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HomeMy WebLinkAbout14734 ORD - 01/24/1979 (2)JBA:jkh:1-23-79;1st • AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF CORPUS CHRISTI ON THE 20TH DAY OF JANUARY, 1979, UPON THE QUESTION OF ADOPTING AMEND- MENTS TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. WHEREAS, heretofore on December 13, 1978, the City Council of the City of Corpus Christi finally passed Ordinance No. 14648, calling an election on .the question of adopting amendments to the City Charter of the City of Corpus Christi, said election to be held in said City of Corpus Christi on the 20th day of January, 1979; and WHEREAS, it appears that all requirements of the law respecting the submission of amendments of a City Charter to the qualified voters were in all respects lawfully and properly performed and executed; and WHEREAS, notice of said election was accordingly given as required by law, and as directed in the ordinance calling the election, as is shown by affidavits properly filed in the office of the City Secretary;and WHEREAS, said election was duly and legally held on the 20th day of January, 1979, in conformity with the election ordinances heretofore passed by this Council, and the result of said election has been duly certi- fied and returned to this Council by the special canvassing board, proper judges and clerks of said election; and WHEREAS, this Council has canvassed the returns of said election on the propositions hereinafter stated, which was held on the 20th day of January, 1979; and WHEREAS, it appears to the Council, and the Council so finds, that said election was in all respects lawfully held and said returns duly and legally made, and that there were cast at said election the following votes: PROPOSITION NUMBER 1 (Hoag Amendment) Shall Article VII, Taxation and Bonds, Section I - Taxation, Paragraphs (a) and (b), as now contained in the Charter of the City of Corpus Christi, Texas, be repealed in their entirety and the following substituted therefor as an amendment to the City Charter of Corpus Christi, Nueces County, Texas? 1 473 MICROFP_rED -JUL 0 8 19 O • ARTICLE VII Section 1, Taxation. (a) The City Council shall have the power, and is hereby author- ized annually, after the City Budget is adopted, to levy and collect taxes to the maximum as herein prescribed, based on the assessed value of all real and personal properties in the City, not exempt by the Constitution and Laws of the State of Texas from taxation. (b) The ad valorem taxes on real and personal property in the City of Corpus Christi, Texas shall be limited to two hundred sixty-five one -thousandths (0.265) of one (1) percent of value except to pay the prin- cipal and interest on debts previously approved by the voters. (c) The assessed valuation of properties for tax purposes shall be based on the assessed values of said properties for the year 1975 - 1976. (d) Reassessment of said properties shall not exceed two (2.00) percent per year. In case of repair or remodeling of the improvements on said property by the owner thereof, who continues the ownership thereof, the value of said property shall not be increased because of such repair or remodeling of the improvements on said property for five (5) years after the completion of such repair or remodeling. (e) The limitation provided in Paragraph (b) above, shall not apply to ad valorem taxes to pay the interest and principal on indebtednes- ses, including bonds, previously created by the voters prior to the time this Charter Amendment becomes effective. (f) The full cash value means the assessor's valuation of real and personal property, as shown on the year 1975 - 1976 City assessor's rolls under "full cash value". Thereafter, the appraised value of real and personal property, when purchased, newly constructed, or a change of ownership has occurred after the 1975 assessments shall be brought to the base assessment of all other properties, based on the 1975 assessment values, with such increases in such value as will have been permitted on the' two (2) percent per year basis, as is provided in Paragraph (d) above. -2- • (g) The fair market value base shall reflect, from year to year, the inflationary rate, not to exceed two (2) percent for any given year, as ' provided in Paragraph (d) above, or a reduction as shown in the Consumer Price Index or comparable date for the area under taxing jurisdiction. (h) The City, by a two-thirds vote of the qualified electors within said City may, by said two-thirds vote of qualified electors of said City, impose special taxes on said City, except that no ad valorem taxes on real property or a transaction or sales tax on the sale of real property within the City shall be permitted or imposed. (i) Full credit shall be given the taxpayer for homestead exemp- tion, military incurred disability allowance or other existing exemption under present laws, nor shall any reduction be permitted on such exemptions as now in force and effect. (j) The maximum tax rate, as prescribed herein, will be avail- able at all times for the purpose of meeting interest and principal require- ments of debts existing as of the date of any tax levy. The portion of this maximum tax rate for all purposes, other than