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94-E-7 Sale of Parkland . !f', ORDINANCE NO.. <:J'I- F - 7 AN ORDINANCE CALLING AN ELECTION AND A NON-BINDING REFERENDUM TO BE HELD IN THE CITY OF SCHERTZ, TEXAS ON MAY 7, 1994 CONCERNING THE PROPOSED SALE OF PARKLAND AND ESTABLISHING A CURBSIDE RECYCLING PROGRAM; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND NON-BINDING REFERENDUM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO WHEREAS, the City Council (the "Council") of the City of Schertz, Texas (the "City") hereby determines to submit to the qualified voters of the City for their approval or disapproval the proposed sale of certain parkland of the City pursuant to the provisions of Section 253.001, as amended, Local Government Code; and WHEREAS, the City owns an approximately .57-acre parcel of land located in Oak Forest Subdivision, Unit 3, at the corner of Crown Oak and Crest Oak in the City of Schertz which is designated by plat as parkland (the "Property"); and WHEREAS, the Council has determined that the Property is not suitable for use as parkland and desires to sell the Property to the highest and best bidder; and WHEREAS, the City may not sell land owned or held as a public park unless the issue of such sale is submitted to the qualified voters of the City at an election and is approved by a majority of the votes received at the election, all as provided by Section 253.001, as amended, Local Government Code 1 and WHEREAS, the Council hereby finds and determines that the election shall be held on May 7, 1994 which is the next uniform election date and the City's next regular municipal election date1 and WHEREAS, the Council is considering the establishment of a residential curbside recycling collection program in the City pursuant to which the City would add a twice- monthly curbside recycling pick-up day for each residential waste customer (the "Recycling Program"); and WHEREAS, the added monthly cost for each residential customer for the Recycling Program would not be anticipated initially to exceed $1.25 per month; and , WHEREAS, recycling bins would be provided to residential customers by the City's franchised waste-removal hauler; and WHEREAS, any revenues, if any, generated from the sale of recyclable materials would be payable to the City for use as determined from time to time by the Council; and WHEREAS, the Council hereby finds and determines that it would be helpful to the Council to submit the question of whether it should establish the Recycling Program to the qualified voters of the City in a non-binding referendum to provide the Council with guidanCei and WHEREAS, the hOlding of such non-binding referendum in conjunction with the City's next regular municipal election is in the best interests of the citizens of the City; and WHEREAS, the Council hereby finds and determines that holding the proposed election and referendum on the next uniform election date and the City's next regular municipal election date is in the best interests of the citizens of the CitYi and WHEREAS, the City Secretary shall publish notice of the election and referendum as required by applicable lawi and WHEREAS, the Council hereby finds and determines that it is in the best interests of the citizens of the City to submit, for approval or disapproval, the proposed sale of the Property, and, for guidance, the possible establishment of the Recycling Program, at the earliest possible date, in order for this Council to be advised of the wishes of the citizens of the CitYi 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 7th day of May, 1994, a uniform election date and the next regular municipal election date, in the City of Schertz, Texas, which date is not less than thirty (30) days nor more than ninety (90) days from the date of the final adoption of this ordinance (this "Ordinance"). The official ballots for the election shall be prepared in accordance with the Texas Election Code, as amended, so as to permit the qualified voters of the City to vote "Yes" or "No" for the proposition which shall appear on the ballot substantially as provided below. On the date of the election the following proposition shall be submitted to the qualified voters of the City: Parkland Proposition No. 1 "Shall the City be authorized to sell the approximately .57-acre parcel of land located in Oak Forest Subdivision, Unit 3, at the corner of Crown Oak and Crest Oak in the City of Schertz which is designated as parkland?" Yes No SECTION 2. A non-binding referendum shall be held on the election date established by Section 1 of this Ordinance. The official ballots for the non-binding referendum shall be prepared in accordance with the Texas Election Code, as amended, so as to permit the qualified voters of the City to vote "Yes" or "No" for the proposition which shall appear on the ballot substantially as provided below. On the date of the non-binding referendum the following proposition shall be submitted to the qualified voters of the City: Recycling Program Proposition No. 1 "Shall the City be authorized to establish a twice-monthly curbside recycling pick-up day for