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HomeMy WebLinkAboutOrd 1654 - election q"" Ordinance No. 1654 AN ORDINANCE ORDERING AN ELECTION WITHIN THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE PURPOSE OF SUBMITIING PROPOSED CHARTER AMENDMENTS TO THE QUALIFIED VOTERS OF THE CITY; MAKING PROVISIONS FOR THE CONDUCT OF SUCH.ELECnON; AND DECLARING AN EMERGENCY. WHEREAS, as required by Section 10.04 ofthe home-rule Charter ("Charter") of the City of West University Place, Texas ("City"), the City Council of the City appointed a Charter Review Committee; and WHEREAS. the Charter Review Committee has carefully studied the Charter and has made a number of recommendations to the City Council for amendments; and. WHEREAS,the.City Council desires to submit propOsed amendments to the qualified voters of the City, as authorized by Section 9.004 of the Texas Local Government Code, on the Council's own motion; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. A special election is hereby ordered and shall be held in the City of West University Place, Texas on November 7, 2000,. for the. purpose of submitting proposed Charter amendments to the qualified voters of the City. The City Council hereby finds that holding the election on such date is in the public interest. The proposed Charter amendments are as follows: (In the text of each proposed amendment, words stTicken out would be deleted from the Chatter. All other words would be in the Charter if the amendment is adopted. Words .to be added are typically shown by underlining.) PROPOSED CHARTER AMENDMENT NO.1 (TERM OF OFFICE) Amend Section 2.01 of the Charteras follows: Section 2.01 Composition of Council and Term of Office The Council shall be composed of five persons, a Mayor and fOUr Council Members, each of whom shall be elected from the City at large for a term of two years. They shall take office~ the neJd reOl:l18r COtfflcil MCetino sfter they hS"j't; ~ declsred elected on the first day of the calendar month next followina the seventh day after the election day. --- -- -- - - - -- - -- - ----- - ORDINANCE ORDERING CHARTER ELECTION (b65:\54ochart1) Page 1 - ....--~.-==-....=-=;-.'1~--~.-_.~"._-_._-.--.~F====---="';-~'--"O"'~-TI!~-~-~~~- --~I- ,------ --- .0 PROPOSED CHARTER AMENDMENT NO.2 (EXPENSES) Amend Section 2.04 of the Charter as foHows: Section 2.04 Compensation The Mayor and Council Members shaJJbe entitled to, compensation. The rate of compensation may be established or changed by the Council, however, no increase in the rate of compensation shall take effect unless I3tified by a majority of the voters in the next regular City election. The Marief and Council Members ~ be entitled. .....;th a~Df6'V81 bv Coufleil. to reimbursement {'Of fCssofl8ble eXDCfl3eS incurred in ~ . peff6ffft8nce of 86eeific ~ The gty shall ~ 2!: reimburse reasonable exoenses incurred J!y the Mm1; m: Council Members in lI:w. oerformance 2! soecific duties. limited to the amount aoorooriated for such eXPenses in the current budQet. PROPOSED CHARTER AMENDMENT NO. 3 - (pUBLICATIONS) . Amend Section 2.12 ottlre Charter as follows: Section 2.12 Publication of Ominances Except as otherwise provided by law or this Charter, the City SecretaI)' shall give notice of enactment of eveI)' ordinance imposing a criminal penalty, fine, Of f6ffeib:lfe for violation of its provisionsz and notice of evel)'other ordinance required by law or this Charter to be published, by having the ordinance, or its fully descriptive caption and penalty, published at least once in the official newspaper ofthe City within ten days after final passage. The affidavit of publication M ~ Dtlblisher at ~ n8'.~papef Of ~ent. if siltned J!y a reoresentative m the newsoaoer. taken before any officer authorized to administer oaths, and tiled with the City Secretary, shall be conclusive proof of the legal publication and promulgation of the ordinance in all courts. The ordinance shall take effect ten days after publication. PROPOSED CHARTER AMENDMENT NO. 4 (CANVASSING ELECTION RETURNS) Amend Section 3.05 of the Charter as follows: Section 3.05 Votes Required and Canvassing of Returns Within five days the time reouired ~ Jaw after a City eJection, the Council shall meet, canvass the returns, and declare the results of the election. The candidate for Mayor who receives a plurality of the votes cast and the four candidates for Council Member who individuaffy receive the greatest number of votes cast shall be declared elected. PROPOSED CHARiER AMENDMENT NO.5 (pETITIONS) Add a new Section 3.06 lathe Charter and amend Section 4.03 of the Charter, as follows: ORDINANCE ORDERING CHARTER ELECTION (b65:\54ochart1) Page 2 "-. ~ .