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Home My WebLink AboutORD 1348 Canvassing Results of Special Charter Amendment Election 087 n , O"RDINANCE ''NUMBER' 1348 ORDINANCE CANVASSING RETURNS AND DECLARING -RESULTS OF THE SPECIAL CHARTER AMENDMENT ELECTION HELD MAY 6, 1989, IN THE CITY: OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, in accordance with the, 1 aws of the Un i ted Sta tes of America, the State of Texas, The Charter of the City of West University Place, Texas (the "City"), and Ordinance No. 1340 adopted pursuant thereto, an election washe'ldwithin and for said City on the 6th day of May, 1989, at which election there was submitted to all duly qualified resident electors of the City for their action thereon seven amendments to the City Charter of the City of West University Place, said amendments being: , AMENDMENT NO. 1 TO THE CHARTER OF THE CITY OF WEST UNIVERSITY PLACE II Li Section 2.05 of Article II of the Charter'of the City of , West University shall hereafter read as follows: '''Sec. "2.05' Vacancies. ! .} ~ [ : t 1 ;' ... .-~, a. When a vacancy is declared, a special election to fill the offi ce shall be ordered for the fi rst e 1 ecti on date permitted uriderStatelaw'that:'i'$lI!at least 45'days ,after the first public notice of suchorder;,llexcept as' provided,:in Section2.05b. Candidates must qualify according to Section 2.:02. b. If pursuant to Section 2.,05a, a special election to fill a vacant office or offices would be held on the permitted election date immediately preceding the regular election of members of the Council, then no special election under Section 2.05a shall be required, unless the five~member Council is l.eft with fewer than three members." AMENDMENT NO. 2 TO THE CHARTER OF THE CITY OF WEST'UNIVERSITY PLACE Section 2.11 of Article II. of the Charter of the City of West University shall hereafter read as follows: I' I . U "Sec.2.11. Procedure to Enact Legislation.. The Council shall legislate by ordinance. Every ordinance shall be introduced in writing or printed form and have a clearly summarized and fully descriptive title or caption. The enacting clause of every ordinance shall be BE IT ORDAINED BY THE CITY '-;-IL __ ___ __--'c__._.~_ i 11 '''._-'--.1... ,- ~.L_...L_..J_.L.:..JI;::::El~ , -!I n:1 '1;;11111....- l:rl:-I;::-:"-~:rl1I:\LiIlIIif:lrJIII:~:1 .;. '-UIJlJ~)lJU mIll,lllttJ:Wli II " .~, Jl . "U!lJ:'. II I r II lLJJ ; ~ '- Ordinance Number 1348 COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE. Every ordinance enacted by the Council shall be signed by the Mayor or Mayor Pro Tern, or in their absence by two Council Members, and shall be filed with and recorded by the City Secretary. All ordinances shall be read and considered at two regular meetings of Council before final passage, except when a state of emergency is declared by the Councilor as otherwise provided by this Charter. 'The reading aloud of the title or caption of the ordinance shall suffice as a reading provided that printed copies of the ordinance, in the form required for adoption, are available to all members of Council and that a reasonable number of additional copies is available to interested citizens present at the Council meeting. A majority of the Council qualified and serving may r-equirean ordinance to. be,.,y.'ead. in i-tsentirety.! An. ordinance, including an ordinance enacted prior to May 6, 1989, may not.be held invalid on the basis of an insufficient title, c-apUon,.or enacting clause.1I : ~ ... J :AMENDMENT NO. 3 TO THE CHARTER OF THE CITY OF WEST UNIVERSITY PLACE Section 3.01 of Article III of the Charter of the City of West University Place shall hereafter read as follows: "Section 3.01 Regular Elections The regular election of members of the Council shall be held on the last uniform election date allowed by.state law prior to June 1 of each odd-numbered year. Each qualified voter of the City may vote for not more than one candidate for Mayor and for not more than four candidates for Council Member. The election shall be ordered by the Mayor or by the Council. The City Secretary shall give notice of the election in the manner required by the laws of the State of Texas." AMENDMENT NO. 4 TO THE CHARTER OF THE CITY OF WEST UNIVERSITY PLACE Section 3.04 of Article III of the Charter of the City of West University Place shall hereafter read as follows: "Section 3.04 Filing for Office. A qualified citizen who desires to become a candidate for City office shall file with the City Secretary a signed, sworn ."application for the citizen's name to appear on the ballot and a petition signed by at least 25 qualified voters recommending the candidacy. The time of filing shall be determined by the provisions of the Texas Election Code or other applicable State Law. II 088 ,j 1-' ,~ u ~1 1'1 ,------,I u Ordinance Number 1348 089 AMENDMENT NO. 5 TO THE CHARTER OF THE rITV OF WEST UNIVERSITY PLACE Section 7.07 of Article VII of the Charter of the City