Ord. 0682 11-14-94 Call PEDC ElectionORDINANCE NO. 682
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ORDERING A SPECIAL ELECTION ON ADOPTION OF AN
ADDITIONAL ONE-HALF OF ONE PERCENT (ONE-HALF [1/2] CENT)
SALES AND USE TAX WITHIN THE CITY OF PEARLAND TO BE USED
BY A CITY INDUSTRIAL DEVELOPMENT CORPORATION FOR THE
PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS
ENTERPRISES AND ANY OTHER PURPOSE AUTHORIZED BY SECTION
4B, ARTICLE 5190.6, V.T.C.S., AS AMENDED, (THE
DEVELOPMENT CORPORATION ACT OF 1979); PROVIDING FOR THE
LOCATION OF POLLING PLACES, PROVIDING FOR NOTICE OF
ELECTION AND ORDAINING OTHER RELATED MATTERS.
WHEREAS, pursuant to Section 4B(d), Development Corporation
Act of 1979 (Article 5190.6, V.T.C.S.), the City Council is
authorized to call a Special Election on the adoption of an
additional one-half of one percent (one-half [1/2] cent) Sales and
Use Tax within the City to be used by a city industrial development
corporation for the promotion and development of new and expanded
business enterprises and all other purposes authorized by Section
4B, Development Corporation Act of 1979 (Article 5190.6, V.T.C.S.);
and
WHEREAS, the City Charter of the City of Pearland and the laws
of the State of Texas provide that the Election Code of the State
of Texas is applicable to said Special Election; and
WHEREAS, the City Council desires to call a Special Election
upon the adoption of such additional Sales and Use Tax; therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. A Special Election is hereby ordered in accordance
with the Texas Election Code to be held within the City of
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Pearland, Texas, on Saturday, January 21, 1995, from 7:00 A.M. to
7:00 P.M., in Brazoria County Election Precincts 12, 26, 28, 29,
31, 36, 40, 46, 47, 51, 58, and 61 and Harris County Election
Precinct 537, at the Melvin Knapp Activity Building, 2425 S. Grand
Blvd., Pearland, Texas.
Section 2. In accordance with the Texas Election Code, the
following proposition shall be submitted by official ballot to the
resident qualified voters of the City of Pearland, Texas, who are
eligible to vote:
Proposition
The adoption of an additional one-half cent (1/2G) Sales
and Use Tax within the city to be used by a city indus-
trial development corporation for the promotion and
development of new and expanded business enterprises and
any other purpose authorized by Section 4B, Article
5190.6, V.T.C.S., as amended, (The Development Corpora-
tion Act of 1979), including but not limited to land,
buildings, equipment, facilities and improvements found
by the board of directors of the city's industrial
development corporation to: (a) be required or suitable
for use for professional and amateur (including
children's) sports, athletic, entertainment, tourist,
convention, and public park purposes and events, includ-
ing stadiums, ball parks, auditoriums, amphitheaters,
concert halls, learning centers, parks and park facili-
ties, open space improvements, municipal buildings,
museums, exhibition facilities, and related store,
restaurant, concession, and automobile parking facili-
ties, related area transportation facilities, and related
roads, streets, and water and sewer facilities, and other
related improvements that enhance any of those items; or
(b) promote or develop new or expanded business
enterprises, including a project to provide public safety
facilities, streets and roads, drainage and related
improvements, demolition of existing structures, general
municipally owned improvements, as well as any improve-
ments or facilities that are related to any of these
projects and any other project that the board in its
discretion determines promotes or develops new or
expanded business enterprises; or (c) pay the principal
of, interest on, and other costs relating to bonds or
other obligations issued by the industrial development
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corporation to pay the costs of the projects, including
maintenance and operation costs, or to refund bonds or
other obligations issued to pay the costs of projects.
Section 3. Immediately below the proposition there shall be
printed the words, one above the other, as follows, so as to permit
the electors to vote "FOR" or "AGAINST" the proposition, with the
ballots to contain such provisions, markings and language as
required by law:
"FOR"
"AGAINST"
Section 4. Inez Farmer is hereby appointed as Presiding Judge
of said Special Election and Oleta Hawkins as Alternate Presiding
Judge. The Presiding Judge shall appoint the necessary clerks to
assist her which shall be not less than two (2) nor more than seven
(7). Notice of appointment of Presiding Judge shall be in
accordance with Section 32.009 of the Texas Election Code.
Section 5. In accordance with the Texas Election Code, early
voting by personal appearance shall be conducted each weekday
between the hours of 8:00 A.M. and 5:00 P.M. at Pearland City Hall,
3519 Liberty Drive, Pearland, Texas. The period for early voting
by personal appearance shall begin on the 20th day before election
day and continue through the fourth day before election day. If
the 20th day for beginning the period of early voting is a
Saturday, Sunday, official city holiday, or legal state holiday,
the period will begin on the next regular business day. The above
designated place for early voting is also the early voting clerk's
mailing address to which ballot applications and ballots voted by
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mail may be sent. Late voting by sick or disabled voters after
close of regular early voting period shall be in accordance with
Chapter 102 of the Texas Election Code.
Section 6. The City Secretary is hereby appointed Clerk for
early voting and Sharon Parks and Tommie Jean Vial are hereby
appointed Deputy Clerks for early voting.
Section 7. In accordance with the Texas Election Code, it is
hereby determined that electronic voting systems shall be used in
said Special Election for all voting, including early voting by
personal appearance and by mail. Inez Farmer is hereby appointed as
the Presiding Judge of the Early Voting Ballot Board and shall
appoint the necessary clerks to assist her which shall be not less
than two (2).
Section 8. Notice of this Special Election shall be given in
accordance with the terms and provisions of Chapter 4 of the
Election Code and the City Secretary is hereby instructed to have
said notice posted and/or published in accordance with Chapter 4.
Section 9. Immediately after the Special Election is held,
the officer holding the same shall make known results of the
returns thereof to the Mayor in accordance with the Texas Election
Code.
Section 10. The City Secretary is hereby authorized and
instructed to provide and furnish all necessary election supplies
to conduct said Special Election.
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ORDINANCE NO. 682
PASSED and APPROVED on first reading this
ATTEST:
Pat Jones, `# y Secretary, TRMC
A. D., 1994.
day of
PASSED and APPROVED on second and final reading this o , day
ATTEST:
, A. D., 1994.
Pat Jones, Cy Secretary, TRMC
APPROVED AS TO ORM:
C. V. Coppinger, Mayor
Mite- Mc •' lloug', "ity A orney
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