HomeMy WebLinkAboutORD 2005-12 - ElectionORDINANCE NO. `2 0 tri `f " I
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ORDERING A SPECIAL ELECTION TO
BE HELD IN CONJUNCTION WITH THE GENERAL ELECTION
ON MAY 79 2005 FOR THE PURPOSES OF SEEKING VOTER
RESPONSE TO A PROPOSITION RELATING TO THE
ADOPTION OF A SALES AND USE TAX UNDER SECTION 4A
OF THE DEVELOPMENT CORPORATION ACT OF 1979
(VERNON'S TEX. REV. CIV. STAT. ANN, ART. 5190.69 § 4A
(VERNON'S AND VERNON'S SUPP. 2004)) TO BE USED FOR
THE PROMOTION AND DEVELOPMENT OF NEW AND
EXPANDED BUSINESS ENTERPRISES AND THE REDUCTION
OF THE PROPERTY TAX RATE; AND TO PROPOSITIONS
RELATING TO AUTHORIZING EXPENDITURE OF SUCH TAX
PROCEEDS FOR PURPOSES AUTHORIZED BY § 4B OF THE
ACT FOR PUBLIC PARK PURPOSES AND EVENTS, PARKS
AND PARK FACILITIES, AND OPEN SPACE IMPROVEMENTS,
FOR AFFORDABLE HOUSING; AND FOR PROJECT COSTS
FOR STREETS, ROADS, DRAINAGE AND OTHER RELATED
TRANSPORTATION SYSTEM IMPROVEMENTS, INCLUDING
THE PAYMENT OF MAINTENANCE AND OPERATING
EXPENSES; PROVIDING FOR THE CITY TO CONTRACT
WITH THE WILLIAMSON COUNTY ELECTIONS
ADMINISTRATOR TO CONDUCT SAID ELECTION, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes the need to promote new and expanded
industrial and manufacturing activities within the City of Georgetown consistent with the
provisions of the Development Corporation Act of 1979, Sections 4A and 413 (the "Act");
and
WHEREAS, the collection of sales tax for economic development is one of the
most popular and effective tools used by cities to promote economic development; and
WHEREAS, the City Council recognizes a reduction in the property tax rate
would provide its citizens with property tax relief and benefit the community as a whole,
and such use of the sales tax is authorized by Section 4A(p) of the Act and Section
321.101(b) of the Texas Tax Code;
WHEREAS, the City Council further recognizes that funding public parks and
related open space improvements benefits the community as a whole, and is authorized
by Sections 4A(s) and 4B(a)(2)(A) of the Act; and
Ordinance No. 20 0 . F'L.
Election for Sec. 4A Sales Tax
May 7, 2005
Page 1 of 7 Pages
WHEREAS, the City Council also recognizes funding developing and expanding
affordable housing for its citizens benefits the community as a whole, and is authorized
by Sections 4A(s) and 4B(a)(2)(C) of the Act; and
WHEREAS, the City Council also recognizes funding transportation and related
infrastructure as authorized by the Act benefits the community as a whole, and is
authorized by Sections 4A(s) and 4B of the Act; and
WHEREAS, the proceeds of sales and use taxes collected under Section 4A of
the Development Corporation Act of 1979 (as amended) primarily promote new and
expanded industrial and manufacturing activities but can also be utilized to reduce the
property tax rate and to provide funding for projects under Section 4B of the
Development Corporation Act of 1979 (as amended) such as funding public parks and
related open space improvements, developing and expanding affordable housing; funding
certain transportation related infrastructure improvements; and
WHEREAS, the City of Georgetown is eligible to adopt a Section 4A sales and
use tax, with voter approval, because the new combined local sales tax rate would not
exceed two percent (2%) and, according to the 2000 U.S. Census, Georgetown is located
in a county with a population of under 500,000; and
WHEREAS, the Georgetown City Council has determined that the propositions
should be put to the voters of the City of Georgetown as stated herein; and
WHEREAS, the City Council has determined that the ordering of this special
election is in conformance with the Texas Election Code and the application portions of
the Texas Tax Code; and
WHEREAS, a notice will be given and a public hearing held before the election
on whether to use sales tax revenues collected under Section 4A of the Act for the two
specific purposes that qualify under Section 4B of the Act, as required by Section
4A(s)(3) of the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS THAT:
SECTION 1. VERIFICATION OF FACTS. The facts and recitations contained in the
preamble of this ordinance are hereby found and declared to be true and correct, and are
incorporated by reference herein and expressly made a part hereof, as if copied verbatim.
