ORD 1996-02TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 9 6 - n 9
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, CALLING A SALES
AND USE TAX ELECTION TO BE HELD WITHIN THE
TOWN IN ACCORDANCE WITH SECTION 4B OF THE
DEVELOPMENT CORPORATION ACT OF 1979 (ART.
5190.6, V.T.C.S.);, MAKING PROVISIONS FOR THE
CONDUCT OF THE SAID ELECTION AND PROVIDING
FOR OTHER MATTERS RELATED THERETO;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 413, Article 5190.6, Vernon's Texas Civil Statutes, as
amended (the "Act"), the Town Council of the Town of Trophy Club, Texas (the "Town"), is
authorized, and hereby finds and determines that it is appropriate, advisable, and in the best
interests of the citizens of the Town to call and hold an election in the Town for the purpose of
submitting a proposition pertaining to the levy and collection of a one-half of one percent sales
and use tax within the Town for the purposes hereinafter set forth; and
WHEREAS, the Town Council finds and declares that the meeting at which this
Ordinance is considered is to be 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
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 Town of Trophy Club, Texas, on Saturday, May 4, 1996, 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 Town:
Proposition
The adoption of a sales and use tax within the Town of Trophy
Club at the rate of one-half of one percent (1/2%) to be used for
sports, athletic, entertainment, tourist, convention, and public
park purposes and events, promotion and development of new
or expanded business enterprises and any other purpose
authorized by Section 4B, Article 5190.6, V.T.C.S., as
amended (The Development Corporation Act of 1979),
including but not limited to land, buildings, equipment,
facilities, and improvements required or suited for public safety
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facilities, streets, roads, drainage and related improvements,
general municipal improvements and other projects that
promote or develop new or expanded business enterprises,
professional and amateur (including children's) sports, athletic,
entertainment, tourist, convention and public park purposes
and events, including stadiums, ballparks, auditoriums,
amphitheaters, concert halls, learning centers, parks facilities
and open space improvements, municipal buildings, museums,
exhibition facilities and related stores, restaurants, concessions,
parking and transportation facilities, and water and sewer
facilities, and other related improvements that enhance any of
those items, and for maintenance and operating costs associated
with any of the above projects that are public owned and
operated.
Section 2. All resident, qualified voters of the Town shall be eligible to vote at the
Election.
Section 3. The entire Town shall constitute one election precinct. The polling place
where qualified voters shall cast special ballots for this special election shall be located at the
Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas
76262. Maureen Cotton and Cecilia Williams are hereby appointed to serve as Presiding Judge
and Alternate Presiding Judge, respectively, for the Election. 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 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
Town or by appointment pursuant to Section 32.007 of the Code. Election judges and clerks
will be paid the maximum statutory fee for their services in the Election.
Section 5. Early voting for this election shall begin on Monday, April 15, 1996 and
shall terminate on Tuesday, April 30, 1996, 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 on
a Saturday or Sunday, if any, shall be conducted in accordance with the requirements of the
Code.
Section 6. Early voting by mail shall be conducted by the Town 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: Ms. Karen Sadri, Town Secretary, Town
of Trophy Club, 100 Municipal Drive, Trophy Club, Texas 76262.
Section 7. The Early Ballot Board is hereby created and authorized to canvass the
early votes cast by mail and by personal appearance. Maureen Cotton is hereby appointed to
serve as Presiding Judge and Cecilia Williams is hereby appointed to serve as Alternate
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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 S. 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:
THE ADOPTION OF A SALES AND USE TAX WITHIN
FOR THE TOWN OF TROPHY CLUB, 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, PUBLIC PARK AND
GENERAL MUNICIPAL PURPOSES AND EVENTS, AND
THE PROMOTION AND DEVELOPMENT OF NEW OR
EXPANDED BUSINESS ENTERPRISES, AS
AUTHORIZED BY SECTION 4B OF ARTICLE 5190.6,
AGAINST VERNON'S TEXAS CIVIL STATUTES, AS AMENDED
(THE DEVELOPMENT CORPORATION ACT OF 1979);
AND MAINTENANCE AND OPERATING COSTS
ASSOCIATED WITH ANY OF THE ABOVE PROJECTS
THAT ARE PUBLICLY OWNED AND OPERATED.
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, and provision shall be made for oral assistance to Spanish speaking voters.
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 Resolution in both English and Spanish shall
serve as notice of the Election, and said notice shall be (a) published once in a newspaper of
general circulation within the Town not earlier than the 30th day, or later than the 14th 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 Town Council of the Town.
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.
Section 14. This resolution shall be approved immediately upon passage and approval,
and it is so resolved.
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the—iday of F,r„-„a rjr _ , 1996.
Ma r, T An of Troph ub, Texas
ATTEST:
.. ...........
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
awn At ey,
Town of Trophy Club, Texas
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