debt services shall not exceed one dollar and twenty-five cents ($1.25) per one hundred ($100.00) dollars of assessed value. Before the City Council calls an election for the issuance of any tax supported bonds, in addition to all other required actions. the Director of Finance shall certify that all interest and principal requirements of existing and proposed tax supported debt can be met from the estimated proceeds of a tax rate not in excess of one dollar and twenty-five ($1.25) cents per one hundred ($100.00) dollars of assessed valuation as established. prescribed and limited herein in Paragraph (b) above. (k) This Charter Amendment shall take effect on the date of its adoption and approval by the voters of Corpus Christi and acceptance by the City Council. FOR 10,433 AGAINST 14,224 -3- • PROPOSITION NUMBER 2 (Council Alternative) Shall Article VII, Section 1, be amended by adding the following paragraph (g): The property tax levy (tax rate times total assessed value) for 1979-80 for all purposes shall be reduced 11.25% from the 1978-79 levy excluding taxes from assessed value growth resulting from new construction of all= types, additional personal property, expanded minerals, annexations, and not more than 2.5% increase resulting from reassessments. Thereafter, the tax levy for all purposes except debt service and judgments for any fiscal year shall not exceed the previous year's levy for the same purposes by more than' 2.5% excluding assessed value growth result- ing from new construction of all types, additional personal property, expanded minerals, and annexations. FOR 7,632 AGAINST 13,701 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the following Propositions, hereinabove set out j and set forth in Ordinance No. 14648, were rejected by a majority of the votes as follows: Proposition No. 1 14,224 Proposition No. 2 13,701 The tabulation of votes cast at the election on said Propositions is hereby confirmed and it is hereby declared that Propositions Number 1 and 2, as hereinabove set out and as set out in Ordinance No. 14648, were rejected by a majority of the qualified voters of the City voting at said election on January 20, 1979. SECTION 2. That the necessity for promptly canvassing the results of said Charter Amendment Election creates a public emergency and an impera- tive public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduc- tion but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinancebe passed finally on the date of its introduction -4- and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the � day of January, 1979. ATTEST: APPROVED: 23rd DAY OF JANUARY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By City ;S torney MAYORM1d THE CITY OF CORPUS CHRIST TEXAS • • INTER -OFFICE COMMUNICATION Dept City Secretary To The Honorable Mayor and Council Members From Dorothy Zahn, Administrative Assistant Date January 23, 1979 Subject Canvass of the Charter Amendment Election of January 20, 1979 Attached is a copy of the official tally sheet for the Charter Amendment Election. Please note that there are two minor changes from the unofficial returns that were received by telephone on Saturday night, January 20. Explanations of these changes are listed below: 1. The unofficial returns listed the Total Votes Cast as 25,970. The correct figure should be 25,941, which is a difference of 29. .in checking the General Return sheets, it was ascertained that the figure reported by telephone for one precinct was erroneously reported as 171, whereas, the correct figure was 170, which accounted for 1 of the 29. In another pre- cinct, the election Judge had misunderstood the figure that was to be entered as the Total Votes Cast and added all of the votes recorded on the voting machine rather than reading the total in the front of the machine. When this was called to her attention at the time she brought in her official General Return Sheet, she informed us that the figure which was recorded on her machine was 32 rather than the 60 which she had reported by telephone. This changed figure accounts for the remaining 28 of the 29 difference in this total. We verified the total votes cast in this particular precinct by checking the opening and closing numbers of the machine, which indicated that 32 voters had actually voted in this precinct. 2. The unofficial returns indicated that 13,703 votes had been cast against Proposition No. 2, whereas the official General Return Sheets reflected that the correct figure should have been 13,701, a difference of 2. This again was an erroneous figure that was either called in by the judge or misunderstood by the person receiving the telephone returns. There were no other differences discovered in checking the official returns, and the two minor changes as outlined above are not sufficient to change the results of the election. Respectfully submitted, Dorothy Zahn Administra iv Pfssistant City Secretary's Office Approved: 11‘.. 40e wediiie B 11 G. Read, City Secretary Attachment Corpus Christi, T day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. ,19 ?9 Respectfully, MAYORPio J i THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended byte following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14734 by i e following vote: