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HomeMy WebLinkAboutORD 2006-052 ORDINANCE NO. 2006-52 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, CALLING A SALES AND USE TAX ELECTION TO BE HELD WITHIN THE CITY ON NOVEMBER 7, 2006, TO SUBMIT A PROPOSITION ON THE QUESTION OF THE ADOPTION OF A SALES AND USE TAX UNDER THE PROVISIONS OF SECTION 4B OF THE DEVELOPMENT CORPORATION ACT OF 1979 (ART. 5190.6, V.T.C.S.); MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND PROVIDING FOR OTHER MATTERS RELATED THERETO; PROVIDING A CUMULATIVE CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Article 5190.6, the Development Corporation Act of 1979, Section 4B, Vernon's Texas Civil Statutes, as amended (the "Act"), the City Council of the City of Grapevine, Texas (the "City"), is authorized, and hereby finds and determines that it is appropriate, advisable, and in the best interests of the citizens of the City to call and hold an election in the City for the purpose of submitting a proposition pertaining to the levy and collection of a one half of one percent sales and use tax within the City for the purposes hereinafter set forth; and WHEREAS, the City Council finds and declares that the meeting at which this ordinance is considered is to be open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, all of the project types and costs enumerated on the ballot included herewith constitute legally permissible uses under the Act; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the purpose of this ordinance is to promote the public health, safety, and general welfare of the citizens of the City of Grapevine. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the statements made in the foregoing premises being true and correct and being adopted hereby as findings of fact, an election (the "Election") shall be held in and throughout the City of Grapevine, Texas, on Tuesday, November 7, 2006, such date being a uniform election date as defined in Section 41.001 of the Texas Election Code, as amended (the "Code"). At the Election the form of proposition set forth in Section 9 hereof shall be submitted to a vote of the qualified voters of the City. Section 3. That all resident, qualified voters of the City shall be eligible to vote at the Election. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, Chapter 321, Subchapter E, of the Texas Tax Code, and Section 4B of the Act, and as may be required by law, all election materials and proceedings shall be printed in both English and Spanish. Section 4. That the City shall utilize Tarrant County's election precincts. The polling locations where qualified voters shall cast ballots for this special election are listed on the attached Exhibit "A". The presiding judge and alternate judge will be appointed by Tarrant County for the election. Each presiding judge shall appoint not less than two (2) qualified election clerks to serve and assist in the respective precincts to conduct of the election; provided, however, that if the presiding judge actually serves as expected, the alternate presiding judge shall be one of such clerks. The voting places shall be open from 7:00 a.m. to 7:00 p.m. on the date of the election. Section 5. That persons shall be designated as officers to conduct the Election until any replacements thereto are appointed by further order of the City or by appointment pursuant to Section 32.007 of the Code. Pursuant to Section 32.091 of the Code, any compensation for services rendered by such appointed officers shall be at the statutory rate. Section 6. That early voting by personal appearance for this election shall begin on October 23, 2006, and shall terminate on November 3, 2006. The hours designated for early voting by personal appearance shall be October 23 — 27, Monday— Friday from 8:00 a.m. to 5:00 p.m.; Saturday, October 28 from 7:00 a.m. to 7:00 p.m.; Sunday, October 29 from 11:00 a.m. to 4:00 p.m. and Monday — Friday, October 30 — November 3 from 7:00 a.m. to 7:00 p.m. Early voting by personal appearance will be conducted at the Grapevine Community Activities Center, 1175 Municipal Way, Grapevine, Texas 76051, and at any of Tarrant County's early voting locations. Section 7. That early voting by mail shall be conducted by Tarrant County Elections Administrator Steve Raborn as Early Voting Clerk in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be requested from and sent to: Mr. Steve Raborn, Early Voting Clerk, P. O. Box 961011, Fort Worth, Texas 76161-0011. ORD. NO. 2006-52 2 Section 8. That the Early Voting Ballot Board is hereby created and authorized to canvass the early votes cast by mail and by personal appearance. Tarrant County is hereby authorized to appoint the presiding judge and alternate presiding judge of the Early Voting Ballot Board. The presiding