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ORDINANCE NO. 2012 -39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ORDERING A GENERAL AND SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2012 FOR THE PURPOSE OF ELECTING A MAYOR, CITY COUNCIL MEMBER FOR PLACE 5, AND A CITY COUNCIL MEMBER FOR PLACE 6; AND TO PRESENT THREE NON- BINDING PROPOSITIONS REGARDING THE ACQUISITION OF 70 ACRES OF LAND IN THE CAPES' S CAMP AREA FOR PARKS AND RECREATON PURPOSES TO THE VOTERS; ESTABLISHING EARLY VOTING LOCATIONS AND POLLING PLACES FOR THIS ELECTION; MAKING PROVISIONS FOR CONDUCTING THE ELECTION; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. A general and special election is ordered to be held by the City of San Marcos (the "City ") at the various polling places and election precincts within the corporate limits of the City, as hereinafter designated, on November 6, 2012 from the hours of 7:00 a.m. to 7:00 p.m. This general and special city election will be conducted jointly with Hays County and will be administered for the City by the Hays County Elections Administrator. At the General Election the qualified voters of the City will elect a Mayor, City Council Member for Place 5 and a City Council Member for Place 6 with the Mayoral position having a term of two years and each Council Member position having a term of three years. At the special election, three non- binding propositions will be presented to the voters regarding the acquisition of the Cape's Camp area, consisting of 70 acres, more or less, for parks and recreation purposes. The official canvass of the election shall be held November 19, 2012, following election day. In the event it becomes necessary to conduct a runoff election it will be necessary to call the runoff election on the same day the final canvass of the main election is completed, November 19, 2012. The runoff election shall be held not earlier than the 201h nor later than the 45th day after the date the final canvass of the regular election is completed. Canvass of the returns of the runoff election, if necessary, shall be held no earlier than the 8th day not later than the 11th day following the date of the Runoff Election. voters: SECTION 2. The following non - binding proposition shall be submitted to the qualified NON -BINDING PROPOSITION NO. 1 — ACQUISITION OF ADDITIONAL PARK LAND FOR/AGAINST Shall the city council be authorized to acquire the Cape's Camp area of 70 acres, more or less, for parks and recreation purposes, at a price not to exceed fair market value as determined by an appraisal? 1