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11-16-1993 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex November 16, 1993 7:00 p.m. CALL TO ORDER ACTION ITEMS 1. Discuss and Consider Approval of an Ordinance Calling an Election on January 15, 1994 to Consider a One Half Cent Sales Tax for Promotion of Economic Development by Funding Parks and Recreation Related Expenses 2. Discuss and Consider Approval of a Resolution Appointing Election Judges for the January 15th Election WORKSESSION Hold Joint Worksession with the Parks and Recreation Board to Discuss the 1994 One Half Cent Sales Tax Election and Establish Priorities ADJOURNMENT ost 11/12/93 at 5:00 p.m. ORDINANCE NO. 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, Vemon'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. 2 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 3 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 Resolution 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: Mayor ATTEST: 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPOINTING ELECTION JUDGES AND ALTERNATE ELECTION JUDGES TO SERVE DURING THE JANUARY 15TH ELECTION UNDER SECTION 4B, DEVELOPMENT CORPORATION ACT OF 1979 (Article 5190.6, Vernon's Texas Civil Statutes); PROVIDING FOR A TERM OF ONE ELECTION; PROVIDING FOR THE NOTIFICATION OF JUDGES; PROVIDING FOR THE COMPENSATION OF JUDGES; 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, and 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, the City Council has called by Ordinance No. that such election shall be held on January 15, 1994; and WHEREAS, the Code provides for the appointment of a Presiding Judge and Alternate Presiding Judge for each polling place; and WHEREAS, the City Council of the City of Wylie has determined that two separate polling places shall be used for the purpose of receiving ballots for the 1994 Half Cent Sales Tax Election as provided in Ordinance No. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie, Texas, that: SECTION 1. Election Precincts: Polling Places. As previously ordained in Ordinance No. , 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 2. 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 of the City of Wylie does hereby appoint the following persons to serve as Presiding Election Judges and Alternate Presiding election Judges for the 1994 Half Cent Sales Tax Election: POLLING LOCATION PRESIDING JUDGE ALTERNATE PRESIDING JUDGE Southfork Methodist Church Each Presiding Election Judge and Alternate Presiding Election Judge shall be qualified voters within the precinct served by the polling place to which they are assigned. 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 3. Term of Appointment. Each Presiding Election Judge and Alternate Presiding Election Judge as appointed herein shall serve for a single election to be held on January 15, 1994. SECTION 4. 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 5. 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 6. Effective Date. This Resolution shall be in force and effect from and after its passage and it is accordingly so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 16th day of November, 1993. APPROVED: Mayor ATTEST: