HomeMy WebLinkAboutORD 1981 Calling for Special Charter ElectionCity W West University Place
Harris County, Texas
Ordinance No. 1981
AN ORDINANCE CALLING A SPECIAL ELECTION WITHIN THE CITY OF WEST
UNIVERSITY PLACE, TEXAS FOR THE FIFTH 15TH) DAY OF NOVEMBER, 2013, FOR THE
PURPOSE OF SUBMITTING PROPOSED CHARTER AMENDMENTS TO THE GUAUFIED
VOTERS OF THE CITY; MAKING PROVISIONS FOR THE CONDUCT OF SUCH ELECTION;
AND DECLARING AN EMERGENCY.
WHEREAS, as required by Section 10.13 of the home -rule Charter ('Charter") M the
City of West University Place. Texas ( "City''), the City Council of the City appointed a Charter
Review Committed; and
WHEREAS, the Charter Review Committee has carefully studied the Charter and has
matte a number of recommendations to the City Council for amendments; and
WHEREAS, the City Council desires to submit proposed amendments re the pushed
voters of the City, as authorized! by Section 9.004 of the Texas Laval Government Code, on the
Council's own motion; and
WHEREAS, the City Council has determined that it will conduct a joint election with
Harris County pursuant to the Agreement between Harris County and the City Relating to Joint
Elections to be held November 5, 2013; and
WHEREAS, the Election will be administered by fie Harris County Elections
Administrator pursuant to the Agreement between Harris County and the City Relating to Joint
Elections to be held November 5, 2013.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
SECTION 1. The City Council hereby cells a special election, to be conducted thintty
and concurrently with Hams County, for Me purpose of operaing proposetl City Charter
amendments tome qualified voters of Me 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 Mete#of Meprcpws demendments. woNS Hw'keneW wouMbedelisma mm Me Charter. Another
scatter wouN be in the Charter if the amendments are wander r Woms 0 be Added are typically shown by
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PROPOSED CHARTER AMENDMENTS
Amend Stealth 2.03 W the Charter as hall
Season 2.03 — limit on Successive Terms.
No parson shall serve as Mayor for more Man was three
successive terms and no person shall serve as Council Member
for more than hva three successive terms.
Amentl S ehlor 4Dl o/tlre ChnlMas hollows:
Section 4.01 — Power of Initiative.
The people of the City reserve Me power of direct legislation by
initiative, and in the exercise of that power may propane any
ordinance, except ordinances appropriating money or levying
taxes or ordinances repealing ordinances appropriating money or
levying taxes, not in conflict with this Chaffer 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 More fib percent of all
qualified voters of the City.
AmMd Seco o r 4.02 M tlw Charter as stores:
Section 4.02 — Power of Referendum.
The people of Me 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 tex 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 Me laws of the State of Texas. Before, or within 90
days after, the eflecfive date of any ordinance which is subject to
referendum, a petition signed by charged voters of the City, equal
in number to at least three five percent of all qualified voters of the
City, may be died who the City Secretary requesting Mat 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 affect, until and unless it is approved by the voters as herein
provided.
Amster Sexism 4.06 mass Chateras ldbws:
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 Men, for the next six years only by a
vote of four -finis of the Council Members qualified and serving.
Eight years after adoption, such ordinance may be repealed ar
amended by simple maturitv of the Council M m
equaled and serving. A referred ordinance which is rejected by a
majority of Me legal votes Cast in a referendum elechm 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 highs of the Council Members coupled and serving.
Abroad Section 6.02 of the Charter as forows:
Section SW — City Manages Powers and glass.
a. The City Manager shall be responsible to the Council for
the efficient and economical administration of the City
government. The City Manager shall, with approval of the City
Council, appoint all department heads and the Citv Secretary. The
City Manager shall have the authority, after consultation wit the
Council, to remove all department heads and the City Secretary.
Unless otherwise provided in this Charter, Me City Manager shall
also have the auMOrdy 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 Met
department.
Except for the purpose of obtaining information, Me
Council and
its members shall deal with employees through Me
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 appolMed 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 Me Council with the right to
Mks pad In discussion but with no vote;
(6)
Administer the enforcement of all City eminences;
and
(7)
Perform all other duties directed by me (xsmcu and
not inconsistent with this Charter.
AmeM Swakin 609 of Me Charter as follows:
Section 6.03— City Secretary.
iu The MGMG1 MAP imparet P CA' Secretary The Cry
8@008tart shad' be speed to compensation for sonless as
Cases
6 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 Mat 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 Me laws of the
State of Texas as an officer of the City,
SECTION 2. (a) The kittens Direct Recording Electronic Voting System (the "DRE °)
provided by Harris County 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.
ka The following PROPOSITIONS for the Special Election shall be submitted in
accordance with law.
