HomeMy WebLinkAboutOrd 1663 - results of charter amendment 2000
Ordinance No. 1663
AN ORDINANCE CANVASSING RETURNS AND DECLARING RESULTS OF THE
CHARTER AMENDMENT ELECTION HELD IN THE CITY OF WEST UNIVERSITY
PLACE, TEXAS ON NOVEMBER 7, 2000; CONTAINING FINDINGS AND OTHER
PROVISIONS RELATED TO SAID ELECTION; AND DECLARING AN EMERGENCY.
WH E R EAS J in aceD rdan ce with th e laws of th e United S ta tes of America, th e S ta te of Texas J th e
Charter of the City of West University Place. Texas (the 11CityU)J an election was held within and for said
City on November 7, 20001 at which election there were submitted to aU duly quaJified voters of the City
for their action thereon1 eight proposed amendments to the City Charter of the City of West University
PJaceJ said proposed amend ments bej ng set out in fu II in Exhibit A~ which is attached to this Ordinance
and made a part hereof for alJ purposes;
WHEREASt in accordance with the Texas Election Cadet the judges and other officials of said
election have recordedJ signed and delivered returns of said election and have provided them to the City:
and
WHEREASt the Mayor and City Council Memberst duly assembled on this date~ have examined
said ejection returns and, in accordance with the Cjty Charter and the laws of the State of TexasJ wish to
canvass the returns and declare the results;
NOW, THEREFORE~
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSlTY PLACE:
Section 1. The City Cou nciJ hereby official ly finds, determines and declares as follows:
(1) The City Council1 on its own motion, duJy caJled and ordered an election for November 7,2000 for
the purpose of submitting eight proposed charter amendments to the qualified voters of the CitYl
all in accordance with the law;
(2) notice of the election was given as required by law;
(3) ballots for the election were provided in accordance with law; and
(4) early voting and election-day voting were carried out in accordance with law.
Secti 0 n 2 ~ The City Cou n ci I ~ P u rsu a nt to an official ca nvass of th e retu rn s of sa ide I ectio n I
hereby declares the results of the voting on each of the eight amendments to be as described in Exhibit
B, a copy of which [5 attached to this ordinance and made a part hereof for all purposes.
Section 3. (a) The City Council hereby finds and declares that: (i) more than a majority of
the quallfied voters of the City voting at said election have voted for and approved each of the eight
proposed amendments to the City Charter set out in Exhibit A; (il) each of the eight proposed
amendments has been adopted; and (Hi) the Charter of the City is amended as provided in such eight
amendments.
(b) This Ordinance shall constitute the official act of the City Council in examiningl counting and
declaring the results of the charter amendment election of November 71 2000, 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 eight
proposed amendments take effect as provided in said Section 9.005. The City Secretary shall endorse
this Ordinance to indicate when the amendments take effect.
Section 4. 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,
ORDINANCE CANVASSING ELECTION
Page 1
considered or acted upon was given in the manner required by the Texas Open Meetings Law, as
amended, and that each such meeting has been open to the public as required by law at aU times during
such discussion, consideration and action. The City Councir ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 5. 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 measureJ and a state of emergency is hereby declaredt and this ordinance is accordingly
passed as an emergency measure and shaJl take effect and be in force immediately from and after its
passage and signature.
PASSED AND APPROVED the 13th day of November, 2000.
Voting Aye:
Voting Nay:
Absent:
\
- ,', ~ri'HoliO:ay '~
City Secretary
(SEAL)
James L. Dougherty, Jr.
City Attorney
~// /~ ,~ 7~ //()~
ENTERED in the records of the Cjty on :/ ~ -7 ... ~< 0 t at ' ,.
.,.
By-7{Pn./ytO.1J 4/ It)Ci)ad/, City Secretary (by order of the City Council)
b66: \54oca nvC HARTE R
ORDINANCE CANVASSING ELECTION
Page 2
Exhibit A
Eight Proposed Charter Amendments
(In the text of each proposed amendment, words stricken out would be deleted from the Charier. All
other words would be in the Charier if the amendment is adopted. Words to be added are typically shown
by underlining.)
