QUESTION OF THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX

 

 

O-16-___

ORDINANCE

 

ORDER AND NOTICE OF CITY SPECIAL ELECTION TO BE HELD IN THE CITY OF MARSHALL, TEXAS TO SUBMIT TO THE QUALIFIED VOTERS OF THE CITY A PROPOSITION ON THE QUESTION OF THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF MARSHALL AT THE RATE OF ONE-EIGHTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND PROVIDING FOR OTHER MATTERS RELATED THERETO.

 

 

            WHEREAS, in 2012, pursuant to Chapter 327 of the Texas Tax Code, the voters of the City of Marshall approved an local sales tax rate of one-eighth of one-percent for street maintenance and repair; and

 

            WHEREAS, Section 327.007 of the Texas Tax Code requires that such tax be reauthorized by the voters every four (4) years; and,

 

            WHEREAS, the City Commission deems it in the best interest of the City to call a special election for the voters to consider a proposition relating to the reauthorization of one-eighth of one percent to continue providing revenue for maintenance and repair of the municipal streets; and,

 

            WHEREAS, the special election is to be submitted to the qualified voters of the City at a special election to be held in the City in conjunction with the City’s other elections on Saturday, May 7, 2016 and the City will establish the voting procedures and places by Ordinance as is required by the Texas Election Code; and,

 

            WHEREAS, in accordance with the requirements of the Texas Tax Code, the combined rate of all local sales and use taxes imposed by the City and other political subdivisions having territory in the City will not exceed two (2) percent; and

 

            WHEREAS, the City Commission finds that the special election proposition shall be to reauthorize a one-eighth of one percent sales and use tax for street maintenance for the four year period beginning on January 1, 2017;

           

NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MARSHALL, MARSHALL, TEXAS:

           

Section 1.        That the findings set out in the preamble to this ordinance are hereby in all things approved.

           

Section 2.        A special election is hereby ordered and scheduled to be held concurrent with the general City election on May 7th, 2016, to determine whether the ballot proposition appearing in Section 3 hereof shall be approved by a majority of the votes cast in such election in which all qualified electors residing in the City shall participate. The referendum election shall be held and conducted in the manner prescribed by state law for all elections. The places for voting in such referendum election shall be such locations as shall otherwise be established for the general election to elect City Commissioners on May 7th, 2016. All duly qualified electors of the City of Marshall shall be entitled to participate in said election.

 

Section 3.        There shall be submitted at said special election a proposition to reauthorize the use of one-eighth (1/8) of one percent of the sales and use tax for the maintenance and repair of municipal streets.    

 

Section 4.        The proposed proposition shall be submitted to the qualified voters at the regular election on May 7th, 2016 on the ballot and in the form of the following proposition. 

 

Proposition No. 2: The reauthorization of the local sales and use tax in the City of Marshall at the rate of one-eighth (1/8th) of one (1) percent to continue providing revenue for maintenance and repair of municipal streets. The tax expires on the fourth anniversary of the date of this election unless the imposition of the tax is reauthorized.

           

____________ YES — For the proposition.

____________ NO — Against the proposition. 

 

 

Section 5.        That said election shall be held within the City of Marshall at the Marshall High School, 1900 Maverick Drive.

           

Section 6.        That said election shall be held in accordance with the Constitution and laws of the State of Texas and all duly qualified resident voters of the City of Marshall, Texas shall be qualified to vote.

           

            Section 7.        The Harrison County Election Administrator will conduct and supervise the election according to the agreement between the City of Marshall and the said administrator.  All voting on this Special Election shall be conducted in the same manner and times as the City’s general election.   

           

Section 8.        A copy of this Ordinance signed by the Chairman of the City Commission and attested by the City Secretary shall serve as proper notice of said election.  The City Secretary is authorized and directed to post a properly executed copy of said Notice of Election at City Hall and at the place where the election is to be held not less than 20 days prior to the date fixed for holding said election.

 

            Section 9.        That this ordinance shall be effective from and after its date of passage.

 

           

PASSED, AND APPROVED this _____ day of January 2016.

            AYES: _______

            NOES: _______

            ABSTAINED:  _______

           

 

PASSED, APPROVED, AND ADOPTED this _____ day of February 2016.

            AYES: _______

            NOES: _______

            ABSTAINED:  _______

                                                           

 

________________________________________

                                                            CHAIRMAN OF THE CITY COMMISSION OF

                                                            THE CITY OF MARSHALL, TEXAS

 

 

ATTEST:

 

 

 

________________________________________

ACTING CITY SECRETARY

 

 

APPROVED AS TO FORM:

 

________________________________________

Todd Fitts, City Attorney

 

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