SECTION 2. CONFORMANCE WITH CENTURY PLAN. The City Council hereby
finds that this ordinance implements the following Century Plan Elements:
Ordinance No. "Z-0, 0 �'' 1 Z",
Election
-
Election for Sec. 4A Sales Tax
May 7, 2005
Page 2 of 7 Pages
Policy Statement 1 Citizens of Georgetown experience a stable, self-sustaining
economy with expanding job opportunities.
Policy Statement 6 All citizens have access to safe and adequate housing
opportunities.
Policy Statement 9 Parks, open space, recreation facilities and services, and
social and cultural activities contribute to an enhanced
quality of life for the citizens of Georgetown.
The City Council further finds that the enactment of this ordinance is not inconsistent or
in conflict with any other Century Plan Policies, as required by section 2.03 of the
Administrative Chapter of the Policy Plan.
SECTION 3. CONDUCT OF ELECTION. After approval of this ordinance, the City
Council will retain the services of the Williamson County Elections Administrator, to
conduct the City of Georgetown Special Election in conjunction with the May 7, 2005
City and County General Election. (The May 7, 2005 General Election was ordered by
separate Resolution of the City Council.) A copy of the Election Services Contract is
attached hereto as Exhibit "A. "
SECTION 4. EARLY VOTING. John Willingham, Williamson County Elections
Administrator, is hereby appointed as Clerk for Early Voting.
Early voting by personal appearance shall take place at the Lobby of the City of
Georgetown Municipal Court/Council Chamber, 101 E. 7th St., Georgetown, Texas, and
Branch Early Voting by personal appearance will take place at the Georgetown
Independent School District Administration Building, 603 Lakeway Drive, Georgetown,
Texas. Each location will remain open during normal business hours (8:00 a.m. to 5:00
P.M.) each day specified for early voting, which is not a Saturday, a Sunday, or an official
state holiday, beginning on the 17th day preceding the date of the election, which is
Wednesday, April 20, 2005, and ending on the fourth day before Election Day, which is
Tuesday, May 3, 2005.
Early voting shall also be conducted on Saturday, April 23, 2005, from 9:00 a.m. to 1:00
p.m., on Sunday, April 24, from 1:00 p.m. to 5:00 p.m., on Saturday, April 30, 2005, from
9:00 a.m. to 1:00 p.m., and on Sunday, May 1, from 1:00 p.m. to 5:00 p.m. at the Main Early
Voting Location at the Lobby of the City of Georgetown Municipal Court/Council Chamber,
101 E. 7th Street, and at the Branch Early Voting Location at the GISD Administration
Building, 603 Lakeway Drive, Georgetown, Texas.
In the event of a Runoff Election, early voting by personal appearance shall take place at
the Main Early Voting Location at the Lobby of the City of Georgetown Municipal
Court/Council Chamber, 101 E. 7th Street, and at the Branch Early Voting Location at the
GISD Administration Building, 603 Lakeway Drive beginning Wednesday, May 25,
2005, through Tuesday, May 31, 2005, excluding Monday, May 30, 2005, which is a
Ordinance No. r 00 e5.iz. -
Election for Sec. 4A Sales Tax
May 7, 2005
Page 3 of 7 Pages
holiday for Memorial Day. Each location will remain open during normal business hours
(8:00 a.m. to 5:00 p.m.) each week day specified for early voting, and on Saturday, May
28, from 9:00 a.m. to 1:00 p.m., and on Sunday, May 29, from 1:00 p.m. to 5:00 p.m.
Applications for ballot by mail shall be mailed to:
Williamson County Elections Administrator
P.O. Box 209
Georgetown, Texas 78627-0209
SECTION 5. ELECTION DAY VOTING. Election day voting shall take place at the
Lobby of the Municipal Court/Council Chamber, 101 E. 7th Street for voters in County
Voting Precincts 142, 168, 314, 357, 367, and 370; the Georgetown Post Office, 2300
Scenic Drive for voters in County Voting Precincts 343, 345, and 369; the Georgetown
Independent School District Administration Building, 603 Lakeway Drive for voters in
County Voting Precincts 301, 302, 305, 332, 371, and 379; and the Sun City Fitness
Center, 2 Texas Drive, Building C for voters in County Voting Precincts 381 and 310.
In the event
of
a Runoff Election on June 4,
2005, the same
election
day voting
locations
will be used
as
stated in the above paragraph
for the General
Election
on May 7,
2005,
SECTION 6. ELECTION JUDGES, CLERKS, AND EARLY VOTING BALLOT
BOARD. The City Council shall appoint the election judges in accordance with state
law. Each of the respective presiding judges is hereby authorized to appoint the
necessary election clerks (not less than two and not more than six) to assist in conducting
the election. However, if the Presiding Judge appointed actually serves, the Alternate
Presiding Judge shall serve as one of the clerks. In the absence of the Presiding Judge
named above, the Alternate Presiding Judge shall perform the duties of the Presiding
Judge.
An early voting ballot board will be created to process early voting results. The Presiding
Judge shall appoint not less than two or more than five resident qualified electors of the
City to serve as members of the Early Voting Ballot Board,
SECTION 7. PROPOSITIONS AND BALLOT. Pursuant to Section 4A of the Act,
this election shall be held to determine voter approval for the adoption of additional sales
and use tax as set forth herein. Further, pursuant to Sections 4A and 4B of the Act, this
election shall be held to determine citizen approval for the expenditure of said 4A sales
and use tax proceeds to fund two types of 4B projects: to fund public park purposes and
events; parks and park facilities; and open space improvements, including other related
improvements necessary therefore and the payment of maintenance and operating costs,
Ordinance No. 2 00S
Election for Sec. 4A Sales Tax
May 7, 2005
Page 4 of 7 Pages
if any; and to develop and expand affordable housing and any maintenance and operating
costs.
The official ballots for the election shall be prepared in accordance with the Act and the
Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the
following PROPOSITIONS, with the ballots to contain such provisions, markings, and
language as required by law, and with such PROPOSITIONS to be expressed as follows:
PROPOSITION NO. 1
The adoption of a sales and use tax within the city for
the promotion and development of new and expanded
business enterprises at the rate of one-eighth of one
percent and the adoption of an additional sales and use
tax within the city at a rate of one-eighth of one percent
to be used to reduce the property tax rate, as authorized
by Section 4A of the Development Corporation Act of
1979, as amended (Article 5190.6 Vernon's Tex. Rev.
Civ. Stan. Ann.).
FOR
Rl7,j 1►1.`11
PROPOSITION NO.2
The use of the sales and use tax proceeds authorized
under Proposition No. 1 and 4A(s) and 413(a)(2)(A) of
the Development Corporation Act of 1979, as amended
(Article 5190.6 Vernon's Tex. Rev. Civ. Stan. Ann.) to
fund public park purposes and events, parks and park
facilities; and open space improvements, including
other related improvements necessary therefor and the
payment of maintenance and operating costs, if any.
FOR
AGAINST
PROPOSITION NO.3
The use of the sales and use tax proceeds authorized
under Proposition 1 and Sections 4A(s) and 411(a)(2)(C)
of the Development Corporation Act of 1979, as
amended (Article 5190.6 Vernon's Tex. Rev. Civ. Stan.
Ann.) to develop and expand affordable housing,
including other related improvements necessary
Ordinance No. Z U 0 cTv 12,
Election for Sec. 4A Sales Tax
May 7, 2005
Page 5 of 7 Pages
therefor and the payment of maintenance and operating
costs, if any.
FOR AGAINST
PROPOSITION 4
The use of the sales and use tax proceeds authorized
under Proposition 1 and Sections 4A(s) and 4(13)(a) of
the Development Corporation Act of 1979, as amended
(Article 5190.6 Vernon's Tex. Rev. Civ. Stat. Ann.) for
project costs for streets, roads, drainage, and other
related transportation system improvements, including
the payment of maintenance and operating expenses
associated with such authorized projects.
FOR AGAINST
The notice of election and ballot materials will be furnished to voters in both English and
Spanish and published in accordance with state law.
