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Home My WebLink AboutOrd 1655 - election 00 \-_J': j/- REVISED DRAFT, 9-11-00 Ordinance No. 1655 AN ORDINANCE ORDERING AN ELECTION WITHIN THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE PURPOSE OF SUBMITTING AN INITIATED ORDINANCE TO THE QUALIFIED VOTERS OF THE CITY; MAKING PROVISIONS FOR THE CONDUCT OF SUCH ELECTION; AND DECLARING AN EMERGENCY. WHEREAS, as allowed by Article IV of the Home-Rule Charter ("Charter") of the . City of West University Place, Texas ("City"), an initiative ordinance petition entitled "Public Safety Officer Competitive. Pay Initiative" ("Petition") was filed with the City Secretary, but was certified by the City Secretary as being insufficient; and WHEREAS, as allowed by Article IV of the Charter, the Petition was amended by the filing ofa a supplementary petition with the City Secretary; and WHEREAS, the City Secretary has certified to the City Council at its regular meeting held that the Petition, as so amended, was properly signed by the re uisite number of qualified voters and was sufficient; and WHEREAS, the City Council desires to submit the initiative ordinance proposed by the Petition to the qualified voters of the City, all as authorized by Article IV of the Charter; 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 a proposed initiative ordinance 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 initiative ordinance is set out in Exhibit A, which is attached to this ordinance and made a part hereof for all purposes. Section 2. (a) An electronic voting system and punch-card ballots shall be used for such election, including early voting. (b) Punch-card ballots and ballot labels shall be prepared in accordance with the TEXAS ELECTION CODE so as to permit the electors to vote "FOR" or "AGAINST" the ORDINANCE ORDERING INITIATIVE ELECTION (b65\54oinitia) Page 1 ~.-~._-_...~..._... ._....--~_.~ ,~".~~~r--.---._-_.~_.~~~....._-_..-:-r:=J1i~-m.1lijln-- --- ---1.-]-. proposed initiative ordinance. The proposition shall be set forth on such ballots and ballot labels in substantially the form as presented below, in English and in Spanish: PROPOSED INITIATIVE ORDINANCE Shall the initiative ordinance setting mandatory minimum salaries for peace officers and firefighters serving in West University Place, Texas be adopted, including: * a mandatory minimum base salary within three percent of the highest minimum salary paid by any municipalities withinHarris. County and contiguous counties; and * required annual public findings of minimum salaries; and * various findings and other provisions? Section 3. The polls shall be open for votinQ at such election from 7:00 a.m. to 7:00 p.m. at the following polling places in each of the following precincts hereby established: ELECTION PRECINCT #183 Polling Place: West University Community Building/Senior Wing, 6104 Auden, West University Place, Texas 77005 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. Andrews Presbyterian Church, 5308 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, namely, Beverly Kauffman, and 1319 Texas Avenue, Houston, 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. (b) The early voting place shall be open at the following times on the respective dates in year 2000 shown below: October 21-22 1 :00 p.m. to 6:00 p.m. ---------------------------------------------------------------------------------------------------------------- ORDINANCE ORDERING INITIATIVE ELECTION (b65\54oinitia) Page 2 __I _~~--~I..=.~--=-------_~---=-=='---,."'O'~~I_ lLL.LLLuJ.Iir.-~~~----" .