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MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney ~
Date: August 31, 2007
Subject: P. O. No. 5780 - September 4, 2007
Special Council Meeting
Attached is P. O. No. 5780 providing for the conduct of a special
election on November 6, 2007 to submit propositions as to whether or
not the existing Section 4A sales tax shall be utilized for various
categories of projects as described in Section 4B of Article 5190.6,
Vernon's Texas Code Annotated, providing for publication of the
election notice, and calling for an additional public hearing.
· PROPOSITION
Shall the existing Section 4A Sales and Use Tax within the
City of Port Arthur be utilized to promote or develop new or
expanded business enterprises that create or retain primary
jobs, including a project to provide demolition of existing
structures, which is a category of projects under Section 4B
of Article 5190.6 Vernon's Texas Code Statutes, with the
condition that total annual spending on said category of
Section 4B Projects by the City of Port Arthur Section 4A
Economic Development Corporation be 7.5% of the sales tax
revenues that it receives.
· PROPOSITION
Shall the existing Section 4A Sales and Use Tax within the
City of Port Arthur be utilized for amateur sports, and
athletic purposes and events, including ball parks, soccer
fields, football fields, and related concession, and
facilities, which is a category of projects under Section 4B
of Article 5190.6 Vernon's Texas Code Statutes, with the
condition that total annual spending on said category of
Section 4B projects by the City of Port Arthur Section 4A
Economic Development Corporation be 7.5% of the sales tax
revenues that it receives.
MTS:ts
Attachment
CC:
Evangeline Green, City Secretary
Floyd Batiste, CEO EDC
Carolyn Guidry, Jefferson County Clerk
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P. O. No. 5780
08/31/07 ts
ORDINANCE NO.
AN OPd)INANCE PROVIDING FOR THE CONDUCT OF A
SPECIAL ELECTION ON NOVEMBER 6, 2007 TO SUBMIT
PROPOSITIONS AS TO WHETHER OR NOT THE EXISTING
SECTION 4A SALES TAX SHALL BE UTILIZED FOR
VARIOUS CATEGORIES OF PROJECTS AS DESCRIBED IN
SECTION 4B OF ARTICLE 5190.6, VEP~NON'S TEXAS
CODE ANNOTATED, PROVIDING FOR PUBLICATION OF
THE ELECTION NOTICE AND CALLING FOR AN
ADDITIONAL PUBLIC HEARING
WHEREAS, pursuant to Section 4A (s) of Article 5190.6 Vernon's
Texas Code Statutes, the City Council is authorized to call a
Special Election on the usage of Section 4A sales tax for
categories of projects under Section 4B Article 5190.6 Vernon's
Texas Code Statutes; and
WHEREAS, pursuant
was held on February 28,
the use of Article 5190.6
to Resolution No. 06-019, a public hearing
2006 as to receive public comment as to
Section 4A funds for Section 4B projects,
as well as the proposed costs and impact of the categories of the
projects; and
WHEREAS, pursuant to Ordinance No. 06-10, the Council called
an election to submit propositions as to whether or not the
existing Section 4A Sales Tax shall be used for various categories
of projects as described in Section 4B of Article 5190.6 Vernon's
Texas Code Statues; and
WHEREAS, on May 13, 2006, the City held an election and
Propositions 8 and 9 for said use were adopted as described below:
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PROPOSITION NO. 8:
For the next two years, shall the existing Section 4A Sales and Use
Tax within the City of Port Arthur be utilized for amateur sports,
and athletic purposes and events, including ball parks, soccer
fields, football fields, and related concession, and facilities,
which is a category of projects under Section 4B of Article 5190.6
Vernon's Texas Code Statutes, with the condition that total annual
spending on all Section 4B projects by the City of Port Arthur
Section 4A Economic Development Corporation will not exceed
$500,000 per year. Said period of time can be extended an
additional two years by the City Council by a 2/3 vote of the City
Council after receiving public comment of the proposed cost and
impact of the projects.
