03-98-Ordinance-Calling the May 2 Election 4A 4B Sales Tax-03/13/19981
AN ORDINANCE OF THE CITY OF SANGER, TEXAS
ORDINANCE No. 03-98
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, CALLING AN ELECTION
TO BE HELD ON MAY 2, 1998, TO SUBMIT TO THE VOTERS OF THE CITY
PROPOSITIONS ON THE QUESTIONS OF THE ADOPTION OF ONE-HALF OF ONE
PERCENT 4A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT OF
NEW AND EXPANDED BUSINESS ENTERPRISES, AND FOR THE ADOPTION OF ONE-
HALF OF ONE PERCENT SALES AND USE TAX FOR ANY PROJECT AUTHORIZED BY
SECTION 4B OF THE DEVELOPMENT CORPORATION ACT OF 1979 INCLUDING
MAINTENANCE AND OPERATING COSTS FOR ANY SUCH PROJECT; PROVIDING
FOR EARLY VOTING; PROVIDING FOR GIVING OF NOTICE; PROVIDING FOR THE
APPOINTMENT OF JUDGES AND CLERKS TO CONDUCT SAID ELECTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sanger, Texas, hereby finds that an election
should be held for the purpose of submitting propositions on the levy and collection of sales
and use taxes within the City under the provisions of Section 4A, and 4B of Article 5190.6,
V.A.T.C.S. (the "Development Corporation Act of 1979"); and
WHEREAS, the City is an "eligible city" under the provisions of 4A and 4B of said Act,
in that (i) the City is located in a county with a population fewer than 500,000 according to the
most recent federal decennial census and (ii) the combined rate of all sales and use taxes
imposed by the City, the State, and other political subdivisions with territory in the City will not
exceed 8.25 percent if the propositions are approved by the Voters; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
SECTION 1. On this 13th day of March , 1998, at a meeting of the City Council
of the City of Sanger, Texas, a quorum being present, the meeting was called to order and the
Council issued the following order:
It is ordered that an election be held in the City of Sanger, Texas on the 2nd day of May,
1998, said date being the first Saturday of said month, a date not less than thirty (30) days from
the date of the adoption hereof and a uniform election date pursuant to V.T.C.A., Election
Code, Section 41.01. Said election shall be for the following purposes:
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To vote for or against the following propositions:
Proposition No. 1
THE ADOPTION OF A SALES AND USE TAX FOR THE PROMOTION AND
DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AT THE RATE
OF ONE-HALF OF ONE PERCENT AS AUTHORIZED BY SECTION 4A,
DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED.
Proposition No. 2
THE ADOPTION OF A SECTION 4B SALES AND USE TAX AT THE RATE OF ONE-
HALF OF ONE PERCENT TO UNDERTAKE PROJECTS AS DESCRIBED IN SECTION 4B
OF ARTICLE 5190.6, V.A.T.C.S., INCLUDING BUT NOT LIMITED TO PROJECTS FOR
THE PROMOTION OF PROFESSIONAL AND AMATEUR ATHLETICS AND SPORTS
INCLUDING STADIUMS, BALL PARKS, AUDITORIUMS, PROJECTS RELATED TO
ENTERTAINMENT, CONVENTION, TOURIST, AND EXHIBITION FACILITIES,
AMPHITHEATERS, CONCERT HALLS, AND PUBLIC PARKS, PARK FACILITIES AND
EVENTS, OPEN SPACE IMPROVEMENTS, LEARNING CENTERS, MUNICIPALS
BUILDINGS, MUSEUMS AND RELATED STORES, RESTAURANTS, CONCESSION, AND
AUTOMOBILE PARKING FACILITIES, RELATED AREA TRANSPORTATION
FACILITIES, AND RELATED ROADS, STREETS, AND WATER AND SEWER
FACILITIES, RECYCLING FACILITIES AND PROJECTS TO PROMOTE NEW OR
EXPANDED BUSINESS ENTERPRISES INCLUDING PUBLIC SAFETY FACILITIES,
STREETS AND ROADS, DRAINAGE, AND RELATED IMPROVEMENTS, DEMOLITION
OF EXISTING STRUCTURES, AND GENERAL IMPROVEMENTS THAT ARE
MUNICIPALLY OWNED, AS WELL AS ANY OTHER IMPROVEMENTS OR FACILITIES
THAT ARE RELATED TO ANY OF THE ABOVE PROJECTS, AND THE MAINTENANCE
AND OPERATIONS EXPENSES FOR ANY OF THE ABOVE DESCRIBED PROJECTS.