of West University Place shall hereafter read as follows: IISection 7.07. Issuance of Bond and Other Obligations of the City. The City shall have the right and power to borrow money on the . credit of the City for permanent public improvements or for other public purposes as determined by the Council~ and the power to .;ssuebonds, certi fi cates 'of obl i gati on, warrants, or other "evidences of i ndebtedrtes.s .,of theCi ty as authori zed by the 1 aws of the State of Texas. On the date of any bond issue, the total bonded indebtedness of the City, incJuding such issue, shall not exceed five percent of the net taxable value of property on the tax ro 11 s of the City, and .any issue of bonds in excess of said sum shall be void as to such excess. Notwithstanding any other provisions of this Charter to the contrary, ordinances authorizing the issoance of bonds, certificates of obligation, warrants, or other evidences of indebtedness, or ordinances authorizing the levy of taxes or the pledge of revenues to secure payment of indebtedness shall require only one reading, shall becQme effective immediately,'. a'ndsha11 not be subject to referendum. Nothing in this Section excuses compliance with Section 7.08 of the Charter." , 'AMENDMENT NO .6 TO THE CHARTER OF THE CITY DFWEST UNI~ERSITYPLACE Section 10.04 of Article X of the Charter of the City of West University Place shall hereafter read as follows: "Section 10.04 Conflicts of Interest Prohibited. ; \: ! J 1\ ~ i a. General. During the term of office or employment, no e,mp,loyee or elected or appointed office of the City may act in any way which places or tends to place personal interest in conflict with the interest of the City. "Jb:.: Proh.ibited 'acts. No employee or elected or appointed officer of the City may: {l)Accept directly or, indirectly a gift, favor, privilege, or employment from a' person or business entity that does business with the City or that enjoys a franchise, privilege, license, or easement from the City, except as authorized by ordinance. (2) Have a pecuniary interest, directly or indirectly, in a contract with or job, work, or servi,ce for the City; have an interest" direct]yor>indirectly~ in the sale of. land, tangi b 1 es, or intangibl es, to the Ci ty. m~>_---=:: U,"___,,_m_, u .,..1:1'=:I::._J i - II . l___.:___ J. _t-,LLll:m1 - III' Ic'::rmIiIliIimJlIl::i --, i :.!: ~- :-:'~~(:l! -rNtni1tI11llB:1 , lJlJlI1l1JllJ JlMjIII'I!i. Uill~L~ u Ordinance Number 1348 090 (3) Serve as surety for the performance of a person doing .-'bu:slness with the '-CitY- 'nor'serve as surety for: a City officer or employee required by this Charter to make a surety bond. ~ I : , I o c. Rules - The' Councilshall'-adopt rules, by ordinance, for investigating and declaring violation of this section. d. Penalties (1) Violations of this section, if declared in accordance with such rules, shall result in forfeiture of City office or employment. (2) A contract in which an employee or elected or appointed official has .or acquires an interest may be declared void by the Council. e~ Compliance with State law This section is not violated in case of actions involving business entities or real property under circumstances where there is no violation of Chapter 171 of the Texas Local Government Code, as heretofore or hereafter amended or codified. For purposes of this subsection, all employees and elected or appointed officers. with l respect to their areas of responsibility, shall be subject to the i same State law standards as Council Members, and any required ~ a'ffi'davi ts shall be 'filed "Defore any acti on is taken by the officer or employee." , AMENDMENT NO. 7 TO THE CHARTER OF THE CITY OF WEST UNIVERSITY PLACE '. ; Section 10.07 of Article X of the Charter of the City of West University Place shall hereafter read as follows: "Section 10.07 Notice of Claim The City shall not be held 1 iab 1 e for the death of or injury to a person, or for damage to property, unless the claimant or legal representative files a written statement of claim with the City Secretary within 100 days after the event alleged to have caused the death, injury, or damage. The statement must describe the nature and extend of the injury or damage; describe the place and circumstances of the alleged causal event; itemize by monetary amount the injury and damage; and, for personal injuries, name witnesses, if any, to the event." WHEREAS, in accordance with the terms and provisions of the Texas J Election Code, the judges of said election have recorded, signed and delivered the returns of said election, together with the poll lists and tally lists, to the Mayor and City Council, and have filed same r with the City Secretary; and Ordinance Number 1348 091 n WHEREAS, the Mayor and City Councilmembers, duly assembled on this date, have opened and examined said election returns and, in accordance with the City Charter and the laws of the State of Texas, wish to pass an ordinance canvassing