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HomeMy WebLinkAboutOrd 726-2016 Calling Special Election - November 2016CERTIFICATE FOR ORDINANCE I, the undersigned City Secretary of the City of Anna, Texas, hereby certify as follows: 1. The City Council of said City convened in Special Session on the 16th day of August, 2016, at the scheduled meeting place thereof, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Mike Crist, Mayor John Beazley, Mayor Pro-Tern Justin Burr, Council Member Rene Martinez, Council Member Kenneth Pelham, Council Member Nathan Bryan, Council Member Lee Miller, Council Member Phillip Sanders, City Manager Carrie Smith, City Secretary and all of said persons were present, except k\-eV\.X\.104 Ve\\oa_yyJ , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written Ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS CALLING A SPECIAL ELECTION TO BE HELD WITHIN THE CITY ON NOVEMBER 8, 2016, TO SUBMIT A PROPOSITION TO ABOLISH THE LOCAL SALES AND USE TAX IMPOSED BY THE CITY FOR THE BENEFIT OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION, TO INCREASE THE MUNICIPAL SALES AND USE TAX FROM ONE PERCENT TO ONE AND ONE- QUARTER PERCENT, AND TO INCREASE THE LOCAL SALES AND USE TAX IMPOSED BY THE CITY FOR THE BENEFIT OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION FROM ONE-HALF OF ONE PERCENT TO THREE-QUARTERS OF ONE PERCENT; MAKING PROVISION FOR THE CONDUCT OF THE SPECIAL ELECTION; PROVIDING FOR OTHER MATTERS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. was duly introduced for consideration and passage. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: ta_ NOES: f/J_ ABSTENTIONS: JjJ__ 2. A true, full and correct copy of the aforesaid Ordinance passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Ordinance has been duly recorded in the official minutes of said City Council; the above and foregoing paragraph is a true and correct excerpt from said minutes of said meeting pertaining to Ord. 726-2016 Calling Speical Election 1 the passage of said Ordinance; the persons named in the above and foregoing paragraph, at the time of said meeting and the passage of said Ordinance, were the duly chosen, qualified and acting members of said City Council as indicated therein; each of said officers and member was duly and sufficiently notified officially and personally in advance, of the time, place and purpose of the aforesaid meeting and that said Ordinance would be introduced and considered for passage at said meeting; and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Tex. Gov't Code Ann. ch. 551. SIGNED AND SEALED THE 16TH DAY OF AUGUST, 2016. ATTEST: evv~d Jn id/} Carrie Smith, City Sec(etary Mike Crist, Mayor (SEAL) Ord. 726-2016 Calling Speical Election 2 ACKNOWLEDGMENT OF NOTICE OF SPECIAL MEETING FOR ABSENTEES THE STATE OF TEXAS COUNTY OF COLLIN CITY OF ANNA § § § Each of the undersigned officers or member of the City Council of said City hereby acknowledges and certifies that he or she was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the Special Meeting of said City, which was held at the regular designated meeting place in said City on August 16 , 2016, and that an AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS CALLING A SPECIAL ELECTION TO BE HELD WITHIN THE CITY ON NOVEMBER 8, 2016, TO SUBMIT A PROPOSITION TO ABOLISH THE LOCAL SALES AND USE TAX IMPOSED BY THE CITY FOR THE BENEFIT OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION, TO INCREASE THE MUNICIPAL SALES AND USE TAX FROM ONE PERCENT TO ONE AND ONE-QUARTER PERCENT, AND TO INCREASE THE LOCAL SALES AND USE TAX IMPOSED BY THE CITY FOR THE BENEFIT OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION FROM ONE-HALF OF ONE PERCENT TO THREE-QUARTERS OF ONE PERCENT; MAKING PROVISION FOR THE CONDUCT OF THE SPECIAL ELECTION; PROVIDING FOR OTHER MATTERS RELATED THERETO; AND PROVIDING AN EFFECTIVE DA TE. would be introduced and considered for passage at said Special Meeting, and that he or she consented in advance to the holding of said Special Meeting for such purpose. ~enY¥Z.lli v~.