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Ordinance 1969-01 60-1 .:...2.._..___.____...__ __'. ORDINANCE NO. AN ORDINANCE ORDERINr-: A SPECIAL ELECTION TO BE HELD IN THE CITY OF WYLIE, TEXAS, ON THE QUES- TION OF THE ADOPTION OF A ONE PERCENT (1%) LOCAL SALES AND USE TAX WITHIN THE CITY~ DESIGNATING THE DAY OF THE ELECTION AND THE POLLING PLACE: APPOINTING ELECTION OFFICIALS THEREFOR; PROVIDING THAT ALL DULY QUALIFIED RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE; PRESCRIBING FORM OF BALLOT; PROVIDn~G FOR NOTICE OF ELECTION; CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION; PRO- VIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, Article l066c, Vernon's Texas Civil Statutes (Acts 1967, 60th Legislature, Regular Session, Chapter 36, PaRe 62) authorizes the governing body of anv city, town or village in Texas to call an election for the Durpose of adontin~ a local sales and use tax within such city, town or village; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF wYLIE, TEXAS: Section 1. That a special election shall be held in and throughout the City of Wylie, Texas, on the 5th day of Anril, 1969, at which election there shall be submitted to the resident oualified voters of said city, for tneir action thereupon, the following proDositions: l'F01.z adoption of a one Dercent (1%) local sales and use tax ,,vi thin the city. If tlAGAINST adoption of a one percent (l~,) local sales and use tax wi thin the city. 'I Section 2. That said election shall be held at one polling place for all qualified voters of said City of Wylie, and the Dolling place and presiding officers for said election shall be, to-wit: Polling Place: Fire Station, Citv of Wylie Presiding Officers: A. D. *cw;n ~resl l g Judge T. S. Beene Alternate Presiding Judge The Presiding Judge at such election shall appoint 2 clerks. Section 3. That said election shall be held In accor- dance with the Constitution and Laws of the State of Texas, and all duly qualified resident electors of the City of Wylie, Texas, shall be qualified to vote. Section 4. That the ballots of said election shall conform to the re~uirements of Section 2, Subsection G, of Article 1066c, Vernon's Texas Civil Statutes (Acts 1967, 60th Legislature, Regular Session, Chapter 36, Page 62), and to the requirements of Chapter 5 of the Election Code of the State of Texas, as amended, and the language to be Drinted thereon shall include the following: OFFICIAL BALLOT INSTRUCTIONS: Place an tlxtl in the square beside the statement indicating the way you wish to vote. o FOP adoption of a one nercent (1%) local sales and use tax within the city. .u AGAINST adoption of a one percent (1%) local sales and use tax within the city. Section 5. That election judges and clerks are directed to comply with Article 6.06, Election Code of the State of Texas, as amended (Ssction 2 of House Bill 181, Acts 1967, 60th Legislature, Re~ular Session, Chapter 452, Pages 1~7G, 1028), which provides that a square shall be placed beside each proposition in which the voter lS instructed to place an !IX" or other clear mark to indicate the \iJay he wishes to vote; but which also Drovides that failure of a voter to mark his ballot in strict conformity with the directions on the ballot shall not invalidate the ballot, and the ballot shall be counted if the intention of the voter lS clearly ascertainable, excent where the law eXDresslv prohibits the counting of the ballot. It is specifically provided that the election officers shall not refuse to count a ballot because of the voter's having marked his ballot by scratching out the statement of proposition for wnich he does not wish to vote. Section 6. That notice of the election hereby ordered and called shall be given: (a) bv publication on the same day of two succeSSlve weeks in a newspaper of general circulation published within said City of Wylie, the date of tne first publication to be at least twenty-one (21) days prior to the date set herein for such election; and (D) by posting of such notice at the Dolling place in each of the election Drecincts of the city not less than twentv (20) days prior to the date set herein for such election. It is hereby found and determined that the Wylie News is a newspaner published within the City of Wylie, Texas, and lS a newspaper of general circulation within said city. Section 7. The fact that the passage of the above ordinance would bring about immediate benefits to the citizens of the City of wylie and would benefit the health, safety, and public welfare creates an emergency, it lS ORDAINED that this ordinance take effect immediately upon passage and nublication. PASSED AND APPROVED, this II tf!- February, 1969. ATTEST: c1j .