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OR 96-750 Election authorizing additional sales tax, aquatic & recreation facility AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 96750 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, CALLING AN ELECTION FOR MAY 4, 1996, TO VOTE FOR OR AGAINST A PROPOSITION TO AUTHORIZE THE ADOPTION OF AN ADDITIONAL SALES AND USE TAX AT THE RATE OF ONE-HALF OF ONE PERCENT TO BE USED TO CONSTRUCT AND DEVELOP AN ALL-SEASON AQUATIC FACILITY, A COMMUNITY MULTI-PURPOSE RECREATION FACILITY, AN ATHLETIC COMPLEX, AND THE FIRST PHASE OF A HIKE AND BIKE TRAIL SYSTEM, SAID ADDITIONAL SALES AND USE TAX TO TERMINATE UPON THE PAYMENT AND RETIREMENT OF BONDS AND OBLIGATIONS NOT TO EXCEED TWENTY (20) YEARS FROM THE ISSUANCE OF SAID BONDS OR OBLIGATIONS, PURSUANT TO SECTION 4B OF THE DEVELOPMENT CORPORATION ACT OF 1979; PROVIDING FOR EARLY VOTING; PROVIDING FOR THE APPOINTMENT OF ELECTION JUDGES AND CLERKS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Coppell Half-Cent Sales Tax Advisory Committee has made a report to the City Council recommending that an election be called to determine whether an additional one-half of one percent sales and use tax should be adopted for the purpose of acquiring and developing an all season aquatic facility, a multi-purpose recreation facility, a new athletic complex, and the first phase of a hike and bike trail system, authorized by section 4B of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes; and WHEREAS, the City Council of the City of Coppell, Texas is of the opinion and finds that a proposition regarding the adoption of an additional sales and use tax under section 4B of the Development Corporation Act should be submitted to the voters at the regular election scheduled for May 4, 1996; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That an election shall be held in the City of Coppell, Texas on May 4, 1996 to be held concurrently with the regular city election for City Council members heretofore called by the City Council of the City of Coppell, Texas for such date for the following purpose: To vote for or against the following proposition: 1 AGG08046 "The adoption of a sales and use tax within the City at the rate of one-half of one percent to construct and develop an all- season aquatic facility, a community multi-purpose recreation facility, a new athletic complex, and the first phase of a hike and bike trail system, said additional sales and use tax to terminate upon the payment and retirement of bonds and obligations not to exceed twenty (20) years from the issuance of said bonds or obligations, pursuant to Section 4B of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes." SECTION 2. That a copy of this Ordinance serving as notice of said election shall be published in English and Spanish once in the official newspaper of the City not earlier than April 14, 1996, the thirtieth (30th) day before the election and not later than April 24, 1996, the tenth (10th) day before the election date. Such notice shall also be posted on the bulletin board used to publish notice of City Council meetings not later than April 15, 1996, the twenty-first (21st) day before the election day. 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, and shall deliver a copy of each posted notice to the Mayor of the City of Coppell, Texas. SECTION 3. That the Presiding Election Judge shall appoint two Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. Provided, however, twelve (12) shall be the maximum number of Clerks which may be appointed to serve at said polling place. All Judges and Clerks appointed by the Presiding Election Judge shall be qualified voters in the City. The City Secretary of the City of Coppell shall be the Early Voting Clerk for said election. SECTION 4. That the election shall be held at the Coppell City Hall, at 255 Parkway Boulevard, Coppell, Texas concurrently with the city officers' election to be held on May 4, 1996. The hours of said election shall between the hours of 7:00 a.m. and 7:00 p.m. on May 4, 1996. The period for early voting by personal appearance shall begin on April 15, 1996 and continue through April 30, 1996. The main early voting polling place shall be the regular office of the City secretary located at the Coppell City Hall, 255 Parkway Boulevard, Coppell, Texas, where early voting by personal appearance shall be conducted on the 2 AGG08046 weekdays of the early voting period and during the hours the City Secretary's main business office is regularly open for business. On the weekdays of the period of early voting, the City Secretary's main business office shall be regularly open for business as follows: April 15, 1996, through April 19, 1996, during the hours of 8:00 a.m. to 5:00 p.m.; April 22, 1996, through April 26, 1996, during the hours of 7:00 a.m. to 7:00 p.m.; and April 29, 1996, through April 30, 1996, during the hours of 7:00 a.m. to 7:00 p.m. The City Secretary, as early voting clerk, is authorized by law to order, in writing, voting by personal appearance on one or more Saturdays or Sundays during the early voting period and if such order is made the days and times shall be posted continuously for at least 72 hours immediately preceding the first hour of voting at the election and may also be included in the regular published and posted notice of this election. The City Secretary may by written order appoint one or more of the City Secretary's permanent deputies as deputy early voting clerks. 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. The canvass of said election returns shall be conducted by the City Council not earlier than the 2nd day nor later than the 6th day after the election. 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. SECTION 5. That the Presiding Election Judge, Alternate Presiding Election Judge and the Election Clerks appointed to conduct the City Officers' election shall serve the same offices and functions with regard to the additional sales tax election. The Presiding Election Judge is also appointed judge of the early voting ballot board and shall appoint two (2) clerks to assist in that function. All provisions for early voting contained in the order calling for the City Officers' election are hereby adopted by reference for the sales and use tax election the same as if fully copied herein. 3 AGG08046 SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY P&SSED by the City Council of the City of Coppell, Texas, this the :/~ APPROVED: / , / ) L-2a~ C .... · '"4FOM MORTON, MAYOR ATFEST: I- / LYNDA GRAU, CITY SECRETARY APPROVED AS TO FORM: ~RR~ Mq~O R N E Y (PGS/lm 2/23/96) 4 AGG08046