~--....- =1~-'-- r-.' .----- -~~-----,"c,.~r--___:nr::r:==Ir------. -n--- Section 3.06. Petitions. Qualified Voters. Etc. The Texas Election Code shall govern petitions filed m: candidates for office and other similar petitions. includinq. petitions !9!: initiative. referendum and recall. Any additional reauirements prescribed Qy this Charter shall also ~ The number of Qualified voters of the ~ U reauired12 determine !f!@ number!!! signatures. needed on !! catition. shall. be determined ~ the Q!y Secretary. Determinations shall be made as oBhe date oftheeartiestsianature Q!l a carmon. Forthis DUroose. the City Secretary may relY lWml!lm most~ d.!i& m: other official Imtm reoisteredvoters. ~ may be:onfilewiththeCitv.- - Section 4.03. Form of Petitions Initiative petition papers shall contain the full text of the proposed legislation in the form of an ordinance, including a descriptive caption. Referendum petition papers shall contain a sufficient description of the ordinance sought to be referred to identify it, or if the ordinance has been. paSsed by the Council, the full text of the ordinance sought to be referred shall be included in the papers. The signatures to the initiative or ~f~!8ncJ~P-8ti!i9f1S rj~~!lC?!J:)~_ alt~ed.to <me paper, bI:ft ~dl.3iO-"er's name shall bepfinted and signed in.inka3 shall the resident's address, preeinet-,ulmber, and seRal ntlmber from the ",mer registf8tien eertifie8te er ether deeument preseribed by the 18W5-f)f the Ct8te 6( T&X85 te identify.qtlaHfied 'f'6tef3. Ne sigflatuf& :maR be 86t1nted if there i3fC836n t6 believe it is not the aettlal sionature of the pufl'6l'led signer or that it is a dtlplieetioft either a( name 6ra( handwriting ttXd in any 6ther 3igft8ttlf& en the petitian, and ne signature shall be e6tfnted tfnle3s the fe3kfel'lee adeffess 8f the 3igner is shown, and unless it i3 sioned 8xaetly as the name of the 'v'oter appeaf5 6n the effieial eepy of theetJffei'It w6terregislr8lien li3t or ether d6etsment preseribedby lhe.18\1WS 6f tire Ol8k of Texss t6. idefltify quSlified "'6tel'3, and unless the precinct ntlmber and sefialnumber that appeared 00 the signer's vetefregislr8tioo eeflifie8te or.other d6etsment preseribedby 81ate law t6 identify qtlaBfiedvatef3 8f& >>med 85 ab6Ve reqtlired. Before the signatures on any petition paper may be counted. one of the persons signing the petition paper, a qualified voter, shall make oath before the City Secretary or other officer competent to . administer oaths~-that-the~statements made. in the affidavit are true, that each signature . to the paper appended is the genuine signature of the person whose name purports to be signed thereto, and that such signatures were placed thereon in the presence of the affiant. PROPOSED CHARTER AMENDMENT NO.6 (CONTRACTS) Amend Section 7.13 of the Charter as follows: Section 7.13 Purchases and Contracts The City shall make purchases and execute contracts only in accordance with the Constitution and the laws of the state of Texas. However. when lettina contracts. the City shalt alwavs have the naht to reiect any and all bids and determine the most advantaaeous bid for the Citv.Thissection controls overaeneral state law. as allowed bv Section 252.002 of the Texas Local Government Code. PROPOSED CHARTER AMENDMENT NO.7 (USE OF PUBLIC PROPERTY) -7:----- ORDINANCE ORDERING CHARTER ELECTION (b65:\54ochart1) Page 3 Amend Section 9.01 of the Charter as follows: Section 9.01. Umits on Transfer of Use of Public Property No right of control or use of public property of the City may be transferred except by ordinance consistent with this Charter. No act nor omission of the Councilor officer or agent of the City may be construed to grant, renew, extend, or amend, in any way, any right, franchise, or easement affecting public property of the City except as provided by this Charter. Each orovision of this Charter in effect on Januarv 12. 