94-E-32 Sales Tax
ORDINANCE NO. 94-E..,32
AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE
CITY OF SCHERTZ, TEXAS, TO SUBMIT A PROPOSITION ON THE
QUESTION OF THE ADOPTION OF AN ADDITIONAL SALES AND
USE TAX UNDER THE PROVISIONS OF SECTION 4A, AS
AMENDED, OF THE DEVELOPMENT CORPORATION ACT OF 1979
AND ON THE QUESTION OF THE ADOPTION OF AN ADDITIONAL
SALES AND USE TAX FOR AD VALOREM TAX RELIEF; MAKING
PROVISION FOR THE CONDUCT OF THE ELECTION AND
RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH
ELECTION; AND PROVIDING AN EFFECTIVE DATE.
* * * * * * * * * * * * * * * * * * * * * *
WHEREAS, the City Council (the Council) of the City of Schertz, Texas (the
City) hereby finds and determines that an election should be held for the purpose of
submitting a proposition on the levy and collection of (i) an additional sales and use tax
within the City for economic development pursuant to the provisions of Section 4A of
Texas Revised Civil Statutes Annotated Article 5190.6, as amended (the "Act") and
(ii) an additional sales and use tax for ad valorem tax relief pursuant to Chapter 321,
as amended, Texas Tax Code (the "Code"); and
WHEREAS, the Council further finds and determines that the City is an eligible
city under the provisions of the Act, in that the City has a population of 50,000 or
fewer according to the most recent federal decennial census and is located in two or
more counties, one of which has a population of 500,000 or greater according to the
most recent federal decennial census; and
WHEREAS, the Council further finds and determines that the City is eligible to
adopt the additional sales and use tax for ad valorem tax relief pursuant to the
provisions of Section 321.101(b) of the Code; and
WHEREAS, in accordance with the requirements of the Act and the Code, the
combined rate of all local sales and use taxes imposed by the City and other political
subdivisions having territory in the City does not and will not, with the adoption of the
additional sales and use taxes, exceed two percent (2%) at any location in the City; and
WHEREAS, an election under the Code or the Act relating to an additional sales
and use tax has not been held within the City within one year from the date of the final
adoption of this ordinance; and
WHEREAS, the election will seek authorization to levy of an additional sales and
use tax at the rate of (i) one-quarter of one percent (114 of 1%) to be used to reduce the
property tax rate in accordance with the provisions of the Code and (ii) one-quarter of
0131195.03
one percent (V4 of 1%) to be used for the benefit of an industrial development
corporation established pursuant to the provisions of Section 4A of the Act;
WHEREAS, the Council hereby finds and determines that the holding of this
election on the date set forth below, a uniform election date, is in the public interest;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
SECTION 1. An election shall be held on the 21st day of January, 1995, a
uniform election date, in the CITY OF SCHERTZ, TEXAS, which date is not less than
thirty (30) days from the date of the adoption of this ordinance (the Ordinance), for the
purpose of submitting the following measure to the electors of the City:
"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 CML STATUTES
ANNOTATED ARTICLE 5190.6AT THE RATE OF ONE-QUARTER OF
ONE PERCENT (V4 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.C.A.,
TAX CODE, SECTION 321.101(b)] AT THE RATE OF ONE-QUARTER
OF ONE PERCENT (V4 of 1%) TO BE USED TO REDUCE THE
PROPERTY TAX RATE?
SECTION 2. The entire City shall constitute one election precinct for holding
the election. The polling place designated for holding the election and the Presiding
Judge and the Alternate Presiding Judge hereby appointed for holding the election are
identified in Exhibit A to this Ordinance, and this exhibit is incorporated by reference
for all purposes.
The Presiding Judge shall appoint not less than two (2) nor more than four (4)
resident qualified electors of the City to act as clerks to properly conduct the election.
However, if the Presiding Judge appointed actually serves, the Alternate Presiding
Judge shall serve as one of the clerks. The appointment of such clerks must include
a person fluent in the Spanish language to serve as a clerk to render oral aid in the
Spanish language to any voter desiring such aid at the polls on the day of the election.
