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HomeMy WebLinkAboutOrdinance 0268 r- · NO. 268 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF NORTH RICHLAND HILLS OF TARRANT COUNTY, TEXAS, ON THE QUESTION 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 PLACES; APPOINTING ELECTION OFFICIALS THERE- FOR: PROVIDING THAT ALL DULY QUALIFIED RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE; PRESCRIBING FORM OF BALLOT; PROVIDING FOR NOTICE OF ELECTION; CON- TAINING OTHER PROVISIONS RELATING TO SAID ELECTION; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, Article l066c, Vernon's Texas Civil Statutes (Acts 1967, 60th Legislature, Regular Session, Chapter 36, Page 62) authorizes the governing body of any city, town or village in Texas to call an election for the purpose of adopting · 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 NORTH RICHLAND HILLS OF TARRANT COUNTY, TEXAS: Section 1. That a special election shall be held ln and throughout the City of North Richland Hills of Tarrant County, Texas, on the 26th day of August, 1969, at which election there shall be submitted to the resident qualified voters of said City of North Richland Hills, for their action thereupon, the following propositions; "FOR adoption of a one percent (1%) local sales and use tax within the city." · "AGAINST adoption of a one percent (1%) local sales and use tax within the city." ~ · Section 2. That said election shall be held in each of the election precincts with said City of North Richland Hills, and the polling places and presiding officers for each of said precincts shall be, respectively, as follows, to wit: Precinct Polling Place Presiding Officers No. I City Hall Mrs. Ann Smith Presiding Judge Mr. Saint Smith Alternate Presiding Judge No. 2 Smithfield Fire Station #1 Mrs. J. F. Hewitt Presiding Judge Mr. Vernon Sampley Alternate Presiding Judge There shall be 5 clerks for each election precinct, to be · appointed by the Presiding Judge for each such precinct. Section 3. That said election shall be held in accordance with the Constitution and laws of the State of Texas, and all duly qualified resident electors of the City of North Richland Hills of Tarrant County, Texas shall be qualified to vote. Section 4. That the ballots of said election shall conform to the requirements of Section 2, Subsection G, of Article l066c, Vernon's Texas Civil Statutes (Acts 1967, 60th Legis- lature, Regular Session, Chapter 36, Page 62), and to the require- ments of Chapter 6 of the Election Code of the State of Texas, as amended, and the language to be printed thereon shall include the following: · ~ ~ . OFFICIAL BALLOT INSTRUCTIONS: Place an "X" in the square beside the statement indicating the way you wish to vote. FOR adoption of a one percent (l%) local sales and use tax within the city. 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 (Section 2 of House Bill 181, Acts 1967, 60th Legislature, Regular Session, Chapter 452, Pages 1026, 1028), which provides that a square shall be placed beside each pro- position in which the voter is instructed to place an "X" or other clear mark to indicate the way he wishes to vote; but which also provides 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 is clearly ascertainable, except where the law expressly 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 which he does not wish to vote. . ~ ~ r- · · · ~ ~ , .. Section 6. That notice of the election hereby ordered and called shall be given: (a) by publication on the same day of two successive weeks in a newspaper having general circu- lation within said City of North Richland Hills, the date of the first publication to be at least twenty-one (21) days prior to the date set herein for such election; and (b) by posting of such notice at the polling place in each of the election precincts of the City of North Richland Hills not less than twenty (20) days prior to the date set herein for such election. It is hereby found and determined that there is no newspaper of general circulation which is published within said City of North Richland Hills; and it is hereby found and determined that the Mid-Cities Daily News published in Hurst, Texas, is a newspaper having general circulation within the City of North Richland Hills of Tarrant County, Texas. Section 7. An emergency hereby exists necessitating this ordinance to be passed on the first reading and this ordinance shall be effective immediately upon passage. PASSED AND APPROVED, this 2Sth day of July 1969. ATTEST: /¡¡;~~_ ß //~ C~y s~c~' ~ ---:1 EVALYN R. HUSTON Cq~ER~ MAYOR ~ -, AFFIDAVIT OF POSTING NOTICES . OF SPECIAL ELECTION THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Evalyn Huston, City Secretary of the City of North Richland Hills, Texas, who, being by me duly sworn, upon oath deposes and says: Tha t on the 3rd day of August , 19.!t1.