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HomeMy WebLinkAboutORD 1967 Calling Special Charter Election (Did Not Pass)D_,1k cam+-- row- - City of West University Place Harris County, Texas Ordinance No. 1967 AN ORDINANCE CALLING A SPECIAL ELECTION WITHIN THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE ELEVENTH (11TH) DAY OF MAY, 2013, FOR THE PURPOSE OF SUBMITTING PROPOSED CHARTER AMENDMENTS TO THE QUALIFIED VOTERS OF THE CITY; MAKING PROVISIONS FOR THE CONDUCT OF SUCH ELECTION; AND DECLARING AN EMERGENCY. WEHREAS, as required by 10.13 of the home -rule Charter ( "Charter') of the City of West University Place, Texas ( "City "), the City Council of the City appointed a Charter Review Committee; and WHEREAS, the Charter Review Committee has carefully studied the Charter and has made a number of recommendations to the City Council for amendments; and WHEREAS, the City Council desires to submit proposed amendments to the qualified voters of the City, as authorized by Section 9.004 of the Texas Local Government Code, on the Council's own motion; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: SECTION 1. The City Council hereby calls a special election to be held in the City of West University Place, Texas on May 11, 2013, for the purpose of submitting proposed City Charter amendments to the qualified voters of the City. The City Council finds that holding the election on such date is in the public interest. The proposed Charter amendments are as follows: (In the text of the proposed amendments, words stricken out would be deleted from the Charter. All other words would be in the Charter if the amendments are adopted. Words to be added are typically shown by undeninina.) PROPOSED CHARTER AMENDMENTS Amend Section 2.03 of the Charter as follows: Section 2.03 — Limit on Successive Terms. No person shall serve as Mayor for more than twe three successive terms and no person shall serve as Council Member for more than twe three successive terms. Amend Section 4.01 of the Charter as follows: Section 4.01 — Power of Initiative The people of the City reserve the power of direct legislation by initiative, and in the exercise of that power may propose any ordinance, except ordinances appropriating money or levying taxes or ordinances repealing ordinances appropriating money or levying taxes, not in conflict with this Charter or the Constitution or laws of the State of Texas. Any initiated ordinance may be submitted to the Council by a petition signed by qualified voters of the City equal in number to at least three five per cent of all qualified voters of the City. Amend Section 4.02 of the Charter as follows: Section 4.02 — Power of Referendum The people of the City reserve the power to approve or reject at the polls any Council legislation which is subject to the initiative process under this Charter, except that ordinances authorizing the issuance of either tax or revenue bonds, whether original or refunding bonds, shall not be subject to referendum. The people may by petition require voter approval of ad valorem tax increase as provided by the laws of the State of Texas. Before, or within 90 days after, the effective date of any ordinance which is subject to referendum, a petition signed by qualified voters of the City, equal in number to at least three five per cent of all qualified voters of the City, may be filed with the City Secretary requesting that the ordinance be either repealed or submitted to a vote of the people. When the petition has been certified as sufficient by the City Secretary, the ordinance specified in the petition shall not go into effect, or further action thereon shall be suspended if it has gone into effect, until and unless it is approved by the voters as herein provided. Amend Section 4.06 of the Charter as follows: Section 4.06 — Results of Election Any number of ordinances may be voted on at the same election in accordance with the provisions of this Article. If a majority of the legal votes cast is in favor of an initiated ordinance, it shall thereupon be effective as an ordinance of the City. An ordinance thus adopted may not be repealed or amended until after the expiration of two years and then, for the next six years, only by a vote of four -fifths of the Council Members qualified and serving. Eight years after adoption, such ordinance may be repealed or amended by simple majority of the Council Members then qualified and serving. A referred ordinance which is rejected by a majority of the legal votes cast in a referendum election shall be thereby repealed. An ordinance thus rejected may not be reenacted until after the expiration of two years and then only by a vote of four -fifths of the Council Members qualified and serving. Amend Section 6.02 of the Charter as follows: Section 6.02 — City Manager: Powers and Duties. a. The City Manager shall be responsible to the Council for the efficient and economical administration of the City government. The City Manager shall have the authority, with approval of the City Council, to appoint all department heads and the City Secretary. The City Manager shall have the authority, after consultation with the Council, to remove all department heads and the City Secretary. Unless otherwise provided in this Charter, the City Manager shall also have the authority to appoint and remove all other employees of the City. The City Manager may authorize the head of any department to appoint and remove subordinates in that department. Except for the purpose of obtaining information, the Council and its members shall deal with employees through the City Manager. b. The City Manager shall: (1) Prepare and submit annually to Council a budget and administer the budget after its adoption; (2) Advise the Council of the financial condition and future financial needs of the City; (3) Recommend to the Council the salaries to be paid to each appointed officer and employee of the City; (4) Recommend to the Council in writing actions or policies the City Manager considers desirable; (5) Attend all meetings of the Council with the right to take part in discussion but with no vote; (6) Administer the enforcement of all City ordinances; and, (7) Perform all other duties directed by the Council and not inconsistent with this Charter. Amend Section 6.03 of the Charter as follows: Section 6.03 — City Secretary. The City Secretary or an Assistant City Secretary shall give notice of Council meetings; shall keep the minutes of proceedings of Council meetings; shall authenticate by signature and record in full in a book kept and indexed for that purpose, all ordinances and resolutions; shall hold and maintain the City Seal, and affix the seal to all instruments requiring it; and shall perform other duties required by the Council, this Charter, or the laws of the State of Texas. Amend Section 10.11 of the Charter as follows: Section 10.11 — Interim Government. After the adoption of this Charter and until the first regular City election under this Charter and until the qualification of the Mayor and Council Members elected at that election, the Mayor and Gemmissiener-s Council Members then in office shall continue in office as Mayor and Council Members respectively and may exercise all of the powers conferred on the City by this Charter. 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 M 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 host 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. (d) The President Judge and Alternate President 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 $8.00. (e) On Election Day, the polls shall be open from 7:00 A.M. to 7:00 P.M. (f) 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 7`" 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. Signed: (SEAL) rJPt0 0 —Air (Z Bob Fry J Mayor RECOMMENDED: Michael Ross, City Manager ATTEST: Thelma A. Lenz City Secretary REVIEWED: Alan P. Petrov City Attorney 5