PROPOSITION NO. 9:
For the next two years, shall the existing Section 4A Sales and Use
Tax within the City of Port Arthur be utilized to promote or
develop new or expanded business enterprises that create or retain
primary jobs, including a project to provide demolition of existing
structures, which is a category of projects under Section 4B of
Article 5190.6 Vernon's Texas Code Statutes, with the condition
that total annual spending on all Section 4B projects by the City
of Port Arthur Section 4A Economic Development Corporation will not
exceed $500,000 per year. Said period of time can be extended an
additional two years by the City Council by a 2/3 vote of the City
Council after receiving public comment of the proposed cost and
impact of the projects; and
WI{EREAS, on August 28, 2007, the City Council held a public
hearing as to the following:
(1)
To Consider The Continued Use of Section 4A Sales And
Use Tax Funds Until May 13, 2010 For Amateur Sports,
And Athletic Purposes And Events, Including Ball Parks,
Soccer Fields, Football Fields, And Related Concession,
And Facilities, Which Is A Category Of Projects Under
Section 4B Of Article 5190.6 Vernon's Texas Code
Statutes, With The Condition That Total Annual Spending
On All Section 4B Projects By The City of Port Arthur
Section 4A Economic Development Corporation Will Not
Exceed $500,000 Per Year.
(2)
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To Consider the Continued Use of Section 4A Sales And
Use Tax Funds Until May 13, 2010 To Promote Or Develop
New Or Expanded Business Enterprises That Create Or
Retain Primary Jobs, Including A Project To Provide
Demolition Of Existing Structures, Which Is A Category
Of Projects Under Section 4B Of Article 5190.6 Vernon's
Texas Code Statutes, With The Condition That Total
Annual Spending On All Section 4B Projects By The City
of Port Arthur Section 4A Economic Development
Corporation Will Not Exceed $500,000 Per Year.
WHEREAS, the City Council received public comment as to the
need to continue funding for (1) economic development, (2) amateur
sports, and athletic purposes and events, including ball parks,
soccer fields, football fields, and related concession, and
facilities and
WHEREAS,
the citizens
(3) for demolition projects; and
the City Council deems it in the best interests of
of the city to submit propositions at a November 6,
Tax for
UA" and
2007 Special Election as to the use of Section 4A Sales
various categories of projects, as described in Exhibits
KB; and
WHEREAS, the City Council deems it in the public interest to
hold an additional public hearing prior to the election as to the
use of Article 5190.6 Section 4A funds for Section 4B projects, as
well as the proposed costs and impact of the categories of the
projects.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
That the facts and opinions in the preamble are
OF PORT ARTHUR:
Section 1.
true and correct.
Section 2.
held on November 6,
That a Special Election is hereby ordered to be
2007 to submit the propositions as to the usage
of Section 4A funds for Section 4B categories of projects as
delineated in Exhibits UA" and ~B".
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Section 3. That the conduct of the Special Election as to
said propositions shall be as delineated in the Joint Election
Agreement with Jefferson County.
Section 4. That the Mayor shall sign the Order and Notice
of Election in a form to be approved by the City Attorney, which
may be consolidated with other entities as to save costs.
Section 5. That the City Attorney shall, if necessary,
file a Justice Department Submission.
Section 6. That a Public Hearing is herein scheduled for
9tn day of October, 2007, at 9:00 a.m. to consider public comments
as to the use of Article 5190.6 Section 4A funds for Section 4B
projects, as well as the proposed costs and impact of the
categories of the projects, with advertisement of the notice to be
done at least thirty (30) days before said hearing and shall be
published on a weekly basis until the date of the hearing.
Section 7. That this Ordinance shall take effect
immediately from and after its passage.
Section 8. That a copy of this Ordinance shall be spread
upon the Minutes of the City Council.
READ, ADOPTED AIgD APPROVED on this day of
A.D., 2007, at a Council Meeting of the City Council of
Port Arthur, Texas, by the following vote:
AYES: Mayor ,
the City of
City Council ,
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NOES:
MAYOR
ATTEST:
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORNEY
APPROVED FOR ADMINISTllATION:
STEVE FITZGIBBONS, CITY MANAGER
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EXHIBIT "A"
PROPOSITION
Shall the existing Section 4A Sales and Use Tax within the City of
Port Arthur be utilized for amateur sports, and athletic purposes
and events, including ball parks, soccer fields,
and related concession, and facilities, which
football fields,
is a category of
Article 5190.6 Vernon's Texas Code
that total annual spending on said
projects under Section 4B of
Statutes, with the condition
category of Section 4B projects by the City of Port Arthur Section
4A Economic Development Corporation be 7.5% of the sales tax
revenues that it receives.
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EXHIBIT "B"
PROPOSITION
Shall the existing Section 4A Sales and Use Tax within the City of
Port Arthur be utilized to promote or develop new or expanded
business enterprises that create or retain primary jobs, including
a project to provide demolition of existing structures, which is a
category of projects under Section 4B of Article 5190.6 Vernon's
Texas Code Statutes,
on said category of
Section 4A Economic Development Corporation be
tax revenues that it receives.
with the condition that total annual spending
Section 4B Projects by the City of Port Arthur
7.5% of the sales
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