Loading...
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: ----------------------------------------------------------------- ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 1 -f P HIM (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. ----------------------------------------------------------------- ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 2 i 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 ------------------------------------------------------------------ ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 3 Im ,3 0 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 7 a 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 MM 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. ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 7 M 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 4 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 i 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 M HIM 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: ----------------------------------------------------------- - - - - -- 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. ----------------------------------------------------------------- ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 15 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. ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 16 l 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 W 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ORDINANCE ORDERING ELECTION (b17: \ochart2,54,6 -28) Page 18 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 ORDINANCE ORDERING ELECTION (b17; \ochart2.54,6 -28) Page 19 T13111, EE 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 ----------------------------------------------------------------- ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 20 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 - ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 21 M11 R t 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: ----------------------------------------------------------------- ORDINANCE ORDERING ELECTION (bl7: \ochart2.54,6 -28) Page 23 E •,�dEA I * 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 ----------------------------------------------------------------- ORDINANCE ORDERING ELECTION (b17: \ochart2,54,6 -28) Page 24 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 �r All i (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. ----------------------------------------------------------------- ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 26 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: ----------------------------------------------------------------- ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 27 3 U, ATTEST: K olloway, City S cretary (SEAL) Reviewed: t James L. Dougherty, Jr. City Attorney 16b• \ochart1.54 Signed: Bill Watson, Mayor - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ORDINANCE ORDERING ELECTION (b17: \ochart2.54,6 -28) Page 28