-- n 1. October 23-27 October 28 October 29 October 30 - November 3 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, inGluding a Spanish translation thereof, shall be given by publishing it and posting it in aCGordance with Section 4.003, TEXAS ELECTION CODE. Section 8. The Mayor, the Mayor Pro Tern, 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 this election only. 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, consideration and action. The City Council ratifies, approves and confirms such notices ORDINANCE ORDERING INITIATIVE ELECTION (b65\54oinitia) Page 3 r.'".=~I=~~""~I-.. --~r-~.._....'.~~.~.~'.- :~~.iiiTnTTTIII"-._.- ------------- 1 r 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 take effect and be in force immediately from and after its passage. PASSED AND APPROVED on first and final reading on ~ ~S- , 2000. Voting Aye: Voting No: Absent: ATTEST: (SEAL) ~~ K Y OIlOWay, City se~ ~~~';_-2 - . Mayo ReV:j~ Citv Attornev .- b65:\54oinitiaR ORDINANCE ORDERING INITIATIVE ELECTION (b65\54oinitia) Page 4 r- . ,.1...-.. ..II~lIIJli.uuJ.n I] . . .~...: ...:.~~Jl:, ,_.' .' . \<1l,. .; City Council Clly 01 Wesl UnlversllY Place. Texas: The following Is a clllzen.lnlUaled InltlaUve or ordinance provided lor under Article IV 01 the City Charter. This InlUaUva or ordinance shall be known as lha Public Safety omc Cdmpelilive 'Pay Inlllative, and further described as'lhe InlUallve se\llng mandalory minimum salariea for peace oftlcers and flreftgh\8lI serving In Weal UnI'/8lI1ty Place, Tex...' '111" lnIUallve 01 ordinance" olfeTed by the people Wesl University Piece for conslderellon by Ihe City Council pursuenllo Secllon 4.05 of the City Charter. . PUBLIC SAFETY OffiCER COMPETITIVE PAY INITIATIVE WHEREAS, the people of West University Place, Texas In our shared desire to have "'e best police, fire and emergenc medical service departments serving our City conclude and affirm that In order to attract, retain, and motivate superior Individual to publicly serve the people of our City In the capacity of peace officer and flreflg..ter, the peace officers and firefighters servin our City should be among the highest paid in the Houston area; BE IT ORDAINED BY THE PEOPLE OF WEST UNIVERSITY PLACE. lhal beginning JanullfY I, 2001 and evlIfY year lhereafter. the minimum base salary, nollneludlng benefits,lIlUrement or othar perqulslles, 01 peace offIcera and firafighlefs employed by and serving In West l/nlverslly Place, Texas, shall be within three pen:ent (3%) oflhe h~hasl minimum salllfY, not Including benefits, retirement or olh" perquisites, paid respectively to peace oftlcefs and firefighlels by any munlclpallllas wllh1n Harris County. Texas and In Counl/os contiguous \0 HilrtIs County ('ConI1Ol.AIea'), OIIJune 1. of !he prior year (Iha 'Dawmlnallon Dale'. Beginning July I, 2001, the City Council 01 Wasll/nlverslty PIece (lha 'City Council' .h111 makes public finding oflhe hlghasl minimum base sa/ill}' In the Conlrol Are.. nollneludlng benefil&. "URlment or other perqulsllas, on the DelermlnaUon Dale lor lite subsequent year paid ..specUvely 10 peace omcera and filllllgbtera, and lhe conespondlng cllles or mun\c1palllles paying !he respecUve minimum base salllfY by the firsl meeUng In the monlh 01 September (lhe actual meeUng date In whlr:tlthe finding Is mod., or the firslmeeting In S.plember whlchev" Is earner. hereinafter rel.ned 10 as lhe 'Finding Dals'l. No ceuse 01 acuon sballaccrue 10 any peace ollicer or fileflghler challenging the finding 01 City Councll and affecled by thl.lnltiativ. or onllnance, .unless nollca Is given 10 