In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall
perform the duties of the Presiding Judge.
The election shall be held in the City as prescribed by applicable law and on the
day of the election, the polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m.
0131195.03
-2-
Early voting shall be conducted at the Schertz Municipal Complex, located at
1400 Schertz Parkway, Schertz, Texas 78154 and Norma Althouse is designated as the
Early Voting Clerk. Early voting shall commence on the 20th day before the election
and continue through the 4th day preceding the date of the election all as provided by
the Texas Election Code. With the exception of Saturdays, Sundays, and official State
holidays, this office or place shall remain open from 8:30 o'clock a.m. to
4:30 o'clock p.m. for early voting.
An Early Voting Ballot Board is hereby established for the purpose of processing
early voting results. Janestine Kvapil is appointed the Presiding Judge of the Early
Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) nor more
than four (4) resident qualified electors of the City to serve as members of the Early
Voting Ballot Board.
SECTION 3. Voting machines may be used in holding and conducting the
election on election day; provided, however, that if the use of voting machines is not
practicable, then in that event, election voting devices may be used in conducting the
election on election day; provided, however, in the event the use of such electronic
voting devices is not practicable, the election may be conducted on election day by the
use of paper ballots. Paper ballots may be used for early voting by personal appearance
and by mail.
SECTION 4. The official ballots shall be prepared in accordance with the Texas
Election Code, as amended, the Act, and the Code, so as to permit electors to vote
"FOR" or "AGAINST" the aforesaid measure which shall appear on the ballot
substantially as follows:
"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"
SECTION 5. All resident qualified electors of the City shall be permitted to vote
at the election and on the day of the election, such electors shan vote at the designated
polling place. The election shall be held and conducted in accordance with the
provisions of the Texas Election Code, as amended, Section 4A of the Act, the
provisions of Chapter 321, as amended, Texas Tax Code, the City's Home Rule Charter,
and as may be required by any other applicable law. All election materials and
proceedings shall be printed in both English and Spanish.
SECTION 6. A substantial copy of this Ordinance shall serve as proper notice
of the election. Such notice, including a Spanish translation thereof, shall be posted not
later than the 21st day before the election on the bulletin board used for posting notices
0131191i.03
-3-
of meetings of the City Council and shall also be published at least once not earlier
than the 30th day nor later than the 10th day before the election in a newspaper of
general circulation in the City.
SECTION 7. The recitals contained in the preamble hereof are hereby found to
be true, and such recitals are hereby made a part of this Ordinance for all purposes and
are adopted as a part of the judgment and findings of the Council.
SECTION 8. All ordinances and resolutions, or parts thereof, which are in
conflict or inconsistent with any provision of this Ordinance are hereby repealed to the
extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters ordained herein.
SECTION 9. This Ordinance shall be construed and enforced in accordance with
the laws of the State of Texas and the United States of America.
SECTION 10. If any provision of this Ordinance or the application thereof to
any person or circumstance shall be held to be invalid, the remainder of this Ordinance
and the application of such provision to other persons and circumstances shall
nevertheless be valid, and the Council hereby declare that this Ordinance would have
been enacted without such invalid provision.
SECTION 11. It is officially found, determined, and declared that the meeting
at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas
Government Code.
SECTION 12. This Ordinance shall be in force and effect from and after the
date of its adoption, and it is so ordained.
[The remainder of this page intentionally left blank]
0131195.03
-4-
FIRST READING on November 15, 1994.
SECOND AND FINAL READING, PASSED AND APPROVED, this the 6th day
of December, 1994.
CITY OF SCHERTZ, TEXAS
d~
Mayor
ATTEST:
,>
(CITY SEAL)
0131195.03
-5-
Election
Precinct
No.1
0131195.03
County
Election
Precincts
Nos. 4126, 4127, and 4087
(Bexar)
Nos. 0008, 0011, and 0027
(Comal)
Nos. 304, 305, 409, and 410
(Guadalupe)
EXHIBIT A
Presiding Alternate
Judr!e Judr!e
Janestine Kvapil Rozie Mazoch
A-I
Pollin~ Place
Community Center
1400 Schertz Parkway
Guadalupe County
Schertz, Texas 78154
PUBLISHER'S AFFIDAVIT
. ....