1999 that does not conflict with Cha~er283. Texas local Government Code (as added by Texas laws 1999. ch. 84O}ls soecifically readoDted in accordance with Chaoter 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. General. During the term of office or employment, no employee 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 appointed officer of the City may: (1) Accept directly or indirectly a gift, favor, privilege, or employment from a person or business entity that does business with the City or is seekina to do business with the City or that enjoys or seeks to eniov a franchiSe, privilege, license, or easement from the City, except as authorized by ordinance. (2) Have a pecuniary interest, directly or indirectly, in a contract with or job, work, or service for the City; have an interest, directly or indirectly, in the sale of land, tangibles, or intangibles to the City. . (3) Serve as surety for the performance of a person doing business with the City nor serve as surety for a city officer or employee required by this Charter to make a surety boneS. c. Rules. The Council shall adopt rules, by ordinance, fOr investigating and declaring violation of this section. d. Penatties. (1) Violations of this section, if declared in accordance with such rules, shall result in forfeiture of City offICe or employment. (2) A contract in which an employee or eJected or appointed official has or aquires an interest may be declared void by the Council. e. Compliance with state law. This section is not violated in case of actions involving business entities or real property under circumstances where there is no violation of Chapter 171 ofthe Texas local Government Code, as heretofore or hereafter amended or codified. For purposes of this subsection, all employees and elected or appointed officers, with respect to their areas of responsibility, shall be subject to the same State law standards as Council Members, and any required affidavits shall be filed before any action ;s taken by the offtcer or employee. 1:. Comoliance with State law on Benefits. Benefits soecifically allowed by Section ORDINANCE ORDERING CHARTER ELECTION (b65:\540chart1) Page 4 ,.- ,'. ~,- ,L..-_._L_ _.. -1lI_U.1J_LIiI -~-~-._.T.l~~- 36.10. Texas Penal Code, or other state law, do not violate this section, Section 2. (a) An electronic voting system and punch-card ballots shall be used for such election, including early voting. (b} Punch-card baJlots . and ballot labels shall be prepared in accordance with the TEXAS ELECTION CODE so as to permit the electors to vote "FOR" or "AGAINSTI' each of the aforesaid amendments separately. The propositions for such proposed amendments shall be set forth on such ballots and ballot labels in substantially the form as presented. below, in English and in Spanish: PROPOSED CHARTER AMENDMENT NO.1 (TERM OF OFFICE) Shall Section 2.01 of the Charter of the City of West University Place be amended to establish a fixed beginning date for the terms of office of elected officials? PROPOSED CHARTER AMENDMENT NO.2 (EXPENSES) Shall Section 2,04 of the Charter ofthe City of West University Place be amended to: * state that payments for expenses incurred by elected officials are limited by the budget; and * clarify that separate approval of expenses is not required? PROPOSED CHARTER AMENDMENT NO.3 (pUBLICATIONS) Shall Section 2.12 of the Charter of the City of west University Place be amended to: * clarify which ordinances must be published; and * clarify who may sign a publisher's affidavit? PROPOSED CHARTER AMENDMENT NO.4 (CANVASSING ELECTION RETURNS) Shall Section 3.05 of the Charter of the City of West University Place be amended to adopt the same time period for canvassing election returns as required bylaw? PROPOSED CHARTER AMENDMENT NO.5 . . (PETITIONS) Shall Articles II and III ofthe Charter ofthe City of West University Place be amended to: .. adopt state law standards for initiative, referendum and recall petitions; and .. clarify how to determine the number of qualified voters of the city; and .. delete overfapping petition requirements, including handwriting and signature examination? PROPOSED CHARTER AMENDMENT NO.6 (CONTRACTS) Shall Section 7.13 of the Charter of the City of West University Place be amended to: .. allow the City to reject anysnd all bids when letting contracts; and .. determine the most advantageous bid for the City; and .. control over state bidding rules, as allowed by the Local Government Code? --- --- - ORDINANCE ORDERING CHARTER ELECTION (b65:\54ochart1) Page 5 ---"~r~:____.~~~~_=_~==t-~'- ['--". . ~~, _..ll.JII.