each residential waste customer with a per customer charge initially not to exceed $1.25 per month?" Yes No SECTION 3. Paper ballots shall be used for voting on the date of the election and referendum. Paper ballots shall also be used for absentee voting by personal appearance and by mail. SECTION 4. The City shall constitute one election precinct for holding the election and referendum. The polling place hereby designated for holding the election and referendum shall be the Schertz Community Center, 1400 Schertz Parkway, Schertz, Texas 78154. Janestine Kvapil is hereby appointed Presiding Judge and Ralph J. Kavoras is hereby appointed Alternate Presiding Judge. The Presiding Judge shall appoint not less than two (2) nor more than four (4) qualified clerks to serve and assist in conducting the election and referendum. 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 and referendum. In the absence of the Presiding Judge, the Alternate Presiding Judge shall perform the duties of the Presiding Judge of the election precinct. On election open from 7:00 a.m. and referendum day, the polls to 7:00 p.m. shall be The City Secretary will serve as the Early Voting Clerk and her mailing address is P.O. Drawer 1, Schertz, Texas 78154. Early voting shall be conducted at the Schertz Community Center, located at 1400 Schertz Parkway, Schertz, Texas 78154. With the exception of Saturdays, Sundays, and official State holidays, this office or place shall remain open from 8:30 a.m. to 4:45 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 5. All resident qualified electors of the City shall be permitted to vote at the election and referendum and on the day of the election and referendum, such electors shall vote at the designated polling place. The election and referendum shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, and the provisions of Texas Revised Civil Statutes Annotated Chapter 1 of Title 22, as amended, and as may be required by any other law. All election and referendum materials and proceedings shall be printed in both English and Spanish. SECTION 6. A substantial copy of this Ordinance shall serve as a proper notice of the election and referendum. This notice, including a Spanish translation thereof, shall be posted on the bulletin board used for posting notices of the meetings of the Council at least twenty one (21) days prior to the date the election and referendum is to be held, and shall be published once in a newspaper of general circulation in the City not more than thirty (30) days, and not less than ten (10) full days prior to the day of the election and referendum. 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 e~tent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordered 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 prov~s~on 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, Texas Government Code, as amended. PASSED AND APPROVED, on first reading, this the February, 1994. )J day of ~ PASSED AND APPROVED, on final reading, this the ~ day of February, 1994. ATTEST: (CITY SEAL) J ['- ,. PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appear~;i?en hi~~ 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 1J/5b'c.3- was published in said ne\vspaper ~ times before the return day named therein, s~h publications being on the fOllO?dates: ~~ dQ d-cf" /~ . . . ' and a newspaper copy of which is her Sworn to and subscribed before me, this ~ day of :;~. AD., 19 ...J..L . /1:1~~ ~ ~&~~ Notary lie, Guadalupe County, Texas t ..,..-.........,,, I .,~"" ~'( Pu......"-. MARGARET L. CLARKSON II /~;~~...........f<~.)\ r"l \ \,.- \ Notary Public I t f . /-:;7 i; STATE OF TEXAS/ I \.~ Y ,'-5 ". ;;;.. ./.~ I My Comm. L ....~i~.OF'~1'........ Date Exp. -I t/ ~,f ! ,."......,.............- j ;,. ~ ..... ~ - - .. ... ~ ..44. ~~ ~...t-""_~~_,~ $.,_~ . :..'" _. J :;-; ~ , .' " .. . I.. t '.. . ... ,ORDINANCE NO. 94-E.7 AN ORDINANCE CALL- ING AN ELECTION AND A IE. NON-BINDING RE- IE FERENDUM TO BE HELD Z, IN THE CI-TY .OF G SCHERTZ, TEXAS 0N R- MAY 7, 1994 CONCERN- VI- INca THFE!\l:'ROeo.SiD I~ ~~~E,~.:t.t:~~~t~ ,C- .C, ,U."R.B",~.',."'S...,,,E;:,,:,,'t,,'1 ~,",'.. ",' ':;f,;,~,' ,.t".N, G AY ~ROGR~,~":;)~l\k.: G NG' PROVl'$~'FlOR>' /E OR CON'DUy1;OFiHEEU" - ~ES' TION AND' NON-SINDt' G REFERENDUM;'AND;, - and SOLVjNca QIHJ::B;..M: - lyof TERSINCIOENTAND~- lJ\TED TH.I:R.~,.Q..(,\:~ ,. '.,., Passed", approved-I: d ' ;,,'C "ad~p~blhej lfl$ffi""db of Z,;" ",'" '.februari:t'1-.t.,',>il""" :"" Q...,:':":J~rie. a~~r<r:J:1:'\r,:;'A' .. City Secretary , THE pueIJC'No11Cl:'OF.l - ~ - -- "I: AlJTOMATI~ , \. I3V'ty s~cre~"'f.. "ltc n $RDINANCE NO. . 94-E.7 L1M AN ORDINANCE CALL- crOf ING AN ELECTION AND A red NON - BIN 0 I N G R E - ask FERENDUM TO BE HELD IN THE CITY OF SCHERTZ, TEXAS ON Gra2 MAY 7, 1994 CONCERN- ~~21l ING THE PROPOSED SALE OF PARKLAND 1m AND ESTABLISHING A CURBSIDE RECYCLING PROGRAM; MAKING Ar PROVISION FOR THE ~ CONDUCT OF THE ELEC- TION AND NON-BINDING '1 REFERENDUM; AND RE- - SOLVING OTHER MAT- TERS INCIDENT AND RE- LATED THERETO. Passed, approved and adopted the 15th day of February, 1994. June G. Krause, City Secretary NOTICES 11