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1997E16- ADOPTION OF AN ADDITIONAL SALES ORDINANCE NUMBER 97- t: -/0 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 4B, AS AMENDED, OF THE INDUSTRIAL DEVELOPMENT CORPORATION ACT; 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 that an election should be held for the purposes of submitting a proposition on the levy and collection of an additional sales and use tax within the City under the provisions of Section 4B of Texas Revised Civil Statutes Annotated Article 5190.6, as amended (the "Act"); and WHEREAS, the Council further determines that the City is an eligible city under the provisions of the Act, in that the City has a population of less than 50,000 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, in accordance with the requirements of the Act, the combined rate of all local sales and use taxes imposed by the City and other political subdivisions having territory in the City will not exceed two (2) percent; WHEREAS, the election will be administered by the Guadalupe County Elections Administrator; and 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 9th day of August, 1997, 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 proposition to the electors of the City: 0276771 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 5190.6 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" L~", tJ1- C - /6 SECTION 2. The entire City shall constitute one election precinct for holding the election. The polling places hereby designated for holding the election shall be the Schertz Community Center, 1400 Schertz Parkway, Schertz, Texas. Joseph Smith is hereby appointed Presiding Judge and Janestine Kvapil is hereby appointed Alternate Presiding Judge. The Presiding Judge shall appoint not less than two (2) nor more than four (4) resident qualified electors of Guadalupe County 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. J. R. Perez will serve as the Early Voting Clerk and his mailing address is 307 West Court, Seguin, Texas 78155. Applications for early voting ballots may be directed to the City Secretary at P.O. Drawer 1, Schertz, Texas 78154. The place for early voting by personal appearance shall be the Schertz Community Center located at 1400 Schertz Parkway, Schertz, Texas. With the exception of Saturdays, Sundays, and official State holidays, these offices or places shall remain open from 8:30 o'clock a.m. 0270771 -2- to 4:30 o'clock p.m. for early voting. Early voting shall commence on the 20th day before the election and continue through the 4th day preceding the date of the election in accordance with the provisions of the Texas Election Code, as amended. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Mary Helen Purpa 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 Guadalupe County to serve as members of the Early Voting Ballot Board. The election shall be administered by the Guadalupe County Elections Administrator. 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, electronic 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, so as to permit electors to vote "FOR" or "AGAINST" the aforesaid proposition which shall appear on the ballot substantially as follows: PROPOSITION "THE ADOPTION OF A SALES AND USE TAX FOR THE PURPOSES PERMITTED BY THE PROVISIONS OF SECTION 4B, AS AMENDED, TEXAS REVISED CIVIL 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" 0276771 -3- 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 shall 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 4B of the Act, the City's Home Rule Charter, and the provisions of Chapter 321, as amended, Texas Tax Code, and as may be required by any other 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 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 this Council hereby declares 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] 0270771 -4- PASSED AND APPROVED on first reading, this the 28th day of May, 1997. PASSED AND APPROVED on final reading, this the 3rd day of June, 1997. Mayor ATTEST: ~~ City Secretary 0276771 -5- ORDINANCE NUMBER f1-E- /0 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 4B, AS AMENDED, OF THE INDUSTRIAL DEVELOPMENT CORPORATION ACT; 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 that an election should be held for the purposes of submitting a proposition on the levy and collection of an additional sales and use tax within the City under the provisions of Section 4B of Texas Revised Civil Statutes Annotated Article 5190.6, as amended (the "Act"); and WHEREAS, the Council further determines that the City is an eligible city under the provisions of the Act, in that the City has a population of less than 50,000 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, in accordance with the requirements of the Act, the combined rate of all local sales and use taxes imposed by the City and other political subdivisions having territory in the City will not exceed two (2) percent; WHEREAS, the election will be administered by the Guadalupe County Elections Administrator; and 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 9th day of August, 1997, 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 proposition to the electors of the City: 0276771 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" SECTION 2. The entire City shall constitute one election precinct for holding the election. The polling places hereby designated for holding the election shall be the Schertz Community Center, 1400 Schertz Parkway, Schertz, Texas. Joseph Smith is hereby appointed Presiding Judge and Janestine Kvapil is hereby appointed Alternate Presiding Judge. The Presiding Judge shall appoint not less than two (2) nor more than four (4) resident qualified electors of Guadalupe County 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. J. R. Perez will serve as the Early Voting Clerk and his mailing address is 307 West Court, Seguin, Texas 78155. Applications for early voting ballots may be directed to the City Secretary at P.O. Drawer 1, Schertz, Texas 78154. The place for early voting by personal appearance shall be the Schertz Community Center located at 1400 Schertz Parkway, Schertz, Texas. With the exception of Saturdays, Sundays, and official State holidays, these offices or places shall remain open from 8:30 o'clock a.m. 0276771 -2- to 4:30 o'clock p.m. for early voting. Early voting shall commence on the 20th day before the election and continue through the 4th day preceding the date of the election in accordance with the provisions of the Texas Election Code, as amended. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Mary Helen Purpa 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 Guadalupe County to serve as members of the Early Voting Ballot Board. The election shall be administered by the Guadalupe County Elections Administrator. 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, electronic 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, so as to permit electors to vote "FOR" or "AGAINST" the aforesaid proposition which shall appear on the ballot substantially as follows: PROPOSITION "THE ADOPTION OF A SALES AND USE TAX FOR THE PURPOSES PERMITTED BY THE PROVISIONS OF SECTION 4B, AS AMENDED, TEXAS REVISED CIVIL 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" 0275771. -3- 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 shall 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 4B of the Act, the City's Home Rule Charter, and the provisions of Chapter 321, as amended, Texas Tax Code, and as may be required by any other 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 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 this Council hereby declares 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] 0276771 -4- PASSED AND APPROVED on first reading, this the 28th day of May, 1997. PASSED AND APPROVED on final reading, this the 3rd day of June, 1997. -"' Mayor ATTEST: 7:;:k...,.,.. /~ City Secretary 0276771 -5- PUBLISHER'S AFFIUAVIT :Ck I County of Guadalupe - ~~~' JM.'!t~ ~ IiJS'-.J-D THE STATE OF TEXAS, Before me, the undersigned authority, on this date personally appeared L. A. REYNOLDS known to me, who, being by me duly sworn, on his oath deposes and says that he is the Advertising Director of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore- going AD was published in said newspaper 2 times before the return day named therein ORDINANCE NO. .,.....1. An Ordinance lMdIrIng ail ~ 10 ba held iI>,lhe CIty .. ' of Schertz "'elCllls 10 submit ORDlN~C" 119/ ~-E.16 . '.' . An Ordlrance oraenng an a propositIOn on lhe_ 10 ba held In 1he City question of the adoption 01 ' an addllional sales and use of Schertz, ~exas, 10 submit tax under the provIIions 01 a proposlllon on the section 48,..~, of queslddil~nlonaof llh~_~~nd of the Industrilll development an a - .a. use corporal~n act; makillg lax ~ the provlSlOl1S of provls~n for lhe conduct of Nction 48, .. amended, of the eleclion; l8SOIvlng other Ihe Industrial deva~nl matters Incident and relalad cO~?'tion act; making to such election; and proYI8OlI1 for the conduct of providing an the electlOll; l8SOIvlng other effective dale. . matters irddent ~ ~ P....d Approved and ,10 such electIOn; and .---------. AdCll'l&<i Ihe ard day of providing an effective dale. /' June 1997 Passed, Approved and /' ~ A~e City See- Adopted the ard day of retary . June, 1997. " . . Nanna Althou.., City Secretary. 11 0 L gt' wtq.;es such publications being on the following dates: June 8, 1997 June 12, 1997 and a newspaper copy of which is hereto attached. Sworn to and subscribed before me, this 17th day of June 97 A.D., 19 ~llll f~~r*"~\ RUTH AYERS ,.\ . -- j. "I3<yI'lllll<.StI.._ \.~/.I;.) MyClllllm__'2.2H!ll9 l~:"~ 0' .~./ Notary Public, Guadalupe County, Texas PUBLISHER'S AFFIDAVIT ,t . I JJ~ ~ &1. (11/(-/") ~ ~P+ c# j:3. tff THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appeared L. A. REYNOLDS known to me, who, being by me duly sworn, on his oath deposes and says that he is the Advertising Director of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore- going AD was published in said newspaper 2 times before the return day named therein, AN ELECTION - AN l!1iCTJON An ordinOl1<8 OIdllring an An ordinance ordering an election to be _ in the Clly _10 be hel.l in the City of Sct,.:tz, Texas. tosubmn of Schertz Texaa to8l.tlmn a proposition on the . . . . question of the adoption of a p~oposltlon on the an addnional sales and use . question of the adoption of tax under the provisions of I an additional sales .a~ use section 46, as amendad, of tax under the provI8IOn8 of the industrial development '1IlIcllon 48, .. a!ll8/1ded. of corporation act; making the lndu8triaI dfteJopment provision for the conduct of corporation act; making the _n a~d c resolving provision for the conduct of other matters .nc;ident ~nd . the eleetlon and resolving releted to. such election; I clhtr matters Incident and and providIng an effective ..Iated to such election' date. . Approved on first reading the ,and providing an effective ".. -'-", 28th of May. 1997 ! date, Norma A~house, .. ' Approved on first reading the City Secretary. :,' 28th of May, 1997 / Norma A~house, City Secretary. .--- such publications being on the following dates: June 6, 1997 June 12, 1997 and a newspaper copy of which is hereto attached. Swom to and subscribed before me, this 20th day of June A.D., 19 97 Notary Public, Guadalupe County, Texas