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HomeMy WebLinkAboutORD 1966 Calling the 2013 General ElectionCity of West University Place Harris County, Texas Ordinance No. 1966 AN ORDINANCE CALLING AN ELECTION WITHIN THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE ELEVENTH (11`h) DAY OF MAY, 2013, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR (4) COUNCIL MEMBERS; DESIGNATING PRECINCTS AND POLLING PLACE; APPOINTING ELECTION OFFICIALS; CONTAINING FINDINGS AND PROVISIONS RELATING TO SAID ELECTION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: SECTION 1. A general election is hereby ordered and shall be held in the City of West University Place, Texas ( "City ") on May 11, 2013 ( "Election Day "), for the purpose of electing a Mayor and four (4) Council Members of the City. SECTION 2. (a) The eSlate Direct Recording Electronic Voting System (the "DRE ") shall be used for early voting by personal appearance and for regular voting on Election Day. (b) Paper ballots shall be used for voting by mail and such ballots shall be manually counted. All ballots shall be prepared in accordance with the applicable provisions of the TEXAS ELECTION CODE and the Voting Rights Act of 1965 and any amendments thereto so that the voters may cast their ballots for the candidates of their choice. (c) The City Council hereby appoints Ramsay Elder to be Presiding Judge for the Central Counting Station, which shall be located at the West University Place Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 (Council Chambers). Thelma Lenz shall serve as the Manager and Tabulation Supervisor of the Central Counting Station. SECTION 3. (a) The City shall have one (1) polling place for citizens residing in all four (4) Harris County voting precincts within West University Place ( #15, #87, #133, #183) to vote and the persons hereby appointed to serve, for this election only, as Presiding Judge and Alternate Presiding Judge for the polling place, are as follows: Polling Place: West University Place Council Chambers 3800 University Boulevard Marie Monroe, Presiding Judge Ramsay Elder, Alternate Presiding Judge (b) The Presiding Judge shall appoint not fewer than four (4) and not more than six (6) qualified clerks to serve and assist at the polling place under his /her jurisdiction in holding said election; provided that, the Presiding Judge herein appointed actually serves in holding said election, the Alternate Presiding Judge shall be one of the clerks. (c) The Presiding Judge and Alternate Presiding Judge will be entitled to compensation at an hourly rate not to exceed $10.00 and each election clerk will be entitled to compensation at an hourly rate not to exceed $8.0o. (d) On Election Day, the polls shall be open from 7:00 A.M. to 7:00 P.M. (e) The early voting clerk shall be the City Secretary of the City. Early voting by personal appearance shall be conducted at the City Hall Council Chambers, Municipal Building, 3800 University Blvd., West University Place, Texas 77005, on weekdays during the early voting period (April 29, 2013 through May 7, 2013) during the hours the City Secretary's main business office is regularly open for business (8:00 a.m. to 5:00 p.m.) on each day which is not a Saturday, Sunday, or official state or federal holiday, in accordance with the provisions of the TEXAS ELECTION CODE. Extended hours for early voting will held on May 6`" and May 7t" from 7:00 a.m. to 7:00 p.m. The early voting clerk's mailing address, to which ballot applications and ballots voted by mail may be sent, shall be: City Secretary, Municipal Building, 3800 University Blvd., West University Place, Texas 77005. Applications for ballots by mail must be received by the early voting clerk no later than the close of business on May 3, 2013. Ramsay Elder shall serve as the presiding officer of the Early Voting Ballot Board for this election. SECTION 4. All qualified electors of the City shall be permitted to vote at said election. Notwithstanding any provisions to the contrary in this ordinance, the election shall be held and conducted in accordance with the TEXAS ELECTION CODE and the VOTING RIGHTS ACT OF 1965, as amended, and, as may be required by law. All election materials and proceedings shall be printed in English and Spanish. In addition, standard voting information booklets shall be provided in English and Spanish and the City Secretary shall make arrangements with the election officials for the use of a Spanish interpreter. It is found and determined that these measures will adequately serve any Spanish speakers eligible to vote in the election. In addition, per the preclearance of the United States Department of Justice and the Voting Rights Act of 1965, the City shall utilize a targeting system for Vietnamese and Chinese speakers, as necessary, so that such language minority group members who need minority language materials and assistance receive them. SECTION 5. The form of the notice prescribed by the Texas Secretary of State's Office shall serve as proper notice of said election. Said notice, including a Spanish translation thereof, shall be given by publishing it and posting it in accordance with Section 4.003, of the TEXAS ELECTION CODE. In addition, per the Voting Rights Act of 1965, the City Secretary will make the Notice available in both Chinese and Vietnamese languages, as may be necessary pursuant to the targeting system. SECTION 6. The Mayor, the Mayor Pro Tem, the City Manager, the City Secretary and the Assistant City Secretary, or any one of them, are authorized on behalf of the City Council to evidence adoption of this Ordinance and to do any and all other things legal and necessary in connection with the holding and consummation of such election and to give effect to the intent of this Ordinance. Appointments of election officials in this Ordinance are made for this election only. SECTION 7. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall not be affected thereby. SECTION 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. SECTION 9. 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 Texas Open Meetings Act, 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 City Council ratifies, approves and confirms such notices and the contents and posting thereof. SECTION 10. The public importance of this measure and the requirements 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. PASSED AND APPROVED ON FIRST AND FINAL READING, this the 25th day of February , 2013. RECOMMENDED: Michael Ro , Cify Manager Signed: 1 Bob Fry Mayor Pro Tern REVIEWED: Alan P. Petrov JJ City Attorney 3