PROPOSED CHARTER AMENDMENT NO.1
(TERM OF OFFICE)
Amen d Section 2.01 of the Ch a rter as for rows:
Section 2.01 Composltion of Council and Term of Office
The Council shall be composed of five persons, a Mayor and four Council Membersl each of
whom shall be elected from the City at large for a term of two years. They shall take office at the next
regular Council Meeting after they havs been declared elected on the first day of the calendar month
next fofrowina the seventh day after the election day,
PROPOSED CHARTER AMENDMENT NO.2
(EXPENSES)
Amend Section 2~ 04 of the Charter as follows:
Section 2.04 Compensation
The Mayor and Council Members shall be entitled to compensation. The rate of compensation
may be established or changed by the CouncHJ howeverJ no increase in the rate of compensation shalf
take effect unless ratified by a majority of the voters in the next regular City erection. The Mayor and
Council ~Aemb8rs shaff be entitr8d~ v.'ith approval by CounciJr to reimbursement for rS3sonabte expenses
incurred in the performance of specific duties. The City shall Qf!Y or reimburse reasonable expenses
incurred Qy the Mavor or Council Members ill. the performance of specific dutiest limited to the amount
appropriated for such expenses in the cu rrent budQet.
PROPOSED CHARTER AMENDMENT NO.3
(PUBLICATIONS)
Amend Section 2~ 12 of the Charter as follows:
Section 2. 12 Publication of Ordinances
Except as otherwise provided by law or this Chartert the City Secretary shalJ give notice of
enactment of every ordinance imposing a criminal penalty, frn8~ or forfeiture for violation of its provisions1
and notice of every other ordinance req u ired by law or this Charter to be pubrished I by having the
ordinance, or its fully descri ptive caption and penalty \ pu bUshed at least once in the official newspaper of
the City within ten days after final passage. The affidavit of publication of the pubHsher of the ne\^/spaper
or agent.%, if siqned Qy g representative of the newspapert taken before any officer authorized to administer
oaths, and filed with the City Secretary ~ shall be conclusive proof of the legar pubncation and
promu'gat\on of the ordlnance In aU courts. The ordinance shaH take effect ten days after pubHcation.
ORDINANCE CANVASSING ELECTION
Page 3
PROPOSED CHARTER AMENDMENT NO.4
(CANVASSING ELECTION RETURNS)
Amend Section 3.05 of the Charier as follows:
Section 3~05 Votes Required and Canvassing of Returns
Within five days the t\me required Qy law after a City election, the CouncH shaH meet, canvass the
returns~ and declare the results of the election. The candidate for Mayor who receives a pluraJ ity of the
votes cast and the four candidates for CounciJ Member who fndividuarry receive the greatest number of
votes cast shafl be declared elected.
PROPOSED CHARTER AMENDMENT NO.5
(PETITIONS)
Add a new Section 3.06 to the Charter and amend Section 4.03 of the Chatter} as follows:
Section 3.06. Petitionsl Qualified Voters, Etc.
The Texas Ejection Code shaH Qovern petitions filed Qy candidates for office and other similar
petitionst includ inq petitions for initiativet referend urn and fecal r. Any additional requ frements prescribed
Qy this Charter shall also ~ The number of qualified voters of the City, if required to determine the
number of siqnatures needed on g petitionl shalf be determined .Qy the City SecretaIV, Determinations
shaff be made as of the date of the" earliest siQnature on 2 petition. For this purpose, the ~ Secretary
may re rv u po n th e most rece nt QQJl ~ or oth er officia I I ist of rea istered voters t as may be 0 n fi J e with th e
Cltv.
