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Home My WebLink AboutORD 1270 - ORD Finding & Determining Vacancy Occurred in Office of Council Member of West U . _1.'-'1111111110 II ; '(111"'1 ..,' , 114 ORDINANCE NUMBER 1270 AN ORDINANCE FINDING AND DETERMINING THAT A VACANCY HAS OCCURRED IN THE OFFICE OF COUNCIL MEMBER OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; ORDER1NG A SPECIAL ELECTION TO BE HELD TO FILL SUCH VACANCY; MAKING PROVISIONS FOR THE CONDUCT . OF SUCH ELECTION;-AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City of West University Place, Texas (the "City"), is authorized by the laws of the State of Texas to call special elections; and WHEREAS, by letter dated August 11, 1986, Council Member James W. Cummings resigned his position on City Council; and WHEREAS, said Council Member no longer resides within the State of Texas; and WHEREAS, when a vacancy on City Council occurs more than 120 days prior to the next regular City election, the City Charter requires that a special election to fill such vacancy be ordered and held, as nearly as practicable, according to the provisions governing regular elections; and WHEREAS, The City Council of the City of West University Place, Texas (The "City Council") hereby finds that an election should be held for the purpose of electing,one Council Member to serve the unexpired term of Mr. Cummings on City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: SECTION 1: The City Council finds and determines that the matters stated in the preamble of this ordinance are true and correct and that a vacancy has occurred in the office of Council Member formerly held by Mr. James W. Cummings. The City Council hereby formally accepts and reaccepts the resign~tion of Mr. Cummings. SECTION 2: (a) An election shall be held on the 17th day of January, 1987, in the City of West University Place, Texas, for the purpose of electing one Council Member of said City to fill the unexpired term of former Council Member James W. Cummings. 1 I~ I I I ' I I I I , , ~ I I , I I U . ) i I I I I I i : L...J 115 u (b) A candidate's application for a place on the ballot must be filed not later than 5:00 P.M. on December 17, 1986. SECTION 3: (a) An electronic voting system and punch-card ballots shall be used for such election, and absentee voting shall be by use of paper ballots for absentee voting by personal appearance and by mail. (b) Punch-card ballots and punch-card ballot labels and absentee ballots for the election shall be prepared in accordance with the applicable provisions of the TEXAS ELECTION CODE so that the voters may cast their ballots for the candidate of their choice. (c) The City Council hereby appoints a Presiding Judge, J. T. Hood, for the Central Counting Station, which for purposes of this election shall be located at the. West University Place City Hall, 3800 University Blvd. Opal McKelvey shall serve as the Manager of the Central Counting Station and Audrey Nichols as Tabulation Supervisor for- the election. ' o (d) The appropriate election officials shall conduct a test of the automatic tabul-ating equipment on January 13, 1987, at 3o'clock P.M. in Council Chambers at- the Municipal Building, 3800 University Blvd., Houston, Texas 77005, open to the public. SECTION 4: (a) The City shall be divided into :four election precincts for this election and the polling places designated for each election preci nct and the persons hereby' appoi nted to serve, for thi s e 1 ecti on only, as Presiding Judge and Alternate Presiding Judge for each polling place, are as follows~ Voti nO' Prec-i net #183 ,:. , ,', -- ; , West niversity Communi,ty Building 6104 'Auden ' ' , ; -', ',: ) Ann W. Covert, Presiding Judge' J. R. Covert, Alternate Presiding Judge Vati ng' Preci nct' '#J..:3-3 ' 'Coloni'al .Park 'Retre~t'i,onCente,r 4130 Byron' ' I, ,'..: "I,' Cheryl Proctor, Presiding Judge Li nwood Howard, A 1 terriate Pres i d,i ng Judge c Voting Precinct #87 West University Elementary School " 3756 University '8l1vJd." ' John B. Hurs~, Presiding Judge Joan Worley, Alternate Presiding Judge , " , .. , 2 ,,,,1"""1, II llllllll IHlir . .11I1111.111" 1.1l~ II I ..'111"11 '''' ."'1" , '(, G ( 116, Voting Precinct #15, St. Andrew!s Presbyterian Church 5308 Buffalo Speedway n u F. A. Robinson, Presiding Judge Ramsay Elder, Alter~ate Presidjng Judge (b) Said precincts shall:be,the same as the Harris County voter precincts bearing the same numbers indicated above, as such precincts were most recently established by the Commissianers Court'of Harris County, Texas. . (c) Each Presiding Judge 'sha,llappoint not fewer than two and not more than five qualified clerks to serve and assist at the polling place under his/her jurisdiction in h91ding said election; provided that, if any Presiding Judge ,herein appointed actually serves: in h,olding said election, the Alternate Presiding Judge for the precinct in question shall be one of the clerks. (d) On election day, the polls shall be open from 7:00 A~M. to 7:00 P.M. (e) Absentee voting by' persona 1 app,earance s~a 11 be conducted at the City Hall Council Chamber in the Munic'ipal Building, 3800 University Blvd., Houston, Texas 77005" during the hours the' City Secretary.s main business office is regularly opened for business, 8:00 D" a.m. to 5:00 p.m., Monday through Friday, in accordance with the provisions of the TEXAS ELECTION CODE, which address shall also be the absentee voting clerk's mailing address to which ballot applications and ballots voted by ma'il may be: sent. For purposes of processing absentee voting results, the preGinc~ election officers serving Precinct #15 shall serve as the Absentee Ballot Board for this election. SECTION 5: All qualified electors of the City shall be permitted to vote at said election. Not withstanding any' provisions to the contra'ry in this ordinance,,' this ,_election shall be; held and conducted in accordance with the TEXAS ELECTION CODE, and, as may be required by law, all election materials and proceedings shall be printed in both English and Spanish; SECTION 6: A substantial copy of this Ordinance shall serve as proper notice of said election. Said notice, including a Spanish translation thereof, shall be given by publishing if-and posting it in accordance with Section 4.003, TEXAS ELECTION CODE. SECTION 7: The Mayor, tne Mayor Pro Tem, the City Manager, the City Secretary and the Assistant Secretary, or anyone 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. ' SECTION 8: If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to .------, U 3 117 u any person or circumstance, shall ever beheld 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 9: All ordinances and parts ofbrdinances in conflict herewith are hereby repealed to the extent of the conflict only. , .. " SECTION 10: 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 Open Meetings'Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, 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 postingthereof.~' : .:.. PASSED AND APPROVED ON'F1RST READING, this the 27th day of October , 1986. c Councilmembers Voting Aye: Mayor Parks, Councilmembers , ,Hi gl ey, Bryan, Schwartzel . Council members Voting No: None Councilmembers Absent: Councilmember Cummings (resigned) /' PASSED AND APPROV.ED, ON SECOND: READJNG, thi s the 10th day of November" 1986. : Counci.lmembers': Voting: Aye: '~Mayor: Parks, Councilmembers Higley, :' Bryan,. Schwartzel ' Councilmembers Voting No: None. Councilmembers Absent: Councilmember Cummings (resigned) l"' ,J , , ' , : Mayor, Mi:CHAEL'L.' PARKS :' City af:Wes:b Uni vers i ty,Pl a,ce,- liexas , I ATTEST: . Appr,oved its't.o Form: , , City Sec retary, Audrey .N i c ho 1 s. City of-West :University Place',' Texas , ,G.i ty, Attorney,i : ':James L. Dougherty, Jr. :City' of West University Place, lex'as c (Seal) 4 ,. II I II......llLl.Uli .