the Clly Anomey and Mayor challenging the City CouneD's finding wllhln thirty (30) dll)'s after 111. FInding Dale. Th. rights retained by Ihe people In ArtIcle IV of lhe Chari" of Wesl UnIversity Piece. Texas (lhe 'Charlel') and lha POW6ll further enacted In Ihls InlUaUve are deemed by the people 10 ClHlxlst with the powers granled ClIr Council In lite Chiller. City Coune! Is hereby diracled 10 and shall enact any ordinance 01 ordlnences 01 findings II deems necesslllY 10 effeclthls InlUaUve or ordlnance, Including findings necessllfY lor solUng Ihe minimum .alary I.vels effective January I, 2001. City Councl11ll directed to and shall codlf)' Printed Name Address Date of Birth City .rW"1 UaI....ltyPI.... _County, T_7700, CltyofW..IUnl....ltyP..... _C.WIlY, T_7700' CltyofWeot Ualvcnlty Pi.... Honltc.unty. T_7700S. clty.rweot 1I.1....lty Pi.... _County, Tau 1700' CIty ofWeot Unl....lty p..... _County, T_7700' CIty ofWat U.lvcnltyP..... _County. Tml7700' CltyofWatUaI....lty1'loco, _Couoty. T_7700' CltyofWeot UnI....ltyPI.... _County, T_1700' C1ty.rw.lllnl....1ty p..... _County. T_7700' CltyofWeotUnlvcnlty1'loco, _County, T_7700' 1 I J Pet. Number Date of Signing Signature j f , , lh1a Inlllallve or ordinance In lhe Code 01 Ordinances oflhe CIty of We&t Unl~erslty Place, TllX881n a location and manner delarmll In n"oIe d1.cntlfon by June I, 2001. City Council Is permilled lI1d olhatwfs. empowered by lhls Initiative or ordinance to changE amend lhe Dalarminallon Dale or Finding Dale by duly ordalnsd ordinance passed prior to cocllllcallon. However lor any currentl no Finding Dille mil)' be after November 1 or lha prior year, nar mil)' flI'/ Datemjlnallon Dille be prior to April I or lha prior year. All powlHS not &paCIlIcaIIy granted to CIty CouncIII1anltII or not otllSlwllll \Jllllted 10 l'.lly CoIIncII by \he Chiller are Illa1nat lho people of Wast UnIversity 1'Iace. No powers granted to CIty Council under this Initiative or onflnance or In th. Charter shall Interpreted or pell1lllled 10 vIoIale lhe aplllt or ellecl 01 lh1s InlUllIIvo or ordinance. . . 1l1ls InltlallVe or ordinance Is dsemsd and found by lha people of W"I Uolvorallr 1'Iace, Texas not to be en onlln. applllplfating money or levYing Iaxas or en onllnance IIlpeallng onfln_ appropriating money or levying texas. nor In c:onftlcl ' lhe CharIer or Cc!n&Ulullon or IawI oIlh. SIIIle 01 Texas. FwtiIennore lh1a Inlllatlvo or ordinance shall be Interpreled to be a malt! public policy wllltln lherighls and powarallllelned by lhe peop1e or West Unlvelsl1y Piece. Despite flI'/ powers grenled CIty Council herein, lh~ Inltlativo or ordlnance .h~ be seJI...acullng. II any phrase, cl.. lenIance, paragrtllIb or sec\lon ar lhla InItIaIlve or ordlnance sh8II be daclwed uncorisllIulIon Or olharwlsa invalid by lb. \ judgment or decree of any c:ourt 01 compelenljurlsdlcllon, such unconsUtuUonallly or Invallc!lty.shall not alI..lany of lheremaJ, phr..... clause., senlsncea, lI1d paragraphs and lhIs InltiaJIve or ordinance shall be Implemanled to the maximum extenl perml bylaw. VI Regist AFFIDAVIT OF eJACULATOR STATE OF TEXAS, COUNTY OF HARRIS BEFORE ME, tbe uuder&lgued, on tbls June ---,2000, ;enonally appeared. ,who being duly SWl deposes aud say.: "The slalemenls made In Ihls affidavit are true. Eacb signa lure to tbe paper appended Is tbe cenulae slgnalure ortbe person II purports Ie be .Igned bcrel", ne signatures were placed ber in my presence," SWORN TO AND SUBSCRIBED BEFORE ME THIS DATE. . . X Signature of circulator x . Signature of officer admlnlsb:ring oath X Tide ofoftlccr administering oath