HomeMy WebLinkAboutOrd 1841 - election may 12, 2007
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ORDINANCE NU:MBER 1841
AN ORDINANCE CALLING AN ELECTION WITHIN THE CITY OF WEST UNIVERSITY
PLACE, TEXAS FOR T"HE TWELFTH (12th) DAY OF MAY, 2007, FOR THE PURPOSE OF
ELECTING A MAYOR AND "FOUR COUNCIL MEMBERS; ORDERING A JOINT AND
CONCURRENT SPECIAL ELECTION FOR 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.
BE IT ORDAINED BY T"HE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
SECTION 1. (a) A general election is hereby ordered and shall be held in the City of
West University Place, Texas ("City") on May 12, 2007, for the purpose of electing a Mayor and
. four Council Members of the City~
(b) The City Cou"neB hereby calls a special electio:n--to be conducted joi11tly and
concurrently with the May 12, 2007 general election--for the purpose of submitting proposed
City Charter amendments to the qualified voters of the City, as authorized by Section 9.004 of
the Texas "Local Government Code. These amendments are submitted on the COUI1Cil's own
motion, and the City Council finds that holding the election on such date is in the public interest.
The proposed Charter amendments are as follows:
(In the text of the proposed a/llendnzents, \vords stricken. out lvould be deleted fronl the Charter. All other 'words
would be in the Charter if the GI11endJnents are adopted. Words to be added are typically sho~vn by double
unde rlin.in J!. )
PROPOSED CHARTER AMENDMENTS
Anlend Section 2~05 of the Charter asfollo~vs:
Section 2.05. Vacancies.
u. ',X1hen :J. vacancy is declared, a special election to fill the office shall be ordered
for the first election dJ.te permitted under State lavl that is at least 15 days after the
first public notice of such order, except as proYided in Sectio"n 2~05b. Candidates
must qualify according to Section 2.02.
b. If pursu:lnt to Section 2.05~, :l special election to fill a ~/acant office or offices
~~~~'ould be held on the permitted election date immediately preceding the regular
election of members of the Council, then no special election ullder Section 2.05u
shall be required~ unless the fi'=/6 member Council is left ~.yith fC"ller thal1 three
members.
If at any time a vacancy exists on the CounciL Council s"hall fill the vacancy with an aODointment
bv a majority vote of the remai.ning Council members.. with such ap"pointee to serve until the next
re2:ularlv scheduled election" orovided.. however.. that if such vacancy is not filled bv Council
within 60 davs.. then such vacancy shall be filled bv soecial election. Any person unpainted or
elected to the Council under this provision.. s"halI meet all aualifications to serve as a Council
member under Section 2.02 as of the date of such appointment or election.
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Anzend Section 2.09 of the Charter as follolvs:
Section 2.09. Meetings of Council.
a. The Council shall hold at least two regular meetings each month at a time the
Cou.ncil shall designate.
b~ Regular meetings are Council meetings required to be held semi-monthly and
designated as regular~ All reQ:ular meetin2:s shall be held with.in the Citv limits.
c~ Special meetings may be called by the City Secretary at the request of the Mayor
or two members of Council. The City Manager shall be notified of all special
meetings. Special meetings may be held in the City or other olaces within Harris
County.
d~ All meetings of Council shall be open to the public except as autllorized by law
and shull be held at the \~~{ est U ni'/ersit)r Place City Hall or other places ~~yithin the
City limits \vhich \.vill perInit the nttendallce of the general public~
Alnend Section 3.06 of the Charter asfollolvs~.
Section 3.06. Petitions, Qualified Voters, Etc.
The Texas Election Code shall govern petitiollS filed by calldidates for office alld other
similar .petitions, including petitions for initiative, referendum and recall. A.ny additional
requirements prescribed by this Charter shall also apply. The n.umber of qualified voters of the
City, if required to determine the number of signatures needed on a petition, shall be determined
by the City Secretary~ Determinations shall be made as of the date of the earliest signature on a
petitiol1. For this purpose, the City Secretary may rely upon the most recent poll list, or other
official list of registered voters as .may be on file with the City.
Alllend Section 5.05 of the Clla rter as follo'ws:
Section 5.05. Zoning Board of Adjustment: Composition.
