OR 2011-1285 (English) Calling the November 8, 2011 electionI
ORDINANCE NO. ,,Of/- /2$5
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ORDERING A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 8, 2011 TO CONSIDER THE CONTINUATION AND
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
CONTINUATION AND THE ADOPTION OF ONE - FOURTH OF
ONE PERCENT SALES AND USE TAX FOR CRIME
REDUCTION PROGRAMS FOR A TEN (10) YEAR PERIOD;
PROVIDING FOR THE PUBLICATION AND POSTING OF
NOTICE; AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ELECTION AGREEMENT AND ELECTION SERVICES
CONTRACT WITH DALLAS COUNTY ELECTIONS
DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has previously adopted a sales and use taxes to be
used for street and road maintenance and for a crime control district, respectively, which
such taxes will expire in 2012; and
WHEREAS, upon its expiration, it is the desire of the City to continue use of said
sales and use tax for the purposes of maintenance and repair of municipal streets and the
crime control and prevention district funding 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 8, 2011 to consider the continuation
and use of one fourth of one percent sales and use tax for maintenance and repair of
municipal streets and the funding of the 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 for a ten (10) year period.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That an election is hereby ordered for November 8, 2011 to
consider two (2) propositions, to wit: the continuation and adoption of use of one fourth
of one percent sales and use tax for maintenance and repair of municipal streets; and, the
continuation and adoption of a one -fourth of one percent sales and use tax for crime
reduction programs for a ten (10) year period upon the expiration of the current term, to
be submitted to the qualified voters of the City for their approval or disapproval at an
election to be held on November 8, 2011.
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
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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
Dallas County Elections Department for the Special election on November 8, 2011. That
the City Manager is hereby authorized to execute Election Contract with the County of
Dallas 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 at
either the Coppell Town Center, 255 Parkway Boulevard, or at any of the other branch
locations established by the Election Contract. Early voting by personal appearance will
be conducted beginning Monday, October 24, 2011, through Friday, October 28, 2011,
8:00 a.m. - 5:00 p.m.; Saturday, October 29, 2011, 8:00 a.m. - 5:00 p.m.; Sunday,
October 30, 2011, 1:00 p.m. - 6:00 p.m.; Monday, October 31, 2011 through Wednesday,
November 2, 2011, 8:00 a.m. - 5:00 p.m.; and Thursday, November 3, 2011 through
Friday, November 4, 2011, 7:00 a.m. - 7:00 p.m. at locations specified in the Joint
Election Contracts.
SECTION 6. That applications for early voting ballot by mail by Dallas County
residents shall be mailed to: Toni Pippins - Poole, Chief Deputy Early Voting Clerk,
Dallas County Elections Department; Health & Human Services Building, 2377 N.
Stemmons Freeway, Suite 820, Dallas, Texas 75207. Applications for early voting ballot
by mail, if mailed, must be received no later than noon on October 30, 2011.
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 11, 2011.
SECTION 7. 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 8, 2011.
SECTION 8. 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 9. In compliance with Section 271.006 of the Texas Election Code,
the City Secretary is Early Voting Clerk. The County Elections Administrator is
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appointed as Chief Deputy Early Voting Clerk. Other deputy early voting clerks will be
appointed as needed to process early voting mail and to conduct early voting by personal
appearance at the branch locations.
SECTION 10. 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 11. 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 12. 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 continue and 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 continue and adopt a one -fourth of one
percent sales and use tax for crime reduction programs for a ten (10) year
term?
SECTION 13. 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 14. 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.
DULY PASSED by the City Council of the City of Coppell, Texas, on the
day of ,Am use , 201
DOUGLAS N. STOVER. MAYOR
2
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AT
STEL PETTI OS, CITY SE RETARY
AS
ROBERT E. HAGE"TY ATTORNEY
(REivcan)
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