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HomeMy WebLinkAboutOrdinance - 9567-1992 - Special Election To Be Help On 1-16-1993 - 12/10/1992First Reading December 10, 1992 Item 1132 Second Reading December 16, 1992 Item f/3 ORDINANCE NO. 9567 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 16, 1993, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF AN ADDITIONAL ONE- HALF OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY TO BE USED FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES (DEPARTMENT OF DEFENSE FINANCE AND ACCOUNTING SERVICE CENTER); MAKING PROVISION FOR THE CONDUCT OF SUCH ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING FOR EXECUTION OF AN APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PURPOSE HEREOF. WHEREAS, it has been learned that the City of Lubbock has qualified for the "short list" for location of a major U. S. Department of Defense records center operation; and WHEREAS, the project offered by the U.S. Department of Defense would be of such size that the City must seek the approval of the voters for a one-half of one percent sales and use tax for implementation; and WHEREAS, if such project is developed, it is estimated that it will produce a payroll of $140,000,000.00 per year; and WHEREAS, such project, if developed, would create 4,000 jobs for Lubbock citizens; and WHEREAS, the City Council recognizes the possibility that the City of Lubbock may not finally be selected for such project; and WHEREAS, the City Council of the City of Lubbock has determined that in view of the possibility that such project may not be finally approved by the Department of Defense for the City of Lubbock, the By-Laws of the Corporation created to administer the tax funds received from such additional sales and use tax shall be written to require approval of any project to be made by two- thirds vote of the City Council following a public hearing with at least ten days prior published public notice in a newspaper of general circulation in the City of Lubbock; and WHEREAS, the City Council deems the calling of this election to be necessary to secure economic development for the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT a special election be held on the 16th day of January, 1993, which date is the next succeeding uniform election date not less than 30 days after passage of this Ordinance. Said election shall be held to determine whether an additional one-half of one percent sales and use tax should be imposed within the City of Lubbock for the promotion and development of new and expanded business enterprises pursuant to Section 4A of Article 5190.6, V.A.C.S. SECTION 2. THAT an electronic voting system shall be used in this elec- tion, including early voting. Ballots shall be prepared in accordance with the applicable provisions of the Election Code so that voters may cast their ballots either "FOR" or "AGAINST" the measure, which shall appear on the ballot substantially as follows: FOR: AGAINST: --- PROPOSITION "THE ADOPTION OF A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTER- PRISES AT THE RATE OF ONE-HALF OF ONE PERCENT." SECTION 3. THAT the election shall be held at the polling places set forth in an appropriate election order issued by the Mayor hereafter and all persons qualified to vote in said City under the election laws of the State of Texas shall be allowed to vote therein. Said special election shall be held and the polling places shall be open from 7:00 A.M. to 7:00 P.M. and all elec- tors shall vote in the precinct of their residence unless otherwise provided in the election order. The sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code shall be used for this election. SECTION 4. THAT notice of this election shall be published in a newspaper of general circulation published in the City of Lubbock by publication of this Ordinance in its entirety at least once not earlier than the 30th day or later than the 10th day before election day. In addition, notice of the election shall be posted as required by the Texas Election Code. - 2 - SECTION 5. THAT early voting shall commence on the 28th day of December, 1992, and be conducted at the office of the City Secretary on week- days, other than City holidays, during the regular hours of business of the office of the City Secretary, which are from 8:00 A.M. to 5:00 P.M., and at a branch early voting place at the South Plains Mall, 6002 Slide Road, on week- days, other than City holidays, from 10:00 A.M. to 6:00 P.M. Both early voting locations shall be open for voting on the last Saturday of the early voting period from 10:00 A.M. to 6:00 P.M. AND IT IS SO ORDERED. Passed by City Council on first reading this __ l_Ot_h __ day of December, 1992. Passed by City Council on second reading this 16th day of December, 1992. ATTEST: ~1},~.~ty Secre DGV:ja/SALESTX2.0RD DZ-Agenda/December 3, 1992 ~~~ - 3 - THE STATE OF TEXAS COUNTY OF LUBBOCK C ITV OF LUBBOCK ORDER AND NOTICE OF SPECIAL CITY ELECTION § § § ELECTION ORDER I, DAVID R. LANGSTON, Mayor of the City of Lubbock, Texas, by virtue of the authority vested in me by law, and according to the Charter of the City of Lubbock, the Texas Election Code, the Texas Tax Code, the Texas Local Govern- ment Code, Article 5190.6 of Vernon's Annotated Civil Statutes, the Lubbock City Charter and City Ordinance, hereby order a Special Election to determine whether an additional one-half of one percent sales and use tax within the City to be used for the promotion and development of new and expanded business enterprises (Department of Defense Finance and Accounting Service Center) to be held in the City of Lubbock, Texas, on the 16th day of January, such day being the next succeeding uniform election date not less than thirty (30) days after the passage of the Ordinance calling this Special Election. An electronic voting system shall be used in this election, including early voting. Ballots shall be prepared in accordance with the applicable provisions of the Election Code so that voters may cast their ballots either "FOR" or "AGAINST" the measure, which shall appear on the ballot substantially as follows: FOR: AGAINST: --- PROPOSITION "THE ADOPTION OF A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTER- PRISES AT THE RATE OF ONE-HALF OF ONE PERCENT." Said Special Election shall be held at the places in the City of Lubbock hereinafter designated as the voting precincts and voting places on Exhibit "A" hereto, which Exhibit "A" shall be made a part hereof for all intents and purposes. Polling places shall be open from 7:00 A.M. to 7:00 P.M. and all electors shall vote in the precinct of their residence unless such precinct shall be consolidated with another precinct as provided herein in Exhibit "A." The persons set forth in Exhibit "B," which is attached hereto and made a part hereof for a 11 intents and purposes, are hereby appointed Judges and Alternate Judges to hold said Special Election on January 16, 1992. Each Presiding Judge so named is authorized to appoint the number of clerks authorized by the Election Administrator, which number shall not be less than two (2) clerks nor more than six (6) clerks. The Alternate Judges shall serve as Presiding Judges in the event that the regularly appointed Presiding Judge is unable to serve. The Alternate Judge shall be appointed by the Presiding Judge to serve as a clerk in· the event that the election is conducted by the regularly appointed Presiding Judge. Early voting shall commence on the 28th day of December, 1992, and shall be conducted at the office of the City Secretary on weekdays, other than City holidays, during the regular hours of business of the office of the City Secretary, which are from 8:00 A.M to 5:00 P.M., and at a branch polling place at the South Pl a ins Ma 11 , 6002 Sl i de Road, on weekdays, other than City holidays, from 10:00 A.M. to 6:00 P.M. Both early voting locations shall be open for voting on the last Saturday of the early voting period from 10:00 A.M. to 6:00 P.M. The sealed 'ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. ELECTION NOTICE The City Secretary of the City of Lubbock 1s hereby ordered to cause publication of this Special Election by publication of this Order and Notice of Special City Election in a newspaper of general circulation published in the City of Lubbock at least once not earlier than the 30th day or later than the 10th day before election day. In addition, notice of this election shall be posted as required by the Texas Election Code. The City Secretary shall serve a duly certified copy of this Election Order and Notice upon each of the Presiding Judges named in Exhibit 11 811 hereto not 1 ater than the seventh day after the signing of this Election Order and Notice of Special Election or the 15th day before the election, whichever is later. SIGNED AND EXECUTED in the M nicipal Bu 16th day of December , 1992. ATTEST:· So-.~OfdL sa~i~t1bbe, Acting City Secretary APPROVED AS TO FORM: DGV:Js/ELECORDR.DOC D2-Agenda/December 14, 1992 - 2 - WRITTEN ORDER OF SUNDAY VOTING In add.ition to those hours of Saturday voting heretofore ordered by the Order and Notice of Special Election executed on December 16, 1992, I, Sally Still Abbe, Early Voting Clerk, hereby order early voting by personal appearance to be conducted on Sunday, January 10, 1993, at the office of the City Secretary, 1625 13th Street, and at the branch early voting place at the South Plains Mall, 6002 Slide Road, during the hours of 1:00 P.M. to 6:00 P.M. ..r~ SIGNED in the Municipal Building at Lubbock, Texas, this 4 - day of January, 1993. S~i~.0-IJ{k_ Early Voting Clerk EXHIBIT A SUPPLEMENTAL ORDER AND NOTICE OF SPECIAL CITY ELECTION WHEREAS, it is of the utmost importance that all citizens be provided with maximum opportunity to exercise their right to vote in the upcoming Special City Election; and WHEREAS, it would be beneficial to extend the days and hours of early voting to include early voting on Sunday, January 10, 1993, during the hours of 1:00 P.M. to 6:00 P.M. at both the South Plains Mall and the office of the City Secretary; NOW THEREFORE: SUPPLEMENTAL ELECTION ORDER In addition to the days and hours of early voting heretofore provided for by Election Order issued December 16, 1992, it is hereby ordered that early voting by personal appearance shall be conducted at the office of the City Secretary at 1625 13th Street and at the branch polling place at the South Plains Mall at 6002 Slide Road on Sunday, January 10, 1993, during the hours of 1:00 P.M. to 6:00 P.M. SUPPLEMENTAL ELECTION NOTICE The City Secretary of the City of Lubbock is hereby ordered to cause publication of this Supplemental Order and Notice of Special Election in a newspaper of general circulation published in the City of Lubbock at least once not later than 72 hours before early voting on Sunday, January 10, 1993. In addition, notice of this Supplemental Order and Notice shall be posted as required by the Texas Election Code at least 72 hours before early voting on Sunday, January 10, 1993. The City Secretary shall serve a duly certified copy of this Supplemental Order and Notice of Special City Election upon all affected election officials not later than 72 hours before early voting on Sunday, January 10, 1993. A copy of the written order of the Early Voting Clerk is attached hereto as Exhibit A. Sl~ED AND EXECUTED in this '+ -day of January, ~~~ sayt1 Abbe, Acting City Secretary n-1.i.:,;2 STATE OF TEXAS 'ITY OF LUBBOCK 't! me ,nany:-a:p!~!•!~t:• ~J:V?"'tt 5r-::A~-----: Notary Public In and~ Lub Corporation blishe ,YUII• Ace ynt M!IOl"Ct or bodtCounty,Tezasonlhlsday , did depose'.':t I• rs or lhe Lubbock Malanche-Journal -Momin or the Southwestern Newspa- lhe Ont Insertion J :::;;1 uidl newspaper has been published conlinu~I;~ Sundaylh, who being by me duly e 1" I Ila t • • r more an fifly-lwo weeks pri- :py::or;lhe~--:,-,-,.-:-a-:-l--:-N-'o-•-.-1-,-,-....No. 100 48ii!c at l..ubbodt County Tex ncl '~i";-"~m:i;~ ~ r~•tr!~lhdates: :, , u :: ,U: ;;,P; 0! ~"!;"ginal ~nd ,..: ~in~~~,~~~=~ W?' /~;..\:,!~~~J6URNAL My ~ICln Md 111< .. Slateol Teaff Exs,irn .................. __ _ ,estern Newspaper Corporation ibed and sworn lo before me !his C :t;. ·• ,t: