Ordinance 1993-53
ORDINANCE NO. 93-53
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
CALLING AN ELECTION TO BE HELD ON JANUARY 15, 1994, FOR THE
PURPOSE OF PRESENTING A PROPOSITION TO THE QUALIFIED
VOTERS OF THE CITY OF WYLIE UNDER SECTION 4B, DEVELOPMENT
CORPORATION ACT OF 1979 (Article 5190.6, Vernon's Texas Civil
Statutes); DESIGNATING ELECTION PRECINCTS AND DESIGNATING
POLLING PLACES WITHIN SAID CITY; PROVIDING FOR THE
APPOINTMENT OF PRESIDING ELECTION JUDGES AND ALTERNATE
PRESIDING ELECTING JUDGES; ESTABLISHING OTHER PROCEDURES
FOR THE CONDUCT OF THE ELECTION: PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Article 5190.6, Vernon's Texas Civil Statutes provides that a City may
hold an election to consider imposing a one half cent sales tax for promoting economic
development by funding parks, facilities, recreational programs ("Half Cent Sales Tax
Election") and the Texas Election Code, as amended (the "Code") provides that said
election shall be held on a "uniform election date" as defined in the Code; and
WHEREAS, by this Ordinance, it is the intention of the City Council to: (i)
call for said Half Cent Sales Tax Election to be held on a "uniform election date", (ii)
designate the election precincts, (iii) designate polling places for the election, (iv) provide
for appointment of the necessary election officers, (v) establish and set forth procedures
for conducting the election, and (vi) establish a date for canvassing the returns of said
election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
Section 1. Incorporation of Premises. That all of the above premises are found
to be true and correct and are incorporated into the body of this Resolution as if copied
in their entirety.
Section 2. Election Date. Purpose of Election: That an election shall be held in
and throughout the City of Wylie on Saturday, January 15, 1994, for the purpose of
presenting the following proposition for consideration to the qualified voters of the City
of Wylie substantially as follows:
The levy and collection of an additional one-half (1/2) of one cent sales and
use tax be imposed for the purpose of promoting economic development
by funding parks, park facilities, recreational programs and other park and
recreation related expenses in accordance with the Development
Corporation Act of 1979, Article 5190.6 Section 4B, Vernon's Texas Civil
Statutes
Section 3. Election Precincts: Polling Places: Election Hours. The polling location
for precinct 25 shall be the Southfork Mobile home Park Clubhouse, 210 Southfork
Boulevard. The polling location for precincts 27, 83, and 56 shall be the First United
Methodist Church, 109 W. Jefferson, Wylie, Texas.
Section 4. Appointment of Presiding Election Judges and an Alternate Presiding
Election Judges: Qualifications to Serve as Election Judge: Confirmation of Appointment:
Notice of Appointment. The City Council shall, in accordance with the Texas Election
Code, appoint Presiding Election Judges and Alternate Presiding Election Judges not
later than November 30, 1993. The City Secretary shall, in accordance with Section
32.009 of the Code, deliver to the Presiding Judges and the Alternate Presiding Judges
notice of their appointments not later than twenty (20) days from the date of appointment.
Section 5. Appointment of Clerks. The Presiding Judges upon appointment shall
each appoint not less than two (2) nor more than eight (8) qualified election clerks to
serve and assist in the conduct of the election, provided, however, that if the Presiding
Judges named actually serve as expected, the Alternate Presiding Judges shall each be
one of such clerks. All election clerks shall be qualified voters of the City.
Section 6. Compensation of Election Judges and Election Clerks. The Presiding
Election Judges, Alternate Presiding Judges and each Election Clerk shall be
compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the
Code. The Presiding Election Judges shall each also be paid the additional sum of
$25.00 for delivering the returns of the election. Such payments shall not exceed the
maximum amounts set forth in Sections 32.091 and 32.092 of the Code.
Section 7. Method of Voting: Election Materials. The City Secretary is hereby
authorized and instructed to provide and furnish all necessary election supplies to
conduct the election. Voting at the election shall be by use of paper ballots to be
manually tabulated. Preparation of the official ballots for the election shall conform to the
requirements of the Code, and shall permit the voters to vote in favor of or in opposition
to the proposition as substantially stated herein. Each elector shall indicate his/her vote
in the space provided beside the statement which represents his vote "FOR" or
"AGAINST" each proposition proposed provided, however, that no elector shall vote both
"FOR" and "AGAINST' any proposition on the ballot.
