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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