SECTION 8. PUBLIC HEARING. In accordance with Section 4A of the Act, a public
hearing is hereby will be held before Election Day to inform the residents of the City of
the cost and impact of the projects submitted in Propositions Nos. 2 and 3 and 4. Notice
of the public hearing setting for the date, time and place of the hearing shall be published
in a newspaper of general circulation in the Williamson County SUN on a weekly basis
until the date of the hearing, with the first publication being made at least thirty (30) days
prior to the date of the hearing.
SECTION 9. VOTING DEVICES. Voting shall be conducted with optical scan ballots
prepared in conformity with the Texas Election Code. The City may also utilize a central
counting station as provided by Section 127.000 et seq., as amended, Texas Election
Code, and the Williamson County Voter Registrar is designated the manager of such
station.
SECTION 10. RESULTS. The Williamson County Voter Registrar shall conduct an
unofficial tabulation of results after the closing of the polls of the Special Election on
May 7, 2005. The official canvass and tabulation of the results of the Special Election
shall be conducted by the City Council as required by law.
SECTION 11. EFFECTIVE DATE. The Mayor is hereby authorized to sign this
ordinance and the City Secretary to attest. This ordinance shall become effective and be in full
force and effect in accordance with the provisions of the Charter of the City of Georgetown.
Ordinance No.��-
Election for Sec. 4A Sales Tax
May 7, 2005
Page 6 of 7 Pages
PASSED AND APPROVED on First Reading on the 14`h day of December, 200`.
PASSED AND APPROVED on Second Reading on the ` day of
February, 2005.
ATTEST:
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Ordinance No. Z 0 o 5• I Z
Election for Sec. 4A Sales Tax
May 7, 2005
Page 7 of 7 Pages
THE CITY OF GEORGETOWN
By:
Exhibit "A"
ELECTION SERVICES CONTRACT
This contract is entered into between the WILLLkMSON COUNTY ELECTIONS
ADMINISTRATOR, hereinafter referred to as Administrator, the CITY OF GEORGETOWN,
hereinafter referred to as City, acting by and through its City Council, and the GEORGETOWN
INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as District.
The City and District (the entities) are entering into this contract to secure election services from the
Administrator for a joint election to be conducted by the entities on May 7, 2005, and in connection
therewith do hereby agree as follows:
1. The Administrator shall be responsible for providing the following services:
a. Procuring, allocating, and distributing all election supplies, including coordination
of ballot printing;
b.
Arranging for election
officers
and
personnel necessary to
conduct the joint election
on
May 7,
2005, including
personnel
to
conduct
the
verification count after
the election;
C. As the Early Voting Clerk for the joint election, making arrangements for locations
and clerks, providing modems and terminals if requested, and conducting early voting by mail;
d. Arranging for Election Day polling locations and providing appropriate number of
voting booths;
e. Providing pre -locked, pre -sealed ballot boxes;
f. Testing of tabulation of equipment;
g.
Keeping the Administrator's office open
on election day
from 7 a.m. until all work
is completed
and providing assistance to election workers
and the public on election day;
h. Operating the central counting station in the Williamson County Annex on Election
Day and providing tabulations to each entity by May 16, 2005;
i. Submitting to entities within 30 days a statement of costs payable based on use of
combined ballots, polling places, supplies, programming, etc., with costs to be allocated in
proportion to each entity's actual share of expenses; costs to be itemized and based on actual invoices
or other appropriate documents;
j. Serving as agent to the Custodians of election records for the purpose of securing
and storing voted ballots;
k. Conducting election schools for early voting and Election Day clerks.
2. The entities shall be responsible for the following actions:
Ordinance No. 2C} O S . Ez- Exhibit "A"
Election Services Contract
General/Special Election May 7, 2005
Page 1 of 3 Pages
a. Authorizing the number of ballots to be ordered for Election Day and early voting;
b. Paying election workers at the rate authorized by the commissioners court for joint
elections and paying for polling place expenses, including furniture rental, if any, at a rate
proportional to each entity's use of a polling place;
C, Paying Williamson County an administrative fee not to exceed 10 percent of the
actual cost of the election;
d. Preparing and submitting to the U.S. Department of Justice any changes to voting
practices or procedures;
e. Appointing by the action of its governing body all election judges and alternates and
designating polling places for the election including early voting locations;
f. Appointing Administrator as Early Voting Clerk for the election and manager of the
Central Counting Station, and forwarding any ballot by mail applications to Administrator;
g. Appointing Administrator as agent to Custodians of Election Records for the joint
election;
h. Paying an advance to Administrator (County) equal to 70% of the estimated cost of
the election no later than 45 days before the election date.
i. Paying the costs of the joint election within 30 days of the date on which City
receives the statement of costs from Administrator.