\~ fr n"'\ " Printed Name Signature Date Printed Name Signature Date Printed Name Signature Date ORDINANCE NO. 1fl..k -2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS CALLING A SPECIAL ELECTION TO BE HELD WITHIN THE CITY ON NOVEMBER 8, 2016, TO SUBMIT A PROPOSITION TO ABOLISH THE LOCAL SALES AND USE TAX IMPOSED BY THE CITY FOR THE BENEFIT OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION, TO INCREASE THE MUNICIPAL SALES AND USE TAX FROM ONE PERCENT TO ONE AND ONE-QUARTER PERCENT, AND TO INCREASE THE LOCAL SALES AND USE TAX IMPOSED BY THE CITY FOR THE BENEFIT OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION FROM ONE-HALF OF ONE PERCENT TO THREE-QUARTERS OF ONE PERCENT; MAKING PROVISION FOR THE CONDUCT OF THE SPECIAL ELECTION; PROVIDING FOR OTHER MATTERS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna, Texas (the "City"), has previously adopted a local sales and use tax at the rate of one percent (the "Municipal Sales Tax Rate") pursuant to Chapter 321, Texas Tax Code, specifically Section 321.lOl(a) thereof; WHEREAS, the City has previously adopted a local sales and use tax at the rate of one- half of one percent (the "4A Sales Tax Rate") pursuant to Chapter 504 , Texas Local Government Code, specifically Section 504.251 thereof; WHEREAS, the City, has previously adopted a local sales and use tax at the rate of one- half of one percent (the "4B Sales Tax Rate") pursuant to Chapter 505, Texas Local Government Code, specifically Section 505 .251 thereof; WHEREAS , the combined rate of all sales and use taxes imposed by the City and other political subdivisions of the State of Texas having territory in the City may not exceed two percent within the City, and the combined rate of all sales and use taxes imposed by the City and other political subdivisions of the State of Texas having territory in the City is currently two percent; WHEREAS, the City Council (the "Council") of the City hereby finds that it is appropriate, advisable and in the best interest of the citizens of the City that a special election be held for the purpose of submitting a proposition to abolish the 4A Sales Tax Rate , to increase the Municipal Sales Tax Rate from one percent to one and one-quarter percent, and to increase the 4B Sales Tax Rate from one-half of one percent to three-quarters of one percent; and WHEREAS, it is hereby officially found and determined that holding the hereinafter called special election on the date set forth below is in the public interest; and that the meeting at which this ordinance is adopted was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Government Code; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: 1 Ord. 726-2016 Calling Speical Election 3 Section 1. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. A special election shall be held in the City on November 8, 2016, at which the following PROPOSITION shall be submitted in accordance with law: PROPOSITION The abolition of the sales and use tax within the City of Anna for the promotion and development of new and expanded business enterprises pursuant to Section 504.251 , Texas Local Government Code , as amended , currently at the rate of one-half percent ; the adoption of a sales and use tax within the City of Anna at the rate of one and one-quarter percent to be used for any purpose other than payment of bonds or other indebtedness, which would be an increase of one-quarter percent; and the adoption of a local sales and use tax in the City of Anna at the rate of three-quarters of one percent, which would be an increase of one-quarter percent, pursuant to Section 505 .251 , Texas Local Government Code, as amended, including but not limited to projects for the promotion and dev elopment of new or expanded business enterprises, including projects to provide public safety facilities, streets and roads , drainage and related improvements , demolition of existing structures , general municipally owned improvements , as well as any improvements or facilities