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THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appear~ r:-;J2h'1 S.
known
to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing
111U ~ was published in said newspaper {:)J
times before the return day named therein, such
publications being on the following dates:
~~ cD1cJ-Y; /QC;Y
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me, thise99
N(~~4
0/
A.D., 19 .
day of
~
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h;.~-""~~~\ CHERYL SOSA
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L \ -;t::-> ). $ Notary PubliC, tJte 0 .exas
\ \. ~ / J MycommlSS1On ElqJiresfeb. 3. 1998
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Notary Public, Guadalupe County, Texas
AN ORDINANCE ORDER-
ING AN ELECTION TO BE
HELD IN THE CITY OF
SCHERTZ, TEXAS, TO
SUBMIT A PROPOSITION
o THE QUESTION OF
THE ADOPTION OF AN
ADDITIONAL SALES AND
USE TAX UNDER THE
PROVISIONS, OF SEC-
TION 4A, AS AMENDED,
OF THE DEVELOPMENT
CORPORATION ACT OF
1979 AND ON THE QUES-
TION OF THE ADOPTION
OF AN ADDITIONAL
SALES AND USE TAX
FOR AS VOLOREM TAX'
RELIEF; MAKING PROVI-
SION FOR THE CON-
DUCT OF THE ELECTION
AND RESOLVING OTHER
MATTERS INCIDENT
AND RELATED TO SUCH
ELECTION; AND PROVID-
ING AN EFFECTIVE
DATE.
First reading approved 0 the
. 15th day of November 1994.
June G. Krause,
City Secretary
AN ORDINANCE ORDER-
-AG AN ELEpTION TO BE
ELD IN THE, CITY OF
. . SCHERTZ, TEXAS, TO
, SUBMIT A PROPOSITION
o THE QUESTION OF
THE ADOPTION OF AN
ADDITIONAL SALES AND
USE TAX UNDER THE
PROVISIONS OF SEC-
TION 4A, AS AMENDED,
OF THE DEVELOPMENT
CORPORATION ACT OF
1979 AND ON THE QUES-
TION OF THE ADOPTION
OF AN ADDITIONAL
SALES AND USE TAX
FOR AS VOLOREM TAX
RELIEF; MAKING PROVI-
SION FOR THE, CON-
DUCT OF THE ELECTION
AND RESOLVING OTHER
MATTERS INCIDENT
AND RELATED TO SUCH
ELECTION; AND PROVID-
ING AN EFFECTIVE
DATE.
First reading approved o the
15th day of November 1994.
June G. Krause,
City Secretary
n the
iilupe
18 un-
inter-
in the
Jeing
'J.B.
, the
:ker-
title,
vner,
\ of
'<er,
the
'eal
g~p~ '"
AN ORDINANCE ORDER-
ING AN ELECTION TO BE
HELD IN THE CITY OF
SCHERTZ, TEXAS, TO
SUBMIT A PROPOSITION
o THE QUESTION OF
THE ADOPTION OF AN
ADDITIONAL SALES AND
USE TAX UNDER THE
PROVISIONS OF SEC-
TION 4A, AS AMENDED,
OF THE DEVELOPME~T
CORPORATION ACT OF
1979 AND ON THE QUES-
ind TION OF THE ADOPTION
,ty, OF AN ADDITIONAL
luel SALES AND USET AX
iin- FOR AS VOLOREM TAX
I as RELIEF; MAKING PROVI-
om SION FOR THE CON-
nia DUCT OF THE ELECTION
rier AND RESOLVING OTHER
90 MATTERS INCIDENT
,ed AND RE.LA"FED liO SUCH
pe ELECTION; ANDIPROVID-
.... MlI,....A'.... ~r""l""r"'''T''''.-.
