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Home My WebLink AboutORD 2061 Calling a Special ElectionCity of West University Place Harris County, Texas Ordinance No. 2061 AN ORDINANCE CALLING A SPECIAL ELECTION WITHIN THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE FOURTH (4'h) DAY OF MAY, 2019, FOR THE PURPOSE OF SUBMITTING PROPOSED CHARTER AMENDMENTS TO THE QUALIFIED VOTERS OF THE CITY; DESIGNATING PRECINCTS AND POLLING PLACES; APPOINTING ELECTION OFFICIALS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO SAID ELECTION. WHEREAS, as required by Section 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; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: SECTION 1. A special election is hereby called by the City Council of the City (the "City Council ") and shall be held in the City on May 4, 2019 ( "Election Day "), for the purpose of submitting proposed City Charter amendments to the qualified voters of the City, in conjunction with elections to be administered by Harris County, Texas ( "County ") for the City and other local entities. The City Council finds that holding the election on such date is in the public interest. The proposed Charter amendments are as follows: (!n the text of the proposed amendments, words strieken opt 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.) ROPOSED CHARTER AMENDMEN 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 VA* three successive terms and no person shall serve as Council Member for more than two three successive terms. Amend Section 2.05 of the Charter as follows: Section 2.05 — Vacancies. If at any time a vacancy exists on the Council, Council shall fill the vacancy with an appointment by a majority vote of the remaining Council members, with such appointee to serve until the next regularly scheduled election, provided, however, that if SUGh .6 RGt filled by GOURG" within 60 days, then GUGh vaGaRG Council shall fill the vacancy within 60 days. Any person appointed or elected to the Council under this provision, shall meet all qualifications to serve as a Council member under Section 2.02 as of the date of such appointment or election. Amend Section 2.07 of the Charter as follows: Section 2.07 — Mayor Pro Tem. At US 46;6 MGe tiRg, [T]he Council shall elect one of its members Mayor Pro Tem, who shall perform the duties and have the power of the Mayor during the absence or inability of the Mayor to perform the duties of that office. Election_ of the Mayor Pro Tem shall be at the Council's first meeting or, in the event of a vacancy, within 60 days. Amend Section 10.13 of the Charter as follows: Section 10.13 — Charter Review. a. In 1988, and every six years thereafter, the Council shall appoint, at its first regular meeting in June, a Charter Review Committee of sevee -nine residents of the City. The term of office of the Charter Review Committee shall be six months unless extended by the Council. b. Powers and Duties of Charter Review Committee. The Charter Review Committee shall: (1) Inquire into the operations of the City government and review this Charter to determine whether the Charter needs revision. Public hearings may be held and the Committee shall have the power to compel the attendance of City officers or employees and to require the submission of City records necessary to the inquiry and review. (2) Propose to Council recommendations if necessary to insure that the City government and its operations comply with this Charter. (3) Propose to Council recommendations if necessary to improve the effectiveness of this Charter. (4) Make a written report of its findings and recommendations to Council. (5) Present to Council proposed Charter amendments if any are considered necessary. (6) Meet at least once every two months during its term. 