that are related to any of those projects and any other project that promotes or develops new or expanded business enterprises, as well as projects required or suitable for use for professional and amateur sports, athletic, entertainment, tourist, 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 , and related store , restaurant , concession, and automobile parking facilities, related ar ea transportation facilities , and related roads, streets, and water and sewer facilities , other related items that enhance any of those items , any other projects authorized under applicable law for a Type B corporation created under Section 505 .003 , Texas Local Government Code, as amended , and the maintenance and operation expenses for any of the above described projects . Section 2 . The official ballots for th e special election shall be prepared in accordance with the Texas Election Code (the "Code") so as to permit the electors to vote "FOR" or "AGAINST " the aforesaid PROPOSITION with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITION to be expressed substantially as follows: 2 Ord. 726-2016 Calling Speical Election 4 [] FOR [] AGAINST PROPOSITION The abolition of the sales and use tax within the City of Anna for the promotion and development of new and expanded business enterprises pursuant to Section 504.251, Texas Local Government Code , as amended , currently at the rate of one-half percent; the adoption of a sales and use tax within the City of Anna at the rate of one and one-quarter percent to be used for any purpose other than payment of bonds or other indebtedness, which would be an increase of one-quarter percent ; and the adoption of a local sales and use tax in the City of Anna at the rate of three-quarters of one percent to be used for the promotion and development of new and expanded business enterprises and other public purposes pursuant to Section 505 .251 , Texas Local Government Code, as amended , which would be an increase of one-quarter percent; all of which would result in no net increase in the sales and use tax collected by the City of Anna. Section 3. The special election shall be held between the hours of 7:00 A.M. and 7:00 P.M. on November 8, 2016 , at the respective polling places designated by Collin County in the Election Contract as set forth in Exhibit A below, which exhibit shall be modified to include additional or different Election Day polling places required to conform to the E lection Contract and the Code. Section 4. Early voting shall be conducted by personal appearance at the locations set forth in Exhibit B below and during the period early voting is required or permitted by law , being October 24, 2016 , through November 4, 2016, which exhibit shall be modified to include additional or different early voting polling places , dates and times required to conform to the Election Contract and the Code . Any voter who is entitled to vote an early ballot by personal appearanc e may do so at any Early Voting Polling Place listed in Exhibit B below . Applications for early voting by mail shall be sent to Bruce Sherbet, Elections Administrator , 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. The Early Voting Clerk for the special election shall be Bruce Sherbet, Elections Administrator. Section 5. The election shall be administered hy the Collin County Elections Administration pursuant to the Contract for Joint Election Services between the City and Collin County Elections Administration (the "Election Contract"). The City Manager is hereby authorized and directed to enter into such Election Contract with Collin County Elections Administration and to execute such Election Agreement on behalf of the City. The persons to serve as officers to conduct said election and an earl y ballot board to process earl y voting results shall be appointed pursuant to the Contract. Section 6 . special election . All resident, qualified electors of the City shall be entitled to vote at said 3 Ord. 726-2016 Calling Speical Election 5 Section 7. Notice of said special