PROPOSED CHARTER AMENDMENTS
PROPOSITION 1
RELATING TO LIMIT ON SUCCESSIVE TERMS
SHALL ARTICLE II, SECTION 2.03 OF THE CHARTER REIATING TO THE LIMIT ON
SUCCESSIVE TERMS FOR MAYOR AND COUNCIL, BE AMENDED TO INCREASE THE
NUMBER OF SUCCESSIVE TERMS FROM TWO (2) TO THREE (3)?
PROPOSITION 2
RELATING TO THE POWER OF INITIATIVE
SHALL ARTICLE IV, SECTION 4.01 OF THE CHARTER RELATING TO THE POWER OF
INITIATIVE, BE AMENDED TO INCREASE THE NUMBER OF SIGNATURES REQUIRED ON
INIATIVE PETITIONS SUBMITTED TO COUNCIL FROM THREE PERCENT (3 0A) TO FIVE
PERCENT (5 %) OF ALL QUALIFIED VOTERS OF THE CITY?
PROPOSITION 3
RELATING TO THE POWER OF REFERENDUM
SHALL ARTICLE IV, SECTION 4.02 OF THE CHARTER RELATING TO THE POWER OF
REFERENDUM, BE AMENDED TO INCREASE THE NUMBER OF SIGNATURES REQUIRED
ON REFERENDUM PETITIONS FROM THREE PERCENT (3 %) TO FIVE PERCENT (5 %) OF
ALL QUALIFIED VOTERS OF THE CITY?
PROPOSITION 4
RELATING TO ELECTION RESULTS
SHALL ARTICLE IV, BECTON 4.06 OF THE CHARTER RELATING TO RESULTS OF
ELECTION, BE AMENDED TO LIMIT THE FOUR - FIFTHS (46) VOTE REQUIREMENT OF
COUNCIL TO REPEAL OR AMEND AN ORDINANCE TO A SIX (6) YEAR PERIOD AND
ALLOW A SIMPLE MAJORITY OF COUNCIL TO REPEAL OR AMEND AN ORDINANCE
EIGHT (8) YEARS AFTER ADOPTION?
PROPOSITION 5
RELATING TO THE CITY MANAGER
SHALL ARTICLE VI, SECTION SW OF THE CHARTER RELATING TO THE CITY
MANAGER, BE AMENDED TO REQUIRE THE CITY MANAGER, WITH THE APPROVAL OF
CITY COUNCIL, TO APPOINT THE CITY SECRETARY?
PROPOSITION 6
RELATING TO THE CITY SECRETARY
SHALL ARTICLE VI, SECTION 6.03 OF THE CHARTER RELATING TO THE CITY
SECRETARY, BE AMENDED TO DELETE THE PROVISION REGARDING CITY COUNCIL
APPOINTMENT OF THE CITY SECRETARY AND INCULDE A PROVISION SETTING FORTH
THE POWERS AND DUTIES OF THE CITY SECRETARY?
All ballots shall be prepared In accordance with vie applicable provisions M the TEXAS
ELECTION CODE and the Voting Rights Act 0 1965 and airy amendments thereto, so as W
permit the electors to vote 'FOR" or "AGAINST' the aforesaid propositions separately, which
shall be set forth in substantially the following form in English, Spanish, Vietnamese and
Chinese - Mandarin:
FOR
AGAINST
FOR
AGAINST
FOR
AGAINST
FOR
AGAINST
FOR
AGAINST
FOR
AGAINST
OFFICIAL BALLOT
PROPOSITION I
AUTHORIZE AN AMENDMENT TO ARTICLE II,
SECTION 2.03 OF THE CHARTER RELATING TO
THE LIMIT ON SUCCESSIVE TERMS FOR MAYOR
AND COUNCIL, TO INCREASE THE NUMBER OF
SUCCESSIVE TERMS FROM TWO (2) TO THREE
(3).
PROPOSITION 2
AUTHORIZE AN AMENDMENT TO ARTICLE IV,
SECTION 4.01 OF THE CHARTER RELATING TO
THE POWER OF INITIATIVE, TO INCREASE THE
NUMBER OF SIGNATURES REQUIRED ON
INIATIVE PETITIONS SUBMITTED TO COUNCIL
FROM THREE PERCENT (3 %) TO FIVE PERCENT
(5 %) OF ALL QUALIFIED VOTERS OF THE CITY.
