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69-104 O - Ordinance Ordering a Special Election (1% Local Sales Tax) . f ORDINANCE NO. ' 6/ AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF PROSPER, TEXAS , ON THE QUESTION OF THE ADOPTION OF A 1% LOCAL SALES AND USE TAX WITHIN THE CITY; DESIGNATING THE DAY OF THE ELECTION AND THE POLLING PLACE; APPOINTING ELECTION OFFICIALS THEREFOR; PROVIDING THAT ALL DULY QUALIFIED RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE; PRESCRIBING THE FORM OF BALLOT; PROVIDING FOR NOTICE OF ELECTION; CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS Article 1066C , Vernon 's Texas Civil Statutes, (Acts 1967, 60th Legislature, Regular Session, Chapter 36, Page 62) authorizes the governing body of any city, town or village in Texas to call an election for the purpose of adopting a local sales and use tax within such city, town or village ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS : SECTION I : That a special election shall be held in and throughout the City of Prosper, Texas , on the /j71- day of T G� L , 1969, at which election there shall be submitted to the resident qualified voters of said city for their action upon the following proposition: "FOR adoption of 1% local sales and use tax within the city. " "AGAINST adoption of a 1% local sales and use tax within the city. " SECTION II : That said election shall be held at one (1) polling place for all qualified voters of said City and the polling place and presiding officers for said election shall be to-wit : to. Airol CITY OF PROSPER, TEXAS , ORDINANCE NO. Page 2 .10 Polling Place : Presiding Officers : /r pSPB ie Cc im m a it y ('L T E' ,9'-4(r /4/7 S a/T S><E Lro,., Presiding Judge j4iMcy Alternate Presiding Judge The Presiding Judge at such election shall appoint one (1) clerk. 41) SECTION III : That said election shall be held in accordance with the constitution and laws of the State of Texas and all duly qualified resident electors of the City of Prosper shall be qualified to vote. SECTION IV: That the ballots of said election shall conform to the requirements of Section 2, Subsection G of Article 1066, Vernon 's Texas Civil Statutes (Acts 1967 , 60th Legislature, Regular Session, Chapter 36, Page 62) and to the requirements of Chapter 6 of the Election Code of the State of Texas as amended and the language to be printed thereon shall include the following : OFFICIAL BALLOT INSTRUCTIONS : Place an "X" in the square beside the statement indicating the way you wish to vote. ❑ FOR adoption of a 1% local sales and use tax within the City. ❑ AGAINST adoption of a 1% local sales and use tax within the City. CITY OF PROSPER, TEXAS, ORDINANCE NO. Page 3 SECTION V: The election judges and clerk are directed to comply with Article 6. 06, Election Code of the State of Texas as amended which provides that a square shall be placed beside each proposition in which the voter is instructed to place an "X" or other clear mark to indicate the way he wishes to vote ; but which also provides that failure of a voter to mark his ballot in strict conformity with the directions on the ballot shall not invalidate the ballot and the ballot shall be counted if the intention of the voter is clearly ascertainable except where the law prohibits the counting of the ballot. It is specifically provided that the election officials shall not refuse to count a ballot because the voter scratched out the proposition for which he does not wish to vote. SECTION VI : That notice of the election hereby ordered and called shall be given : (A) by publication on the same day of two (2) successive weeks in a newspaper of general circulation published within said city, the first publication to be kir at least twenty-one ( 21) days prior to the date set herein for such election; and (B) by posting of such notice at the polling place in each of the election precincts of the City not less than twenty (20) days prior to the day set herein for such election. It is hereby found and determined that the p 110;,vHEy E.)0)/41NEr is a newspaper of general circulation within said City. IL) CITY OF PROSPER, TEXAS, ORDINANCE NO. Page 4 SECTION VII : This Ordinance to take effect immediately after its adoption and it is so ordered. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS, on this the / 4 day of `r ei t - 19 LA . Mayor CORRECTLY RECORDED: 4411) City Secre arE y-- 411