election shall be given by posting a substantial copy of this ordinance on the bulletin board used for posting notices of the meetings of the Council, not less than 21 days prior to the date set for said special election; and an election notice also shall be published in a newspaper of general circulation that is published in the City or, if no newspaper of general circulation is published in the City, a newspaper of general circulation in the City, the date of the publication to be not earlier than the 30th day or later than the 10th day prior to the date set for said special election. Section 8. the Code. Section 9. Council. In all respects said special election shall be conducted in accordance with This Ordinance shall be effective immediately upon its adoption by the PASSED, APPROVED AND EFFECTIVE this August 16, 2016. ATTESTED: ~cl~uif? City Secretary Carrie L. Smith City of Anna, Texas [CITY SEAL] 4 Mayor Mike Crist City of Anna, Texas Ord. 726-2016 Calling Speical Election 6 EXHIBIT A ELECTION DAY POLLING PLACES [Voters may vote at the following locations within the City and at any of the additional listed Election Day Vote Centers open under full contract services with the Collin County Elections Administration.] Polling Place Address City Aldridge Elementary School 720 Pleasant Valley Richardson Allen Municipal Courts Facility 301 Century Parkway Allen Armstrong Middle School 3805 Timberline Plano Benton Staley Middle School 6927 Stadium Drive Frisco Blue Ridge ISD Administration Building 318 West School Street Blue Ridge Bowman Middle School 2501 Jupiter Road Plano Brinker Elementary School 3 800 Clark Parkway Plano Carpenter Middle School 3905 Rainier Road Plano Carpenter Park Recreation Center 6701 Coit Road Plano Celina ISD Administration Building 205 S. Colorado Celina Christ the Servant Lutheran Church 821 S. Greenville Ave. Allen Christ United Methodist Church 3101 Coit Road Plano Clark High School -Plano 523 Spring Creek Plano Clark Middle School 4600 Colby Drive Frisco Collin College Central Park Campus 2200 University McKinney Collin College -Higher Education Center 3452 Spur 399 McKinney Collin College Preston Ridge Campus 9700 Wade Blvd. Frisco Collin College Spring Creek Campus 2800 Spring Creek Parkway Plano Collin County Elections Office 2010 Redbud Blvd, Ste. 102 McKinney Community ISD Technology and Conference 615 FM 1138 Nevada Center Curtis Middle School 1530 Rivercrest Blvd. Allen Davis Library 7501 Independence Parkway Plano Dowell Middle School 301 Ridge Road McKinney Dr. Pepper Star Center -Champions Cafe 6993 Stars Ave. McKinney Eldorado Country Club 2604 Country Club Drive McKinney Fairview Town Hall 372 Town Place Fairview First Baptist Church -Branch 7011FM546 Princeton First Baptist Church Farmersville, Youth 201 Farmersville Pkwy. Farmersville Building First Baptist Church -Josephine 300 S. Main Street Josephine Ford Middle School 630 Park Place Drive Allen Fowler Middle School 3801 McDermott Road Plano Frisco Senior Center 6670 Moore Street Frisco Gay Library 6861 W. Eldorado Parkway McKinney A-1 Ord. 726-2016 Calling Speical Election 7 George Bush Elementary School 2000 Eagle Aerie Lane Wylie Haggar Elementary School 17820 Campbell Road Dallas Harrington Library 1501 18th Street Plano Heritage High School 14040 Eldorado Pkwy. Frisco Hunt Middle School 4900 Legendary Drive Frisco Islamic Association of Collin County 6401 Independence Pkwy. Plano John Q. Hammons Center-Courtyard Marriott 210 East Stacy Road Allen Lavon City Hall 120 School Road Lavon Liberty High School 15250 Rolater Road Frisco Lovejoy ISD Administration Bldg. 259 Country Club Allen Lowry Crossing City Hall 1405 S. Bridgefarmer Road Lowry Crossing Lucas Community Center 665 Country Club Road Lucas McKinney Fire Station #7 861 Independence Pkwy. McKinney McKinney Senior Recreation Center 1400 S. College McKinney Melissa City Hall 3411 Barker Ave . Melissa Methodist Richardson Medical Center 2831E.190 Richardson Miller Elementary School 5651 Coventry Dr. Richardson Mitchell Elementary