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. (00201376.docx) 2 (c) 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 propositions of their choice. (d) The following PROPOSITIONS for the Special Election shall be submitted in accordance with law: PROPOSED CHARTER AMENDMENTS PROPOSITION A RELATING TO LIMIT ON SUCCESSIVE TERMS SHALL ARTICLE II, SECTION 2.03 OF THE CHARTER RELATING 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 B RELATING TO VACANCIES ON CITY COUNCIL SHALL ARTICLE II, SECTION 2.05 OF THE CHARTER RELATING TO VACANCIES ON CITY COUNCIL, BE AMENDED TO REQUIRE CITY COUNCIL TO FILL A VACANCY ON CITY COUNCIL BY APPOINTMENT WITHIN SIXTY (60) DAYS AND REMOVE A SPECIAL ELECTION FOR THE MATTER IN ACCORDANCE WITH STATE LAW? PROPOSITION C RELATING TO THE MAYOR PRO TEM SHALL ARTICLE II, SECTION 2.07 OF THE CHARTER RELATING TO THE MAYOR PRO TEM, BE AMENDED TO REQUIRE CITY COUNCIL TO ELECT A MAYOR PRO TEM WITHIN SIXTY (60) DAYS IN THE EVENT OF A VACANCY? PROPOSITION D RELATING TO CHARTER REVIEW SHALL ARTICLE X, SECTION 10.13 OF THE CHARTER RELATING TO CHARTER REVIEW, BE AMENDED TO INCREASE THE CHARTER REVIEW COMMITTER FROM SEVEN (7) TO NINE (9) RESIDENTS OF THE CITY? 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 as to permit the electors to vote "FOR" or "AGAINST' the aforesaid propositions separately, which shall be set forth in substantially the following form in English and Spanish: Chinese - Mandarin: t00201376.docx 1 3 OFFICIAL BALLOT PROPOSITION A [ ] FOR ) AUTHORIZE AN AMENDMENT TO ARTICLE II, SECTION 2.03 OF THE CHARTER RELATING TO THE [ ] AGAINST } LIMIT ON SUCCESSIVE TERMS FOR MAYOR AND COUNCIL, TO INCREASE THE NUMBER OF SUCCESSIVE TERMS FROM TWO (2) TO THREE (3). PROPOSITION B [ ] FOR ) AUTHORIZE AN AMENDMENT TO ARTICLE II, SECTION 2.05 OF THE CHARTER RELATING TO [ J AGAINST } VACANCIES ON CITY COUNCIL, TO REQUIRE CITY COUNCIL TO FILL A VACANCY ON CITY COUNCIL BY APPOINTMENT WITHIN SIXTY (60) DAYS AND REMOVE A SPECIAL ELECTION FOR THE MATTER IN ACCORDANCE WITH STATE LAW. PROPOSITION C [ ] FOR ) AUTHORIZE AN AMENDMENT TO ARTICLE II, SECTION 2.07 OF THE CHARTER RELATING TO THE [ ] AGAINST ) MAYOR PRO TEM, TO REQUIRE CITY COUNCIL TO ELECT A MAYOR PRO TEM WITHIN SIXTY (60) DAYS IN THE EVENT OF A VACANCY. PROPOSITION D [ ] FOR ) AUTHORIZE AN AMENDMENT TO ARTICLE X, SECTION 10.13 OF THE CHARTER RELATING TO [ ] AGAINST ) CHARTER REVIEW, TO INCREASE THE CHARTER REVIEW COMMITTER FROM SEVEN (7) TO NINE (9) RESIDENTS OF THE CITY. SECTION 3. (a) The City consists of five (5) voting precincts and polling (i.e., #15, #87, #133, #183, #906),the polling places of which are those designated by the County. (00201376.docx ) 4 (b) The Presiding Judge, Manager, and Tabulation Supervisor shall be those special officials appointed by the County for the purposes of this election. (c) Each of the references five (5) voting precincts is a regular County election precinct and, therefore, the City hereby appoints the County election officials as its special officials for the purpose of this election. (d) On Election Day, the polls shall be open from 7:00 A.M. to 7:00 P.M. (e) Early voting by personal appearance shall be conducted by the Harris County Clerk's Office, Elections Division, 1001 Preston, 1s' Floor, Houston, Texas 77002, or any of the other early voting polling locations designated by the County, on weekdays during the early voting period (April 22, 2019 through April 27, 2019 and on April 30, 2019) during the hours designated by the County 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. Applications for ballots by mail must be received by the Harris County Clerk's Office in person no later than the close of business on April 19, 2019 and by mail no later than the close of business on April 23, 2019, 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 shall be provided in English and Spanish and the County 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 County shall utilize a targeting system for Vietnamese and Mandarin 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 County will make the Notice available in both Mandarin 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. {00201376.docx } 5 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_ PASSED AND APPROVED ON THE FIRST OF TWO READINGS, this the 28'x' day of January, 2019. PASSED AND APPROVED ON SECOND AND FINAL READING, this 11`h day of February, 2019. iE Trielma A. Gilliam City Secretary RECOMMENDED: b4VO J. B ch City Manager {00201376.doox 1 6 SIGNED: 4'1e� Y fin1 san V. Sample Mayor REVIEWED: Alan P. Petrov City Attorney