AT THE RATE OF ONE-HALF (1/2) OF ONE PERCENT (1%), INCLUDING THE COSTS OF CONSTRUCTING, IMPROVING, AND EQUIPPING A POLICE BUILDING (INCLUDING THE ACQUISITION OF LAND), A FIRE STATION (INCLUDING THE ACQUISITION OF LAND), AN EMERGENCY MEDICAL SERVICE (EMS) FACILITY, LIBRARY IMPROVEMENTS, TOWN CENTER/MUSEUM IMPROVEMENTS, SCHERTZ COMMUNITY CENTER IMPROVEMENTS, AND PARK IMPROVEMENTS AND EQUIPMENT, INCLUDING AN ALL-WEATHER ENCLOSURE TO THE MUNICIPAL SWIMMING POOL, CONSTRUCTING A RECREATION CENTER, SATELLITE/NEIGHBORHOOD PARKS, IMPROVEMENTS TO EXISTING PARKS, AND IMPROVEMENTS TO EXISTING BALLFIELDS, ALONG WITH PAYING THE MAINTENANCE AND OPERATING EXPENSES RELATED TO THESE PROJECTS" . and , WHEREAS, the City Council has diligently inquired into the poll lists and the official election returns which were duly and lawfully made to this City Council by the judges and clerks holding and conducting the election; the poll lists and the official election returns showing separately the votes cast in the election; and 027.... , . . . . . WHEREAS, from these returns, this City Council hereby finds that the following votes were cast in the election by voters who were resident, qualified electors of the City; - PROPOSITION "THE ADOPTION OF A SALES AND USE TAX FOR THE PURPOSES PERMITTED BY THE PROVISIONS OF SECTION 4B, AS AMENDED, TEXAS REVISED CML STATUTES ANNOTATED ARTICLE 5190.6 AT THE RATE OF ONE-HALF (1/2) OF ONE PERCENT (1%), INCLUDING THE COSTS OF CONSTRUCTING, IMPROVING, AND EQUIPPING A POLICE BUILDING (INCLUDING THE ACQUISITION OF LAND), A FIRE STATION (INCLUDING THE ACQUISITION OF LAND), AN EMERGENCY MEDICAL SERVICE (EMS) FACILITY, LIBRARY IMPROVEMENTS, TOWN CENTER/MUSEUM IMPROVEMENTS, SCHERTZ COMMUNITY CENTER IMPROVEMENTS, AND PARK IMPROVEMENTS AND EQUIPMENT, INCLUDING AN ALL-WEATHER ENCLOSURE TO THE MUNICIPAL SWIMMING POOL, CONSTRUCTING A RECREATION CENTER, SATELLITE/NEIGHBORHOOD PARKS, IMPROVEMENTS TO EXISTING PARKS, AND IMPROVEMENTS TO EXISTING BALLFIELDS, ALONG WITH PAYING THE MAINTENANCE AND OPERATING EXPENSES RELATED TO THESE PROJECTS" For Amiinst Election Day 577 292 Early Votes 151 728 89 381 TOTAL NOW, THEREFORE, IT IS ACCORDINGLY FOUND, DECLARED, AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. The City Council of the City officially finds, determines, and declares that the election was duly and properly ordered, that proper legal notice of such election was duly given in the English language and the Spanish language, that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified electors of the City were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the City Council of the City has duly canvassed such returns, all in 0276... -2- , . accordance with the laws of the State of Texas and of the United States of America and the resolution calling the election. SECTION 2. A MAJORITY of the resident, qualified electors of the City of Schertz, Texas, voting in the election, having voted FOR the levy of an additional sales and use tax as permitted by the provisions of Section 4B, as amended, Texas Revised Civil Statutes Annotated Article 5190.6 as provided in the measure, the Council hereby determines that the measure carried at the election, that the election was duly called, proper notice given, and that the election was held in all aspects in conformity with the law, and that the Council is hereby accordingly authorized to levy the additional sales and use tax in accordance with the authority granted in the measure and with law. SECTION 3. The City Council finds and determines that the sales tax proposition was approved by the following number of votes 728 . SECTION 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and find!ngs of the City Council. SECTION 5. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 9. This Resolution shall be in force and effect from and after its fmal passage and it is so resolved. [The remainder of this page intentionally left blank.] 02768.. -3- ~.' t ._' . > ' . "~. PASSED, ADOPTED AND APPROVED this, the mday of August, 1997. CITY OF SC ATTEST: ~ ~-'~-~~ City Secretary (CITY SEAL) 0276853 -4- Mayor