OR 2013-1349 Order Election
ORDINANCE NO. 2013-1349
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ORDERING A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 5, 2013 TO CONSIDER THE REAUTHORIZATION
AND ADOPTION OF ONE-HALF OF ONE PERCENT SALES AND
USE TAX; PROVIDING FOR THE PUBLICATION AND POSTING
OF NOTICE; PROVIDING FOR EARLY VOTING;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ELECTION AGREEMENTS WITH DALLAS AND DENTON
COUNTY ELECTIONS DEPARTMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the City Council has previously adopted a sales and use taxes to be
used for construction of Wagon Wheel Park, Recreation Center, Aquatic Center, trail
system and maintenance and operation thereof, which such taxes will expire in 2018; and
WHEREAS,
a citizen committee has been formed by the City Council that now
recommends a consideration by the voters to extend the one half (1/2) sales tax and use
for continued maintenance and operation of the Recreation/ Aquatic Center, trail system,
Wagon Wheel Park and related facilities; and
WHEREAS,
the City Council has adopted a Park Master Plan and the 2030 Plan,
has been recognized and desires to add and upgrade park and other improvements upon
library, athletic facilities, public park amenities, open space, gathering places and other
facilities, and the maintenance and operation thereof; and
WHEREAS,
upon the affirmative vote of the citizens in an election set to
consider this initiative, it is the desire of the City to readopt, extend, and broaden the use
of the sales and use tax for the purposes of constructing future park and recreation
systems and amenities, athletic facilities, library, gathering places, open spaces and other
related facilities as described above; and
WHEREAS,
the City Council after due consideration desires to conduct an
election on the uniform election date of November 5, 2013 to consider the continuation
and use of one half (1/2) of one percent sales and use tax to fund the uses described above
in the City of Coppell for a period of twenty-five (25) years.
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 5, 2013 to
consider one (1) proposition, to wit: the adoption and extension of use of one half (1/2) of
one percent sales and use tax for park systems, athletic facilities, library, gathering
places, open space and other related facilities, maintenance and operations and projects
related to be submitted to the qualified voters of the City of Coppell for approval or
disapproval at said election.
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 proposition 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 5, 2013. That the City
Manager is hereby authorized to execute Election Contracts with the Counties of Dallas
and Denton County Election Department for the conducting of said 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 City Hall, 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 21, 2013, through Friday, October 25, 2013,
8:00 a.m. - 5:00 p.m.; Saturday, October 26, 2013, 7:00 a.m. - 7:00 p.m.; Sunday,
October 27, 2013, 1:00 p.m. - 6:00 p.m.; and Monday, October 28, 2013 through Friday,
November 1, 2013, 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 25, 2013.
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 29, 2013.
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 5, 2013.
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
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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
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.
The proposition submitted herein contains only one subject, and
shall be prepared in a manner that the voters may vote “for” or “against” the propositions.
SECTION 12.
The ballot propositions for the proposed adoption of one-half of
one percent of sales and use tax are as follows:
Proposition 1
To reauthorize, reimpose, extend and adopt a sales and use tax at the rate of
one-half of one percent, as approved by the electorate on May 5, 1996, and as
authorized by Chapter 505, Type B Corporations, Texas Local Government
Code, to undertake projects for youth and adult amateur athletics,
entertainment and public gathering facilities and venues, exhibition and
museum facilities, public park purposes and events and park and recreational
facilities, open space improvements, hike and bike trails, parking facilities and
greenway and open space, including projects in support of the Coppell 2030
strategic vision adopted March 10, 2009, for the redevelopment of the
Andrew Brown park system, expansion of the library building for Type B
purposes, additional hike and bike trails, youth and adult athletic facilities and
Life Safety Park and related facilities, related infrastructure for any such
projects described above and other related improvements that enhance any of
the items described above, and the maintenance and operation expenses for
any of the above described projects, with such sales and use tax to be imposed
for a period of twenty-five (25) years.
SECTION 13.
Should the proposition, as set forth herein, not be approved by the
voters of the City, the existing Type B sales and use tax shall continue to be levied in
accordance with the May 4, 1996 election and ordinances adopted in conformance
therewith.
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SECTION 14. 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 15. 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 c '3
day of , 2013.
APPRO D:
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• REN SELBO H iNT, MAYOR
AT
HRISTEL PE T NOS, CITY SECR TARY
APPRO ! AS TO FORM:
• /
ROBERT E.HAGE V ITY ATTORNEY
(REH/mpm)
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