11 Resolution calling a special election to consider adopting a new section to the existing Code of Ordinances of the City of Paris , Texas relating to establishment of a limit on taxes for qualifying individuals

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DRAFT Attorney\reswork\current\Special Election for Tax Freeze for Elderly & Disabled Res 2008 7/8/08 RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING A CITY-WIDE SPECIAL ELECTION TO BE HELD IN THE CITY OF PARIS ON THE FIRST TUESDAY IN NOVEMBER 2008, THE SAME BEING THE 4TH DAY OF NOVEMBER 2008, BY THE QUALIFIED VOTERS OF THE CITY OF PARIS, TEXAS WITH EARLY VOTING FOR THE SAME BEING CONDUCTED IN THE CITY HALL ANNEX WEST, FROM THE 20TH DAY OF OCTOBER, 2008, THROUGH THE 31ST DAY OF OCTOBER, 2008, O1V THE QUESTION OF ESTABLISHING A LIMIT ON THE TOTAL AMOUNT OF TAXES THAT MAY BE IMPOSED ON THE RESIDENCE HOMESTEAD OF A DISABLED PERSON OR PERSON SIXTY-FIVE (65) YEARS OF AGE OR OLDER PURSUANT TO ARTICLE 8, SECTION 1-b(h) OF THE TEXAS CONSTITUTION AND TEXAS TAX CODE SECTION 11.261; PRESCRIBING THE FORM OF THE BALLOT; PERMITTING ONLY RESIDENT QUALIFIED VOTERS TO VOTE; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR NOTICE OF THE ELECTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, effective January 1, 2004, Texas Constitution was amended to provide a local option for cities, counties and junior college districts establish a limit on property taxes for homeowners who are either disabled or age 65 or older (see Texas Constitution Article 8, Section 1-b(h)); and WHEREAS, the constitutional amendment, set forth in Article 8, Section 1-b(h) Texas Constitution provides two ways in which this tax freeze legislation may be adopted by a municipality, one is by action of the governing body of the municipality enacting a city ordinance to adopt the tax freeze and the other is by special election requested by a petition signed by five percent (5%) of the registered voters of the municipality; and, WHEREAS, in conformance with the Texas Election Code, said election must be conducted at one of the uniform election dates set out in the Election Code, the next available uniform election date being the first Tuesday in November, November 4, 2008; and, WHEREAS, the City Council therefore desires to order a city-wide election to be conducted on November 4, 2008 regarding the adoption of the proposed Ordinance establish a limit on taxes for qualifying individuals pursuant to Article 8, Section 1-b(h) of the Texas Constitution and Texas Tax Code Section 11.261; i ~ 000083