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HomeMy WebLinkAboutOrd 241 Calling an Election for sales and use tax under Section 4AORDINANCE NO. 241 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ORDERING AN ELECTION TO BE HELD IN THE TOWN OF WESTLAKE, TEXAS, TO SUBMIT A PROPOSITION ON THE QUESTION OF THE ADOPTION OF AN ADDITIONAL SALES AND USE TAIL UNDER THE PROVISIONS OF SECTION 4A OF THE INDUSTRIAL DEVELOPMENT CORPORATION ACT, AS AMENDED; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Board of Alderman of the Town of Westlake, Texas hereby finds 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 Town under the provisions of Section 4A of Article 5190.5, V.A.T.C.S., as amended (the "Act"); and WHEREAS, the Town is an "eligible city" under the provisions of Section 4A of the Act, in that (1) the Town has a population of fewer than 50,000 according to the most recent federal decennial census, (2) is located in two or more counties (Tarrant and Denton), one of which has a population of 500,000 or greater according to the most recent federal decennial census (Tarrant), (3) has not elected to become part of a metropolitan rapid transit authority, and (4) the combined sales and use taxes, including the tax to be adopted in this election, imposed by the Town and other political subdivisions of this State having territory in the Town shall not exceed two percent; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The preambles recited above are hereby incorporated as if fully set forth below. SECTION 2: An election shall be held on the 12th day of August, 1995 in the Town of Westlake, 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: PROPOSITION "Shall the Town of Westlake, Texas adopt an additional one- half cent (1/2) sales and use tax within the Town, pursuant to the provisions of Section 4A, Article 5190.6, Vernon's Texas Civil Statutes, as amended, for the promotion and development of new and expanded business enterprises?" SECTION 3: Paper ballots shall be used in this election and for early voting by personal appearance and by mail and each voter shall record his vote by placing an "X" in the appropriate box on Sales and Use Tax Election Page Two (2) the ballot. 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 aforesaid measure which shall appear on the ballot substantially as follows: PROPOSITION "THE ADOPTION OF A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AT THE RATE OF ONE-HALF OF ONE PERCENT." The Town Secretary shall make up the official election ballot. SECTION 4: That Gerry White is hereby appointed presiding judge of said election, and Vonnie Carpenter is appointed the alternate, and the said presiding judge shall appoint such assistants as may be necessary to properly conduct said election, as provided by the Election Code. Absentee voting shall be conducted at City Hall, 3 Village Circle, Suite 207, Solana, Westlake, Texas in accordance with the provisions of the Election Code. On election day, the polls shall be open from 7:00 A.M. to 7:00 P.M. Voting on election day shall be conducted at City Hall, 3 Village Circle, Suite 207, Solana, Westlake, Texas. SECTION 5: All resident qualified electors of the Town of Westlake 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, Tax Code, Subchapter E of Chapter 321, and the Act as may be required by law. SECTION 6: A substantial copy of this ordinance shall serve as proper notice of said election. Said notice shall be posted not later than the 21st day before the election at City Hall and shall also be published at least once before the election in a newspaper published and of general circulation in the City. SECTION 7: This ordinance shall be in force and effect from and after its date of passage shown below. PASSED AND APPROVED ON THIS 8TH DAY OF MAY, 1995. SCOTT BRADLEY, MAYO Sales and Use Tax Election Ordinance Page Three (3) ATTEST: dessa Sharples , Town Secretary APPROVED AS TO FORM: aul C. Isham, Town Attorney