HomeMy WebLinkAboutOrd 1482 - Ordering an Election 08/13/19940
ORDINANCE NO. 1482
AN ORDINANCE ORDERING AN ELECTION WITHIN THE CITY OF
WEST UNIVERSITY PLACE, TEXAS FOR THE 13TH DAY OF
AUGUST, 1994, FOR THE PURPOSE OF SUBMITTING PROPOSED
CHARTER AMENDMENTS TO THE QUALIFIED VOTERS OF THE CITY;
DESIGNATING PRECINCTS AND POLLING PLACES; APPOINTING
ELECTION OFFICIALS; CONTAINING FINDINGS AND OTHER
PROVISIONS RELATED TO SAID ELECTION; AND DECLARING AN
EMERGENCY.
WHEREAS, as required by Section 10.04 of the 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 seven proposed
amendments (with the first amendment being presented in two
alternative versions) 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, TEXAS:
Section 1. A special election is hereby ordered and
shall be held in the City of West University Place, Texas
( "City ") on Saturday, the 13th day of August, 1994, for the
purpose of submitting proposed Charter amendments to the
qualified voters of the City. The proposed Charter amendments
are as follows:
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(In the text of each proposed amendment, words stricken out would be deleted from the Charter.
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 -A
(ELECTIONS)
Amend ,sections 2.01, 2.02, 2.03, 2.05, 3.01, 3.03, 3.04, 3.05, 4.01, 4.02, 4.03, 4.04,
and 4.07 of the Charter as 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. 4 f-
b. Mayor_ Two -Year Terms The pnc;t;nn of Mayor has successive two -
year terms of office. Each term begins on .Tune 1 of an odd- numhPrerl ralenrlar
c. Terms For Council Members At the rP2jflar elertinn helrl in 1 945 four
Council Members shall be elected. The two receiving the gTeatPSt n„mlher of j7njt-S
shall serve for terms of two years. and the two rPrP;vinv the next vreatest number
of votes shall serve for terms of one year. Thereafter two Council Memherc shall
be elected at the regular election each year and shall serve for terms of tarn vaare
The term of office for each Council Memher nnaition heaine nn the Tuna 1 „av+
v e
followina the regular election at which that j nsit;nn ;s fillPrl
Section 2,02 Qualifications
a. To qualify to be a candidate for or to serve as Mayor or Council Member, a
person must:
(1) Be at least 21 years of age;
(2) Be a resident of and have resided in the City for at least 12 months
immediately preceding the election; eftd
(3) Be qualified to vote in the City,
Be eligible, under the term limitations of this Charter_ to serve fur
the full term of office of the : ositinn held nr cnnaht and
Satisfy all other requirements of state law and this Charter.
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ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 2
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b. If the Mayor or a Council Member no longer qualifies, the Council at its
next regular meeting shall declare the position vacant and fill the vacancy
as provided in this Charter.
Section 2.03 Limit on Successive Terms
No person shall serve as Mayor for more than two successive terms, but a
person may serve as Mayor again when two years have elapsed after the person
ceases to hold the position of Mayor. and [N]o person shall serve as Council
Member for more than two successive terms. A person who has served as
Council Member may serve as Mayor for one or two terms, but may not serve
main as Mayor or Council Member until at least two years elapse after the person
ceases to hold an elected City_.position
Section 2.05 Vacancies
a. When a vacancy is declared, a special election to fill the position- e€€ree
shall be ordered for the first election date permitted under State law that is
at least 45 days after the first public notice of such order, except as
provided in Section 2.05b Candidates must qualify according to Section
2.02.
b If pursuant to Section 2.05a, a special election to fill a vacant _position
°ffiee of affiees would be held on the permitted election date immediately
preceding the permitted election date for the upcoming regular election -of
fftefftbeN of the .•au :', then no special election under Section 2.05a shall
be required, and: (i) if the term of office of the vacant position expires in
the year of the upcoming regular election, the position shall remain vacant
until it is filled for the full regular term at the upcoming regular election,
or (ii) if the term of office of the vacant position extends until the next
year, the position shall be filled, for the unexpired portion of the term, at
C. However. if Mess the five - member Council is ever left with fewer than
three members (including the Mayor), an election to fill all of the
vacancies shall be held at the earliest practicable date allowed by law.
d. A candidate filling a vacancy serves only for the unexpired portion of the
current term of the vacated position.
Section 3.01 Regular Elections
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The regular election of the bef:s of the Gettt efl shall be held on the last
uniform election date allowed by state law prior to June 1 of each add ttumbefed
year. At the regular election held in 1995 each aualified voter of the Citv may
vote for not more than four candidates for Council Member (for the Council
Member terms beginning June 1, 19951. At the regular election held in 1996 and
at each subsequent regular election. Mach qualified voter of the City may vote for
not more than one tidid to f;5f , ,aye two candidates
for Council Member for the Council Member terms beginning on June 1 of the
election year). At the regular election held in 1995 and in each subsequent oddm
numbered calendar year, each qualified voter of the City may also vote for one
candidate for Mayor (for the Mayoral term beginning on June 1 of the election
year). '
the State of Texas:
Section 3.03 Conduct of Elections
All elections shall be held in accordance with the laws of the State of
Texas, this Charter, and City ordinances. The Council shall provide for and
regulate all elections, consistent with the Texas Election Code and other ajj li abl .
laws. _
t of expenses of hoi a:_ lt Gity eeleetiefts At the
1995 regular election for Council Member positions, and at each subsequent
election where two or more Council Member positions are to be filled for the same
term (or part of a term), all candidates for the positions shall run together in one
contest.
Section 3.04 Filing for Office
A ep rson who desires to become a candidate for City
office shall file with the City Secretary an application for a place
on the ballot in accordance with state law. -a
An application must meet all requirements generally
prescribed by state law. In addition, each application must include a petition
recommending the candidacy. The petition must have at least 25 signatures, or
such greater number of signatures as may be required by state law.
Section 3.05 Canvass; Votes Required and Canvassing of Reti
ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 4
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Within €ie six days after a City election, the Council shall meet, canvass
the returns, and declare the results of the election. The eandidat. faf M.,yof who
In a contest to fill two
or more Council Member positions, the number of candidates (up to the number of
positions to be filled) who individually receive the greatest number of votes cast
shall be declared elected. In a contest to fill only one position (for example, the
position of Mayor or a single vacant Council Member position), the one candidate
who receives a plurality of the votes cast shall be declared elected.
Section 4.01 Power of Initiative
The people of the City reserve the power of direct legislation by initiative,
and in the exercise of that power may propose any ordinance, except ordinances
appropriating money or levying taxes or ordinances repealing ordinances
appropriating money or levying taxes, not in conflict with this Charter or the
Constitution or laws of the State of Texas. Any initiated ordinance may be
submitted to the Council by a petition signed by qualified voters of the City equal
in number to at least°tlfee seven per cent of the total number of votes received by
all candidates for Mayor in the most recent Mayoral regular election preceding the
filing of the petition. 't 17371C1=1 1-11=-Vatefs of the-Gity'.
Section 4.02 Power of Referendum
The people of the City reserve the power to approve or reject at the polls
any Council legislation which is subject to the initiative process under this
Charter, except that ordinances authorizing the issuance of either tax or revenue
bonds, whether original or refunding bonds, shall not be subject to referendum.
The people may by petition require voter approval of ad valorem tax increase as
provided by the laws of the State of Texas. Before, or within 90 days after, the
effective date of any ordinance which is subject to referendum, a petition signed
by qualified voters of the City, equal in number to at least -twee seven per cent of
the total number of votes received by all candidates for Mayor in the most recent
Mayoral regular election preceding the filing of the petition
the Gity, may be filed with the City Secretary re uesting that the ordinance be
either repealed or submitted to a vote of the people. When the petition has been
certified as sufficient by the City Secretary, the ordinance specified in the petition
shall not go into effect, or further action thereon shall be suspended if it has gone
into effect, until and unless it is approved by the voters as herein provided.
Section 4.03 Form of Petitions
ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 5
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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. All signatures are subject to standards prescribed by state law for validity,
verification and withdrawal, in addition to the standards prescribed by this
Charter. The signatures to the :..:a:afive of :..,,F,,..,,ndu petitions need not be all
appended to one paper. , '
Texas to identif� qualified -votefs. No signature shall be counted if there is reason
to believe it is not the actual signature of the purported signer or that it is a
duplication either of name or of handwriting used in any other signature on the
petition_, uaaes aav oa�uu�uaa aaauaa be
signef is shown, and unless it is sigtted emaetly as the ftame of the vatef: appeffa-en
by the lftws of the State ofTextts to identify qualified 9
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.
Section 4,04 Filing, Examination, and Certification of Petitions
Within 30 days after a ..:a:, H.V, „f —ef:e ,9.,d,, petition is filed, the City
Secretary shall determine whether it is properly signed by the requisite number of
qualified voters. The City Secretary shall declare void any petition paper which
does not have an affidavit attached thereto as required in Section 4.03 of this
Article. In examining the petition, the City secretary shall indicate the names of
signers found not qualified. The City Secretary shall certify the results of the
petition examination to the Council at its next regular meeting. If the certificate of
the City Secretary shows a . ..: .X:ab • at: ..,,F,,..,...,9,,., petition to be insufficient,
the City Secretary shall notify the person filing the petition, and it may be
amended within 15 days from the date of such notice by filing a supplementary
ORDINANCE ORDERING ELECTION (b17: \ochart2o54,6 -28) Page 6
petition upon additional papers signed and filed as prescribed for the original
petition. Within 15 days after the amendment is filed, the City Secretary shall
examine the amended petition and certify as to its sufficiency. If the amended
petition is then found to be insufficient, no further proceedings shall be had with
regard to it.
Section 4.07 Power of Recall
The people of the City reserve the power to recall any elected officer of the
City and may exercise the power by filing with the City Secretary a petition,
signed by qualified voters of the City equal in number to at least4-5 30 per cent of
the total number of votes received by all candidates for Mayor in the most recent
Mayoral re -ular election preceding the filing of the petition all atte4ie of
the Cry, demanding the removal of the elected officer. The petition shall be
signed and verified as required for an initiative petition.