There shall be a Zoning Board of Adjustment which shall consist of five members and YR
to four alternates, unless otherwise required by state law ~ All members are appointed by the
CounciL The Council, by ordinance, shall provide for the organization and functions of the
Board an.d all other llecessary matters, in accordance with applicable laws and this Chmter~
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Ani.end Section 6.01 oj the Clza rter as follo~vs:
Section 6.01. City Manager: Appointment, Removal, and Compensation.
The Council shall appoint a City Manager who shall be the chief administrative officer of
the City. The City Manager shall be chosen by the Council solely on the basis of executive and
administrative training, experience, and ability. The City Manager shall serve at the pleasure of
the Council and may be removed by a majority vote of Council Members qualified and serving.
The action of the Council in removing a City Manager shall be fillal; all authority and
responsibility to remove the City Manager is vested in the Council. The City Manager is entitled
to compensation as established by the Council. The Council shall designate a qualified person to
perform the duties of the City Manager during the absence or inability of the City Manager. No
member of the Council may, during the memberts term of office or for two years thereafter, serve
as the City Manager~
The City Mana2:er mav designate one or more department heads to serve as Assistant
City Mana2:ers for an indefinite term with the approval of CounciL Such Assistant City
Managers may be removed from office bv the City Manager after consultation with the Council.
Should the City Mana2:er's oosition be vacant" the Council mav remove the Assistant City
Manager desi2:nation from anv individual oreviouslv so desi~nated without affectin!l the
individua]rs position as a department head.
A111end Section 10.07 of the Charter as follolvs:
Section 10.07. Notice of Claim.
The City shall not be held liable for the death of or injury to a person, or for damage to
property, unless the claimant or legal representative files a written statement of claim with the
City Secretary within. 100 days six (6) months after the event alleged to have caused the death,
injury, or damage. The statement must describe the nature and extent of the injury or damage;
describe the place and circumstallces of the alleged causal event; itemize by monetary amount
the injury and damage; al1d, for personal il1juries, nalue witnesses, if allY, to the event.
SECTION 2. (a) The Hart InterCivic Direct Recording Electrollic (DRE) Voting System
shall.be used for early voting by personal ap.pearance and for regular voting on election day.
(b)
COul1ted.
Paper ballots shall be used for voting by mail and such ballots shall be mallually
(c) The following PROPOSITIONS for the Special Election. shall be submitted in
accordance with law:
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PROPOSED CHARTER AMENDMENTS
PROPOSITION 1
RELATING TO VACANCIES
SHALL ARTICLE II, SECTION 2~05 OF THE CHARTER RELATING TO VACANCIES ON
THE COUNCIL BE AMENDED TO AUTHORIZE THE FILLING OF A VACANCY BY
APPOINTMENT BY A MAJORITY VOTE OF THE REMAINING COUNCIL MEMBERS?
. PROPOSITION 2
RELATING TO MEETINGS OF COUNCIL
SHALL ARTICLE II, SECTION 2.09 OF THE CHARTER RELATING TO MEETINGS OF
THE COUNCIL BE AMENDED TO REQUIRE REGULAR COUNCIL MEETINGS TO BE
HELD WITHIN THE CITY LIMITS AND TO AUTHORIZE SPECIAL MEETINGS OF THE
. COUNCIL WITHIN THE BOUNDARIES OF HARRIS COUNTY?
PROPOSITION 3
RELATING TO PETITIONS, QUALIFIED VOTERS, ETC.
SHAL.L ARTICLE III, SECTION 3.06 OF THE CHARTER RELATING TO PETITIONS,
QUALIFIED VOTERS, ETC. BE AMENDED TO CLARIFY THE INFORMATION USED BY
THE CITY SECRETARY IN DETERMINING THE NUMBER OF QUALIFlED VOTERS?
PROPOSITION 4
RELATING TO ZONING BOARD OF ADJUSTMENT: COMPOSITION
SHALL ARTICLE V, SECTION 5~05 OF THE CHARTER RELATING TO THE
COMPOSITION OF THE ZONING BOARD OF ADJUSTMENT BE AMENDED TO
AUTHORIZE THE APPOINTMENT OF UP TO FOUR ALTERNATES?
PROPOSITION 5
RELATING TO THE CITY MANAGER
SHALL ARTICLE VI, SECTION 6.01 OF THE CHARTER RELATING TO THE CITY
MANAGER BE AMENDED TO AUTHORIZE THE CITY MANAGER TO APPOINT
ASSISTANT CITY MANAGERS WITH THE APPROVAL OF COUNCIL?