-l~l..L.L..J.c..._j___~------'---""-----r-''-------'----- PROPOSED CHARTER AMENDMENT NO.7 (USE OF PUBLIC PROPERTY) Shall Section 9.01 of the Charter of the City of West University Place be amended to confirm that the Charter controls the use of streets and public property, including use by telecommunications firms. as allowed by state law? PROPOSED CHARTER AMENDMENT NO.8 (CONFLICTS OF INTEREST) Shall Section 10.04 of the Charter of the City of West University Place be amended to: * prohibit gifts, favors, privileges.. etc. to City officials from. those seeking to do business with the City, or seeking a franchise, privilege, license or easement from the City; and * clarify that "benefits" specifically allowed by state law do not violate the Charter? Section 3. The pons shaU be open for voting at such election from 7:00 a.m. to . 7:00 p.m. at the following polling placesin-each of the following preCincts hereby established: ELECTION PRECINCT #183 Polling Place: West University Community Building/Senior Wing, 6104 Auden, West University Place, Texas 71005' . ELECTION PRECINCT #133 . Polling Place: COlonial Park Recreation Center, 4130 Byron, West University Place, Texas 77005 ELECTION PRECINCT #87 Polling Place: West University Scout House, 6108 Edloe street. West University Place, Texas 77005 . ELECTION PRECINCT #15 Polling Place: St. AndrewsPresb-yterianChurch, 530~ Buffalo Speedway, West University Place, Texas 77005 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 Commissioners Court of Harris County. Texas. The City Council hereby finds that the polling place for Precinct #15 is a proper place for conducting the election because a suitable public building within said precinct is unavailable. Section 4. The election shall be conducted by Harris County pursuant to a contract for election services between the City and Harris County, and the County election officials shall serve as officials for said election Section 5. (a) Early voting shall be conducted by a clerk for early voting, n~mely, Beverly Kauffman, and 1319 Texas Avenue. Hoyston, Texas is hereby designated as the place for early voting for said election and the address to which early ballot applications and early ballots voted by mail may be sent. ORDINANCE ORDERING CHARTER ELECTION (b65:\54ochart1) Page 6 ~--- - - r- - - ----------, c,~c~.____lI~ !i1T"Tr'"'"Iir.-- - n - 11- (b) The early voting place shan be open at the following times on the respective dates in year 2000 shown below: October 21-22 October 23-27 October 28 October 29 October 30 - November 3 1 ::00 p.m. to 6:00 p.m. 8:00 a.m. to 4:30 p.m. 7:00 a.m. to 7:00 p.m. 1 :00 p.m. to 6:00 p.m. 7:00 a.m. to 7:00 p.m. Section 6. All qualified electors of the City shall be permitted to vote at. said election. Notwithstanding 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 7. 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 publishingoit7snd posting itinscOOrdancewith Section 4.003, TEXAS ELECTION CODE and Section 9.004, TEXAS LOCAL GOVERNMENT CODE. . Section 8. The Mayor, the Mayor Pro Tem, the City Manager, the City Secretary and the Assistant City 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. Appointments of election officials in . this Ordinance are made:-for:lhis:celection-Oflly;- Section 9. 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 10. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 11. 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, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, ......~== --- --;;=r~~=---",-- - - --w~--- - -- -----=----=r-----=----------~_=__==a=;;;:===_======= ORDiNANCE ORDERiNG CHARTER ELECTiON (b65:\54ochart1) . Page 7 ,-"'-""--''''--~-~---'T~~''=='"~=~~-'~~~--''''r~~~~~cl~~'~:'~':"':~I, ' lLLlil.L.IiL''''' ,,_un,__'_ n-'-- consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 12.. The public importance of this measure and the requirements of the law create an emergency and an urgent public 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 tCJ~~ effect and be i~force immediately from and after its passage. . PASSED AND APPROVED on first and final reading on ~ .fIS-, 2000. Voting Aye: Voting No: . Absent..um - ~1~... . ~"~) Ma r - ATTEST: (SEAL) ~~ Kay a Ioway, City Se aJy Rev~ .. .. . ... ... .-~. -. City Attorney . b6S:\54ocbartl ~~ --TI:;-=,"-:-"'4F=""'- --- -- ,;;;;;;;-==--=--w;;;;=------,,- - -a=~==----=~;_----=~~~---~- ORDINANCE ORDERING CHARTER ELECTION (b65:\54ochart1) Page 8 -----_...:-"---~----,_.__..~..-.._--- -~<===-.=~--..---- F __'-o-~~-'-. ~'7=_==~~~~'