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Home My WebLink AboutORD 1418 - Finding & Determining Vacancy Occirred in the Office of CM Jim Jenkins ORDINANCE NUMBER 1418 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; SUPERSEDING AND AMENDING ORDINANCE NO. 1416 ADOPTED FEBRUARY 10, 1992; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, Council Member Jim Jenkins has announced that he will be leaving this City to live in The Woodlands; and WHEREAS, Council Member Jim Jenkins has also announced his resignation from the City Council and has submitted his written resignation which has been filed with the City. and WHEREAS, under the City Charter, such a resignation creates a vacancy on the City Council that must be filled by a special election. NOW, THEREFORE, 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 Saturd~, the 2nd day of M~, 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 d~ before election day SECTION 2. (a) An electronic voting system and punch-card ballots shall be used for such election. (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 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 I ' . I JII ,- inance Number 1418 elec ion s 11 located at West University Place n1C1 1 Building, 3800 1versity Boulevard. Victor Hansen shall serve as the Manager of ~he Central Counting Sta~lor a Kaylynn Holloway as Tabulation Supervisor for the election. Said appointments are for this election only. (d) The appropriate election officials shall conduct ~ test of the automatic tabulati equipment on Wednesday, A~ril ,1992, at 3 o'clock P.M. in the Room at the ~un1cipal Building, University Blvd., Houston, Texas 77005, open to the public. SECTION 3. (a) The Ci shall divi into four lection precincts for the concurrent electlons, and the polllf'9 places designated each electlon precinct and the persons hereby appointed to serve is election only as Pr~siding Judge Altrrnate iding Judge each polling place, are as follows: Voting Precin~t~ West University Community Building G Auden Sally ess, Presiding Ju Ria Aufderwarsh, Alternate Judge Voting Precinct #133 Coloni 1 Park Recreation r 4130 hazel Pitts Presiding Judge H. K. Pitts, hlternate Judge Voting Pre_clnct West Univers ementary School 3756 University Blvd. J b. Hurst. Presiding Judge Pentecost, Alternat( Judge Voting Prec1nct #15 St. Andrew's Presbyterian Church Bu 10 Speeoway Burt llanfant, Presi ng uudge Rams Eloer Alternate Judge (b) precincts were establi Commissioners id preClncts shall be Sdme as the Harris County voter i same numbers indicated above as such precincts the time of the 1991 Ci General Election of Harris County, Texas. (c) Each idi Ju shall int not fewer than two not more than fivE' liti clerks tc serve and assist at thE: lling lace u his/her jurisdiction in holdlng said election; provided t if dny Presidi 0udge herein appoi ted actually serves i~ 2 Ordinance Number 1418 holding said election, the Alternate Presiding Judge for the precinct in question shall be one of the clerks. (d) On election ~, the polls shall be open from 7:00 A.M. to 7:00 P.M. (e) Early voting by personal appearance shall be conducted at the City Secretary's office, Municipal Building, 3800 University Blvd., Houston, Texas 77005, during the hours the City Secretary's main business office is regularly opened for business, 8:00 a.m. to 5:00 p.m., Monday through Friday, April 13 through April 28, 1992, in accordance with the provisions of the TEXAS ELECTION CODE, which address shall also be the early voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent. The early voting clerk is the City Secretary of the City. Applications for ballots by mail must be received by mail no later than the close of business on Friday, April 24, 1992. For purposes of processing early voting results, an Early Voting Ballot Board shall canvass the early ballots. Terri Grainger is hereby appointed Presiding Judge of the Early Voting Ballot Board for this election and shall appoint at least two other members in accordance with the TEXAS ELECTION CODE. SECTION 4: All qualified electors of the City shall be permitted to vote at said election. Not withstanding any provisions to the contrary 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 5: The form of the notice prescribed by the Secretary of State's Office of the State of Texas 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. ~ The Mayor, the Mayor Pro Tern, the City Manager, and the C~ary, 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 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, 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 8: All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. This ordinance shall supersede Ordinance No. 1416, Adopted February 10, 1992, and shall be deemed to amend said ordinance in its entirety. 3 I - , - r - '~., I' .. -, '---'-m ',':"' .., inance Number 1418 S~CTION 9: The City Council officlully finds. determines dnd declares i sufficient written notice of the date, hour, lace subject of ed meeting at which this ordinance was discus , consi Gr acted upon was given i~ the manner required by the Open ings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17. as amended. and that each such meeting has been open to the publ1C as requi by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notlces and the contents and posting thereof. Sectlon 10. The public importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that this Ordinance passed and take effect as an emergency measure, and a state of emergency is hereby declared, is Ordinancp is accordingly passed as an emergency measure a shall take t and be in force immediately from and after its sdge. PASSED AND APPROVED FIRST f Februarv , 1992. fINAL KEADING, this 24t~ Voting sent: Signed: f\TTEST: Kaylynn 'H-o~ll oway City Secreta Approved as to Form: (SEAL) r. 4