O-1306-12-94ORDINANCE NO. 1306-12-94
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, CALLING A SALES AND USE TAX ELECTION TO BE HELD
WITHIN THE CITY, MAKING PROVISIONS FOR THE CONDUCT THEREOF
AND OTHER PROVISIONS RELATING THERETO
THE STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ALLEN §
WHEREAS, pursuant to Section 4B, Article 5190.6, Vernon's Texas Civil Statutes, as
amended (the "Act") the City Council of the City of Allen, 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 an additional one-half cent 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 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;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS THAT:
Section 1. The statements made in the foregoing preamble 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 Allen, Texas, on Saturday, January 21, 1995, such date being a uniform election date as
defined in Section 41.001 of the V.T.C.A. Election Code, as amended (the "Code"). At the Election
the following proposition (the "Proposition") shall be submitted to a referendum vote of the qualified
voters of the City:
Proposition
The adoption of an additional sales and use tax within the City of Allen, Texas, at
the rate of one-half of one percent to be used for land, buildings, equipment,
facilities and improvements required or suitable for use for sports, athletic,
entertainment, tourist, convention, and public park purposes and events and the
promotion and development of new or expanded business enterprises as authorized
by Section 4B, Article 5190.6, V.T.C.S., as amended, (The Development Corporation
Act of 1979).
Section 2. All resident, qualified voters of the City shall be eligible to vote at the Election.
Section 3. The entire City shall constitute one election precinct. The polling place where
qualified voters shall cast special ballots for this special election shall be located at the Allen Public
Library, Two Allen Civic Plaza, Allen, Texas. Vicki Smith and Darlene Ballinger are hereby
appointed to serve as Presiding Judge and Alternate Presiding Judge, respectively, for the Flection.
The Presiding Judge shall appoint not less than two (2) qualified election clerks to serve and assist
in the conduct of the Election; provided, however, that if the Presiding Judge named herein actually
LG- 1113BF.587-6
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 4. The persons named herein are hereby designated and appointed 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. Election judges and clerks will be paid the
maximum statutory fee for their service in the Election.
Section 5. Early voting shall be conducted at the Allen Public Library, Two Allen Civic Plaza,
Allen, Texas 75002, in accordance with the provisions of Section 85.002 of the Code in that it is
impracticable for early voting to be held in the building that houses the early voting clerk. Early
voting in person shall be conducted by Margaret Miller as Deputy Early Voting Clerk.
Early voting for this election shall begin January 3, 1995 and end January 17, 1995 and the
hours designated for early voting by personal appearance shall be from 8:00 A.M. to 5:00 P.M. on
each weekday. Early voting hours will be extended to 7:00 P.M. on Thursday, January 12, 1995.
Additionally, early voting by personal appearance shall be conducted on Saturday, January 14, 1995,
between the hours of 10:00 A.M. and 4:00 P.M.
Section 6. Early voting by mail shall be conducted by the City Secretary 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: Judy Morrison, City Secretary's Office, City of Allen,
Texas, One Butler Circle, Allen, Texas 75002.
Section 7. The Early Ballot Board is hereby created and authorized to canvass the early votes
cast by mail and by personal appearance. Vicki Smith is hereby appointed to serve as Presiding Judge
and Darlene Ballinger is hereby appointed to serve as Alternate Presiding Judge of the Early Ballot
Board. The Presiding Judge shall appoint two (2) additional members of the Early Ballot Board
provided that in the event the Presiding Judge actually serves, the Alternate Presiding Judge shall be
one of such additional members.
Section 8. Voting shall be by the use of paper ballots. The preparation of the necessary
equipment and official ballots for the Election shall conform to the requirements of the Code.
Section 9. The Proposition shall be set forth substantially in the following form, so as to
permit the electors to vote "FOR" or "AGAINST' the Proposition, to -wit:
[ ] FOR THE ADOPTION OF AN ADDITIONAL
SALES AND USE TAX WITHIN THE CITY AT THE RATE
OF ONE-HALF OF ONE PERCENT FOR LAND, BUILDINGS,
EQUIPMENT, FACILITIES AND IMPROVEMENTS
REQUIRED OR SUITABLE FOR USE FOR SPORTS,
ATHLETIC, ENTERTAINMENT, TOURIST, CONVENTION,
AND PUBLIC PARK PURPOSES AND EVENTS AND THE
PROMOTION AND DEVELOPMENT OF NEW OR
EXPANDED BUSINESS ENTERPRISES, AS AUTHORIZED
BY SECTION 4B OF ARTICLE 5190.6, VERNON'S TEXAS
[ ] AGAINST CIVIL STATUTES, AS AMENDED.
Lc-11rsars87-6
Ordinance No. 1306-12-94
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Section 10. The election materials enumerated in the Texas Election Code shall be printed
and furnished in both English and Spanish for use at the voting places and for early voting.
Section 11. The election officers named herein 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 12. Substantial copies of this Ordinance in both English and Spanish shall serve as
proper 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 30th 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 13. This election shall be held and conducted in accordance with the provisions of
V.T.C.A., Election Code and Chapter 321 of V.T.C.A. Tax Code.
APPROVED AND PASSED on the 1st
of the City Council of the City of Allen, Texas.
ATTEST:
Juq Morri,4bfi, City Secretary
City of ALr;n, Texas
[SEAL]
LG-HBBF.587-6
day of December, 1994, at a regular meeting
oe Farmer, Mayor
City of Allen, Texas
Ordinance No. 1306-12-94
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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 #1306-12-94
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
December 7 & December 10. 1994
and which was issued on
December 7
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said pub' M is attached hereto.
SUBSCRIBED AN ORN to before me this
day A.D. 19
"°''�� , V. A. TODD
' `= MY COMMISSION EXPIRES OTARY PUBLIC in and for COLLIN COUNTY, TEXAS
December 5, 1996
20 .26
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,
December 1, 1994 (Title only):
Ordinance No 1306-12-94. An Ordi-
nance of the City of Allen, Collin County,
Texas, Calling a Sales and Use Tax Elec-
tion to be Held within the City, Making Pro-
visions for the Conduct Thereof and Other
Provisions Relating Thereto.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle. Texas
75002-2773.
s Judy Morrison
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,
December 1. 1994 (Title only) , -
Ordinance No 1306-12-94 An Ordi-
nance of the City of Allen. Collin County,
Texas. Calling a Sales and Use Tax Elec-
tion to be Held within the City. Making Pro-
visions for the Conduct Thereof and Other
Provisions Relating Thereto.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary. City of Allen, One Butler Circle, Texas
75002-2773
S' Judy Morrison
City Secretary