PROPOSITION 3
AUTHORIZE AN AMENDMENT TO ARTICLE IV,
SECTION 402 OF THE CHARTER REIATING TO
THE POWER OF REFERENDUM, TO INCREASE
THE NUMBER OF SIGNATURES REQUIRED ON
REFERENDUM PETITIONS FROM THREE
PERCENT (3 %) TO FIVE PERCENT (5 %) OF ALL
QUALIFIED VOTERS OF THE CITY.
PROPOSITION 4
AUTHORIZE AN AMENDMENT TO ARTICLE IV,
SECTION 4.06 OF THE CHARTER RELATING TO
RESULTS OF ELECTION, TO LIMIT THE FOUR -
FIFTH (4/5) VOTE REQUIREMENT OF COUNCIL TO
REPEAL OR AMEND AN ORDINANCE TO A SIX (6)
YEAR PERIOD AND ALLOW A SIMPLE MAJORITY
OF COUNCIL TO REPEAL OR AMEND AN
ORDINANCE EIGHT (8) YEARS AFTER ADOPTION.
PROPOSITION 5
AUTHORIZE AN AMENDMENT TO ARTICLE VI,
SECTION 6.02 OF THE CHARTER RELATING TO
THE CITY MANAGER, TO REQUIRE THE CITY
MANAGER, WITH THE APPROVAL OF CITY
COUNCIL, TO APPOINT THE CITY SECRETARY.
PROPOSITION 6
AUTHORIZE AN AMENDMENT TO ARTICLE V1,
SECTION 603 OF THE CHARTER RELATING TO
THE CITY SECRETARY, TO DELETE THE
PROVISION REGARDING CITY COUNCIL
■
APPOINTMENT OF THE CITY SECRETARY AND
INCLUDE A PROVISION SETTING FORTH THE
POWERS AND DUTIES OF THE CITY SECRETARY.
SECTION 3. (a) The City consists of the following five (6) voting precincts and pilling
places as deecnbed below:
Precinct
Number
Palling Place
Address
15
87
133
163
806
(b) Each precinct herein named is a regular Harris County election precinct, as such
precincts were most recently established by the Commissioners Coud of Harris County, Texas,
and, therefore, the City hereby appoints the Harris County election officials as its special officers
for this election. The officers of such Election shall be as follows:
Presiding Judge:
Early Voting Cie *:
Alternate Presiding Judge:
Tabulation Supervisor:
(c) On Election Day, the polls shad be open from 7:00 A.M. M 7:00 P.M.
(d) Early Voting by personal appearance shall be conducted at the Hams County
Administration Building, 1001 Preston Street, 1st Floor, Houston, Harris County, Texas 77002,
as well as satellite locations throughout Harris County. For purposes of this Election, the Harris
County Administration Building, 1001 Preston Street, 1 st Floor, Houston, Harris County, Texas
77002, shall be deemed a public place during polling hours. Early voting ballots for voting by
mail may be oesined from and mailed to Me Early Voting Clerk at Hams County Clerk, P.O.
Box 1148, Houston, Harris County, Texas A251 -1148, and shall be received through 7:00 p.m.
on November 5, 2013. The Early Voting Clerk shall keep the office for early voting by personal
appearance open for such purposes at the times listed below, beginning on Monday,
October 21, 2013 and continuing through Friday, November 1, 2013,
Monday, October2l— Friday, OCtober25 8:OOa.m.- 4:3(rem.
Saturday, October 26 7:00 a.m. -7:031 p.m.
Sunday, October 27 1:00 p.m. - 6:00 p.m.
Monday, October 28— Friday, November 1 7:08 a.m. - 7:08 p.m.
SECTION 4. All qualified electors of Me City shall be permitted to vote at said election.
Notwithstanding arty provisions to Me contrary in this ordinance, the election shall be held and
conducted in accordance with the TEXAS ELECTION CODE and the VOTING RIGHTS ACT
OF 1%5, as amended, and, as may be requiretl by law.
SECTION 5. The form 0 the notice prescribed by the Texas Secretary of State's Office
shall serve as proper notice of saki 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.
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 CM 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
the Ordinance.
SECTION ]. If any word, phrase, clause, sentence , paragraph, section or other part of
this ordinance or the apploat in thereof to any person or circumstance, shall ever be held to be
invalid or unconstitutional by any wort of competent jurisdiction, neither the remainder of this
ordinance, nor the application of such wow, 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 eminences and pads of ommances in conflict herewith are hereby
repealed to the extent of to 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 Me 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 passai
ue wesi ryp SSEDANO APPROVED ON R RST AND FINAL READING, this the 26th day
Signed
r-LwonY V
y #q1 san Sampte
Mayor Pro Tom
RECOMMENDED
Michael R e, City Manager
' REVIEWED:
elma A. Lenz Alan P. Petrov
City Secretary City Attorney