-, she caused to be posted a true and correct copy of the attached and foregoing NOTICE OF SPECIAL ELECTION AND ORDINANCE CALLING SPECIAL ELECTION on the question of the adoption of a One Percent (1%) Local Sales and Use Tax within said City. . at the following polling places within each of the election precincts of said City, to-wit: Precinct Polling Place No. 1 City Hall No. 2 Smithfield Fire Station #1 and that said notices were posted in a conspicuous public place for at least twenty days prior to SWORN TO AND SUBSCRIBED BEFORE ME this 20th day of August , 19 69 . }.{J~;:!LjI.iJ~ Notary Public in and for Tarrant County, Texas . ~ ~ LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT Before me, the undersigned authority on this day personally appearedEleanor Lew1~nown to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper Mid ~ities Daily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulatiùh in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Legal Notice and that he caused said notice to be . . . 8/3/69 publIshed In saId newspaper on the following date/so 8/10/69 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid Cities Daily News ~/~. Sworn to and subscribed before me, this th&.st day of Sep~ 196-9- Nota PubUc,Tarrant County, Texas . .... ~ ATTACH LEGAL COPY HERE LEGALNOT"ICES , ' A SPECIAL. ELECfION TO BE HELD IN THE. CITY OF NOR.T~ RICHLAND HILLS OF . TARRANT COUNTY, ,TEXAS,'ON ~E QUESTION OF THE ADOPTION OF A ONE PER. CENT . '<1 PER CENT) LOCAL SALES AND. THE USE TAX WITHIN THE CITY; DESIGNATING THE DAY OF THE ELECTION AND THE POLLING PLACES; APPOINTING ELECTION OFFICIALS THEREFOR: PROVIDING THAT ALL DULY QUALI- FIED RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE; . PRESCRIBING FORM .OF BALLOT; PRO- VIDING FQR NOTICE OF ELECTION; CONTAINING OTHER PROVISIONS RE- LATING TO SAID EL~C-' TION; PROVIDING FOR SEVERABILITY; AND DE- CLARING AN EMERGENCY. WHEREAS, ArtiCle 1066c, Vernon's Texas Civil Stàtutes (Acts 1967 ,60th. Legislature, Regular. session, Chapter 36, Page 62) authorizes the gov- erning body of any city, town or village in Texas to call an election for the purpose of adOpting a local sales and use tax within such city, town or 'vil1age;Now Therefore, BE IT ORDAINED BY THE 'CITY COUNCIL OF THE CITY OF NORTH'RICHLAND HILLS OF TARRANT COUN- TY, TEXAS: Section 1., That a special election shall' be held in and throughout the City of North Rich1and Hills of Tarrant County, Texas, on the 26th day of August, 1969, at which elec- tion there shall be submitted to the resident qualified voters of said City of North Richland Hills, fOr their action there- upon, the following proposi- tions; . I "FOR adoption of a one per cent (1 per cent) local sales and use tax within the city." "AGAINST adoption of a one per cent (1 per cent) local saleí and use tax within the' city." , . Section 2. 111at said election shall be beld in each of the election precincts. with said City. of Norti1 RictilandHiDs., ~~e~: .~~Pt.re the law express- ly prohibits the counting of·"the , ballot. It Is specifically provid- ed that' thee1eetion officeu shal1,Mt··r4!fu8e to"côunta bal- lot because of the voter's hav~ ing marked his . ballot by scratching. out the statement of· proposition for which he does not wish to vote. Section 6. That notice of the election hereby ordered and called shall be given: (a) by publication on the same day of two suécessive weeks in a newspaper havihg general cir- culation . within said City of North Richiand Hills; the date of the first publication to be at least twenty -one (21) days prior to the date set herein for such election; and (b) by Post- Ing of such notice at the poll- ing place in each of the elec- tion precincts of the City of North Richland Hills not less than twenty (20). days prior to the date set herein for such election. It is' hereby found and determined that there is no newspaper of general cir- culation . which is published within said City· of North Rich- . land HiUs; and it is hereby found ¡md determined thai the Mid - Cities Daily News published in Hurst, Texas, is a newspaper having generAl cir- qulation within . the . City of North Richland HÜls of Tar- rant County, Texas. Section 7: An emergency hereby exists necessitating this ordinance to be passed on the first r~ anQ. Ìhis ordi- . nance shall be effective immediately upon passage. PASSED AND APPROVED, this 28 day of July f 1969. Calvin F.' Luper A'M'EST: EvalynR. Huston " City .secretary . MC LEGAL NO. 4025 PUBLI$JI.8:3-69,.8-10089