1995R01- TEXAS TAX CODE
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A RESOLUTION CANVASSING THE RETURNS AND DECLARING
THE RESULTS OF AN ELECTION CONCERNING THE ADOPTION
OF AN ADDITIONAL SALES AND USE TAX FOR ECONOMIC
DEVEWPMENT AS PERMITTED BY THE PROVISIONS OF
SECTION 4A, AS AMENDED, TEXAS REVISED CIVIL STATUTES
ANNOTATED ARTICLE 5190.6 AND AN ADDITIONAL SALES AND
USE TAX FOR PROPERTY TAX RELIEF AS PERMITTED BY THE
PROVISIONS OF CHAPTER 321, AS AMENDED, TEXAS TAX CODE;
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, on December 6, 1994, the City Council (the Council) of the City of
Schertz, Texas (the City) ordered an election to be held on January 21, 1995, for the
purpose of determining whether the resident, qualified ~lectors of the City would
authorize the adoption of an additional sales and use tax as permitted by the provisions
of Section 4A, as amended, Texas Revised Civil Statutes Annotated Article 5190.6 and
an additional sales and use tax for property tax relief as permitted by the provisions
of Chapter 321, as amended, Texas Tax Code; and
WHEREAS, the Council has reviewed and investigated all matters pertaining to
this election, including the ordering, notices, election officers, holding, and returns
thereof; and
WHEREAS, the Council hereby canvasses the returns of this election, at which
there were submitted to all resident, qualified electors of the City for their action
thereupon, the following measure:
"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 4A, AS AMENDED, TEXAS
REVISED CIVIL STATUTES ANNOTATED ARTICLE 5190.6 AT
THE RATE OF ONE-QUARTER OF ONE PERCENT (V.. OF 1%)
AND TO IMPOSE AND ADOPT AN ADDITIONAL MUNICIPAL
SALES AND USE TAX AUTHORIZED BY THE MUNICIPAL
SALES AND USE TAX, AS AMENDED, [V.T.CA, TAX CODE,
SECTION 321.101(b)] AT THE RATE OF ONE-QUARTER OF
ONE PERCENT (V.. of 1%) TO BE USED TO REDUCE THE
PROPERTY TAX RATE?
; and
WHEREAS, the Council has diligently inquired into the poll lists and the official
election returns which were duly and lawfully made to this 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
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WHEREAS, from these returns, the Council hereby finds and determines that
the following votes were cast in the election by voters who were resident, qualified
electors of the City;
"THE ADOPTION OF A SALES AND USE TAX WITHIN THE
CITY FOR THE PROMOTION AND DEVELOPMENT OF NEW
AND EXPANDED BUSINESS ENTERPRISES AT THE RATE OF
ONE-FOURTH OF ONE PERCENT AND THE ADOPTION OF
AN ADDITIONAL SALES AND USE TAX WITHIN THE CITY AT
THE RATE OF ONE-FOURTH OF ONE PERCENT TO BE
USED TO REDUCE THE PROPERTY TAX RATE"
For Ae:ainst
215 280
Absentee Votes
101
106
TOTAL
NOW, THEREFORE,
IT IS ACCORDINGLY FOUND, DECLARED, AND RESOLVED
BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THAT:
316
386
SECTION 1. The Council 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 Council has duly canvassed such returns, all in accordance with the laws
of the State of Texas and of the United States of America and the ordinance calling the
election.
SECTION 2. A MAJORITY of the resident, qualified electors of the City of
Schertz, Texas, voting in the election, having voted AGAINST the levy of an additional
sales and use tax as permitted by the provisions of Section 4A, as amended, Texas
Revised Civil Statutes Annotated Article 5190.6 and Chapter 321, as amended, Texas
Tax Code, as provided in the measure, the Council hereby determines that the measure
failed at the election by 70 votes, that the election was duly called, proper notice given,
and that the election was held in all aspects in conformity with the law.
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SECTION 3. 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 findings of the Council.
SECTION 4. 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 5. This Resolution shall be construed and enforced in accordance with
the laws of the State of Texas and the United States of America.
SECTION 6. 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 Council hereby declares that this Resolution would have been enacted
without such invalid provision.
SECTION 7. 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 8. This Resolution shall be in force and effect from and after its final
passage and it is so resolved.
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PASSED, ADOPTED AND APPROVED this, the 25th day of January, 1995.
Mayor
ATTEST:
"rk!~ ~
City Clerk
(CITY SEAL)
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