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G-98-08-27-9A1 - 8/27/1998ORDINANCE NO. V-qg.. N- p7 1- QA 1 AN ORDINANCE CALLING A SPECIAL ELECTION ON THE INITIATIVE ORDINANCE PROPOSED BY CHARLES H. FISHBECK, GAIL HESTER, DANNY R. THOMPSON, MIKE HEILIGENSTEIN, NICOLE RYAN, AARON HEES, PATRICIA M. KAUTZ, JOSEPH EDWARDS LEHANE, TAMAKO URBANSKI, MIKE ROBINSON, JOHN S. MOMAN, FRED D. NETTLE, MARK E. GOLD, A. WILLIAM WAELTZ, CLARENCE J. KELLERMAN, T. NYLE MAXWELL, ERNEST E. GORDON, JOHN J. MANBECK, JR., TERRY HUTCHENS, ROD MORGAN, BOBBY EARL BITNER, JR, FRANKLIN BAKER, CHARLES CULPEPPER, JUDY L. McLEOD, REID RYAN, THOMAS C. NIELSON, ERIK A. ULLAND, CAROLYN NIELSON, PHIL BREWER, GLENN KING, JOYCE A. KING, CLAIRE WOLFF, KEITH A. HICKMAN, MARY A. KUBACAK, AND WHITNEY TURNER, SAID INITIATIVE ORDINANCE APPROVING THE EXPENDITURE OF HOTEL OCCUPANCY TAX FOR A MULTI-PURPOSE FACILITY / BASEBALL STADIUM. WHEREAS, an initiative ordinance proposed by Charles H. Fishbeck, Gail Hester, Danny R. Thompson, Mike Heiligenstein, Nicole Ryan, Aaron Hees, Patricia M. Kautz, Joseph Edwards Lehane, Tamako Urbanski, Mike Robinson, John S. Moman, Fred D. Nettle, Mark E. Gold, A. William Waeltz, Clarence J. Kellerman, T. Nyle Maxwell, Ernest E. Gordon, John J. Manbeck, Jr., Terry Hutchens, Rod Morgan, Bobby Earl Bitner, Jr., Franklin Baker, Charles Culpepper, Judy L. McLeod, Reid Ryan, Thomas C. Nielson, Erik A. Ulland, Carolyn Nielson, Phil Brewer, Glenn King, Joyce A. King, Claire Wolff, Keith A. Hickman, Mary A. Kubacak, and Whitney Turner has been presented to the City Secretary of the City of Round Rock, Texas; and WHEREAS, a copy of said initiative petition is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes; and WHEREAS, said initiative petition has been certified sufficient by the City Secretary and such certification is a final determination as to the sufficiency of the petition; and WHEREAS, City Charter §7.06 requires that the City Council, within sixty days after the date an initiative petition has been finally determined sufficient, shall either (1) adopt the proposed initiative ordinance without any change in substance or (2) call an election on the proposed ordinance; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: K:\WPDOCS\ORDINANC\080827A1.WPD/jkg I. 1. A special election on a proposed initiative ordinance shall be held in conjunction with the general election on Tuesday, November 3, 1998. The City of Round Rock hereby designates the election precincts and polling places designated by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for such election. Further, the City of Round Rock hereby designates the early voting polling places and the temporary voting polling places designated by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for such election. 2. For voters in that portion of the City of Round Rock located in Travis County which lies on the west side of I35, the election precinct and polling place designated by John Willingham, Williamson County Elections Administrator, is Bluebonnet Elementary, 1010 Chisolm Valley Drive, Round Rock, Texas, and/or as otherwise designated in writing by John Willingham, Williamson County Elections Administrator. For voters in that portion of the City of Round Rock located in Travis County which lies on the east side of I35, the election precinct and polling place designated by John Willingham, Williamson County Elections Administrator, is Fellowship at Forest Creek Church, 3379 Gattis School Road, Round Rock, Texas, and/or as otherwise designated in writing by John Willingham, Williamson County Elections Administrator. 3. For such election, the City of Round Rock hereby appoints the election judge(s) and alternate election judge(s) appointed by Williamson County, Texas and designated by John Willingham, Williamson County Elections Administrator. 4. Early voting shall be conducted by personal appearance and by mail at the following places: Round Rock Community Center, 205 East Main Street, Round Rock, Williamson County Texas 78661, and at and/or at such other places as shall be designated in writing by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court. During the period in which early voting is required or permitted by law, that being October 17, 1998 through October 30, 1998, the hours designated for early voting by personal appearance shall be as follows, and/or as otherwise designated in writing by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court: Saturday Sunday Monday - Friday Saturday Sunday Monday - Friday October 17, 1998 October 18, 1998 October 19 - 23, 1998 October 24, 1998 October 25, 1998 October 26 - 30, 1998 2 Noon to 5:00 P.M. Noon to 5:00 P.M. 8:00 A.M. to 5:00 P.M. 7:00 A.M. to 7:00 P.M. Noon to 5:00 P.M. 7:00 A.M. to 7:00 P.M. Early voting clerks shall keep the early voting places open during all such hours for early voting by personal appearance. The Early Voting Clerk and manager of the central counting station shall be John Willingham, Williamson County Elections Administrator, and he shall appoint additional clerks as necessary to assist in early voting. 5. An early ballot board is hereby created to process early voting results, and is hereby appointed as the presiding judge of said board. The presiding judge shall appoint at least two (2) other members of the board. 6. Pursuant to the Election Code and the Election Services Contract between the Williamson County Elections Administrator and the City of Round Rock, John Willingham shall be appointed as Custodian of Election Records. 7. All resident, qualified electors of the City of Round Rock, Texas shall be entitled to vote at the election. 