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HomeMy WebLinkAboutRES 092104-B - Canvass Special ElectionRESOLUTION NO. 0 9 Z.% °Y A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OF GEORGETOWN SPECIAL ELECTION HELD ON SEPTEMBER 11, 2004 AND ORDERING THE ADOPTION OF NEW SECTION 4.16.050 OF THE CITY CODE OF ORDINANCES PERTAINING TO TAX LIMITS FOR PERSONS 65 YEARS OF AGE OR OLDER OR DISABLED PERSONS, IN ACCORDANCE WITH THE RESULTS OF THE ELECTION. WHEREAS, on January 1, 2004, an 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 determine by majority vote whether to establish a tax limitation for homeowners who are either disabled or age 65 or older (Tex. Const. Art 8, § 1-b(h); 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, on June 8, 2004, by resolution No. 060804-N, the City Council of the City of Georgetown, Texas called a special election for 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 ("Proposition 13");" and WHEREAS, the special election on the measure was held on September 11, 2004; and WHEREAS, the City Council has investigated all matters pertaining to said election, including the ordering, giving notice, holding and making returns of said election; and WHEREAS, the election officers who held said special election have prepared the returns of the results thereof and the returns have been delivered to the City Council; and WHEREAS, it appears from the returns, duly and legally made, that the following votes were cast on measure: For: 4,747 Against 1,442 WHEREAS, in accordance with the provisions of the Texas Constitution and the City Charter, the City Council further orders that the results of the election be implemented and that the City Code be amended to reflect the passage of the measure Canvass of Special Election on September 11, 2004 And Order Implementinp Meacire Resolution No 0 947610 Page 1 of 4 Pages NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS, THAT: SECTION I. The City Council officially finds and determines that the September 11, 2004 special election was duly called; that proper notice of the election was given in accordance with law; that the election was held in accordance with law; that returns of the results of the election have been made and delivered, and that the City Council has canvassed the returns, all in accordance with the law and the resolution calling the election. SECTION II. It appears from said returns, duly and legally made, that the proposition to limit ad valorem taxes for persons 65 and older and for disabled persons as allowed by law was approved by a majority of the voters. SECTION III. In accordance with the results of the Special Election held on September 11 2004, Section 4.16.050 of the City of Georgetown Code of Ordinances is hereby adopted and shall provide as follows: Section 4.16.050 Tax Limit for Persons Aged 65 and Older or Disabled A. Except as otherwise provided by law, the City may not increase the total annual amount of ad valorem taxes the City imposes on the residence homestead of a person who is disabled or who is sixty five (65) years of age or older above the amount of taxes that the City imposed on the residence homestead in the first tax year (other than a tax year prior to tax year 2004) in which the individual qualified that residence homestead for either the homestead exemption for disabled persons (Tax Code § 11 13(c)) or the homestead exemption for persons 65 years of age or older. For individuals who are disabled or are 65 years of age or older and who have established a residence homestead in the City for tax year 2004, this Section is effective for tax year 2004. For all other individuals, this Section is effective in the first tax year after 2004 in which the individual qualifies a residence for either the homestead exemption for disabled persons (Tax Code Section 11.13(c)) or the homestead exemption for persons 65 years of age or older C. The provisions of this Section are adopted in accordance with the results of a special election held on September 11 2004 and called pursuant to a valid petition received from the requisite number of qualified voters as authorized by Tex. Const. Art. VIII, § 1-b(h). D. The provisions of this Section shall be administered in conformance with Tex. Const. Art VIII, § 1-b(h) and Tex Tax Code § 11.261, as the same may be amended from time to time. Canvass of Special Election on September 11, 2004 And Order Implementing Meas`'re Resolution No. O9G_ Page 2 of 4 Pages attest. E If any provision of this Section is deemed to be inconsistent with State or Federal law State or Federal law shall control A determination of invalidity or unconstitutionality by a court of competent jurisdiction of any clause, sentence, paragraph, or part of this Section shall not affect the validity of the remaining parts of this Section. SECTION IV. The Mayor is authorized to sign this Resolution and Order and the City Secretary to SECTION V. It is further found and determined that in accordance with the order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located outside of City Hall, a place convenient and readily accessible to the general public, and said notice was posted and remained posted continuously for at least 72 hours preceding the scheduled time of the meeting. A copy of the posting shall be attached to the minutes of this meeting and shall be made a part thereof for all intents and purposes. PASSED, APPROVED, and ORDERED on this 21st day of September, 2004. Attest: Sandra D. Lee City Secretary Approved as to form: -6 ";:--Y6? Patricia E Carls City Attomey Canvass of Special Election on September 11, 2004 And Order Implementing Mea ur Resolution No. O./0 Page 3 of 4 Pages