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ORD 758 08/22/2006 ORDINANCE NO. 7 5 8 AN ORDINANCE ORDERING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 7,2006 FOR THE PURPOSE OF THE ADOPTION OF A SECTION 4B SALES AND USE TAX AT Tia RATE OF ONE-FOURTH OF ONE PERCENT AND THE ADOPTION OF A LOCAL SALES AND USE TAX FOR THE CITY OF CIBOLO,TEXAS AT THE RATE OF ONE-QUARTER OF ONE PERSENT. WHEREAS,the City's special municipal election are scheduled for November 2006; WHEREAS, the City Council has authorized that the 4-B Sales Tax and a Local Sales and Use Tax be set on the November 7, 2006 regular municipal election; and NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS... Section 1 A municipal election is hereby ordered to be held at the polling sites designated by the County Elections Officer of Guadalupe County, Texas on the authorized uniform election date of Tuesday, November 7, 2006 at which time shall be submitted to the qualified voters of the City the following propositions; PROPOSITION NO. 1 4B SALES TAX The adoption of a Section 4B sales and use tax at the rate of one-fourth of one percent to undertake projects as described it Scction 2(11)(A) and Section 4B of Artie:':. 5190.6 of Revised Civil Statutes, including but not limited to projects to promote new or expanded business enterprises that create or retain primary jobs, and public safety facilities, streets and roads, drainage, facilities for the furnishing of water to the general public, and related improvements,projects for the promotion of professional and amateur athletics and sports including stadiums,ball parks, auditoriums,projects related to entertainment, convention, tourist, and exhibition facilities, amphitheaters, concert halls, and public parks,park facilities and events, open space improvements,primary job training facilities for use by institutions of higher education,research and development facilities,regional or national corporate headquarters facilities,museums and related stores, restaurant, concession, and automobile parking facilities,related sewer facilities, solid waste disposal facilities, recycling facilities, demolition of existing structures, development and expansion of affordable housing, and targeted infrastructure and any other improvements, 1 expenditures, or facilities, including but not limited to the land,buildings, equipment, facilities, expenditures, and costs as defined by statue that are related to any of the above projects and any other project that the board determines will promote new or expanded business enterprises that create or retain primary jobs, and the maintenance and operations expenses for any o the above described projects. FOR: AGAINST: PROPOSITION NO.2 LOCAL SALES AND USE TAX The adoption of a local sales and use tax in the City of Cibolo, Texas at the rate of one- quarter of one percent to provide revenue for maintenance and repair of municipal streets. FOR: AGAINST: Section 2 Propositions approved by a majority of the voters shall be effective when the City has canvassed the election results and enters an order stating the same. Section 3 As soonas practical after the election and the declaration by the Council that the votes have been canvassed, the City Manager shall certify to the Secretary of State an authenticated copy showing approval or disapproval of the propositions. Section 4 The foregoing special municipal election is hereby ordered to be held on Tuesday, November 7, 2006 in accordance with the laws of Texas, and the provisions of the Charter of the City of Cibolo, and the official ballots for said election shall be prepared in accordance with the Texas Election Code for the election. Section 5 The election ordered herein shall be held as prescribed by law, in the City of Cibolo at the sites set by the County Elections Officer of Guadalupe County, Texas between the hours of 7:00 a.m. and 7:00 p.m. 2 Section 6 Voting at said election shall be done by the use of Diebold Touchscreens as determined by the County Elections Officer of Guadalupe County, Texas. The equipment necessary for voting shall be available at the voting sites for the purpose of conducting early voting by personal appearance and at Election Day voting site established for the purpose of voting by personal appearance on Election Day, Tuesday,November 7, 2006. The County Elections Officer of Guadalupe County, Texas is authorized and charged to perform the functions provided by law in the casting of early ballots and shall hold such elections,ballots shall be cast commencing on October 23, 2006 and ending on November 3, 2006.; all in the method,manner and time made and provided by the Statutes of the State of Texas on this subject. All early voting for the Cibolo Special Municipal Election will be held at the Cibolo Municipal Offices, 200 S. Main, Cibolo, Texas 78108 from 8:30 a.m.to 4:30 p.m. Monday through Friday. Extended hours will be held on Wednesday, Oct 25 and Wednesday Nov 1, 2006 from 7:00 a.m. to 7:00 p.m. Section 7 The Mayor and City Council shall contract with the Guadalupe County through the Guadalupe County Clerk's Office for the conduct of this election. The Guadalupe County Clerk's Elections Department shall appoint the election officers to hold said election, in accordance with State Election Law, including an Early Voting Balloting Board, Signature Verification Committee and the Central Counting Station representatives which shall count and canvass the early ballots cast at said election. Section 8 This ordinance shall be effective on passage. PASSED AND APPROVED THIS DAY OF - 72,2006. APPROVED: /_ Air or Joutton ATTEST: / ' ,?7 Peggy Cimics, City Secretary 3