Section 4.03. Form of Petitions
I nitiative petition papers shall contain the full text of the proposed regisration in the form of an
ordinanceJ including a descrlptlve caption. Referendum petitton papers shall contain a sufficient
description of the ordinance sought to be referred to identify ftt or if the ordinance has been passed by the
CouncilJ the fu II text of the ordinance sought to be referred shaH be included in the papers. Th e
sjgnatures to the initiative or referendum petitions need not be aU appended to one paper. but 83GA
signer's name shat! be printed and signed in ink as shan the residenfs addresst precinct numbec 3nd
serial number from the voter registration certificate or other document prescribed by the fa\,A/s of the St3te
of Texas to identify q uarified '/oters~ No gig nature shaH be counted if there is reason to beHave it is not
the actual sig natu re of the pu rported sig ner or that it i8 a d uplicatjon either of name or of hand\Nriting used
in any other signature on the petition ~ and no sig nature sh all be counted un less the residence add raSE of
tf::te 81g ner is s hO\,,1vn J and un less it is signed exactly 38 the name of the voter appears on the offici31 copy
of the current voter registration list or other document prescribed by the la\/\/s of the State of Texas to
identify qualified votersJ and unless the precinct number and serial number that appeared on the signet=.s
voter registration certificate or other document prescribed by state lal.A.' to identify qualified voters are
noted as abO\'8 required. Before the signatures on any petition paper may be countedt one of the
persons signing the petitlon paper, a qualified voter, shalf make oath before the City Secretary or other
officer competent to adminjster oaths, that the statements made in the affidavit are truet that each
srgnature to the paper appended [$ the genuine signature of the person whose name purports to be
signed thereto1 and that such signatures were placed thereon in the presence of the affiant.
PROPOSED CHARTER AMENDMENT NO.6
(CONTRACTS)
ORDINANCE CANVASSING ELECTION
Page 4
Amend Section 7. 13 of the Charter as follows:
Section 7,13 Purchases arid Contracts
The City shall make purchases and execute contracts onfy in accordance with the Constitution
and the laws of the State of Texas. However, when fettinQ contracts. the City shan always have the riqht
to reiect any and aIr bids and determine the most advantaqeous bid for the City. This section contrors over
qeneraJ state law. as al[owed bv Section 252.002 of the Texas Local Government Code.
PROPOSED CHARTER AMENDMENT NO.7
(USE OF PUBLIC PROPERTY)
Amend Section 9.01 of the Charter as follows:
Section 9.01. Limits on Transfer of Use of Public Property
No right of controJ or use of public property of the City may be transferred except by ordinance
consistent with this Charter~ No act nor omission of the CouncH or officer or agent of the City may be
construed to grant, renew~ extend, or amend1 in any way ~ any right, franchjse1 or easement affecting
public property of the City except as provided by this Charter. Each provision of this Charter in effect on
January 12. 1999 that does not confJict with Chapter 283, Texas Local Government Code (as added bv
Texas Laws 1999, ch. 840) is specjficalrv readopted in accordance with Chapter 9,Texas Local
Government Code,
PROPOSED CHARTER AMENDMENT NO.8
(CONFLICTS OF INTEREST)
Amend Section 10.04 of the Charter as follows:
Section 10,04 Conflicts of Interest Prohibited
a. Genera'. During the term of office or employment, no emp{oyee or elected or appointed
officer of the City may act in any way which places or tends to place personal interest in conflict with the
interest of the City.
b. Prohibited acts. No employee or elected or appojnted officer of the City may:
(1) Accept directly or indirectry a gift favor, privileger or employment from a person or
business entity that does business with the City or [$ seekina to do business with the City
or that enjoys or seeks to enioy a franchise, privllegel licensel or easement from the
City t except as authorized by ord\nance.
(2) Have a pecuniary interest, directJy or jndirectly, in a contract with or job, work1 or
service for the City; have an interest, directry or indirectlYl in the sale of land. tangibles,
or intangibJes to the City.
(3) Serve as surety for the performance of a person doing business with the City nor
serve as surety for a Cjty officer or employee required by thjs Charter to make a surety
bond.
c. Rules. The Council shall adopt rules, by ordinancet for investigating and declaring violation of
this section.
d. Penalties.
(1) Violations of this sectfont if declared in accordance with such rules, shall resu[t in
forfeiture of City office or employment.
(2) A contract in which an employee or elected or appointed official has or acquires an
fnterest may be decrared void by the Council.
e~ Compliance with State law. This section is not violated in case of actions Involving business
ORDINANCE CANVASSING ELECTION
Page 5
entities or real property under circu mstances where there is no vioJation of Chapter 171 of the Texas
Local Government Code, as heretofore or hereafter amended or codified. For purposes of this
subsection1 all employees and elected or appointed officers, with respect to their areas of responsibmty,
shall be subject to the same State law standards as Council Members, and any required affidavits shall
be filed before any action is taken by the officer or employee.
t Co m p I ia n ce with State law 0 n Ben efits. Ben effts s pee ifi ca Ily allowed bv Se ctio n 36. 1 0 1 Texas
Penaf Cadet or other state lawt do not viorate this sectjon.
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Page 6
FINAL OFFICIAL CUMUlATIVE - TOTAL VOTt.w
"20:18:56 9-Nov-2000 Combined Election Day & Early Ballots
BOND AND CHARTER AMENDMENT ELECTION
CITY OF WEST UNIVERSITY PLACE, TEXAS
NOVEMBER7,2QOO
Page 1
Precincts Coooted - W. UNIVERSITY tOM} a
Registered Voters - W. UNIVERSITY.I .. ..
Ba II ots Cast - W. UN! VERSI TV . . *
Total Pet
4 100.00
11,449
7,872 68.76
Total
Pet
PROPOSITI DN - AUTHOR I Z I NS I SSUANCE OF $5,000,000 IN
BONDS FOR SIDEWALKS AND RELATED STREET IMPROVEMENTS
FOR. . a II .. . .. . .. 4, 112 56. 17
AGAINST. II. II .I .. . .. 3,209 43.83
.PROPOSED CHARTER AMENDMENT NO. .1 - TERM OF OFFICE
FOR. . . II . .I . . 6,039 90.89
ABA INST. ., It .. It II . 605 9.11
PROPOSED CHARTER AJ1ENDP1ENT NO. 2 - EXPENSES
FOR.. . . .. . . . . . .
ABA I NST .. ... . .. . . . . II II
4,245 bb.31
2,157 33.69
PROPOSED CHARTER AMENmENT NO. 3 - PUBLICATIONS
FOR II . I . . .. .. .. . II . 5, 605 89. 11
AGAINST . .. . . II .. 11.1 68S 10.89
PROPOSED CHARTER AMENDMENT NO. 4 - CANVASSING ELECTION
RETURNS
FOR.. . II IE II . . . 6, 083 94.. 32
AGAINST 366 5.68
PROPOSED CHARTER AMENDJ'IENT NO. 5 - PETITIONS
FOR.. .I. 1:...
AGAINST I . . . . . . . II I
5,462
736
88.13
11.87
PROPOSED CHARTER AMENDMENT NO. 6 - CONTRACTS
FOR. . . .. II . .. . . . . .
AGAINST I ... . . . . . . II .
5,533
819
87.11
12.89
PROPOSED CHARTER AMENDr1ENT NO. 7 - USE OF PUBLIC
PROPERTY
FOR II . .