(Two different amendments to Articles II, III and IV of this Charter have been
submitted to the voters at an election ordered for August 13, 1994. Both
amendments relate to elections. One amendment sets the number of Council
Members at four. The other amendment sets the number at six. The two
amendments are inconsistent. If both are approved by the voters, the amendment
receiving the highest number of favorable votes shall prevail, and the other shall
be of no effect.)
PROPOSED CHARTER AMENDMENT NO. 1 -B
(ELECTIONS)
Amend Sections 2.01, 2.02, 2.03, 2.05, 3.01, 3.03, 3.04, 3.05, 4.01, 4.02, 4, 03, 4.04,
and 4.07 of the Charter as follows:
Section 2.01 Composition of Council and Term of Office
a. Until June 1, 1995, 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. From and after June 1. 1995. the Council shall be composed of seven
persons. a Mayor and six Council Members, each of whom shall be elected from
the City at large. t
ZZI.ILII LiLLlleU.
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b. Mayor; Two -Year Terms. The position of Mayor has successive two -
year terms of office. Each term begins on June 1 of an odd - numbered calendar
Lear.
c. Terms For Council Members. At the regular election held in 1995 six
Council Members shall be elected. The three receiving the greatest number of
votes shall serve for terms of two years, and the three receiving the next gr(.a
number of votes shall serve for terms of one gear Thereafter three C"nunr.il
Members shall be elected at the regular election each gear and shall serve for
terms of two years. The term of office for each Council Member position be�
on the June 1 next following the regular election at which that position is
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filled.
Section 2.02 Qualifications
a. To qualify to be a candidate for or to serve as Mayor or Council Member, a
person must:
(1) Be at least 21 years of age;
(2) Be a resident of and have resided in the City for at least 12 months
immediately preceding the election; -ad
(3) Be qualified to vote in the City,
Be eligible_ under the term limitations of this Charter_ to serve for
the full term of office of the position held or sought; and
W Satisfy all other requirements of state law and this Charter
b If the Mayor or a Council Member no longer qualifies, the Council at its
next regular meeting shall declare the position vacant and fill the vacancy
as provided in this Charter.
Section 2.03 Limit on Successive Terms
No person shall serve as Mayor for more than two successive terms. —but
person may serve as Mayor again when two gears have elapsed after the nercnn
ceases to hold the position of Mayor. - wid [N]o person shall serve as Council
Member for more than two successive terms. A person who has served as Co unril
Member may serve as Mayor for one or two terms, but may not - ain as
Mavor or Council Member until at least two vears elanse after the nersnn ceases to
hold an elected City position
Section 2.05 Vacancies
ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 8
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a. When a vacancy is declared, a special election to fill the o_p sition- offtee
shall be ordered for the first election date permitted under State law that is
at least 45 days after the first public notice of such order, except as
provided in Section 2.05b Candidates must qualify according to Section
2.02
b. If pursuant to Section 2.05a, a special election to fill a vacant position
a ffiee of affi ee. would be held on the permitted election date immediately
preceding the permitted election date for the upcoming regular election-of
e~~befs of the Gott , then no special election under Section 2.05a shall
be required, and: (i) if the term of office of the vacant position expires in
the year of the upcoming regular election, the position shall remain vacant
until it is filled for the full regular term at the upcoming regular election,
or (ii) if the term of office of the vacant position extends until the next
year, the position shall be filled_ for the unexpired portion of the term, at
the upcoming regular election, and the vote on any such vacant positions
shall be taken separately from the vote on positions with full regular terms.
9 However_ if tttrless the seven -fie- member Council is ever left with fewer
than twee four members including the Mayor), an election to fill all of the
vacancies shall be held at the earliest practicable date allowed by law.
d. A candidate filling a vacancy serves only for the unexpired portion of the
current term of the vacated position.
Section 3.01 Regular Elections
The regular election -F ffte bets of the Gaut e� shall be held on the last
uniform election date allowed by state law prior to June 1 of each- edd -"ered
year. At the regular election held in 1995, each qualified voter of the City may
vote for not more than six candidates for Council Member (for the Council
Member terms beginning June 1, 1995). At the regular election held in 1996 and
at each subsequent regular election, felach qualified voter of the City may vote for
not more than ~a fl' -.- ~ -+ —r-tnofe ~' a~ few three
candidates for Council Member for the Council Member terms beginning on June
1 of the election year). At the regular election held in 1995 and in each
subsequent odd - numbered calendar year, each qualified voter of the City may also
vote for one candidate for Mayor (for the Mayoral term beginning on June 1 of the
election year). The Eleetiatt shall be at:det:ed by the Mayet: of: by tile Goutteil.
1&ws of the State of Texas-
Section 3.03 Conduct of Elections
ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 9
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All elections shall be held in accordance with the laws of the State of
Texas, this Charter, and City ordinances. The Council shall nrevide for and
regulate all elections_ consistent with the Texas Election Code and ether annlicahle
laws.
At xb e
1995 _regular election for Council Member positions_ and at each silbsecnlent
election where two or more Council Member nesitionc are to he filled fur the canna
term or _part of a term), all candidates for the positions shall nip togetheaae
contest.
Section 3.04 Filing for Office
A eP rson who desires to become a candidate for City
office shall file with the City Secretary a signed, s i an application Earn Sal ncp
on the ballot_ in accordance with state law and a
Cat.,. Tex"
atte. ..yyheQ thltea. b. T ...
An application must meet all requirements, gene
prescribed by state law. In addition, each api ligation mast include a Pt} ;tin„
recommendine the candidacy. The petition must have at least 2.5 cicznatnrec nr
such_areater number of signatures as may be reQ.uired by stag te+law_
Section 3.05 Canvass: Votes Required ftttd Gftnvassing of Return
Within f-tve six days after a City election, the Council shall meet, canvass
the returns, and declare the results of the election.
rCGGi O'GSOC nittralify "gym `-f e vote et4 and the F � � Tn a rnntact to fill turp
or more Council Member positions_ the number of candidates Oin to the, numhar of
positions to be filled) who individually receive the greatest number of votes cast,
shall be declared elected. In a contest to fill only one p osition (for_ e
position of Mayor or a single vacant Council Member position)- the one candidate
who receives a plurality of the votes cast shall be declared elected
Section 4.01 Power of Initiative
The people of the City reserve the power of direct legislation by initiative,
and in the exercise of that power may propose any ordinance, except ordinances
appropriating money or levying taxes or ordinances repealing ordinances
appropriating money or levying taxes, not in conflict with this Charter or the
Constitution or laws of the State of Texas. Any initiated ordinance may be
ORDINANCE ORDERING ELECTION (b17; \ochart2.54,6 -28) Page 10
submitted to the Council by a petition signed by qualified voters of the City equal
in number to at least4tfee seven per cent of the total number of votes received by
all candidates for Mayor in the most recent Mayoral regular election preceding the
filing of the petition.
Section 4.02 Power of Referendum
The people of the City reserve the power to approve or reject at the polls
any Council legislation which is subject to the initiative process under this
Charter, except that ordinances authorizing the issuance of either tax or revenue
bonds, whether original or refunding bonds, shall not be subject to referendum.
The people may by petition require voter approval of ad valorem tax increase as
provided by the laws of the State of Texas. Before, or within 90 days after, the
effective date of any ordinance which is subject to referendum, a petition signed
by qualified voters of the City, equal in number to at least4hfee seven per cent of
the total number of votes received by all candidates for Mayor in the most recent
Mayoral regular election preceding the filing of the petition it , ttal fied vatet:s of
the -Fity, may be filed with the City Secretary requesting that the ordinance be
either repealed or submitted to a vote of the people. When the petition has been
certified as sufficient by the City Secretary, the ordinance specified in the petition
shall not go into effect, or further action thereon shall be suspended if it has gone
into effect, until and unless it is approved by the voters as herein provided.
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. All signatures are subject to standards prescribed by state law for validity,
verification and withdrawal, in addition to the standards prescribed by this
Charter. The signatures to the :..:A:. ti V. .._ fefiffendttm petitions need not be all
appended to one paper. bw eetelt si"ttet;'s name shall be t3fiftted aftd situted itt ink-
as
No signature shall be counted if there is reason
to believe it is not the actual signature of the purported signer or that it is a
duplication either of name or of handwriting used in any other signature on the
petition. , fttta tia sigttawfe shall be tit„a , miess the . sidettee „ddtze s of the
ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 11
7 and imle-ta the
--bef: and sefiF4 --be. thuLfftinegfed an 4P 1
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.
Section 4,04 Filing, Examination, and Certification of Petitions
Within 30 days after a tut ittitiative efrf:endttm petition is filed, the City
Secretary shall determine whether it is properly signed by the requisite number of
qualified voters. The City Secretary shall declare void any petition paper which
does not have an affidavit attached thereto as required in Section 4.03 of this
Article. In examining the petition, the City secretary shall indicate the names of
signers found not qualified. The City Secretary shall certify the results of the
petition examination to the Council at its next regular meeting, If the certificate of
the City Secretary shows a °ft :..:t:ati-ve of to fe_etid i petition to be insufficient,
the City Secretary shall notify the person filing the petition, and it may be
amended within 15 days from the date of such notice by filing a supplementary
petition upon additional papers signed and filed as prescribed for the original
petition. Within 15 days after the amendment is filed, the City Secretary shall
examine the amended petition and certify as to its sufficiency. If the amended
petition is then found to be insufficient, no further proceedings shall be had with
regard to it.
Section 4.07 Power of Recall
The people of the City reserve the power to recall any elected officer of the
City and may exercise the power by filing with the City Secretary a petition,
signed by qualified voters of the City equal in number to at least-1-5 30 per cent of
the total number of votes received by all candidates for Mayor in the most recent
Mayoral regular election preceding the film of the petition °" ......ji Pied _•,ae f �
the Gity, demanding the removal of the elected officer. The petition shall be
signed and verified as required for an initiative petition.
ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 12
(Two different amendments to Articles II, III and ITS of this Charter have been
submitted to the voters at an election ordered for August 13, 1994. Both
amendments relate to elections. One amendment sets the number of Council
Members at four. The other amendment sets the number at six_ The two
amendments are inconsistent. If both are approved by the voters, the amendment
receiving the highest number of favorable votes shall prevail, and the other shall
be of no effect.)
PROPOSED CHARTER AMENDMENT NO. 2
(COUNCIL & CITY MANAGER RESPONSIBILITIES)
Amend Section 2.08 of the Charter (relating to the 'Powers of Council') as
follows:
All power and authority of the City shall be vested in and exercised by the
Council, except that the Council shall not exercise powers expressly conferred on
other City officers by this Charter. Said power and authority shall include the
authority to:
a. Create, abolish, consolidate and divide offices and departments in
the interest of the City, except that no office or department
established and required to be maintained by this Charter may be
abolished and (ii) only the City Manager may remove a staff
member or reduce the compensation of a staff member, as provided
in Article VI.
[b. and c. not amended]
d. Appoint the City Manager, the City Secretary_ the City Attorney,
prosecuting attorneys, other attorneys, Municipal Court judges,_
Municipal Court clerks and members of all boards. commissions
and committees, unless otherwise required by applicable law this
Charter.
Amend the sixth sentence of Section 6 01 of the Charter as follows:
The Ceutteil City Manager shall designate a qualified person to perform
the duties of the City Manager during the absence or inability of the City
Manager
Amend Sections 6 02, 6 06, 6 05, 6 07, 6.08 and 7.01 of the Charter as follows:
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ORDINANCE ORDERING ELECTION (b17: \oc1.art2.54,6 -28) Page 13
EM
EM
Section 6.02 City Manager: Powers and Duties
a The City Manager shall be responsible to the Council for the efficient and
economical administration of the City government. The ''
r
eenst4tation with t Gettiteil- to femove it , t
I[T]he City Manager shall -also have the
authority tom appoint and remove all staff members_ (ii) prescribe the
duties of each staff member, and iii set the compensation of staff
members, limited by the total amount appropriated by the Council far-
compensation of staff members in the same department oa_htetv e}e-yees
ef- the -C4- The staff includes all officers and emnlnveec of the rite,
except for those specifically authorized by this Charter or applicable 1.9w to
be_a2pointed by the Council, or by some other officer or hndR kart frnm
the City Manager. The City Manager may authorize the head of any
department to appoint and remove subordinates in that department and to
set their compensation and duties su `ect to the came. limitatinne ac tha
City Manager. Except for the purpose of obtaining information, the
Council and its members shall deal with the staff=4t1ft= through the
City Manager.
b The City Manager shall:
(1) Prepare and submit annually to the Council a budget and
administer the budget after its adoption;
(2) Advise the Council of the financial condition and future
financial needs of the City;
(3) Assign each staff member to a department-, [ recommend to
the Council the salaries to be paid each appointed officer
and employee of the City not hart oft the staff;
(4) Recommend to the Council in writing actions or policies
the City Manager considers desirable;
(5) Attend all meetings of the Council with the right to take
part in discussion to the extent desired by the Cjjuncil but
with no vote;
(6) Administer the enforcement of all City ordinances;
(7) Perform all other duties directed by the Council and not
inconsistent with this Charter.
Section 6.05 City Attorney
ORDINANCE ORDERING ELECTION (b17e \ochart2.54,6 -28) Page 14
The Council shall appoint an attorney, licensed by the State of Texas, to be
the City Attorney. The City Attorney shall be entitled to compensation for
services as established by the Council and shall serve at the pleasure of the
Council. Upon request of the Council or the City Manager, [t]he City
Attorney shall_
, ettid Shall (i) prepare or
review ordinances and other measures_ (ii) review -atll contracts and other
documents in which the City has an interest and (iii) perform other legal
duties. The ! ity A ttaf ey ,.tt- of „af,..-...eys ..,.leeted by -the Giyy
1
Eitv hitsitess.
Section 6.06 Police Department
a. A Police Department is established and shall be maintained to preserve
order and to protect citizens from violence and their property from damage
and loss. The Police Department shall perform other duties as directed by
ordinance or by the City Manager.
b. The Police Department shall be directed by an experienced peace officer
who shall be appointed Police Chief for an indefinite term by the City
Manager The Police Chief may be removed
from office by the City Manager . .'that with the Gaut , :' The
Police Chief shall
the ttppf:-Nt4 of the Gity b be responsible to the City
Manager for the administration of the department.
Section 6.07 Fire Department
a. A Fire Department is established and shall be maintained to prevent and
extinguish fires in the City. The Fire Department shall perform other
duties as directed by ordinance or by the City Manager.
b. The Fire Department shall be directed by an experienced fire fighter who
shall be appointed Fire Chief for an indefinite term by the City Manager
The Fire Chief may be removed from office
by the City Manager ltat:,.ft with the G........:' The Fire Chief
shall
be responsible to the City Manager for the
administration of the department.
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Section 6.08 Public Works Department
a A Public Works Department is established and shall be maintained to
manage and maintain the physical resources of the City, to provide public
sanitary services, and to perform other duties as directed by ordinance or
by the City Manager.
b The Public Works Department shall be directed by an experienced public
works manager who shall be appointed Public Works Director for an
indefinite term by the City Manager aftef ttoofoyal of the Gattitei The
Public Works Director may be removed from office by the City Manager
°Ft„_ eensultation with the Goutteit The Public Works Director shall be
responsible to the City Manager for the administration of the department.
Section 7.01 Finance Department
a. A Finance Department is established and shall be maintained to manage
the finances of the City
b. The Finance Department shall be directed by an experienced financial
manager who shall be appointed Finance Director for an indefinite term by
the City Manager tt tef eppf:aYttl -e€- teR. The Finance Director may
be removed from office by the City Manager ftftef ,.acts. °taboo _. 4h flte
Ems. The Finance Director may serve concurrently as City Treasurer.
C. The Finance Director shall have custody of all public moneys, funds,
notes, bonds, and other securities belonging to the City. The Finance
Director shall make payments out of City funds upon orders signed by City
Officers as designated by the Council. The Finance Director shall make to
the City Manager and the Council a full and accurate statement of receipts
and payments, as directed by the City Manager or Council. The Finance
Director shall perform other duties as directed by ordinance, the Council,
or the City Manager.
Amend Subsection "a" of Section 7.03 of the Charter (relating to the scope of the
annual budget) by adding the following sentence at the end of said subsection, as
it now exists or as it may be amended.
The annual budget may prescribe the total compensation of staff members
(as defined in Section 6.02) by departments or by larger budgeta units,
but it may not prescribe the compensation of individual staff members or
of staff units smaller than a department.
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Amend the first sentence of Section 10.02 as follows:
All City officers and employees whose duties will include the handling of
moneys, before starting employment or entering the duties of office, shall
make a surety bond in an amount and with a surety company acceptable to
the City Manager Gauttei but only if the Council. by ordinance,
specifically requires a bond for the position or duties in question.
PROPOSED CHARTER AMENDMENT NO. 3
(ZONING & PLANNING)
Amend Sections 5.01 through 5.06 of the Charter as follows, effective from and
after January 1, 1995:
Section 5.01 Continuation of Zoning Ordinance
Neither [t]he adoption nor any amendment of this Charter shall -net abolish
nef or change the zoning ordinance in effect at the time of itsadepten.
Section 5,02 Power to Zone
The Council shall have the power to zone the City ,.ft„f -,,, a ffi ., endue n
and shall enact necessary implementing
legislation in accordance with state law. as ftut e fined by law and .,ft,._ tt" ott4 c
Section 5.03 Zoning and Planning Commission.,
There shall be a municipal planning [c]cmmission which shall also serve
as a [z]oning [ Commission. It a shah be known as the Zoning and
Planning Commission. The Council shall appoint 2Zattittg and
ea fti liss at sift" eatisi no fewer than five nor more than seven members of
the Commission =tsidents of h l- pfapfty it+t .. the Gity. T4te
Ajjfjp4 17
Geftimissieft shall be filled fat: the by 4 G,.0 fteil, The
mss- The Council, by ordinance, shall provide for the organization and
ORDINANCE ORDERING ELECTICN (b17: \ochart2.54,6 -28) Page 17
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functions of the Commission and all other necessary matters, in accordance with
applicable laws and this Charter.
Section 5.04 Zoning and Planning Commission: Powers and Duties
The Zoning and Planning Commission shall:
outside the e6fpof:ffte lifflits of the Gity as authat:ized by law;
� .a. Recommend to the Council plans for the physical development of
the City; and
d.b Perform all other functions of zoning or municipal [p]lanning
[c]ommissions under the laws of the ghtte of Te� applicable law,
this_Charter or City ordinance
Section 5.05 Zoning Board of Adjustment: Composition-ftffd4kttles
There shall be a Zoning Board of A djastment which shall consist of five
members and four alternates. unless otherwise required by state law All members
are appointed by the Council.
, 6b 1V111CLLVJ J11UI1 VV IL.7ZAliIIL.TQ
f
r
dtte-preeess -ems e,:ftd ift fteeefdattee with ws of the State of T The
Council_ by ordinance, shall provide for the organization and functions of the
Board and all other necessary matters in accordance with applicable laws and this
Charter.
Section 5.06 Zoning Board of Adjustmenie Powers And Duties
The Zoning Board of Adjustment shall have the powers and perform the
duties prescribed by applicable law. this Charter or City ordinance. the lftws o f+hw
State of Texas, itteludittg but not limited to, the-powet: to*
b. Grerrt vafittnees; attd
b laws
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PROPOSED CHARTER AMENDMENT NO. 4
(MUNICIPAL COURT)
Amend Section 6.04 of the Charter as follows:
Section 6.04 Municipal Court
There is established
the Municipal Court of the City of West University Place Faf the t.." ,' of
iiiisde Yaf-offetises-c with all pJ'vbef:s and duties gf:ttnted by the laws eff the- Stat-P
of Tex ts. The Council shall provide for the number of judges, the organization of
the court and all other necessary matters, in accordance with this Charter and
applicable law. The court and its officials shall have all of the jurisdiction, powers
and duties prescribed by applicable law. this Charter or City ordinance.
a- 44te Each D]udge of efte eotW shall be appointed by the Council
and shall be an attorney licensed by the State of Texas. Each Judge
shall be entitled to compensation as established by the Council -ate
shall hold affiee at the p4easttfe of the-GoufteH.
