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HomeMy WebLinkAboutOrd 227 Calling a Sales and Use Tax Election 1.21.1995ORDINANCE NO. .227 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 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; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Board of Aldermen 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 4B of Article 5190.6, V.A.T.C.S., as amended. (the "Act"); and WHEREAS, the Town is an "eligible city" under the provisions of Section 4B of the Act, in that (i) the Town is located in a county with a population of 750,004 or more, according to the most recent federal decennial census and (ii) the combined rate of all sales and use taxes imposed by the Town, the State, and other political subdivisions with territory in the Town will not exceed 7.25 percent on the date of the election to be held pursuant to this ordinance; 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 21st day of January, 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 4B, Article 5190.6, Vernon's Texas Civil Statutes, as amended, to be applied as permitted by said. Section 4B, including but not limited to professional and amateur sports and athletics, tourist, entertainment, convention, and public park purposes and events, including stadiums, ball parks, auditoriums, amphitheaters, concert halls, learning centers, parks and park facilities, open space improvements, municipal buildings, museums, exhibition facilities, related store, restaurant, concession, and automobile parking facilties, related area transportation facilities, and related roads, streets, water and sewer Sales and Use Tax Election Ordinance Page Two (2) facilities, and any other related improvements that enhance any of these items?" 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 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 AN ADDITIONAL ONE-HALF CENT SALES AND USE TAY FOR PROFESSIONAL AND AMATEUR SPORTS AND ATHLETICS, TOURIST, ENTERTAINMENT, COIVVEI'3TION AND PUBLIC PARK PURPOSES, INCLUDING BUT NOT LIMI^lED TO, STADIUMS, BALL PARKS, AUDITORIUMS, AMPHITHEATERS, CONCERT HALLS, PARKS AND PARK FACILITIES, MUNICIPAL BUILDINGS, MUSEUMS, EXHIBITION FACILITIES, AND RELATED EQUIPMENT AND FACILITIES, UTILITIES, ROADS, AND AI�Tf OTHER RELATED FACILITIES." The Town Secretary shall make up the official election ballot. SECTION 4. That �f'.clo ���-� is hereby appointed presiding judge of said el ction, and is appointed as 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 Hail, 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 and V.T.C.A., 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. Sales and Use Tax Election Ordinance Page Three (3) SECTION 7. This ordinance shall be in force and effect from and after its passage on the date shown below. PASSED AND APPROVED on this 10th day of Octobe, 1994. SCOTT BRADLEY, MAYOR Town of Westlake, Texas ATTEST: Odessa Sharples, Town Secretary APPROVED AS TO FORM: Paul C. Isham., Town Attorney