HomeMy WebLinkAboutOrdinances (O-70-10)-08/20/1970
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ORDINANCE NO. 0-70-10
AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE
HELD IN THE TOWN OF COLLEYVILLE, TEXAS, ON THE
QUESTION OF THE ADOPTION OF A ONE PER CENT (1 %)
LOCAL SALES AND USE TAX WITHIN THE TOWN; DESIG-
NATING THE DAY OF THE ELECTION AND THE POLLING
PLACE; APPOINTING ELECTION OFFICIALS THEREFOR;
PROVIDING THAT ALL DULY QUALIFIED RESIDENT ELEC-
TORS SHALL BE QUALIFIED TO VOTE; PRESCRIBING
FORM OF BALLOT; PROVIDlliG FOR NOTICE OF ELEC-
TION; CONTAINING OTHER PROVISIONS RELATING TO
SAID ELECTION; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EMERGENCY.
WHEREAS, Article 1066c, 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 TOWN OF COLLEYVILLE, TARRANT
COUNTY, TEXAS, THAT:
SECTION 1.
That a special election shall be held in and throughout the Town
of Colleyville, of Tarrant County, Texas, on the -.!2..tHay of September,
1970, at which election there shall be submitted to the resident qualified
voters of said Town of Colleyville, for their action thereupon, the following
propositions:
FOR adoption of a one per cent (1 %) local sales and use
tax within the town.
AGAINST adoption of a one per cent (1%) local sales and
use tax within the town.
ORDINANCE NO. 0-70-10
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SECTION II.
That said election shall be held at one polling place for all
qualified voters of said Town, and the polling place and presiding
officers for said election shall be, to-wit:
Polling Place
Fire Hall, Colleyville, Texas
Presiding Officers
Mar.,. Hays
Nadine Fry
Presiding Judge
.
Mr . J. O. 'At'" AY
Alternate Presiding Judge
The Presiding Judge at such election shall appoint three (3)
clerks.
SECTION ill.
That said election shall be held in accordance with the Consti-
mtion and laws of the State of Texas, and all duly qualified resident
electors of the Town of Colleyville, Texas, shall be qualified to vote.
SECTION IV.
That the ballots of said election shall conform to the require-
ments 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 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.
O FOR adoption of a one per cent (1 %) local sales and
use tax within the Town.
O AGAINST adoption of a one per cent (1 %) local sales
and use tax within the Town.
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SECTION V.
That election judges and clerks are directed to comply with
Article 6.06, Election Code of the State of Texas, as amended (Sec-
tion 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 proposition to which the voter is instructed to place
an "XII or other clear mark to indicate the way he wishes to vote; but
which also provides that failure of a voter to make 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 as-
certainable, 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 r s having marked his ballot
by scratching out the statement of proposition for which he does not
wish to vote.
SECTION VI.
That notice of the election hereby ordered and called shall be
given by publication on the same day of two successive weeks in a
newspaper having general circulation within sat d Town of Colleyville,
the date of the first publication to be at least fourteen (14) days prior
to the date set herein for such election. It is hereby found and deter-
mined that there is no newspaper of general circulation which is pub-
lished within said To"WIl of Colleyville; and it is hereby found and deter-
mined that the Star Telegram published in Fort Worth, Texas, is a news-
paper having general circulation within the Town of Colleyville, Texas.
SECTION VII.
Should any section, sentence, clause or phrase of this Ordinance
be held to be invalid by the Courts of this State for any reason, such
holding shall not be construed so as to affect any other section, sentence,
clause or phrase hereof, it being the intent that all other sections, sen-
tences, clauses, and phrases hereof shall stand, notwithstanding any
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such invalidity, and the Council declares that it would, nevertheless,
have adopted all other such parts and portions of this Ordinance.
SEC TION VIII.
The fact that Colleyville has no Ordinance providing for a
one per cent (1%) local sales and use tax and that it would be to the
interest and benefit of the citizens of the Town of Colleyville creates
an emergency and imperative necessity requiring the suspension of
any rule that requires that ordinances should be read at three separate
meetings of the Council, and such rule is hereby suspended and this
Ordinance shall be effective from and after its passage and publica-
tion as required by law.
PASSED AND APPROVED this .2QJ;J:lday of Augus t
1970.
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MAYOR
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ATTEST:
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APPROVED AS TO LEGALITY
AND FORM
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TOWN ATTORNEY