School 4223 Briargrove Dallas Murphy Community Center 205 N. Murphy Road Murphy Old Settlers Recreation Center 1201 E. Louisiana McKinney Parker City Hall 5700 E. Parker Road Parker Parr Library 6200 Windhaven Pkwy. Plano Plano ISD Administration Center 2700 W. 15th Street Plano Plano Senior Center 401 W. 16th Street Plano Princeton High School 1000 E. Princeton Drive Princeton Prosper ISD Administration Bldg. 605 E. Seventh Street Prosper Renner-Frankford Library 6400 Frankford Road Dallas Royse City ISD Mike McKinney Maintenance 1420 FM 1777 Royse City Facility Seis Lagos Community Services Assoc. 222 Seis Lago Trail Wylie Shepton High School 5505 Plano Pkwy. Plano Shiloh Missionary Baptist Church 1310 Avenue "I" Plano Smith Library 300 Country Club Wylie Stonebridge United Methodist Church 1800 S. Stonebridge Drive McKinney Suncreek United Methodist Church 1517 W. McDermott Drive Allen Texas Star Bank 402 W. White Street Anna Toyota Stadium 9200 World Cup Way Frisco Weston Community Center 11 7 Main Street Weston Whitt Elementary School 7520 Woodcreek Way Sachse Woodcreek Church 3400 E. Renner Road Richardson A-2 Ord. 726-2016 Calling Speical Election 8 EXHIBITB EARLY VOTING POLLING PLACES , DATES AND TIMES [Voters may vote at the following locations within the County and at any of the additional Early Voting locations within the County which are open under full contract services with the Collin County Elections Administration.] October 24 -28 Monday -Friday 8:00 a.m. -5:00 p.m. 7:00 a.m. -7:00 p.m. 1 :00 p.m. -6:00 p.m. 7:00 a.m. -7:00 p .m. October 29 Saturday October 30 Sunday October 31 -November 4 Monday -Friday Pollinl! Place Address Street Collin County Elections 2010 Redbud Blvd. St 102 McKinney <Main Earlv Votinl! Location) Allen Municipal Courts Facility 301 Century Pkwy. Allen Carpenter Park Recreation Center 6701 Coit Road Plano Celina ISD Administration Building 205 S. Colorado Celina Christ United Methodist Church 3101 Coit Road Plano Collin College -Central Park Campus 2200 W. University Drive McKinney Collin College -Higher Education Center 3452 Spur 399 McKinney Collin College -Preston Ridge Campus 9700 Wade Blvd. Frisco Collin College -Spring Creek Campus 2800 E. Spring Creek Pkwy. Plano Davis Library 7501 Independence Plano Frisco Fire Station #5 5449 Warren Pkwy Frisco Frisco Senior Center 6670 Moore Street Frisco Gav Library 6861 W. E ldorado McKinney Haggard Library 2501 Coit Road Plano Harrington Library 1501 18th Street Plano Lavon City Hall 120 School Road Lavon Love joy ISD Administration Bldg. 259 Country Club Allen McKinney Fire Station #7 861 S. Independence Pkwy. McKinney Melissa City Hall 3411 Barker Ave. Melissa Methodist Richardson Medical Center 2831 E. President George Bush Hwv Richardson Murphy Community Center 205 North Murohv Road Murphy Old Settlers Recreation Center 1201 E. Louisiana McKinney Parker City Hall 5700 E. Parker Road Parker Parr Library 6200 Windhaven Pkwy. Plano Plano ISD Administration Center 2700 W. 15th Street Plano Princeton City Hall 123 W. Princeton Drive Princeton Prosper Municipal Chambers 108 W. Broadway Prosper Renner-Frankford Library 6400 Frankford Dallas Smith Library 300 Countrv Club Wvlie Texas Star Bank 1 402 W. White Anna B-1 Ord. 726-2016 Calling Speical Election 9 [Voters may vote at the following locations within the County and at any of the additional Early Voting locations within the County which are open under full contract services with the Collin County Elections Administration.] Farmersville Ci Hall, 205 South Main, Farmersville, TX Oct 23 Oct 24 Oct 25 Oct 26 Oct 27 Oct 28 Oct 29 8am - 5 m 8am - 5 m 8am - 5 m 8am - 5 m 8am -5pm 7am-7pm Lucas Communi Center, 665 Count Oct 30 Oct 31 Nov 1 1 m -6pm 7am-7pm 7am-7pm Club Road, Lucas, TX Nov 2 Nov 3 7am -7pm 7am -7pm Nov4 7am-7pm Nov 5 Important Note: Eligible Collin County registered voters (with an effective date of registration on or before November 8 , 2016) may vote at any of the above early voting locations . B-2 Ord. 726-2016 Calling Speical Election 10