judge shall appoint two (2) additional members of the Early Voting Ballot Board provided that in the event the presiding judge actually serves, the alternate presiding judge shall be one of such additional members. Section 9. That voting shall be by the use of DRE equipment prepared and provided by Tarrant County. The preparation of the necessary equipment and official ballots for the election shall conform to the requirements of the Code. The ballots shall be prepared in accordance with the applicable provisions of the Election Code so the voters may cast their ballots either "FOR" or "AGAINST" the aforesaid measure which shall appear on the ballot substantially as follows: (REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) ORD. NO. 2006-52 3 THE ADOPTION OF A SECTION 4B SALES AND USE TAX WITHIN THE CITY OF GRAPEVINE, TEXAS AT THE RATE OF ONE-HALF OF ONE FOR PERCENT TO UNDERTAKE PROJECTS AS DESCRIBED IN SECTION 4B OF ARTICLE 5190.6, V.T.C.S., AS AMENDED (THE DEVELOPMENT CORPORATION ACT OF 1979), INCLUDING BUT NOT LIMITED TO PROJECTS FOR THE PROMOTION OF PROFESSIONAL AND AMATEUR (INCLUDING CHILDREN'S) ATHLETICS AND SPORTS INCLUDING STADIUMS, BALL PARKS, AGAINST 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, EDUCATIONAL FACILITIES AND FACILITIES FOR USE BY INSTITUTIONS OF HIGHER EDUCATION, MUSEUMS AND RELATED STORES, RESTAURANT, CONCESSION AND AUTOMOBILE PARKING FACILITIES AND RELATED ROADS, STREETS AND WATER AND SEWER FACILITIES, RECYCLING FACILITIES AND PROJECTS TO PROMOTE NEW OR EXPANDED BUSINESS ENTERPRISES, TRANSPORTATION AND MASS COMMUTING PROJECTS AND FACILITIES, JOB TRAINING FACILITIES AND PUBLIC SAFETY FACILITIES, STREETS AND ROADS, DRAINAGE AND RELATED IMPROVEMENTS, DEMOLITION OF EXISTING STRUCTURES AND GENERAL IMPROVEMENTS THAT ARE MUNICIPALLY OWNED AND ANY OTHER IMPROVEMENTS OR FACILITIES THAT ARE RELATED TO ANY OF THE ABOVE PROJECTS AND ANY OTHER PROJECT THAT THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION ESTABLISHED FOR SUCH PURPOSE DETERMINES WILL PROMOTE NEW OR EXPANDED BUSINESS ENTERPRISES AND THE MAINTENANCE AND OPERATIONS EXPENSES FOR ANY OF THE ABOVE-DESCRIBED PROJECTS. ORD. NO. 2006-52 4 Section 10. That The election officers named by Tarrant County shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 11. That substantial copies of this ordinance in both English and Spanish shall serve as notice of the Election, and said notice shall be (a) published once in a newspaper of general circulation within the City not earlier than the 45th day, or later than the 10th day before the Election; and (b) posted not later than the 21st day before the Election on the bulletin board used for posting notices of meetings of the City Council of the City. Section 12. That this ordinance shall be cumulative of all provisions of ordinances of the City of Grapevine, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 13. That it is hereby declared to be the intent of the City of Grapevine, that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 14. That the City Secretary of the City of Grapevine is hereby directed to publish the caption and effective date of this ordinance as required by the City Charter and Section 52.013 of the Texas Local Government Code. Section 15. That the City Secretary of the City of Grapevine is hereby directed to engross and enroll this ordinance by copying the exact caption and effective date in the minutes of the City Council and by filing this ordinance in the ordinance records of the City. Section 16. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of August, 2006. ORD. NO. 2006-52 5 APPROVED: rte ' William D. Tate Mayor ATTEST: 3/16 Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2006-52 6 EXHIBIT "A" TO ORD. NO. 2006-52 PAGE 1 OF 1 UNOFFICIAL Possible Election Day Polling Locations for General Election — November 7, 2006 (as of 6/05/06) Precincts in the City of Grapevine Precincts at Location Election Day Polling Location 3038,3469 Timberline Elementary School World of Learning, 3100 3220 Timberline Drive Timberline Dr., is normal Grapevine, Texas 76051 site, not available in '05. 3039 Lonesome Dove Baptist Church 2380 Lonesome Dove Avenue Southlake, Texas 76092 3114 Grapevine Community Activities Center 1175 Municipal Way Grapevine, Texas 76051 3336,3457-nv Metroplex Chapel Precinct 3336 not in 601 East Airport Freeway Grapevine. Euless, Texas 76039 3361,3321 St. Francis Catholic Church 861 Wildwood Lane Grapevine, Texas 76051 3396,3566-nv Grapevine Elementary School 1801 Hall-Johnson Road Grapevine, Texas 76051 3470,3559 Christ Our King Church 2221 East Southlake Boulevard Southlake, Texas 76092 3530,3385 Heritage Elementary School 4500 Heritage Avenue Grapevine, Texas 76051 3542,3035,3384 Grapevine Church of Christ 525 Park Boulevard North Grapevine, Texas 76051