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HomeMy WebLinkAboutORD 1416 - Finding & Determining Vacancy Occurred in the office of Council Member Jim Jenkins ORDINANCE NUMBER 1416 AN ORDINANCE FINDING AND DETERMINING THAT A VACANCY HAS OCCURRED IN THE OFFICE OF COUNCIL MEMBER JIM JENKINS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; ORDERING A SPECIAL ELECTION FOR THE SECOND (2ND) DAY OF MAY, 1992. TO BE HELD TO FILL SUCH VACANCY. MAKING PROVISIONS FOR THE CONDUCT OF SUCH ELECTION; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: SECTION 1. (a) 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. Jim Jenkins. The City Council hereby formally accepts and reaccepts the resignation of Mr. Jenkins. (b) A special election is hereby ordered and shall be held in the City of West University Place, Texas, ("City") on Saturday, the 2nd day of May. 1992. for the purpose of electing a Council Member to fill said vacancy. Such vacancy shall be filled for the unexpired portion of the term only. (c) Pursuant to Section 201.054 of the TEXAS ELECTION CODE, the filing deadline for a candidate's application for a place on the special election ballot is 5 P.M. on the 31st day before election day SECTION 2. (a) An electronic voting system and punch-card ballots shall be used for such election, except that paper ballots shall be used for early voting by personal appearance and by mail. (b) Punch-card ballots and punch-card ballot labels and early voting ballots for the special election shall be prepared in accordance with the applicable provisions of the TEXAS ELECTION CODE (in English and in Spanish) so that the voters may cast their ballots for the candidates of their choice by making a punch hole (or appropriate mark, in the case of a paper ballot) in the space provided adjacent to the name of that candidate. (c) The City Council hereby appoints a Presiding Judge, Gene DeLaveaga, for the Central Counting Station. which for purposes of this election shall be located at the West University Place Municipal Building, 3800 University Boulevard. Victor Hansen shall serve as the Manager of the Central Counting Station and Kaylynn Holloway as Tabulation Supervisor for the election. Said appointments are made for this election only. (d) The appropriate election officials shall conduct a test of the automatic tabulating equiPment on Wednesday, April 29, 1992, at 3 - i - 'I tll '''a- , Ordinance Number 16 olclock P.M. in the University Blvd. Room at the Munici Texas 005, open to 1 Buildi publ ic. , 3800 SECTION 3. (a) The City shall be divided into four election precincts for the concurrent elections, and the polli places designated for each election precinct and the persons hereby a inted to serve, for this election only as Presiding Judge for each pol ing ace, are as follows: Votinq Precinct #183 West University Community Building 6 Auden Bond Blackman Jr. Presiding Judge Voting Precinct #133 Colonial Park Recreation Center 4130 Byron Hazel Pitts Presiding Judge Voting Precinct #87 Wes t Uni vers ity E"j ementary School 56 University Blvd. John B. Hurst Presiding Judge Voting Precinct #15 St. Andrew's Presbyterian Church 5308 10 Speedway Burt llanfant, Presiding Judge (b) Said precincts shall be the same as the Harris County voter precincts ring the same numbers indicated above, as such precincts were established at the time the 1991 City General Election by Commissioners Court of Harris County, Texas. (c) Each Presiding Judge shall appoint not than two not more than five qualifi clerks to serve and assist at the polling place under his/her jurisdiction in holding said election; ided that, if any Presiding Judge herein appointed actually serves in holdi said election, the Alternate Presiding Judge for the precinct in question shall be one of the clerks. (d) On election day, the polls shall 7:00 P.M. open from 7:00 A.M. to (e) Early voting by personal appearance shall be conducted at the Ci Secretaryls office, Municipal Building, Universi Blvd., Houston Texas 77005, during hours the City Secretary's main business office is regularly opened for business, 8:00 a.m. to 5: 2 Ordinance Number p.m.. through Friday, April 13 through April 28 1 . in accordance with the provisions of the TEXAS ELECTION CODE, which s shall also be the early voting clerk's mailing address which ballot applications and ballots voted by mail may be sent. The early ing clerk is the City Secretary of the City. Applications for ballots by mail must be received mail no later than the close siness on Friday, April 24, 1992. For purposes of processing ea y i results, an Early Voting Ballot rd shall canvass the early llots. Terri Grainger is hereby appointed Presiding Judge of the Early Voting Ballot rd for this election and shall appoint at least two other members in accordance with the TEXAS ECTION CODE. SECTION 4: All quali ed electors of the City shall be permitted to vote at said elan. Not withstandin any provisions to the contrary in this ordinance, this election shall held and condu in accordance with the TEXAS ELECTION CODE, and, s may be ired by law, all election materials and proceedi s shall be pr nted in both English and Spanish. SECTION 5: The form of the notice prescribed the Secretary of State1s Office of the State Texas shall serve as proper notice said ection. Said notice, including a Spanish translation thereof s 11 be given by publishing it and posting it in accordance with tion 4.003, of the TEXAS ELECTION CODE. SECTION 6: The Mayor the Mayor Pro Tem the Ci Manager, the City Secr~etary and the Assistant City Secretary, or anyone of them, are authorized on behalf of the City Council to evidence adoption of is inance to do any and all other things 1 1 and necessary in connection the holding and consummation of such election and to give t to the intent of this Ordinance. SECTION 7: If any word, phrase. clause, sentence, paragraph, section or other part of this ordinance or the application thereof to on or circumstance, shall ever held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder is Ordinance and the application of such word, phrase. clause, sentence, paragraph. section or other part this Ordinance to any r persons or circumstances shall not affected thereby. SECTION 8: 1 ordinances and parts of ordinances in conflict herewith are hereby repeal to the extent of the conflict only. SECTION 9: The City Council officially finds, determines and declares that a sufficient written notice of date, r. place and subject of each meeting at which this ordinance was discussed, consi red or acted upon was given in the manner requi by the Open Meeti s Law, TEX. REV. CIV. STAT. ANN. art. -17, as amended. each such meeting has been open to public as required by law at all mes during such discussion, consideration and action. The City Council rati es, approves confirms such notices and the contents and s n9 thereof. 3 Ordinance Number 1416 Section 10. The public importance of this measure and the requirements of the law create an emergency and an urgent pub"lic 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 pass PASSED AND APPROVED ON FIRST AND FINAL READING, this 10th day of February , 1992. Voting Aye: Voting No: Absent: Signed: ATTEST: Kaylynn Holloway City Secretary Approved as to Form: (SEAL) James L . Dougherty, Jr .--- City Attoy'ney 4