HomeMy WebLinkAboutOrd 1484 - Election Results of 08/13/1994 election0
ORDINANCE NO. 1484
AN ORDINANCE CANVASSING RETURNS AND DECLARING RESULTS
OF THE CHARTER AMENDMENT ELECTION HELD IN THE CITY OF
WEST UNIVERSITY PLACE, TEXAS FOR THE 13TH DAY OF AUGUST,
1994; CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO
SAID ELECTION; AND DECLARING AN EMERGENCY.
WHEREAS, in accordance with the laws of the United States of America, the State of
Texas, The Charter of the City of West University Place, Texas (the "City "), and Ordinance
No. 1482 adopted pursuant thereto, an election was held within and for said City on the 13th
day of August, 1994, at which election there was submitted to all duly qualified resident
electors of the City for their action thereon eight proposed amendments to the City Charter of
the City of West University Place, said proposed amendments being:
(In the text of each proposed amendment, words stricken out would be
deleted from the Chcyter. All other words would be in the Chc#-ter if
the amendment is adopted Words to be Gadded 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 Chca -ter as follows:
Section 2.01 Composition of Council and Term of Office
a. 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 €er-a
teFm of tNw Nvars. 4hev shall take office at the nexi regi.41.ar- L2piWnpil Meeting
after 1thnc> lmaye be deelare eloi. e
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 year.
c. Terms For Council Members. At the regular election held in 1995,
four Council Members shall be elected. The tWo receiving; the greatest number
of votes shall serve for terms of two years, a. id the two receiving the next
greatest number of votes shall serve for terms of one year. Thereafter, two
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Un
IMsition is 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; and
(3) Be qualified to vote in the City,
Be eligible, under the term limitations of this Chnrter tp sense
for the full term of office of the position held nr cn„ffht and
Satisfy all other requirements of Mate law an(i this C ~harrar
K 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 term i it
a e�rson_mav serve as Mayor again when two vears have elnnged nfter the
oil a
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Section 2.05 Vacancies
a. When a vacancy is declared, a special election to fill the citron OffiOO
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 2.05x, a special election to fill a vacant position
ofeeor offiees would be held on the permitted election date
immediately preceding the _ pennitted election date for the i"oming-
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regular election of members of the G 4 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
three members (including the Ma or an election to fill all of the
vacancies shall be held at the earliest 12racticable 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 of m°,, bm of the Geun6l shall be held on the last
uniform election date allowed by state law prior to June 1 of each edd-
numbemd year. At the regular election held in 1995, each qualified voter of the
City may vote for not more than four 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. Jelach qualified voter of the
City may vote for not more than one candidate fbF 1 and for- not mew
than few 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 odd - numbered calendar year, each qualified voter of the
City may also vote for one candidate for Mayor (for the Mayoral term
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
applicable laws. appoint elec4ien iudges--md other
provide fer- their- eompensatior4 and
ovranSAS of 1, ,la',, , !";tom.
e-leaiens At the 1995 regular election for Council Member positions, and at
each subseauent election where two or more Council Member positions are to
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be filled for the same term _(or part of a term, all candidates for the osition.
shall run together in one contest.
Section 3.04 Filing for Office
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must have at '. .• _ i. _ number of !JIM '9 LO,
be reouired by state law.
Within fw six days after a City election, the Council shall meet,
canvass the returns, and declare the results of the election. a-Lo ^n„aian *v li^r
contest to fill two or more Council Member positions, the number of ca_ndidatcs
(,uu to the number of positions to be filled) who individually receive the
greatest number of votes cast; shall be declared elected. In a conLe-q to fill
onl�: one sipo �tion (for example., the position of Ma; or or a single vaunt
Council Member position), the one candidate who receives a plurality of the
votes cast shall be declared elected.
Section 4.01 rower 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 seven per cent of the total
number of votes received by all candidates for Mavor in the most recent
Ma, o�gular election preceding the filing of f the petition, all qualified votes
of the Git�':
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 dwee 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 uetition a» . --'rf ed yetern of the City, 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 ir,itiatiNy or referendum
petitions need not be all appended to one paper_ , but each sinn&s name shall
be pfinted and signed in ink as shall the residenVs addmss, pmeinet number-,
aPA serial mu4er 4om the t.nter regisfint. ^n eeAifi ate of ether ll^n..mer.t
pFeseribe by the la�As ^f the State ^f Tovnn t^ identify qualified N�etarn
�.�.r.,...,�..,....J ,a,., �.a..,, �,� ,..,...� State of 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 , ar.rl „^ nirmnfiwe shall
voter be eounted upAess the residence address of the -Sigiw is sh&Aq:4 and urAess it is
signed exac4ly as the name of the
n..rre A N,eter registration list or edw doe+ w t_ prescribed by the laws of the
i f7L
doeumer.t prescribed her state law to i er.fify qualified N,oters are note.l as
9
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above 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 ana ir-iti^tive. nr refo,.A„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 jAn initiative ^r refenead,im 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 -4
30 per cent of the total number of votes received h; atl candidate-01 for Mnvnr
in the most recent h a oral regular election r ding the fling of the 1jetiflul-
all aualified vet m of *hg:Cjty,, 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 anendment sets the number of Council
Membets at four. The other amendment sets the number at six. The two
amendments are inconsistent. If both are approved by the voters, the
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0
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 lame. From and after June 1. 1995. the Council shall be composed of
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 year.
