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HomeMy WebLinkAboutORD 2022-56 - Taxes for Street MaintenanceORDINANCE NO. ?-OZ Z -5o An Ordinance of the City Council of the City of Georgetown, Texas Ordering a Special Election to be held on November 8, 2022, for the Purpose of Seeking Voter Response to the Proposition of "The Reauthorization of the Local Sales and Use Tax in the City Of Georgetown, Texas, at the Rate of One -Fourth of One Percent to Continue Providing Revenue for Maintenance and Repair of Municipal Streets;" Providing for the City to Contract with the Williamson County Elections Administrator to Conduct Said Election; Making Other Provisions Relating to the Election; and Providing an Effective Date. WHEREAS, Chapter 327 of the Texas Tax Code authorizes a municipality to adopt and reauthorize a sales and use tax by an election held in the municipality; WHEREAS, pursuant to Chapter 327 of the Texas Tax Code, revenue from this sales and use tax may only be used to maintain and repair municipal streets or sidewalks existing on the date of the election not adopt the tax; WHEREAS, per Ordinance No. 2002-56, the City Council ordered a Special Election to adopt a Local Sales and Use Tax in the City of Georgetown at the rate of one-fourth of one percent to provide revenue for maintenance and repair of municipal streets; WHEREAS, pursuant to an election called by the City Council, on November 5, 2002, the citizens of Georgetown approved, by a majority vote, a proposition stating that the sales and use tax should be one -quarter of one percent to support street maintenance as authorized by Chapter 327 of the Texas Tax Code; WHEREAS, Section 327.007 of the Texas Tax Code provides that, unless reauthorized, the sales and use tax expires on the fourth anniversary of the date the tax originally took effect or on the first day of the first calendar quarter occurring after the fourth anniversary of the date the tax was last reauthorized; and WHEREAS, the City Council of the City of Georgetown, Texas hereby finds and determines that an election should be held to determine whether the Council shall be reauthorized to levy and collect city sales and use tax by one -quarter (1/4) of one percent for the maintenance and repair of existing municipal streets. NOW, THEREFORE, BE IT ORDAINED 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 Ordinance No. 2022-5(0 of Sales and Use Tax for Street Maintenance Page 1 of 5 SECTION 2. CONFORMANCE WITH GEORGETOWN 2030 PLAN The City Council has found that this action is not in conflict with the Georgetown 2030 Plan. SECTION 3. CONDUCT OF ELECTION By approval of this ordinance, the City Council appoints the Williamson County Elections Administrator as the Elections Officer to conduct the City of Georgetown Special Election in conjunction with the November 8, 2022, State and County General Election. This appointment includes services as Early Voting Clerk for the Election and coordination with the Counting Station Manager, Presiding Judge of the Central Counting Station and Tabulation Supervisor and other election officers approved by the Commissioners Court. In addition, and in accordance with Chapter 66 and Chapter 31 of the Texas Election Code, the City Council hereby appoints Williamson County Elections Administrator Christopher Davis as agent for the Custodian of Records for the November 8, 2022 Special Election for the purpose of preserving voted ballots and other election records as required by the Texas Election Code. A copy of the Joint Election Agreement and Contract for Election Services is attached hereto as Exhibit "A". Notice of Special Election shall be made as required by law. 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 by the Williamson County Elections Administrator. Applications for ballot by mail shall be mailed to: 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 designated by the Williamson County Elections Administrator. SECTION 6. ELECTION JUDGES, CLERKS AND EARLY VOTING BALLOT BOARD A. The Election Judges shall be the same as are appointed by the Commissioners Court. Each of the respective presiding judges is hereby authorized to appoint the necessary election clerks to assist in conducting the election. However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. B. The early voting ballot board consists of the Presiding Judge and Alternate Judge as are appointed by the Commissioners Court. Special Election Ordinance No. 2( E Reauthorization of Sales and Use Tax for Street Maintenance Page 2 of 5 SECTION 7. PROPOSITION AND BALLOT Pursuant to Chapter 327 of the Texas Tax Code, this election shall be held to determine citizen approval of the reauthorization of the one -quarter of one percent in sales and use tax to be used only for maintenance of the City's existing streets. The official ballots for the election shall be prepared in accordance with the Texas Election Code so as to permit 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 THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF GEORGETOWN, TEXAS AT THE RATE OF ONE- FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS. SECTION 8. 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 9. RESULTS The Williamson County Voter Registrar shall conduct an unofficial tabulation of results after the closing of the polls of the Special Election on November 8, 2022. The official canvass and tabulation of the results of the Special Election shall be conducted by the City Council at a Regular or Special Council Meeting between November 11, 2022, and November 22, 2022, as required by Section 67.003 of the Texas Election Code. SECTION 10. EFFECTIVE DATE The Mayor is hereby authorized to sign this ordinance 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. Special Election Ordinance No. 2022 Reauthorization of Sales and Use Tax for Street Maintenance Page 3 of 5 PASSED AND APPROVED on First Reading on the 12th day of July 2022. PASSED AND APPROVED on Second Reading on the 28th day of July 2022. ATTEST: THE A OF GEORGETOWN Robyn DAsmore, City Secretary APPROVED AS TO FORM: Skye NfassoniCity Attorney Special Election Ordinance No. 2022 Reauthorization of Sales and Use Tax for Street Maintenance Page 4 of 5 Exhibit List Exhibit A Joint Election Agreement and Contract for Election Services Special Election Ordinance No. 2022- Reauthorization of Sales and Use Tax for Street Maintenance Page 5 of 5