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Home My WebLink AboutO-1395-1-96ORDINANCE NO. 1395-1-96 AN ORDINANCE calling an election to be held in the City of Allen, Texas, to submit a proposition on the question of the adoption of an additional sales and use tax under the provisions of Section 4B of the Industrial Development Corporation Act; making provision for the conduct of the election and resolving other -matters incident and related to such election. WHEREAS, the City Council of the City of Allen, Texas has determined that an election should be held for the purposes of submitting a proposition on the levy and collection of an additional sales and use tax within the city under the provisions of Sections 4B of Article 5190.6, V.A.T.C.S. (the "Act"); and WHEREAS, the City Council hereby finds and determines the City is an eligible city under the Act in that it is located in a county with a population of 500,000 or fewer according to the most recent federal decennial census, and if the proposition submitted at the election herein ordered is approved, the combined rate of all sales and use taxes imposed by the City and other political subdivisions of the state having territory in the City will not exceed two percent; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: An election shall be held on the 4th day of May, 1996 in the City of Allen, Texas, which date is not less than thirty (30) days from the date of the adoption hereof, and is a uniform election date pursuant to V.T.C.A. Election Code, Section 41.001, for the purpose of submitting the following measure: "SHALL the City Council of the City of Allen, Texas, be authorized to impose and adopt an additional one-half of one percent sales and use tax within the City for projects authorized by Section 4B, Article 5190.6, Vernon's Texas Civil Statutes, as amended, including the payment of maintenance and operating expenses of publicly owned and'operated projects?" . SECTION 2: A punch card electronic voting system shall be used in this election and for early voting by personal appearance and by mail, and each voter shall record his vote by punching a hole in a ballot which is to be counted by data processing machines. 0292681 Punch -card ballots and punch -card ballot labels 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 measures which shall appear on the ballot in substantially the following form: "THE ADOPTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT SALES AND USE TAX FOR PROJECTS AUTHORIZED BY SECTION 4B, ARTICLE 5190.6, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, INCLUDING THE PAYMENT OF MAINTENANCE AND OPERATING EXPENSES OF PUBLICLY OWNED AND OPERATED PROJECTS" The Central Counting Station for the tabulation and counting of ballots for this election shall be located at the Collin County Courthouse, 210 South McDonald Street, McKinney, Texas 75069, and the Manager, Tabulation Supervisor, Presiding Judge and Alternate Presiding Judge at the Central Counting Station shall be appointed and designated in accordance with the provisions of the election services contract with the Collin County Election Administrator. The Manager and Presiding Judge of the Central Counting Station may appoint clerks to serve at such Station, as provided by Section 127.006 of the Election Code. SECTION 3: The entire City shall constitute one election precinct for this election and the Allen Public Library, Two Allen Civic Plaza, Allen, Texas is hereby designated the polling place. The election officers for at said polling place shall be appointed in accordance with the provisions of an election services contract to be executed with the Collin County Elections Administrator. The Presiding Judge shall appoint not less than two (2) nor more than five (5) qualified clerks to serve and assist in holding said election; provided that, if the Presiding Judge herein appointed actually serves, the Alternate Presiding Judge shall be one of the clerks. On election day, the polls shall be open from 7:00 A.M. to 7:00 P.M. The Collin County Elections Administration Office, 314 South Chestnut Street, McKinney, Texas 75069, is hereby designated the main early voting place, and the early voting clerk and deputy clerks at such early voting place shall be appointed and designated in accordance with the election services contract with the Collin County Elections Administrator. A permanent branch office for early voting by personal appearance shall be maintained during the early voting period at the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Early voting for this election shall begin Monday, April 15, 1996 and end Tuesday, April 30, 1996, and shall be conducted O M681 -2- Ordinance 'No. 1395-1-96 during the hours to be determined by the Collin County Elections Administrator and provided at a later date. The regular hours as well as extended days and hours for early voting by personal appearance are to be identified in the Notice of Election (English and Spanish). For purposes of processing ballots cast in early voting, the election officers for the early voting ballot board for this election shall be appointed and designated in accordance with the provisions of the election services contract with the Collin County Election Administrator. SECTION 4: All resident qualified electors of the City shall be permitted to vote at said election. This election shall be held and conducted in accordance with the provisions of V.T.C.A., Election Code and V.T.C.A., Tax Code, Subchapter E of -- Chapter 321, and the Act and as may be required by law, all election materials and proceedings shall be printed in both English and Spanish. SECTION 5: A substantial copy of this ordinance shall serve as proper notice of said election. Said notice, including a Spanish translation thereof, shall be posted not later than the 21st day before the election on the bulletin board used for posting notices of meetings of the City Council and shall also be published at least once not earlier than the 30th day nor later than the 10th day before the election in a newspaper published and of general circulation in the City. PASSED AND APPROVED, this the 18th day of January, 1996. 1 Mayor, City of Allen, Texas ATTEST: ty cretary, City of llen, Texas (City Seal) 029M1 -3- Ordinance No. 1395-1-96 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1395-1-96 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on January 24 & January 27. 1996 and which was issued on January 24,1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publi ' n is attached hereto. SUBVRIBED AND JWORN to before me this days A.D. 19_f L__ V •� NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 3 0 . 2 6 =•w',*'- MY Go%,,dISSION EXPIRES ;= December 5,1996 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, January 18, 1996 (Title only): Ordinance No. 1395-1-96: An Or d mance o e --C, ty o en, oIIIn County, Texas, Calling an Election to be Held in the City of Allen, Texas, to submit a Proposition on the Question of the Adoption of an Additional Sales and Use Tax Under the Provisions of Section 413 of the Industrial Development Corporation Act; Making Provision for the Conduct of the Election and Resolving Other Matters Incident and Related to Such Election. A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Alien, Texas 75013. /s/Judy Morrison L City Secretary CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, January 18, 1996 (Title only): Ordinance No. 1395-1-96: An OrUi—na—nc—e--oT—the--Uity—o—F-ATFen—,-17ollin County, Texas, Calling an Election to be Held in the City of Allen, Texas, to submit a Proposition on the Question of the Adoption of an Additional Sales and Use Tax Under the Provisions of Section 4Y of the Industrial Development Corporation Act; Making Provision for the Conduct of the Election and Resolving Other Matters Incident and Related to Such Election. A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary