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OR 2007-1179 Special election on November 6, 2007 ORDINANCE NO. 2007-1179 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2007 TO CONSIDER THE ADOPTION OF ONE- FOURTH OF ONE PERCENT SALES AND USE TAX TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; AND, TO CONSIDER THE CREATION OF A CRIME CONTROL AND PREVENTION DISTRICT AND THE ADOPTION OF ONE-FOURTH OF ONE PERCENT SALES AND USE TAX FOR CRIME REDUCTION PROGRAMS; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN ELECTION AGREEMENT AND ELECTION SERVICES CONTRACT WITH DENTON COUNTY ELECTIONS DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has previously adopted a sales and use tax to be used for educational development purposes, which such tax will expire in December of 2007; and WHEREAS, upon its expiration, it is the desire of the City to use said sales and use tax for the purposes of maintenance and repair of municipal streets and the creation of a Crime Control and Prevention District for crime reduction programs in the City of Coppell; and WHEREAS, the City Council after due consideration desires to conduct an election on the uniform election date of November 6, 2007 to consider the use of one fourth of one percent sales and use tax for maintenance and repair of municipal streets and the creation of a Crime Control and Prevention District and the adoption of one- fourth of one percent sales and use tax for crime reduction programs in the City of Coppell; and WHEREAS, on August 28, 2007 the City Council called a Special Election for the purpose set forth herein; and WHEREAS, a recent amendment to the Texas Election Code requires that cities located in two (2) counties requires that the County polling place shall be utilized in the November uniform election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That an election previously ordered for November 6, 2007 to consider two (2) propositions, to wit: the use of one fourth of one percent sales and use tax for maintenance and repair of municipal streets; and, the creation of a Crime Control 1 TM 19810.2.000 and Prevention District and the adoption of one-fourth of one percent sales and use tax for crime reduction programs to be submitted to the qualified voters of the City for their approval or disapproval at an election to be held on November 6, 2007 is hereby amended to provide for the purpose recited herein. SECTION 2. That notice of the election shall be posted on the bulletin board used to post notice of the City Council meetings and be published in a newspaper of general circulation in the City. That said notice must be published on the same day in each of two successive weeks, with the first publication occurring no earlier than the thirtieth day and no later than the fourteenth day before the date of the election. 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 such person posting the notice shall make a record of the time of posting, starting date and the place of posting. SECTION 3. The election on the proposed Charter amendments shall be conducted in accordance with an Election Contract between the City of Coppell and Denton County Elections Department for the Special election on November 6, 2007. That the City Manager is hereby authorized to execute Election Contract with the County of Denton for the conduct of the election. SECTION 4 .That the City Secretary shall present the election returns to the City of Coppell City Council at a City Council meeting for the canvassing of said election in accordance with the Texas Election Code. SECTION 5. That early voting by personal appearance may be conducted on the following dates and times at the following locations: October 22 – 26 Monday - Friday 8:00a – 5:00p October 29 – 31 Monday – Wednesday 8:00a – 5:00p November 1 - 2 Thursday - Friday 7:00a – 7:00p Aubrey Community Center Denton City Hall 226 Countryside, Aubrey 215 E. McKinney, Denton The Colony Government Center Lake Dallas City Hall 6301 Main, The Colony 212 Main St., Lake Dallas Sanger First Baptist Church Justin Municipal Building th 708 S. 5 St., Sanger 415 N. College, Justin October 22 – 26 Monday - Friday 8:00a – 5:00p October 27 Saturday 9:00a – 4:00p October 29 – 31 Monday – Wednesday 8:00a – 5:00p November 1 - 2 Thursday - Friday 7:00a – 7:00p 2 TM 19810.2.000 Joseph A. Carroll Admin. Building Carrollton Public Library 401 W. Hickory, Denton 4220 N. Josey, Carrollton Roanoke Community Center Lewisville Municipal Annex 312 S. Walnut, Roanoke 1197 W. Main Street, Lewisville Highland Village Municipal Complex (City Hall) Frankford Town Houses 1000 Highland Village Dr., Highland Village 18110 Marsh Lane, Dallas Flower Mound Municipal Police and Court Building 4150 Kirkpatrick, Flower Mound Temporary Early Voting Location Dates and Times Thursday – Friday November 1 – 2 7:00a – 7:00p Trophy Club MUD 100 Municipal Dr., Trophy Club SECTION 6 . That on Election Day, Coppell residents residing in precinct 310 shall vote at Memorial Park Recreation Center, 1950B South Valley Parkway, Lewisville, Texas 75067. SECTION 7. That applications for early voting ballot by mail by Denton County residents shall be mailed to: Don Alexander, Elections Administrator, Denton County Elections Department; P.O. Box 1720, Denton, Texas 76202. Applications for early voting ballot by mail, if mailed, must be received no later than noon on October 30, 2007. Applications for early voting delivered by personal delivery shall be submitted to the Clerk’s office no later than the close of business on October 19, 2007. SECTION 8. In accordance with Section 123.001 of the Texas Election Code, the Direct Record and Optical Scan Voting Systems approved by the Secretary of State are hereby adopted for the election on November 6, 2007. SECTION 9. Pursuant to the Joint Election Contract, the County Elections Administrator shall serve as Election Administrator for the election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials furnished by the Elections Administrator from the list of proposed elections judges listed in an attachment to the Joint Election Contract. SECTION 10. In compliance with Section 271.006 of the Texas Election Code, the City Secretary is Early Voting Clerk. The County Elections Administrator is appointed as Chief Deputy Early Voting Clerk. Other deputy early voting clerks will be 3 TM 19810.2.000 appointed as needed to process early voting mail and to conduct early voting by personal appearance at the branch locations. SECTION 11. An Early Voting Ballot Board shall be created to process early voting results in accordance with Section 87.007 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members appointed in the manner stated in the Joint Election Contract and the Presiding Judge and Alternate Presiding Judge of the Early Voting Board shall be the election officials listed in the Election Contract. SECTION 12. Each amendment submitted must contain only one subject, and the ballot shall be prepared in a manner that the voters may vote “for” or “against” the propositions without voting “for” or “against” both of said propositions. SECTION 13. The ballot propositions for the proposed adoption of one-fourth of one percent of sales and use tax are as follows: Proposition 1 Shall the City of Coppell adopt a one-fourth of one percent sales and use tax to provide revenue for maintenance and repair of municipal streets in the City of Coppell? Proposition 2 Shall the City of Coppell create a Crime Control and Prevention District and adopt a one-fourth of one percent sales and use tax for crime reduction programs? SECTION 14. That Ordinance No. 2007-1178, ordering the Special Election for November 6, 2007, as amended, shall remain in effect and is hereby republished, save . and except as amended by this ordinance SECTION 15. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTION 16. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provide. 4 TM 19810.2.000 DULY PASSED by the City Council of the City ofCoppell, Texas, on the 11'#c... day of ~.It ~ ,2007. ROBERT E. HAGER, (REWcdb 09/06/07) ATTEST: ~&//~ L Y B , CITY SECRETARY 5 TM 19810.2.000