h- There shall also be a municipal [c]ourt [c]lerk and prosecuting
attorneys, all appointed by the Council. The Glefk and the deputy
PROPOSED CHARTER AMENDMENT NO. 5
(BUDGETING)
Amend Section 7.03 of the Charter as folloivs;
Section 7.03 Annual Budget
The Council shall adopt and enforce an annual budget in accordance with
state law and in accordance with this Charter, to the extent this Charter is
consistent with state law,
a. Scope. The annual budget must specify appropriations for capital
expenditures and for expenditures directed by Council for services
and for the operation of City departments, offices, and agencies. It
must comply with fund requirements of bond covenants. It may
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T13111,
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not allow expenditures durine the budget period in excess of funds
estimated to be on hand during the same period.
b Preparation. City department heads and officers shall submit
budget requests for the next fiscal year to and as directed by the
City Manager for review and consolidation. The City Manager
shall submit a proposed annual budget to the Council in sufficient
time to permit Council to review and revise it
C. Adoption. Before taxes are levied, but after a public hearing or
hearings, Council shall adopt the annual budget. Council may
amend the proposed budget, but shall nat delete of 4 feftse
UGLIVI , 7I law,
the to total .. f i3itts f d available ft:am eaflier ifteame
d. Failure to Adopt. If the Council fails to adopt the annual budget
before the start of the fiscal year to which it applies, appropriations
of the last budget adopted shall be considered as adopted for the
current fiscal year on a month -to -month pro rata basis until the next
budget is adopted.
e Transfers. Amendments, Etc. In accordance with state law and this
Charter. the Council may: (il transfer funds. 60 authorize
administrative transfers of funds and (iii) amend the annual budget.
f. Lapse of Appropriations. Appropriations shall lapse at the close of
the fiscal year if not spent or encumbered
Repeal Sections 7.04 (Budget is a Public Record), 7.05 (Transfer of Funds);
7.06(Emergency Appropriations) and 7.09 (Lapse of Appropriations) of the
Charter.
PROPOSED CHARTER AMENDMENT NO. 6
(TAX ADMINISTRATION)
Amend Section 8.01 of the Charter as follows:
Section 8.01 Power to `` ftx In General.
Ua The Council shall have the power, within the limits of the Constitution
and laws of the State of Texas, to assess, levy and collect annual taxes on property
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47 4)
with a situs in the City. The Council shall make all necessary provisions and
regulations for assessment. levy and collection of taxes.
(b) The City Manager shall appoint a tax assessor - collector who shall
serve at the pleasure of the City Manager. The tax assessor - collector may also
hold other positions.
> ftsSesstitents, tax lists, tam falls, and pett "'y
b. Emeept " pfavided ift this Gh&fef, tio one may: extend the time fo
petyfneftt of taxes; > diseattitt,
of tfffes dtte the
t
Repeal Sections 8.02 (Right to Reconsideration), 8.03 (Tax Assessor - Collector),
8.04 (Board of Equalization), 8.05 (Property Subject to Tax), 8.06 (Assessment
Procedure), 8.07 (Tax Levy) and 8.08 (Payment of Taxes) of the Charter.
PROPOSED CHARTER AMENDMENT NO. 7
(FRANCHISE ADOPTION, PUBLICATION, ETC.)
Amend Section 9.03 of the Charter as follows:
Section 9.03 Dr... ,dine Fnae` Franchise Ordinances
As used in this section, the term "franchise" includes any grant of a right or
franchise to use or occupy the public streets, avenues, alleys or grounds of the
City. No franchise may be granted except by ordinance adopted by the Council in
accordance with this Charter and state law. Notwithstanding Article II of this
Charter: (i) each such ordinance must be read and considered at two regular
meetings of Council before final passage, and (ii) no such ordinance may take
effect sooner than the fifteenth day following the day of its final passage. If
petition and referendum procedures for franchise ordinances are imposed by state
law, they shall be followed in lieu of those prescribed by this Charter. -£ve.y
> extendi
>
h
entil 39 days aftef: the fif:st- feadtng hiii -
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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" 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 -A
(ELECTIONS)
Shall Articles II, III, and IV of the Charter of the City of
West University Place be amended to include:
* Staggered, two -year terms for the four Council Members,
with provisions for a transition election and annual
elections thereafter; and
* Revised regulations for elections, including term
beginning dates, qualifications, term limits,
vacancies, conduct of elections, canvassing, petitions
and election procedures in accordance with state law?
PROPOSED CHARTER AMENTDMENT NO. 1 -B
(ELECTIONS)
Shall Articles II, III and IV of the Charter of the City of
West University Place be amended to include:
* An increase from four to six Council Members (plus the
Mayor);
* Staggered, two -year terms for the six Council Members,
with provisions for a transition election and annual
elections thereafter; and
* Revised regulations for elections, including term
beginning dates, qualifications, term limits,
vacancies, conduct of elections, canvassing, petitions
and election procedures in accordance with state law?
ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 22
7
PROPOSED CHARTER AMENDMENT NO. 2
(COUNCIL & CITY MANAGER RESPONSIBILITIES)
Shall Articles II, VI and VII of the Charter of the City of
West University Place be amended to:
* Make the City Manager responsible for appointing and
removing all members of the City staff and for
establishing staff duties and compensation (within
budget limits set by the Council);
* Retain the City Council's general authority to appoint
the City Manager, the City Secretary, attorneys,
Municipal Court officers and all boards, commissions
and committees;
* Require the City Manager to designate a qualified
person to perform the City Manager's duties during an
absence or inability; and
* Assign responsibilities for related matters, including
legal work and fidelity bonds?