Section 8. Governing Law: Qualified Voters. The election shall be held in
accordance with the Constitution of the State of Texas, the Texas Election Code, the City
Charter, and all resident, qualified electors of the City shall be eligible to vote at the
election. In addition, the election materials enumerated in the Code shall be printed in
both English and Spanish for use at each polling place and for early voting for the
election.
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Section 9. Publication and Posting of Notice. Notice of the election shall be given
by posting a notice of election in both English and Spanish at the City Hall at the Bulletin
Board used for posting notices of the meetings of the City Council, at each polling place
and one (1) other public place within the City not less than twenty-one (21) days prior
to the date upon which the election is to be held, and by publication of said notice at
least once in a newspaper of general circulation published within the City, the date of
said publication to be not less than ten (10) days nor more than thirty (30) days prior to
the date set for the election.
In addition thereto, a copy of the notice shall also be filed with the City Secretary
at least twenty-one (21) days before the election. Upon publication of the election notice,
the City Secretary shall secure a publisher's affidavit which complies with the
requirements of the Code.
Section 10. Early Voting. Early voting by personal appearance shall be
conducted by the City Secretary, who is hereby appointed the Early Voting Clerk, at the
office of the City Secretary located at City Hall, 2000 Hwy. 78 North, Wylie, Texas. For
the period early voting for the election is permitted by law, the Early Voting Clerk shall
keep said office open for early voting by personal appearance during the regular
business hours of the City of Wylie Monday through Friday except on official holidays.
Such hours shall be from 8:00 A.M. to 5:00 P.M. commencing on Monday, December 27,
1993 and terminating on Tuesday, January 11, 1994. Early voting on a Saturday or
Sunday if any, shall be conducted in accordance with the requirements of the Code.
Applications for early voting by mail shall be delivered to the Early Voting Clerk
at the same address not earlier than November 16, 1993, and not later than the close of
business on Friday, January 7, 1994.
Early voting, both by personal appearance and by mail, shall be by paper ballots
to be manually tabulated, which ballots shall conform to the requirements of the Code
and in so doing, shall permit the voters to vote "FOR" or "AGAINST' each proposition.
Each elector shall indicate his/her vote in the space of his/her choice provided, however,
that no elector shall vote both "FOR" and "AGAINST' any proposition on the ballot. The
early ballots shall be canvassed by Early Voting Ballot Board, which is hereby created.
The Presiding Election Judge and the Alternate Presiding Election Judge appointed for
precincts 83, 27, and 56 shall serve as the presiding officer and the alternate presiding
officer, respectively, of the Early Voting Ballot Board. The other election officers serving
at the First United Methodist Church Polling Place shall serve as the other members of
the Early Voting Ballot Board for the election.
Section 11. Tabulation of Returns. Ballots shall be tabulated at the Central
Counting Station hereby designated as the First United Methodist Church located at 109
W. Jefferson, Wylie, Texas. The Presiding election Judge and the Alternate Presiding
Election Judge for the First United Methodist Church polling place shall serve as the
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Presiding Judge and Alternate Presiding Judge of the Central Counting Station. The
other election officers serving, at said polling place shall serve as the Counting Station
Clerks for the election.
Section 12. Delivery of Returns: Preservation of Election records. In accordance
with the Code, immediately after the closing of the poll of the day of the election in
triplicate as follows: one copy shall be retained by the Presiding Election Judge, one
copy shall be delivered to the Mayor of the City, and one copy of the returns, together
with the ballot boxes and all election supplies, shall be delivered to the City Secretary.
All election records and supplies shall be preserved by the City Secretary in accordance
with the Code.
Section 13. Canvassing of Returns. The City Council of the City shall convene
on January 18, 1994, at 7:00 P.M. to canvass the returns of the election.
Section 14. Necessary Actions. The Mayor and the City Secretary of the City, in
consultation with the City Attorney, are hereby authorized and directed to take any and
all actions necessary to comply with the provisions of the Code in carrying out and
conducting the election, whether or not expressly authorized herein.
Section 15. Effective Date. This Ordinance shall be in force and effect from and
after its passage and it is accordingly so resolved.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this the 16th day of November, 1993.
APPROVED:
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