said returns and declaring the results of said election; Now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WET UNIVERSITY PLACE, TEXAS: Section 1. The City Council hereby officially finds, determines and declares that: (a) At a regular meeting of the City Council held March 13, 1989, the City passed_an,cirdinance: calling the aforesaid charter election, appointing all requisite election officials and designating poll ing places (designated by the City Council and referr"~d to herei'n as 1I0rdiiiance No. 134011); o (b) Notice of the March 13 meeting was posted at the City Hall, atCi place convenient and readily accessible to the general public at all times for it-least 72 hours preceding the scheduled time ot>such meeting and such meeting was open to the public at all times during which Ordinance No. 1340 and the subject matter thereof was discussed, considered and acted upon, all in compliance with the Open' Meetings Act, Article 6252-17, Vernon1s Texas Civil Statutes~as amended; (c) Notice of the aforesaid charter election was given by posting a notice containing a substantial copy of Ordinance No. 1340 in English and in Spanish at the City Hall and in each of the four election precincts, which were each found to be public places in the City, not less than fourteen (14) days prior to the date on which'the election was held, and same was likewi.sepublished on Thursday, April 6, 1989, and Thursday, April 13, 1989, in English and in Spanish in a newspaper published in Harris County, Texas, of general circulation in the City; (d) The ballots for the charter election were provided in English and in Spanish in accordance with law; (e) Absentee voting and voting on the date of the:,el~ction were carried out in accordance with the Texas Election Code,:~nd the p~ovisions of Ordinance No~ 1340; and ~ 1 -:- (f) All appointed election officials were duly qualified to serve and all carried out their duties in accordance with law. n Section 2: The City Council, pursuant to an official canvass of the returns of said election, hereby declares the results of the voting on each of the seven amendments, which are set forth in full in the preamble to this Ordinance, to be as follows: rr:J], __LLLl ,_ dl I, 1-ri-rlI::JI[] ~J:_ __:~__JLJlWillll!IIUIIJ l'fl:'-:-"-;rlTIT:n1mll1illl-'j -... Um~IW[L~,jlJ.1 _ EWllI! r,: I : . l "f..'!;' '" , IlJJ: II 'f 0 t- Ordinance Number 1348 092 , 'AMENDMENT NO. 1 J For Against Precinct #183 240 58 Precinct #133 191 62 Precinct #87 318 55 - Precinct #15 293 57 Absentee 167 29 TOTAL 1209 261 AMENDMENT NO. 2 Precinct #183 260 88, Precinct #133 198 88 Precinct #87 350 101 Precinct #15 299 100 Absentee I , .' '144 . 47 TOTAL 1251 424 .. ... AMENDMENT NO.: 3 Precinct #183 309 46 Prectnc't #133 243 42 Precinct #87 387 62 Precinct #15 356 40 Absentee 1'65 21 lOTAL 1460 211 AMENDMENT NO. 4 Precinct #183 252 100 Precinct #133 209 82 Precinct #87 348 115 Precinct #15 313 88 Absentee 152 39 TOTAL 1274 424 l TOTAL Ordinance Number 1348 093 AMENDMENT NO. 5 300 45 230 49 ":372 61 354' 42 .~. '-~ 170 19 , , '1426 ' 216 AMENDMENT NO. 6 302 40 244 38 382 58 354 39 179 15 1461 190 AMENDMENT NO. 7 262 105 208 83 311 145 295 119 154 48 1230 500 D Precinct #183 Precinct #133 Prec in-ct '#87 Precinct #15 Absentee : . _.J TOTAL Precinct #183 Precinct #133 Precinct #87 Precinct #15 Absentee TOTAL o Precinct #183 Precinct #133 Precinct #87 Precinct #15 Absentee Section 3. (a) The City Council hereby finds and declaresthat (i) more than a majority of the duly qualified voters voting at .said election have voted in favor of each of the seven amendments submitted; (ii) each of such amendments has been adopted, and (iii) the Charter of the City is amended as provided in such amendments (which are set forth in full in the preamble of this ordinance). (b) This ordinance shall constitute the official act of the City Council in examining, counting and declaring the results of the charter amendment election of May 6, 1989, and it shall further constitute the order of the City Council required by Section 9.005 of the Texas Local Government Code. n Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The _,-ZI ...I~--"_- "~ ._".""._.I~ .... ., 'M ....".. __.-' I.tl~-~:~:: --l':I:r:r.=:r:l:r~~:I'" ,111IJ11...:. U UIWJI 11ll-~ u L Ordinance Number 1348 City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. The publ ic importance of this measure and the. , ' requirement of the law create an 'emergency and an urgent public necessity requiring that this Ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared, and this Ordinance is accordingly passed as an emergency measure and shall take effect and be in force immediately from and after its passage and signature. PASSED AND APPROVED the 8th day of ,May , 1989. Voting Aye: Voting No: Absent: signed: Michael L. Parks, Mayor ATTEST: Audrey Nichols Ci ty Secretary (SEAL) Approved as to Form: James L. Dougherty, Jr. City Attorney 094 -1 , ) 'I I ~J -----. , L