3. h-1 connection with the performance of this contract, neither Williamson County nor the
Administrator shall be liable to third parties for any default of the City in connection with the holding
of the joint election, including the failure by the City to pay any expenses hereunder, and such the
City shall not be liable to third parties for any default of the Administrator in connection with the
holding of the joint election.
4. This contract shall be constructed under and in accordance with the laws of the State of
Texas.
5. In case any one or more of the provisions contained in this contract for any reason shall be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions hereto, and this contract shall be construed as if
such invalid, illegal, or unenforceable provisions had never been contained herein.
6. No amendment, modifications, or alteration of the term hereof shall be binding unless the
same is in writing, dated subsequent to the date of this contract and duly executed by the parties
hereof.
This contract is effective on the day of 12005,
GEORGETOWN INDEPENDENT SCHOOL DISTRICT
Ordinance No. 2-010 s -tz._ Exhibit "A"
Election Services Contract
General/Special Election May 7, 2005
Page 2 of 3 Pages
President, Georgetown ISD School Board
CITY OF GEORGETOWN
Mayor, City of Georgetown
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR
Williamson County Elections Administrator
Ordinance No. 'L O5• i2-- Exhibit "A"
Election Services Contract
General/Special Election May 7, 2005
Page 3 of 3 Pages
Exhibit "B"
Early Voting Polling Times and Locations for the City of Georgetown
to be held in conjunction with the General Election on May 7, 2005
By personal appearance during normal business hours (8:00 a.m. to 5:00 p.m. each day specified for early
voting, which is not a Saturday, Sunday, or an official state holiday, beginning on April 20, 2005 and
continuing through May 3, 2005 at.
Early Voting Full Time Locations
May 7, 2005
Lobby of the City of Georgetown Municipal
Court/Council Chamber
101 E. 7°i Street
Georgetown, TX
Georgetown ISD Administration Building
603 Lakeway Drive
Georgetown, TX
By personal appearance on Saturday, April 23 and 30, 2005 from 9:00 a.m. to 1:00 p.m.; Sunday, April 24
and May 1, 2005 from 1:00 p.m. to 5:00 p.m. at:
Early Voting Part Time Locations
May 7, 2005
Lobby of the City of Georgetown Municipal
Court/Council Chamber
101 E. 70' Street
Georgetown, TX
Georgetown ISD Administration Building
603 Lakeway Drive
Georgetown, TX
Ordinance No. Exhibit `B"
Early Voting Polling Times and Locations
General/Special Election May 7, 2005
Page 1 of 1 Page
Exhibit "C"
Election Day Voting Locations
The Election Day polling places for the May 7, 2005 election are by County Precinct as follows:
County
Previous Election Day Voting
Election Day Voting Locations
Locations
Precinct Nos.
Election held jointly with
May 15, 2004
School Board
1423 168, 314, 357, 367
Lobby of the City of
Lobby of the City of
and 370
Georgetown Municipal
Georgetown Municipal
Court/Council Chamber
Court/Council Chamber
101 E. 7`1' Street
101 E. 7"' Street
301, 302, 305, 332, 371
Georgetown ISD
Georgetown ISD Administration
and 379
Administration Building 603
Building
Lakeway Drive
603 Lakeway Drive
Georgetown, TX
Georgetown, TX
343, 345 and 369
U.S. Post Office
U.S. Post Office
2300 Scenic Dr
2300 Scenic Dr.
Georgetown, TX
Georgetown, TX
381 and 310
Sun City Social Center
Sun City Social Center
2 Texas Dr., Bldg. C.
2 Texas Dr.
Georgetown, TX
Georgetown, TX
Ordinance No. Z,u 0 � • t t. Exhibit "C"
Election Day Voting Locations
General/Special Election May 7, 2005
Page 1 of 1