8. Notice of this election shall be given by twice publishing a substantial copy of the proposed initiative ordinance in a newspaper of general circulation published in the city. The dates of such publication shall be the same day in each of two successive weeks, with the first publication occurring before the 14th day before the date of the election. Notice of this election shall also be given by posting a copy of this ordinance on the bulletin board used for posting notices of city council meetings, and same shall be posted not later than the 21st day before the date of the election and shall remain posted through election day. The City Secretary is hereby authorized and directed to publish and post the required notices in the manner and for the time periods required by law. 9. At the election the proposed initiative ordinance shall be set forth in accordance with Exhibit "A", previously recited herein as being attached and incorporated for all purposes, and said proposed initiative ordinance shall be submitted to the qualified voters in accordance with applicable law. 10. The official ballots for this proposed initiative ordinance election shall be prepared so as to permit the qualified electors to vote on such proposed ordinance by ballot title. The ballot title of a proposed initiative ordinance shall set forth its nature sufficiently to identify it. The official ballots for this proposed initiative ordinance election shall be prepared so as to permit the qualified electors to vote "For the Ordinance" or "Against the Ordinance." Said proposed initiative ordinance shall be combined with other allowable matters on the same ballots, said ballots to contain such provisions, markings and language as required by law. The proposed initiative ordinance shall be expressed substantially as follows: 3 PROPOSITION NO. 1 PROPOSED INITIATIVE ORDINANCE ORDINANCE APPROVING THE EXPENDITURE OF HOTEL OCCUPANCY TAX FOR A MULTI-PURPOSE FACILITY / BASEBALL STADIUM. "FOR THE ORDINANCE" ( ) "AGAINST THE ORDINANCE" ( ) 11. In all pertinent respects, the election shall be conducted in accordance with applicable provisions of the Texas Election Code. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. Alternative 1 By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this the , 1998. Alternative 2. t..1.‘ day of READ and APPROVED on first reading this the day of , 1998. 4 READ, APPROVED and ADOPTED on second reading this the day of , 1998. ATTEST: ANNE LAND, City Secretary 5 CHARLES CUU'J PPER, Mayor City of Round Rock, Texas AFFIDAVIT TO COMMENCE INITIATIVE PROCEEDINGS (4 The undersi ed � ��t� ; ) qualified voters of the City of Round Rock hereby state t at they will constitute the petitioners' committee and be responsible for circulating the initiative petition and for filing it in proper form, all pursuant to Article 7 of the Round Rock City Charter. The proposed initiative ordinance is set out in full as follows: AN ORDINANCE APPROVING THE EXPENDITURE OF HOTEL OCCUPANCY TAX FOR A MULTI-PURPOSE FACILITYBASEBALL STADIUM WHEREAS, baseball legend Nolan Ryan, his son Reid Ryan and his business partner, Don Sanders have purchased the Jackson Generals Double A minor league baseball team ("the Team") and have publicly announced their desire to relocate the Team to the City of Round Rock; and WHEREAS, the Round Rock City Council has developed a proposal to construct a Multi -Purpose Convention Complex that would include a Baseball Stadium suitable for the Team, as well as needed convention, exhibition, and meeting rooms ("the Facility"); and WHEREAS, the Facility would be paid for from Hotel Occupancy Taxes and revenues from the Facility; and WHEREAS, pursuant to the terms and provisions of the Round Rock City Charter, a sufficient number of the qualified voters of the City have petitioned the City Council to call for an election to approve the following ordinance specifically authorizing the expenditure of Hotel Occupancy Tax for the construction of the above described Facility; NOW THEREFORE, THAT: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. Expenditure and Pledge. The City Council of the City hereby finds that the expenditure of the Hotel Occupancy Tax, in accordance with Chapter 351 of the Texas Tax Code, for the acquisition, construction, equipment, improvement, enlargement, operation, financing, operation, maintenance and management of the Facility and related infrastructure is in the best interest of the citizens of Round Rock. The City Council further finds that the expenditure and pledge of such Hotel Occupancy Tax and such other sources as identified and acceptable to the City, to acquire, construct, equip, renovate, enlarge, improve, operate, manage and maintain the Facility and related infrastructure and to the payment of the principal, interest and premium, if any, of bonds or other obligations to be issued in order is the most advantageous method of providing and financing such Facility. Section 2. Issuance of Bonds or Other Obligations. The City Council is hereby authorized to issue bonds or other obligations in one or more series for the acquisition, construction, equipment, improvement, enlargement, operation, renovation, maintenance and management of the Facility payable from and secured by such sources as identified and acceptable to the City including specifically the Hotel Occupancy Taxes of the City lawfully available to be pledged to the payment of bonds or other obligations. Section 3. Prohibition Against Use of City Ad Valorem and Sales Taxes. Regardless of anything contained in this ordinance to the contrary, the City Council is hereby prohibited from using City ad valorem taxes or sales taxes for the financing or refinancing of the Facility, unless such is approved by the voters of the City at an election held for such purpose. D:\DOC\RRBASEBA\AFF.T.NTX EXHIBIT Ade_a/n-61( Bitot ob i' `/-9F DATE: August 21,1998 SUBJECT: City Council Meeting - August 27, 1998 ITEM: 9.A.1. Consider an ordinance calling an election for November 3, 1998 to consider an ordinance approving the expenditure of Hotel Occupancy Tax for a multi-purpose facility/baseball stadium. (First Reading) Staff Resource Person: Joanne Land, Assistant City Manager.