AGAINST
5,521
BB9
86.13
13.87
PROPOSED CHARTER AMENDMENT NO. 8 - CONFLICTS OF INTEREST
FOR. . I 6,275 93.39
AGAINST a .. . . . . . II II . 444 6.61
PROPOSED INITIATIVE ORDINANCE - SETTING MINIMUM SALARIES
FOR PEACE OFFICERS AND FIREFIGHTERS
FOR. . . . . .. . 3,280 46.50
AaAINST . . . . . . . It 3,774 53.50
FINAL OFFICIAL CANVASS - TOTAL VOTES
'20:19;01 9-Nov-2000
Page
BOND AND CHARTER AMENDMENT ELECTION
C Irv OF WEST UN! VERS ITY PLACE, TEXAS
NOVEKBER 71 2000
1 Registered Voters - W. UNIVERSITY
2 Ballots Cast - W. UNIVERSITY
3 Percent of Resistered Voters
PROPOSITION - AUTHORIZING ISSUANCE OF $5,000,000 IN
BONDS FOR SIDEWALK S AND RELA TED STREET IMPROVEMENTS
4 FOR
5 AGAINST
PROPBSED CHARTER AHENDIIDIT NO. 1 - TERM OF OFFICE
6 FOR
7 AGAINST
PROPOSED CHARTER AMENDMENT NO. 2 - EXPENSES
8 FOR
9 AGAINST
PROPOSED CHARTER AMENDMENT NO. 3 - PUBLICATIONS
10 FOR
11 AGAINST
PROPOSED CHARTER AMENDMENT NO. 4 - CANVASSING B..ECTION
RETURNS
12 FOR
13 AGAINST
0015 PRECINCT NO. 0015
0087 PRECINCT NO. 0087
0133 PRECINCT NOli 0133
0183 PRECINCT NO. 0183
TOTAL
ELEC.DAY
EARL Y
1 2......3 4......5
3,164 2,141 67.67 1,212 788
2,957 2,068 69.94 1,083 824
2,709 1,829 67.52 882 797
2,619 1,834 70.03 935 800
11,449 7,872 68.76 4,112 3,209
5,942....... 2,914..2,663
. 1,930 . 1,198 546
6. . . . I. 7
8. . . . . .9
10.....11
1,540 193
1,516 134
1,223 198
1,326 160
5,605 685
4, 175. . . .511
1,430 174
12.....13
1,675 95
1,607 87
1,362 99
1,439 85
6,083 366
4,544....287
1)539 79
1,652 169 1,186 567
1,601 135 1,143 526
1,358 159 939 530
1,428 142 977 534
6,039 605 4,245 2,157
4,535....461 3,155..1,644
1,504 144 1,090 513
.. FINAL OFFICIAL CANVASS - TOTAL VOTES
~20: 19:01 9-Nov-2000
Page 2
BOND AND CHARTER AMENDMENT ELECTION
CITY OF WEST UNIVERSITY PLACEJ TEXAS
NOVErtBER7,2000
PROPOSED CHARTER AMENDMENT NO.. 5 - PET I T I ONS
1 FOR
2 AGAINST
PROPOSED CHARTER AMENDI'lENT NO. 6 - CONTRACTS
3 FOR
4 AGAINST
PROPOSED CHARTER AMENImENT NO" 7 - USE OF PUBL I C
PROPERTY
6 AGAINST
PROPOSED CHARTER AMENDMENT NO. 8 - CONFLICTS OF INTEREST
7 FOR
B AGAINST
PROPOSED I NIT I ATI VE ORDI NANCE - SETTING M I Nt HUM SALARIES
FOR PEACE OFFICERS AND FIREFIGHTERS
9 FOR
10 AGAINST
5 FOR
1......2 J. . . .. . .4 5......6 7......8 . 9.....10
0015 PRECINCT NO, 0015 1.,517 193 1,536 216 1, 542 231 1,729 129 909 1,038
0087 PRECINCT NO. 0087 1,449 174 1,452 198 1 ,505 178 1,665 91 871 965
0133 PRECINCT NO I 0133 1,200 200 1 ,230 219 1 , 203 247 1, 395 124 726 882
0183 PRECINCT NO. 0183 1,296 169 1,315 186 1,271 233 1,486 100 774 BB9
TOTAL 5,462 736 5,533 819 5,521 889 6,275 444 3,280 3,774
ELEe.DAY 4.,068....567 4,135....624 4,112....678 4,708....341 2,353..3,019
EARLY 1 ,394 169 1,398 195 1,409 211 1,567 103 927 755