HomeMy WebLinkAboutORD 1986 Canvassing returns of Special Charter ElectionCity of West University Place
Harris County, Texas
Ordinance No. 1986
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING
THE RESULTS OF THE SPECIAL CHARTER ELECTION HELD IN THE
CITY OF WEST UNIVERSITY PLACE, TEXAS, ON NOVEMBER 5,
2013; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS, on August 26, 2013, the City Council of the City of West University
Place, Texas, (the "City ") adopted Ordinance No. 1981, which ordered that a special
election be held for the purpose of submitting proposed City Charter amendments to the
qualified voters of the City, as authorized by Section 9.004 of the Texas Local
Government Code, which amendments were submitted, on the Council's own motion, to
amend the City Charter as follows:
(In the text of the proposed amendments, words °'4Gken ou t 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 underlining.)
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 We three
successive terms and no person shall serve as Council
Member for more than trae 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
00149269
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:
00149269
(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 as an officer of the City.
WHEREAS, said election was called and notice was given in accordance with the
law, and the election was held in all material respects in conformity with the law; and
WHEREAS, the returns of such election have been duly and legally made and
submitted to the City Council, and the City Council has examined such returns, including
the tabulation attached hereto as Exhibit A and made a part hereof for all purposes;
00149269
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. All of the recitals contained in the preamble to this Ordinance are
found to be true and are adopted as findings of fact by this City Council and as part of its
judgment, particularly the tabulation of returns of the election set out in Exhibit A.
Section 2. (a) The City Council now formally canvasses the returns of such
elections, and it is hereby adjudged, determined and declared that:
(1) 983 qualified voters of the City, being more than a majority of the qualified
voters of the City voting at said election, have voted against and
disapproved the proposed amendment to Section 2.03 of the Charter set
out in the preamble of this Ordinance; and
(2) 961 qualified voters of the City, being more than a majority of the qualified
voters of the City voting at said election, have voted against and
disapproved the proposed amendment to Section 4.01 of the Charter set
out in the preamble of this Ordinance; and
(3) 943 qualified voters of the City, being more than a majority of the qualified
voters of the City voting at said election, have voted against and
disapproved the proposed amendment to Section 4.02 of the Charter set
out in the preamble of this Ordinance; and
(4) 1,008 qualified voters of the City, being more than a majority of the qualified
voters of the City voting at said election, have voted for and approved the
proposed amendment to Section 4.06 of the Charter set out in the preamble
of this Ordinance; such proposed amendment has been adopted; and the
Charter of the City is amended as provided in such amendment; and
(5) 1,124 qualified voters of the City, being more than a majority of the qualified
voters of the City voting at said election, have voted for and approved the
proposed amendment to Section 6.02 of the Charter set out in the preamble
of this Ordinance; such proposed amendment has been adopted; and the
Charter of the City is amended as provided in such amendment; and
(6) 1,102 qualified voters of the City, being more than a majority of the qualified
voters of the City voting at said election, have voted for and approved the
proposed amendment to Section 6.03 of the Charter set out in the
preamble.
(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
November 5, 2013, and it shall further constitute the order of the City Council required by
Section 9.005 of the TEXAS LOCAL GOVERNMENT CODE. This Ordinance shall be
signed and immediately entered into the records of the City, whereupon the proposed
amendments to the City Charter takes effect as provided in said Section 9.005. The City
Secretary shall endorse this Ordinance to indicate when this Ordinance is entered into
the records of the City and takes effect. The Mayor or chief executive officer of the City
shall certify the amendment to the Texas Secretary of State as provided in Section 9.006
of the TEXAS LOCAL GOVERNMENT CODE.
Section 3. The City Secretary is hereby authorized and directed to make the
appropriate entries of information in the election register maintained by the City in
accordance with provisions of Section 67.006 of the TEXAS ELECTION CODE.
00149269
Section 4. 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, the
remainder of this ordinance and 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 5. All ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of the conflict only.
Section 6. 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 7. The public 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. This ordinance is accordingly passed as an emergency measure and shall
take effect immediately upon adoption and signature.
CONSIDERED, PASSED, APPROVED AND ADOPTED on first and final
reading on November 18, 2013 2013.
;ichael commk"vyM
, er
00!49269
Signe d:
Bob Fry, May
Reviewed By:
L�,4��
Alan Petrov, City Attorney
Exhibit A
(Official Canvass Report Follows This page)
00149269
Canvass Report — Total Voters — Official
Harris County, Texas — Joint Election — November 05, 2013
Page 1 of 6 11/1472013 01:43 PM
Total Number of Voters 260,437 of 1,967,881 = 13.23% Precincts Reporting 1,064 of 1,064 = 100.00%
Number of District Voters: 2,009 of 10,637 = 18.89% District Precincts Reporting 5 of 5 = 100.00%
City of West University Place, PROPOSITION 1
Prennd Eatly ElecM1on Tool 11e915h,ed Pen,.0 — —
Ballots Ballots Ballots Voters Turnout
Last Casr Last t.
O
a
0015
100
485
585
2,780 2104%
275
294
569
0087
128
too
232
2,768 8.38%
128
97
225
0133
73
391
464
2619 1772%
211
237
W6
0183
63
385
448
2 444 18.33%
212
222
434
0906
0
260
280
26 1076.92%
137
133
270
Totelc .884 /,848 21689 10,837 993 181 .1,946
Canvass Report — Total Voters — Official
Harris County, Texas —Joint Election — November 05, 2013
Page 2 of 6 11/1412013 01:43 PM
Total Number of Voters: 260,437 of 1,967,881 = 13.23% Precincts Reporting 1,064 of 1.064 = 100.00%
Number of District Voters: 2,009 of 10,637 = 18.89% District Precincts Reporting 5 of 5 = 100.00%
City of West University Place, PROPOSITION 2
Precinct Ea4y Election Total Registere4 POrcent o a _
Ban.. Ballot. B.U.M Voters Turna.1
Cap cast east
0015
100
485
585
2780 21.04%
266
294
560
0087
128
199
232
2.768 a38%
132
91
223
0133
73
391
464
2.619 17.72%
209
229
436
0183
E3
306
448
2444 IS 33%
216
218
434
09%
0
280
280
26 1.076,92%
136
129
265
Tolalb 384 1,645 21009. 10,637 969 961 1,920
Canvass Report — Total Voters — Official
Harris County, Texas — Joint Election — November05, 2013
Page 3 of 6
Total Number of Voters: 260,437 of 1.967,881 - 13.23%
Number of District Voters: 2,009 of 10,637 = 18.89%
City of West University Place, PROPOSITION 3
Precinct II Early II Election II Total II Registered I Poraent
Ballots Ballots Ballets II Voters Turnout
Cast Cast Cast
1111 412 01 3 01:43 PM
Precincts Reporting 1,064 of 1,064 = 100.00%
District Precincts Reporting 5 of 5 = 100.00%
0015
100
485
505
2,780 21.04%
261
291
552
0087
128
104
232
2768 0.38%
129
89
219
0133
73
391
484
2619 1752%
208
226
434
0183
63
385
448
2,444 1833%
207
213
420
0906
0
200
200
26 107692%
137
124
261
fMNsf. 3" 1,645 : 009. 10.637 r 942. 943 1,886
Canvass Report — Total Voters — Official
Harris County, Texas — Joint Election — November 05, 2013
Page 4 of 6
Total Number of Voters'. 260,437 of 1,967,881 = 13.23%
Number of District Voters'. 2.009 of 10,637 = 18.69%
City of West University Place, PROPOSITION 4
11/1412013 01:43 PM
Precincts Reporting 1,064 of 1,064 = 100.00%
District Precincts Reporting 5 of 5 = 100.00%
0015
109
405
555
2700 21 04%
296
215
514
0067
120
104
232
2766 9.30%
126
Cant
cast
ciint
73
391
464
2 619 17 72 fi
214
197
411
0183
53
385
446
2444 18.33%
219
184
403
0906
0
280
280
26 1,07692%
153
98
251
11/1412013 01:43 PM
Precincts Reporting 1,064 of 1,064 = 100.00%
District Precincts Reporting 5 of 5 = 100.00%
0015
109
405
555
2700 21 04%
296
215
514
0067
120
104
232
2766 9.30%
126
05
211
0133
73
391
464
2 619 17 72 fi
214
197
411
0183
53
385
446
2444 18.33%
219
184
403
0906
0
280
280
26 1,07692%
153
98
251
Totals 364 1,645 2,009 10,637 1,096 762 1,798
Canvass Report — Total Voters — Official
Harris County, Texas — Joint Election — November 05, 2013
Page 5 of 6 11/14/2013 01:43 PM
Total Number of Voters 260,437 of 1,967,881 = 13.23 % Precincts Reporting 1,064 of 1,064 = 100.00%
Number of District Voters: 2,009 of 10,637 = 18,89% District Precincts Reporting 5 of 5 = 100.00%
City of West University Place, PROPOSITION 5
Precinct Total Registered VerteM = —
Ballola Ballots Ballots Voters Turnout
Coal cast Cast
0
0015
100
485
595
2780 2104%
326
202
529
0087
128
104
232
2768 838%
147
M
219
0133
73
391
466
2 619 17.72%
230
194
424
0183
63
385
448
2 444 18.33%
252
163
415
0906
0
280
260
26 1 076 92`b
169
90
259
Totals 364 - 1,646 2,009 10,637 1,124 721 1,346
Canvass Report — Total Voters — Official
Harris County, Texas —Joint Election — November 05, 2013
Page 6 of 6 11/14/2013 01:43 PM
Total Number of Voters 260,437 of 1,967,681 = 13.23% Precincts Reporting 1,064 of 1,064 = 100.00%
Number of District Voters: 2,009 of 10,637 = 18.89 % District Precincts Reporting 5 of 5 = 100.00%
City of West University Place, PROPOSITION 6
Predrid eatly Elxtian TMaI eeg-sbretl P—r- -1 _
Ballab Ballots Ballata Voters Turnout
Last pzt Last F
LL Y
6
0015
100
485
585
2.780 2104%
326
192
518
0087
128
104
232
2.768 8.38%
149
67
216
0133
73
391
464
2,619 17 7A5
234
184
418
0183
63
385
448
2 444 18.33%
239
163
402
0906
0
280
280
26 1076.92%
154
95
249
TWb: 364 1,646 ;009 10,637 1102 701 11603