c. Terms For Council Members. At the reeiilar election held in 1995
six Council Members shall be elected. The three receiving the greatest number
of votes shall serve for terms of two veais, and the three receiving the next
greatest number of votes shall serve for terms of one year. Thereafter. three
Council Members shall be elected at the regular election each year and shall
serve for terms of two years. The term of office for each Council Member
position begins on the June 1 next following the regular election at which that
position is 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; and
(3) Be qualified to vote in the City,
W Be eligible, under the term limitations of this Charter, to serve
for the full term of office of the position held or sought. and
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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 tem4 but
a nelson 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
Section 2.05 Vacancies
a. When a vacancy is declared, a special election to fill the position
office-
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
epee er -effiees would be held on the permitted election date
immediately preceding the _permitted election date for the upcoming_
regular election of n,°v,.,bm of the r,,,,nc , 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 electiou,
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,
c. However, if w-jess the seven -five- member Council is ever left with
® fewer than t four members ncluding 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 onlv_for the unexpired nortion of
the current term of the vacated position.
ORDINANCE
Section 3.01 Regular Elections
The regular election of m^mbefs of the r' ^• •n shall be held on the last
uniform election date allowed by state law prior to June 1 of each odd -
numbered 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, (ejach qualified voter of the
City may vote for not more than one emdi ate- OF Mayer-- ° „a _ ^r „ ^* ,,, ^r°
than four 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). 'Ti° Election shall be
° Mayer or by the Gelmr -+j �Mp (��tc� �t�nrt�1 -nrci n�n11 lv -+�>° r�n4i^c_ Af tLe
eleaien in the mamef td-by4he la�As of 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
iii �i.: '� i�wa�.�a:• :n �i :nilSw.i: i : � •n � : �!
shall run together in one contest.
Section 3.04 Filing for Office
application must include a Mtition recommending the candidacy. The petition
must have at least 25 signatures, or such greater number of signatures as may
be required by state law.
103 c y"M ► N a 0 F4 UA m A
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Section 3.05 Canvass: Votes Required aa G,,nkay'sw# of if L]il,tYl(
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to the number of Wsitions to bQXWW) who individually receive the
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� • � � � � �/ 111 /1 /1 / 1 u�- � •�� �_
greatest number • n cast shall be declared / In n cagesuo fill
only // sition (for example, the /.1 o/ of Mqynr 1. Y• - .•
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 tte seven per cent of dw to
number of votes received by all mndidates fix Mnvnr in the mnet ri-( -=
Ma -al election rn eccxding the filing of the r,Ptl� al qual -te yotm
Of-thO
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 three- seven per cent of the total number of 1= rxPivPrl by all
candidates for MayQr in the most recent Mayoral regilar electinn nrec•e�ling the
e }
filing of f the tipe tion al ua4ified yotm of *LL—Lily,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,
ORDINANCE
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 simatures are subiect to standards prescribed by
state law for validity, verification and withdrawal, in addition to the standards
prescribed by this Charter. The signatures to the 4iit tiye ^r Fe ,-endu ,,
petitions need not be all appended to one paper_. ,but each si,^�z n2— .—_sha]4
be ppkAed and signed in in k as n�eTesidGIt' adh—., p eeina- Humber,
M12 6
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 petition4gio- �'_
be eounted upAess the residenee address of the signer is sho:,An; and upAess it is
doeument prescribed by state law to ti f:
above requi 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 aH 4iitiatiye or rvf 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
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results of the petition examination to the Council at its next regular meeting. If
the certificate of the City Secretary shows a an 41itialive or re° 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 4-5
30 per cent of the total number of votes received by all candidates for 1y(avor
in the most recent Ma o� ral regular election preceding h filing of the etitinn
all Emal f e -d voters of 1 � 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 Chatter 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
Membets at four. The other canetdment sets the number at six. The two
amendments arm inconsistent. If both are unproved 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'9 as
follows:
All power and authority of the City-shall be vested in and exercised by
the Council, except that the Council shall no*_ 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- 0i no office or
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department established and required to be maintained by this
Charter may be abolished and (ii) only the City Manager ma
membe, r. as provided in Article VI.
jb. cad c. not canended]
and committees, unless otherwise required by pplicable law or
this Charter.
