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HomeMy WebLinkAboutRES 060804-N - Order Special ElectionRESOLUTION NO. 047010?-4/ A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 11, 2004, FOR THE PURPOSE OF SEEKING VOTER RESPONSE TO A PROPOSITION PROVIDING: "THAT THE TOTAL AMOUNT OF AD VALOREM TAXES IMPOSED BY THE CITY OF GEORGETOWN, TEXAS ON THE HOMESTEAD OF A PERSON WHO IS DISABLED OR IS SIXTY-FIVE (65) YEARS OF AGE OR OLDER MAY NOT BE INCREASED WHILE IT REMAINS THE RESIDENCE HOMESTEAD OF THAT PERSON OR THAT PERSON'S SPOUSE WHO IS DISABLED OR SIXTY-FIVE (65) YEARS OF AGE OR OLDER EXCEPT FOR ANY INCREASES THAT MAY BE ALLOWED BY THE TEXAS TAX CODE SECTION 11.261, AS AMENDED FROM TIME TO TIME"; PROVIDING FOR THE CITY TO CONTRACT WITH THE WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR TO CONDUCT SAID ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 1, 2004, a new amendment to the Texas Constitution became effective providing that, on receipt of a petition signed by five percent (5%) of the registered voters of a city, the governing body shall call an election to deteiiuine by majority vote whether to establish a tax limitation for homeowners who are either disabled or age 65 or older (see Tex. Const. Art 8, § 1-b(h) attached hereto as Exhibit "A'); and WHEREAS, on May 25 2004 a petition was filed with the City Secretary of the City of Georgetown requesting that an election be called for the purpose of determining, by majority vote, whether to adopt a limitation on ad valorem taxes for homesteads of persons in the City of Georgetown that are disabled or aged 65 or older as allowed by Tex. Const. Art. 8 § 1-b(h); and WHEREAS, the City Secretary has determined that the petition is sufficient and meets all the requirements imposed by law for such instruments (see Certification of City Secretary attached hereto as Exhibit "B ); and WHEREAS, at its regular meeting on June 8, 2002, the Georgetown City Council determined that the issue presented in the petition should be put to the voters as authorized by Tex. Const. Art. 8, § 1-b(h); and WHEREAS, this election is called in accordance and in compliance with the provisions of the Texas Election Code and the City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1 VERIFICATION OF FACTS The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Special Election Resolution No. ©(s 07 ©y — Page 1 of 3 SECTION 2 - CONFORMANCE WITH CENTURY PLAN The City Council has found that this action implements Governmental Affairs Focus End 15.01 of the Century Plan - Policy Plan Element, which states: "All citizens actively participate in governmental functions," and has found that this action is not inconsistent or in conflict with any other Century Plan Policies as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 3 - CONDUCT OF ELECTION By approval of this ordinance, the City Council agrees to hire John Willingham, Williamson County Elections Administrator, to conduct the City of Georgetown Special Election. A copy of the Election Services Contract is attached hereto as Exhibit C. " SECTION 4 - EARLY VOTING The Williamson County Voter Registrar is hereby appointed as Clerk for Early Voting. Early voting by personal appearance shall take place at the times and locations as indicated on the attached Exhibit "D" marked as Early Voting Polling Times and Locations for the City of Georgetown Special Election. „E Applications for ballot by mail shall be mailed to: John Willingham Williamson County Elections Administrator P. O. Box 209 Georgetown, Texas 78627-0209 SECTION 5 - ELECTION DAY VOTING Election Day voting will be held from 7:00 a.m. to 7:00 p.m. at the locations listed on attached Exhibit SECTION 6 - ELECTION JUDGES, CLERKS AND EARLY VOTING BALLOT BOARD A. The City Council shall appoint the election judges and clerks at a later date as required by law. B. The City Council shall appoint an early voting ballot board at a later date as required by law. SECTION 6 - PROPOSITION AND BALLOT Pursuant to Tex. Const. Art. 8, § 1-b(h), this election shall be held to determine citizen approval for providing that the total amount of ad valorem taxes imposed by the City of Georgetown, Texas on the homestead of a person who is disabled or is sixty-five (65) years of age or older may not be increased while it remains the residence homestead of that person or that person's spouse who is disabled or sixty-five (65) years of age or older. Special Election Resolution No. 0(' otot -1 ( Page 2 of 3 The official ballots for the election shall be prepared in accordance with the Texas Election Code so as to peiniit