Texas.
The polling place for said election shall be at City Hall, 201 Bolivar Street, Sanger,
The polls shall be open from 7:00 a. in. to 7:00 p.m.
None but legally qualified voters of the City shall be entitled to vote at said election.
The election shall be held and conducted in accordance with the provisions of V . T. C. A. ,
Election Code and V.T.C.A., Tax Code, Chapter 321, the Development Corporation Act of
1979, as amended, and as may be required by law.
Notice of said election shall be published in both English and Spanish once in the official
newspaper of the City not earlier than April 2, 1998, said date being the 30th day before election
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day, and not later than April 22, 1998, the loth day before election day. Such notice shall also
be posted on the Bulletin Board used to publish notice of City Council Meetings not less than
April 11, the 21st day before election day. (4.003)
A copy of the published notice that contains the name of the newspaper and the date of
publication shall be retained as a record of such notice, and the person posting the notice shall
make a record at the time of posting stating the date and place of posting. (4.005)
The Presiding Election Judge shall be Wynema Schertz and the Alternate Presiding
Election Judge shall be Sue Trego. The Alternate Presiding Judge shall serve as Presiding Judge
if the regularly appointed Presiding Judge can not serve and where the election is conducted by
the regularly appointed Judge, the Presiding Judge shall appoint the Alternate Presiding Judge
as one of the Clerks (32.001b, 32.032)
An Early voting Ballot Board is hereby created. (87.001)
The Presiding Election Judge shall also serve as the Presiding Judge of the Early Voting
Ballot Board. The other members of the Early Voting Ballot Board shall be appointed by the
Presiding Judge in the same manner as the Presiding Election Judge appointed Election Clerks.
(87.001-87.002)
The Presiding Election Judge shall appoint three Election Clerks necessary for the proper
conduct of the election. Provided, however, three shall be the maximum number of Clerks
which may be appointed to serve at said polling place. (32.033)
All Judges and Clerks shall be qualified voters in the City. (32.051)
Early voting for the above designated election shall be held at the regular office of the
City Secretary at the City Hall, 201 Bolivar Street, Sanger, Texas, and said place of early voting
shall remain open on each day of early voting which is not a Saturday, Sunday, or a legal state
holiday, beginning on the 17th day before election day and continuing through the 4th day before
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election day.
Said place of early voting shall remain open on the weekdays of the early voting period
and during the hours the City Secretary's office is regularly open for business. (83.032) The
City Secretary shall be the early voting clerk for said election. (83.005)
The City Secretary may by written order appoint one or more of the City's Secretary's
permanent deputies as deputy early voting clerks (83.032)
Voting on election day shall be conducted using paper ballots and early voting shall be
conducted by paper ballot. Early voting ballots shall be counted by the Early Voting Ballot
Board.
After holding said election, the Presiding Election Judge shall promptly deliver the
original of the election returns in person to the Mayor or if the Mayor is unavailable, to the City
Secretary. (66.051, 66.001)
The City Secretary shall present such returns to the City Council for the canvassing of
said election. (66.051, 66.052)
The canvass of said election returns shall be conducted by the City Council not earlier
than the 3rd day nor later than the 6th day after the election. (67.003 (2) & 67.001)
The Presiding Election Judge shall be paid the sum of $6.00 per hour, plus an additional
sum of $25.00 for services in delivering the returns of the election. The Alternate Presiding
Election Judge shall be paid the sum of $6.00 per hour, and each Election Clerk shall be paid
the sum of $6.00 per hour for their services in holding the election. Such payments shall not
exceed the maximum amounts set out in the Texas Election Code, to -wit: $6.00 per hour for
each election official, plus an additional amount paid to the Presiding Judge for delivering the
returns, not to exceed $25.00. (32.091-32.092)
SECTION 2. The preambles recited above are hereby incorporated as if fully set forth
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herein. This Ordinance shall take effect immediately from and after its passage as the law in
such cases provides.
DULY PASSED by a majority of the members of the City Council of the City of Sanger,
Texas, this day of �-M 1998.
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C)S/ir1,F���APPROVED:
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City Secretary
APPROVED AS TO FORM:
City Attorney