PROPOSITION 6
RELATING TO NOTICE OF CLAIMS AGAINST T.RE CITY
SHALL ARTICLE X, SECTION 10.07 OF THE CHARTER BE AMENDED TO BRING THE
NOTICE PROVISION INTO CONFORMANCE WITH THE STATUTORY NOTICE
REQUIRED BY THE LAWS OF THE STATE OF TEXAS?
All ballots shall be prepared in accordance with the applicable provisions of the TEXAS
ELECTION CODE (ill English, in Spanish and in. Vietnamese) so that the voters may cast their
ballots for the candidates of their choice and may vote uPORH or UAGAINSTU the .proposition for
the .proposed amendments. The proposition shall .be set forth on such ballots alld ballot labels in
su.bstantially the fOrlTI as presented below~ in English, Spanish and Vietnamese:
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[] FOR )
[] AGAINST )
[] FOR )
[] AGAINST )
[] FOR )
[] AGAINST )
OFFICIAL BALLOT
PROPOSITION 1
AUTHORIZE AN AMENDMENT TO
ARTICLE II, SECTION 2~05 OF THE
CHARTER RELATING TO
VACANCIES ON THE COUNCIL TO
AUTHORIZE THE FILLING OF A
VACANCY BY APPOINTMENT BY
A MAJORITY OF THE REMAINING
COUNCIL MEMBERS.
PROPOSITION 2
AUTHORIZE AN AMENDMENT TO
ARTICLE II, SECTION 2~09 OF THE
CHARTER RELATING TO
MEETINGS OF THE COUNCIL TO
REQUmE REGULAR COUNC~
MEETINGS BE HELD INSIDE THE
CITY'S LIMITS AND TO
AUTHORIZE SPECIAL MEETINGS
OF THE COUNCIL WITHIN THE
BOUNDARIES OF HARRIS
COUNTY~
PROPOSITION 3
AUTHORIZE AN AMENDMENT TO
ARTICLE III, SECTION 3~06 OF THE
CHARTER RELA TINa TO
PETITIONS, QUALIFIED VOTERS,
ETC. TO CLARIFY THE
INFORMATION USED BY THE CITY
SECRETARY IN DETERMINING
THE NUMBER OF QUALIFIED
VOTERS ~
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[ ]
[ ]
[ ]
[ ]
[ ]
PROPOSITION 4
FOR )
AGAINST )
AUTHORIZE AN AMENDMENT TO
ARTICLE V, SECTION 5~05 OF THE
CHARTER RELATING TO THE
COMPOSITION OF THE ZONING
BOARD OF ADJUSTMENT TO
AUTHORIZE THE APPOINTMENT
OF UP TO FOUR ALTERNATES
PROPOSITION 5
FOR )
AGAINST )
AUTHORIZE AN AMENDMENT TO
ARTICLE VI, SECTION 6.01 OF THE
CHARTER RELATING TO THE CITY
MANAGER TO AUTHORIZE THE
CITY MANAGER TO APPOINT
ASSISTANT CITY MANAGERS
WITH THE APPROV AL OF
COUNCIL.
PROPOSITION 6
FOR )
AGAINST )
AUTHORIZE AN AMENDMENT TO
ARTICLE X, SECTION 10.07 OF THE
CHARTER RELATING TO NOTICE
OF CLAIMS AGAINST THE CITY TO
BRING THE NOTICE PROVISION
INTO CONFORMANCE WITH THE
STATUTORY NOTICE REQUIRED
BY THE LAWS OF THE STATE OF
TEXAS.
(d) The City Council hereby appoints Gene De Laveaga to be Presiding Judge for the
Central Counting Station, which shall be located at the West University Place Municipal
Building, 3800 University Boulevard, West University Place, Texas 77005 (Council Chambers).
Kaylynn Holloway shall serve as the Manager of the Central Cou.nting Station and as Tabulation
. Supervisor.