the electors to vote "FOR" or "AGAINST" the following PROPOSITION, with the ballots to contain such provisions, markings, and language as required by law, and with such PROPOSITION to be expressed as follows: PROPOSITION THAT THE TOTAL AMOUNT OF AD VALOREM TAXES IMPOSED BY THE CITY OF GEORGETOWN, TEXAS ON THE HOMESTEAD OF A PERSON WHO IS DISABLED OR IS SIXTY-FIVE (65) YEARS OF AGE OR OLDER MAY NOT BE INCREASED WHILE IT REMAINS THE RESIDENCE HOMESTEAD OF THAT PERSON OR THAT PERSON'S SPOUSE WHO IS DISABLED OR SIXTY-FIVE (65) YEARS OF AGE OR OLDER EXCEPT FOR ANY INCREASES THAT MAY BE ALLOWED BY THE TEXAS TAX CODE SECTION 11.261, AS AMENDED FROM TIME TO TIME. SECTION 7 - VOTING DEVICES Voting shall be conducted with optical scan ballots prepared in conformity with the Texas Election Code. The City may also utilize a central counting station as provided by Section 127.000 et seq., as amended, Texas Election Code, and the Williamson County Voter Registrar is designated the manager of such station. SECTION 8 - RESULTS 1'he Williamson County Voter Registrar shall conduct an unofficial tabulation of results after the closing of the polls of the Special Election on September 11, 2004. The official canvass and tabulation of the results of the Special Election shall be conducted by the City Council as required by law. SECTION 9 - EFFECTIVE DATE The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. RESOLVED, this 8th day of June, 2004. AI 1EST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, Brown & Carls, LLP City Attorney THE CITY OF GEORGETOWN By: G < Nelon,`Mayor Special Election Resolution No. 04.0 f ofia Al Page 3 of 3 Exhibit "A" Texas Constitution Art 8, § 1-b(h) (h) The governing body of a county, a city or town, or a junior college district by official action may provide that if a person who is disabled or is sixty-five (65) years of age or older receives a residence homestead exemption prescribed or authorized by this section, the total amount of ad valorem taxes imposed on that homestead by the county, the city or town, or the junior college district may not be increased while it remains the residence homestead of that person or that person's spouse who is disabled or sixty-five (65) years of age or older and receives a residence homestead exemption on the homestead. As an alternative, on receipt of a petition signed by five percent (5%) of the registered voters of the county, the city or town, or the junior college district, the governing body of the county, the city or town, or the junior college district shall call an election to determine by majority vote whether to establish a tax limitation provided by this subsection If a county, a city or town, or a junior college district establishes a tax limitation provided by this subsection and a disabledperson or a person sixty-five (65) years of age or older dies in a year in which the person received a residence homesteadexemption, the total amount of ad valorem taxes imposed on the homestead by the county, the city or town or the junior college district may not be increased while it remains the residence homestead of that person's surviving spouse if the spouse is fifty-five (55) years of age or older at the time of the person's death, subject to any exceptions provided by general law. The legislature, by general law, may provide for the transfer of all or a proportionate amount of a tax limitation provided by this subsection for a person who qualifies for the limitation and establishes a different residence homestead within the same county, within the same city or town, or within the same junior college district. A county, a city or town, or a junior college district that establishes a tax limitation under this subsection must comply with a law providing for the transfer of the limitation, even if the legislature enacts the law subsequent to the county's, the city's or town's, or the junior college district's establishment of the limitation. Taxes otherwise limited by a county, a city or town, or a junior college district under this subsection may be increased to the extent the value of the homestead is increased by improvements other than repairs and other than improvements made to comply with governmental requirements and except as may be consistent with the transfer of a tax limitation under a law authorized by this subsection The governing body of a county, a city or town, or a junior college district may not repeal or rescind a tax limitation established under this subsection. e, . 