. ,
AN ORDINANCE OijDER-
ING ArlMl If HRl'1t, BE
HELD IN T ITY .oF
SCHERTZ, TEXAS, TO
SUaMIT A PROPOSITION
o THE ,QUESTION OF
THE ADOPTION OF AN
ADDITIONAL SALES AND
USE TAX UNDER THE
PROVISIONS OF SEC-
TION 4A, AS AMENDED,
OF THE DEVELOPMENT
CORPORATION ACT OF
1979 AND.oN THE QUES-
TION .oF THE ADOPTION
OF. AN ADDITIONAL
SALES AND USE TAX
FOR AS VOLOREM TAX
RELIEF; MAKING PROVI-
SION FOR THE CON-
DUCT OF THE ELECTION
AND RESOLVING OTHER
MA TTERSINCIDENT
AND RELATED TO SUCH
ELECTION; AND PROVID-
ING AN EFFECTIVE
DATE.
First reading approved 0 the
15th day of November 1994.
June G. Krause,
City Secretary
, .
PUBLISHER'S AFFIDAVIT
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THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeare~~ UL~
known
to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing
,..,.\ \.{ ,
t\---Ch-i ~ was published in said newspaper
,3" times before the return day named therein, such
publications being on the following dates:
'b~--v,,~ 010 ".?-~
/C;f;;C/
/
and a newspaper copy of which is hereto attached.
A.D., 19
9~
Sworn to and subscribed before me, thiS~ day of '
~-~~~,
h~~"'~"""""'~~~~\
f. (*~ \; ~ CHERYL SOSA
~. \ j . J Notaty Puboo, State of Texas
\,:'>.",/;' f ~ Commission Expires Feb. 3 1998
..:..':~ 0i"1~i-~/ t
""',~
Notary Public, Guadalupe County, Texas
~
,
/ ORDINANCE
NO. 94-E-32
AN ORUINANCE ORDER-
ING AN ELECTION TO BE
HELD IN THE CITY OF
SCHERTZ, TEXAS, TO
SUBMIT A PROPOSITION
ON THE QUESTION OF
THE ADOPTION OF AN
,ADDITIONAL SALES AND
~USE TAX UNDER THE
: PROVISIONS OF SEC-
:TION 4A, AS AMENDED,
:OF THE 0EVELOPMENT
: CORPORATION ACT OF
:':'1979 AND ON THE QUES-
; \ TION OF THE ADOPTION
,OF AN ADDITIONAL
~LES AND USE TAX
FOR AD VALORl;lTAX
RELIEF: MAKING P OVI- 1"2
Sli FOR THE ON-
DU OF THE ELE TION
AN ESOLVING OTHER
MATTERS INCIDENT
AND RELATED TO SUCH
ELECTION: AND PROVID-
ING . AN EFFECTIVE
DATE.
Passed, approved and
adopted the 6th day of De-
cember 1994.
June G. Krause,
City Secretary
',1
ORDINANCE
NO. 94-E-32
AN ORDINANCE ORDER-
ING AN ELECYION TO BE
HELD IN -THE CITY OF
SCHERTZ, TEXAS, TO
SUBMIT A PROPOSITION
ON THE QUESTION OF
THE ADOPTION OF AN
ADDITIONAL SALES AND
USE TAX,UNDER tHE
PROVISIONS OF SEC-
TION 4A, AS AMENDED,
OF THE DEVELOPMENT
CORPORATION ACT OF
1979 AND ON THE QUES-
TION OF THE ADOPTION
OF AN ADDITIONAL
SALES AND USE TAX
FOR AD V A!-OREM TAX
RELIEF: MAKING PROVI-
SION FOR THE CON-
DUCT OF THE ELECTION
..., .....,.",.,..VJNG. ,..0 THE,-.-' -...,i
" ',. ! tNCDI'~:;
. . 3' ";!leD TO " ,:'
<;,:.~.' . : '".: ,-,~. : " '~ . ,.\;>
E\..EC1'IONz~", '.,
.~ AN '~,"TIVe;
n"Plil ~,o:-'! ::":',:':' ' ;
DATE.
Passed, approved and
adopted the 6th day of De-
cember 1994.
June G. Krause,
City Secretary
~