~ ~ ? . '-CU.1{Lt } ! ., -bf~-:.1..:~ Cl ty ecretary ,/ Sec.tion 5. That election judges and clerks are directed to comply with . Article' 6.06... Election. Gbde 'of the State of Texa~ Section 2. That said elec- as amended (Section 2 of non shall be held at one House BtIllS1, Acts 1967, pollin~ place for. all 60th Legislature, Regular I qualifled voters of said Session" Chapter 452, City of Wylie, and the ,Pages 1026,.1928), which, polling p,lace and,presi~- provides, that, a square AN ORDINANCE ORDER- irtg offlcers fOl(' sa,ld shall' be. piaced beside ING A SPECIAL ELEC- election shall be, to-Wlt: h 't" 1'11"1'1 which T.IO, N ..T o B'E, HELD IN. eac propOS1.:0 - the voter is instructed to THE CITY OF WYLIE, polling Place: Fire Sta- place all .'X" or other TEXAS, ON. THE QuES- tion, City of Wylie. clear mark to indicate TIONOFTHEADOPTION the way\he wis.hesto vot~ . OF A ONEPERCENT(l;~ 'presiding. Officers:. A.D. but whiCl;h al~\l provides , .~~~1~lf~rJ~~~?~I~V:"~()'~~' ~.....~::~~~inl1t~~~i~ ~~~altr~~eB~'~fot fn :frti~t DESIGNATING THE DAY' P~~s'iding'Judge. conformity with the direc- . . - OF THE ELECTION AND t,ions,on the ba.110t shaH.not of'. the'. c.t.~.. not....les.s. than'\ \ THE. POLLING PLACE. The Presiding Judge at 1 d h b 11 t d . . . .A~PO[NTING ELECTION such election shall ~ppoint mva 1 ate tea 0, an twenty.(2.) day. s pr..io.. r.t.o.... Q~FICIALS THEREFOR, 2 clerks. the. ballot shall be counted the date set herein for. .p ROVIDING: ,. THAT, ALL if the' intention of the vot.er 'such,ele~ton~ It is~ereb~ QULY QUALIFIED RESI- Section:i That saidelec- is clea:rly ascertainable, foundandd~teJfmin:eg.:tbat> DENT ELECTORSSHALL hon shall' be held 'in' e'xcept. where ..the law 'FheW~1ie~\V'S-f~.~n.~s-:.. B'E QUALIFIEDTOVOTE; accordance with the C.on- expressly prollil;lits the paperpUblt~fie.d, wubm th~ PRESCRIBING FORM OF',. counting of the ballot. It City otWyhe, Texas, and B A L LO 1'; PROVIDING stitution and Laws of the is specifically provided is a new,spaper, of .gli!ner~1, FOR NOTICE OF ELEG- State of Texas, and all that the election officers circwlatIon withIn' sa~d' nON; CON .TA I N I N G duly qualified resident shall not refuse. to count city. . ontER P ROV IS ION S electors of.. the City of a ballot because of. the RELA TING TO SAID'. Wyli,e~ Texas, shall be voter's having mark:ed ELECTION; PROVIDING qucHlfled to vote.. his ballot by scratching FOR SEVE RABILITY;: . . out the statem;ent of pro- AND DEQLARING AN' .Sec;t1~n 4. T~at theballo~:" postionfor which hedoes EMERGENCY. of said electlOn s,hallcon. not wish to vote. , " . .. .. ... . forIP to. the requueme.nts, . WHEREAS, Article l066c, of SectIo!! 2,subsectlOn SeC'tion...b. That, notice of vernon's' Texas Civil, G, pf Artlcle ~O?6c., Ver- the electiQin. hereby Statutes (ActsL967,. 60th "non sTexas eml Sta~utes ordered andc~~led shall Le.gislaw. re, R.. e.!gl1lar. s. e.s'- CA. ".cts 1967,60th Legl. ~la- be given: (a) 'by publica- sion, Chapter 36,. Page ,62): : ture, Regular Ses~lOn.,. tionon the 'same day of authorizes ,th~ govermng - Chapter 36, P,age 62), and two successive weeks in body of any city, town or to the reqUlrements, of a newspaper of general yUlage in Texas to call an Chapter 6 of th~ ElectlOn circulation 'w ub I is h ed el~ction for tfiepurposeof Code of the State of Texas, within said GitY of Wylie, adopting a local sales and as amended, and, the the dateofthefirstpubli..;. U$etax wimin such city, language. to .be prmted cation tobeaL least town. or village; . Now thereo.n shall lOclude the twenty-one (2l)days prior therefore. followmg: to the date set herein for such election; and (b) by postingofsuchnottce at INSTRUCTIONS'. Place an the polling place in each 'of the election precincts CE OF SPECIAL ECTION TO THE DULY QUALI- FIED RESIDENT ELEC-, " TORS OF THE CITY OF WYLIE, TEXAS AND TO ALL OTHE R INTER- ESTEDPERSONS: NOTICE, IS HEREBY GIVEN that an electIon will be held in and throughout 'the City of Wylie; Texas on the 5th day of April, 1969., on the'question of the adoption, of-a One. Per- cent (1%) Local Sales and Use Tax.. withins:Ud City, in keeping with the fo 11 0 win g ordinance adopted by the City Coun- cil of said City; as.follows, to-wit: ORDINANCE NO. 69-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: "X" in the square beside the statement indicating the way you wish to vote. ....."" n!..frt'j, a'sp'ec'ial electlOn be held in and throughout the City of Wylie, Texas, on the 5th day of April, 1969, at which . election there shall be submitted to the resident qualified voters of said city, for their action thereupon,. the following propositions: "FOR adoption of a hne percent 0%) local sales and.. use tax. within the city.' , o FOR adoption of aone percent (1%) local sales and. use tax within, the city; o AGAINST adoption of a one percent. 0%) local sales and use tax within the city. "AGAINST aaoption of a bne percent' (1%) local sales and use tax within the city." OFFH~IAT RAT TOT CITY SECRETARY MRS. ONEIDA GALLAGHER CITY ATTORNEY B. ROBERT BAKER WATER SUPERINTENDENT W, A. ALLEN FI RE MARSHALL GLENN DANIEL Sectinn. 7., The fact thai: the gas sage oi the above,,: ordinance..' would" 'bring,. about immediate bene~, fits to the citiiz.ens, of the:., City of Wylie and wourd,' .benefit the health. safety~ . arid public: welfareG::reates , an' , eme'rgenc.yc,,<:" n~ }"i9~ ORDAINED ',' that this} ordtnance' take' effect ' immediately upon passage and publica,tion. PASSED AND APPROVED , this 11th day of F.ebruary' 1969, ATTEST: Oneida. ~alDligher, ,City sec~eta.ry