0410804-W EJK ;bit 44 t, DATE: TO. FROM: SUBJECT: GeorgetoCO wn MEMORANDUM June 4, 2004 Mayor and Councilmembers Sandra Lee, City Secretary Certification of Proposition 13 Petitions exh;bie 48'1 The State of Texas County of Williamson City of Georgetown follows: The undersigned City Secretary of the City of Georgetown, Texas (the "City") hereby certifies as 1. Petitions requesting that the City Council call an election to determine by majority vote whether to establish an ad valorem tax limitation for homeowners who are either disabled or age 65 or older, pursuant to Texas Constitution Art. 8, § 1-b(h), (the "Proposition 13 Petitions") were presented to the City Secretary at the City Council Meeting on May 25, 2004. 2. Pursuant to Article 8, Section 1-b (h) of the Texas Constitution, it has been determined that signatures of five percent (5%) of the registered voters of the City (i.e., 943) were required in order for the Proposition 13 Petitions to be valid. 3. Upon review of the Proposition 13 Petitions, which are incorporated herein by reference, it has been determined that sufficient valid signatures were contained in the petitions to require the calling of a Proposition 13 Election. 3. By letter dated June 4, 2004, a copy of which is attached as Exhibit A, Mr. Jack Stroobandt, representing the petitioners, was notified that the Proposition 13 Petitions were found to be valid and contained the requisite number of signatures to require a Proposition 13 Election. 4. By this memorandum, I certify that the Petitions for a Proposition 13 Election, described and referenced herein, are sufficient and are in compliance with state law. SIGNED ND SEALED this the 4th day of June, 2004. Sandra D.. Lei City Secrgtahy: _.. • 4 o:del Q.< <<,0 • • ." rT I2.rf rr CITY OF • i !' • FOUNDED IN IB48 June 4, 2004 Mr. Jack Stroobandt 102 Wild Plum. Circle Georgetown, Texas 78628 Re: Petitions Calling for an Election Regarding Proposition 13 • Dear Mr. Stroobandt, • BY CERTIFIRD MAIL: 7002 0860 0002 2780 9418 Exhib;l !f4 Ex4;b •f According to Article 8, Section 1-b (h) of the Texas Constitution, I have determined that the petitions presented to me at the City Council Meeting on May 25, 2004, have been found to be sufficient. The City Council will be provided with a Memorandum of Certification at their regular Council Meeting on Tuesday, June 8, 2004, and will be asked to order the election to be held on Saturday, September 11, 2004. Please contact me if you have any questions. • Sincer y, Sandra D. Lee City Secretary sdl • • 'CITY HALL • 1 1 3 EAST 8TH STREET POST OFFICE fax 409 • GEORGETOWN, TEXAS 78627-0409 • 512/930-3652 • FAX: 51 2/930-3622 ©709-- i/ rr r1 " ,C L , rA1'4 Exhibit "C" ELECTION SERVICES CONTRACT This contract is entered into between the WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR, hereinafter referred to as Administrator, the CITY OF GEORGETOWN, hereinafter referred to as City, acting by and through its City Council. The City is entering into this contract to secure election services from the Administrator for a Special Election to be conducted on September 11, 2004, and in connection therewith the City and. the Administrator do hereby agree as follows: 1. The Administrator shall be responsible for providing the following services: a. Procuring, allocating, and distributing all election supplies, including coordination of ballot printing; b. Arranging for election officers and personnel necessary to conduct the joint election on September 11, 2004, including personnel to conduct the verification count after the election; c. As the Early Voting Clerk for the joint election, making arrangements for locations and clerks, providing modems and terminals if requested, and conducting early voting by mail; d. Arranging for election day polling locations and providing appropriate number of voting booths; e. Providing pre -locked, pre -sealed ballot boxes; f. Testing of tabulation of equipment; g. Keeping the Administrator's office open on election day from 7 a.m. until all work is completed and providing assistance to election workers and the public on election day; h. Operating the central counting station in the Williamson County Annex on election day and providing tabulations to each entity by , 2004; i. Submitting to entities within 45 days a statement of costs payable based on use of combined ballots, polling places, supplies, programming, etc , with costs to be allocated in proportion to each entity's actual share of expenses; costs to be itemized and based on actual invoices or other appropriate documents; j. Serving as agent to the Custodians of election records for the purpose of securing and storing voted ballots; k . Conducting