PROPOSED CHARTER AMENDMENT NO. 3
(ZONING & PLANNING)
Shall Article V of the Charter of the City of West University
Place be amended to:
* Eliminate provisions overlapping state law;
* Continue the City's zoning ordinance, the Zoning and
Planning Commission and the Zoning Board of Adjustment;
and
* Require the City Council to make further provisions, by
ordinance (all effective January 1, 1995)?
PROPOSED CHARTER AMENDMENT MO. 4
(MUNICIPAL COURT)
Shall Section 6.04 of the Charter of the City of West
University Place be amended to:
* Eliminate provisions overlapping or conflicting with
state law relating to the Municipal Court; and
* Require the City Council to make further provisions for
the Municipal Court?
PROPOSED CHARTER AMENDMENT NO. 5
(BUDGETING)
Shall Article VII of the Charter of the City of West
University Place be amended to:
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E •,�dEA
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* Require that annual budgeting comply with both state
law and the Charter;
* Prohibit expenditures in excess of estimated funds on
hand;
* Delete obsolete provisions; and
* Authorize transfers and amendments in accordance with
state law and the Charter?
PROPOSED CHARTER AMENDMENT NO. 6
(TAX ADMINISTRATION)
Shall Article VIII of the Charter of the City of West
University Place be amended to delete provisions overlapping
or conflicting with state law?
PROPOSED CHARTER AMENDMENT NO. 7
(FRANCHISE ADOPTION, PUBLICATION, ETC.)
Shall Section 9.03 of the Charter of the City of West
University Place be amended to:
* Provide that franchises may only be granted by
ordinance;
* Apply the Charter's general procedures for adoption and
publication of franchise ordinances, but require two
readings and a delayed effective date; and
* Adopt state law definitions and referendum procedures?
(c) The City Council hereby appoints a Presiding Judge,
Gene DeLaveaga, for the Central Counting Station, which for
purposes of this election shall be located at the West University
Place City Hall, 3800 University Boulevard. Victor Hansen shall
serve as the Manager of the Central Counting Station and Kaylynn
Holloway as Tabulation Supervisor for the election.
(d) The appropriate election officials shall conduct a test
of the automatic tabulating equipment on Wednesday, August 10,
1994, at 4 :00 o'clock P.M. in the Conference Room at the
Municipal Building, 3800 University Boulevard, Houston, Texas
77005, which shall be open to the public.
Section 3. (a) The City shall be divided into four
election precincts for the election, and the polling places
designated for each election precinct and the persons hereby
appointed to serve, for this election only, as Presiding Judge
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51 i
and Alternate Presiding Judge for each polling place, are as
follows:
Voting Precinct #183
West University Community Building
6104 Auden
Steven Pohl, Presiding Judge
Sally McCandless, Alternate Presiding Judge
Voting Precinct #133
Colonial Park Recreation Center
4130 Byron
Hazel Pitts, Presiding Judge
H. K. Pitts, Alternate Presiding Judge
Voting Precinct #87
West University Elementary School
3756 University Boulevard
Cindy Hassler, Presiding Judge
Rick Langenstein, Alternate Presiding Judge
Voting Precinct #15
St. Andrew's Presbyterian Church
5308 Buffalo Speedway
Burt Ballanfant, Presiding Judge
Ramsay Elder, Alternate Presiding Judge
(b) 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.
(c) Each Presiding Judge shall appoint not fewer than two
and not more than five qualified clerks to serve and assist at
the polling place under his /her jurisdiction in holding said
elections provided that, if any Presiding Judge herein appointed
actually serves in holding said election, the Alternate Presiding
Judge for the precinct in question shall be one of the clerks.
ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 25
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(d) On election day, 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 Hall in the Municipal Building, 3800 University
Boulevard, Houston, Texas 77005, during the hours the City
Secretary's main office is regularly opened for business, 8:00
A.M. to 5:00 P.M., Monday through Friday, July 25, 1994 through
August 9, 1994, 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 no later than the close of business on Friday, August 5,
1994. For purposes of processing early voting results, the
precinct election officers serving Precinct #15 shall serve as
the Early Voting Ballot Board for this election.
Section 4. 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 5. 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 publishing it
and posting it in accordance with Section 4.003, TEXAS ELECTION
CODE, and Section 9.004 of the TEXAS LOCAL GOVERNMENT CODE.
Section 6, The Mayor, the Mayor Pro Tem, the City
Manager, the City Secretary and the Assistant City Secretary, or
any one 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. Appointmen''s of election officials in this
Ordinance are made for this election only.
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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.
Section 9, 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 and the
contents and posting thereof.
Section 10. The public importance of this measure and the
requirements of the law create an e,;:argency 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, this the
day of 1994.
Voting Aye:
Voting No:
Absent:
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3 U,
ATTEST:
K olloway, City S cretary
(SEAL)
Reviewed:
t
James L. Dougherty, Jr.
City Attorney
16b• \ochart1.54
Signed:
Bill Watson, Mayor
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