SECTION 3~ (a) The City shall be divided into four election precincts, and the polling
place designated for each election precinct and the persons hereby appointed to serve, for these
elections only, as Presiding Judge and Alternate Presiding Judge for each polling place~ are as
follows:
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Voting Precinct #183
West University Community Building/Senior Wing
6104 Auden
Stan McCandless, Presiding Judge
John You.ng, Alternate Presiding Judge
Voting Precinct #133
West University Recreation Center
4210 Bellaire
Marie Monroe, Presiding Judge
Mary Lee Gray, Alternate Presiding Judge
Voting Precinct #87
West University Scout House
6108 Edloe
Ahmad J an DUITani, Presiding Judge
Roger Gregory, Alternate Presiding Judge
VotinJ! Precinct #15
St Andrew's Presbyterian Church
5308 Buffalo Speedway
Ramsay Elder, Presiding Judge
Roland Dahlin, Altelnate Presiding Judge
(b) Said precincts shall be the same as the Harris County voter precincts bearing the
same numbers indicated above, as suc.h precincts were most recently established by the
Commissioners Court of HalTis County, Texas. The City Council hereby finds that the polling
place for Precinct #15 is a proper place for conducting the elections because a suitable public
building within said precinct is unavailable.
(c) Each Presiding Judge shall appoint not fewer than two and not more than six
qualified clerks to serve and assist at the pollil1g place under his/her jurisdiction ill holding said
elections; provided that, if any Presiding Judge herein ap.pointed actually serves in holding said
elections, the Alternate Presiding Judge for the precinct in question shall be one of the clerks~
(d) Each electiol1 judge and clerk will .be entitled to compensation at an hourly rate
not to exceed $7 .OO~
(e) On Election Day, the polls shall be open form 7:00 A.M~ to 7:00 P.M.
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(f) The early voting clerk shall be the City Secretary of the City. Early voting by
personal appearance shall be conducted at the City Secretary's Office, Municipal Building, 3800
University Blvd., West ..University Place, Texas 77005, on weekdays during the early voting
period (April 30, 2007 through May 8, 2007) during the hours the City Secretary's main business
office is regularly open for business (8:00 a.m. to 5:00 p.m.) 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~ Extended hours for early voting will be held on May 7 and May 8
from 7:00 a.m~ to 7:00 p~m. The early VOtillg clerk's mailing address to which ballot applications
and ballots voted by mail. may .be sent, s.hall be:. City Secretary, Municipal Building, 3800
University Blvd., West University Place~ Texas 77005. Ap.plications for .ballots by mail must be
received by the early voting clerk no later than the close of business on May 4, 2007. The
precinct election officers serving Precinct #15 shall serve as the Early Voting Ballot Board for
these elections.
SECTION 4. All qualified electors of the City shall be permitted to vote at said elections~
. Not withstanding allY provisions to the contrary in this ordinance, the elections shall be held and
cOndtlcted in accordance with the TEXAS ELECTION CODE, and, as may be required by law,
all election materials and proceedings shall be printed in English, Spanish and Vietnamese. In
addition, standard voting informatiol1 booklets shall be provided in Spanis.h and Vietnamese, and
the City Secretary s.halI make arrangements with the election officials for the use of S.panish and
Vietnamese interpreters, if needed~ It is found and determined that these measures will
adequately serve any Spanish and Vietnamese-only speakers eligible to vote in the elections.
SECTION 5. A substantial copy of this Ordinance shall serve as the notice of the
elections. Said notice, including Spanish and Vietnamese translations thereof, shall be given by
publishing it alld posting it in accordance with Section 4.003, of the TEXAS ELECTION CODE
and Section 9.004 of the TEXAS LOCAL GOVERNMENT CODE~
SECTION 6. The Mayor, the Mayor Pro Tern, the City Manager, the City Secretary al1d
the Assistant City Secretary, or allY one of them, are authorized on behalf of the City Cou.ilcil 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 elections and to give effect to the intent
of this Ordinance~ Appointments of election officials in this Ordinance are made for these
elections only.
SECTION 7. If any word, p.hrase, 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 ordinal1ce to allY 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.
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. SECTION 9. The City Council officially finds, determines and declares that a sufficiellt
written notice of the date, hour, place and subject of each meeting at which this ordinance was
discussed, considered Of. acted u.pon was given in the .malUler required by the Open Meetings
Law, as amended, and that each such Ineeting has been open to the .public as required by law at
all times during such discussion, COllsideration and action. The City Council ratifies, approves
and confirms such 110tices and the contents and posting thereof.
1/1 ~
~ PASSED, APPROVED AND ADOPTED ON FIRST READING on the ~ day of
II!!!j -- , 2007.
{/ ,.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
P~SS.ED, AP~ AND ADOPTED ON SECOND READING, AND SIGNED,
on the ~ day of , 2007.
Councilme.mbers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest:
Recommended: ~ ~/}..-
City Manager
Approved as to legal form:~ n
City Attolney
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