election schools for early voting and election day clerks. The City shallbe responsible for the following actions: Authorizing the number of ballots to be ordered for election day and early voting; b. Paying election workers and polling place expenses, including furniture rental, if any, at a rate proportional to each entity's use of' a polling place; c. Paying Williamson County an administrative fee not to exceed 10 percent of the actual cost of the election; d. Preparing and submitting to the U.S. Department of Justice any changes to voting practices or procedures; f. Appointing by the action of its governing body all election judges and alternates and designating polling places for the election including early voting locations; g. Appointing Administrator as Early Voting Clerk for the election and manager of the Central Counting Station, and forwarding any ballot by mail applications to Administrator; h Appointing Administrator as agent to Custodians of Election Records for the joint election; i. Paying an advance to Administrator (County) equal to 70% of the estimated cost of the election no later than 45 days before the election date. j. Paying the costs of the joint election within 30 days of the date on which City receives the statement of costs from Administrator. 3. It is agreed by the City and the Administrator that if an election is called by an entity other than the City for September 11, 2004 and the Administrator enters into a contract to administer that election, then the costs of the joint election shall be shared by the City and the other entity(ies). To that end, it is agreed that the Contract may be amended or replaced to reflect the shared costs of a joint election. 4. In connection with the perfoiniance of this contract, neither Williamson County nor the Administrator shall be liable to third parties for any default of the City in connection with the holding of the joint election, including the failure by the City to pay any expenses hereunder, and such the City shall not be liable to third parties for any default of the Administrator in connection with the holding of the joint election. 5 This contract shall be constructed under and in accordance with the laws of the State of Texas. 6. In case any one or more of the provisions contained in this contract for any reason shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or ex, oso4/- unenforceability shall not affect any other provisions hereto, and this contract shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 7. No amendment, modifications, or alteration of the term hereof shall be binding unless the same is in writing, dated subsequent to the date of this contract and duly executed by the parties hereof. This contract is effective on the day of , 2004. APPROVED AND AGREED TO: CITY OF GEORGETOWN, TEXAS Attest: Gary Nelon Sandra D Lee, City Secretary Mayor, City of Georgetown Approved as to form: Patricia E Carls, Brown & Carls, LLP City Attorney WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR: John Willingham Williamson County Elections Administrator 04, © a 1- N 3fe �1 7( 43 Exhibit "D" Early Voting Polling Times and Locations Special Election September 11, 2004 Early Voting by personal appearance will be conducted beginning on August 25, 2004 and ending on September 7, 2004 as follows: Location Times Dates Williamson 710 Georgetown, Main Street County Texas Courthouse Between the hours of 8:00 a.m. Each weekday and 5:00 p.m. beginning 2004 September and August ending 7, 2004 25, Georgetown ISD Between the hours of 8:00 a.m. Each weekday Administration 603 Lakeway Drive Building and 5:00 p.m. beginning August 25, 2004 September and ending 7, 2004 Georgetown, Texas Between the hours of 9:00 a.m. Each Saturday during beginning and 1:00 p.m. the period August ending 2004 25, September 2004 and 7, Between the hours of 1:00 p.m. Each Sunday during beginning and 5:00 p.m. the August ending period 25, September 2004 and 7, 2004 5. 4 Exhibit "E" Election Day Voting Polling Times and Locations Special Election September 11, 2004 Times: 7:00 a.m. to 7:00 p.m. on September 11, 2004 LOCATION OF POLLING PLACES Polling Place "1": For County Precincts 142, 168, 314, 357, 367, 370 Williamson County Courthouse, 710 Main Street, Georgetown Polling Place "2" For County Precincts 343, 345, 369 Georgetown Post Office, 2300 Scenic Drive, Georgetown Polling Place "3": For County Precincts 301, 302, 305, 332, 371, 379 GISD Administration Building, 603 Lakeway Dr., Georgetown Polling Place "4": For County Precincts 381, 310 Sun City Social Center, 2 Texas Drive, Georgetown