Amend the sixth sentence of Section 6.01 of the Charter as follows:
The Geuncil 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 Chceer as follows:
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. g4ie G43,
rr��int'2211 epartfi€ theads. Gio, M n ge shal t,aNy the
�
afteF consultation .A it the !-''eunei13 r-emep�,e all , ep e-Pk
heads. 1 tnInc.cs A-0h. i de in this QnAm, +[Tjhe 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
same department.
The City Manager may authorize the head of any department to appoint
and remove subordinates in that department and to set their
Manna . er. Except for the purpose of obtaining information, the Council
and its members shall deal with the staff emple3ees through the City
Manager.
b. The City Manager shall:
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(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 womhPr to n dwnrtment• [ recommend
to the Council the salaries to be paid each appointed
officer and employee of the City not nark the
(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 ext= dg-,ired by th, QrNi in,-; I
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
WAS
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 ^ft °r appruval of the G^. . The Police Chief may be
removed from office by the City Manager ^n °r o-^„s„ it.,tion ukh t�,o
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99.
Council. The Police Chief shall appoint and remove enmloyees of-the
dorrnr4-mor�f rrnth the nr�r�roN�nl of the (1i1 -c, l�/inrinrrcr- nr�d n�n11
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 aftef approval of the r^a . The Fire Chief may be removed
from office by the City Manager
The Fire Chief shall appoint and rQm^ --ployees of the devaA+nentt
sA4t , the approNu of the Gitt, Manager and be responsible to the
rri�ii uiv u ivvux vi the
City Manager for the administration of the department.
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 after approval of the Go. rnc
The Public Works Director may be removed from office by the City
Manager e- Cecil. 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 after approval of the Council. The Finance
Director may be removed from office by the City Manager after
. The Finance Director may serve
concurrently as City Treasurer.
ORDINANCE CANVASSING ELECTION
15
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 ai the end of said
subsection, as it now exists or as it may be amended.
Rill 1P Im
I ••_ L •SIEMENS a :" r2, ` •- •u�.-1 •. • .• •
.r 11'11•: A • • � • u- � •.• •- •_ru -•
Amend the first sentence of Section 10.02 x follows:
All City officers and employees whose duties will include the handling
of moneys, before starting emp'- oyment or entering the duties of office,
shall make a surety bond in an amount and with a surety company
acceptable to the 01i Mange
ordinance, specifically requires a bond for the nQ,itien nr dude in
question.
(ZONING PLANNING)
Amend Sections 5.01 through 5.06 of the Charter as follows, effective from
aid gfter Janua y 1, 1995:
Section 5.01 Continuation of Zoning Ordinance
Neither [t]he adoption nor any amendment of this Charter shall not
abolish nor or change the zoning ordinance in effect at the time of its - adoption.
Section 5.02 Power to Zone
ORDINANCE CANVASSING ELECTION 16
The Council shall have the power to zone the City aftef
reeenunen"ion of the Zoning and NwAting Commission, and shall enact
necessary implementing legislation_, in accordance with state law. as-ae
Section 5.03 Zoning and Planning Commission:
Mr
- LLJL5L-AL.JFJEU .:asR:—
i... i....— .......a•e:ao.�aea�.o�i.ra:.:.� ..J:i •. :.e�.a. -
:. is :.rrCa.:.::�e.:::.:....>..e;J::
with applicable laws and this Charter.
Section 5.04 Zoning and Planning Commission: Powers and Duties
The Zoning and Planning Commiss_on shall:
and outside the eemorate limits of the City as authorized
�, D eeen* en a to /the Gounei l nr/ preNu or disapproval of proposed,
e angel in the I iii is Zoning 1 tr�t4l.l we and Vl f.Y ;
� 9
c-. 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]aanning
[c]ommissions under the —la�As of he State of applicable
law, this Charter or City ordinance.
Section 5.05 Zoning Board of Adjustment: Composition and Rules
There shall be a Zoning Board of Adjustment which shall consist of
five members and four alternates, unless otherwise required by state law All
members are appointed by the Council. ; the metVtbm and n� +o�rn n +AC „c ��n�� o
residents � Git , Abe n< "" Yr-o p", �. � Git . " "�' -ii' ienitim i'uld
altemates of the Roars c.Ml be appe4Aed by the Council for a term of :kw
years,
or until their sueeesse -s are appointed and qualified:- Vaea e es en he-
ORDINANCE CANVASSING ELECTION
RU
17
i
•C�oii ii�i� i :ice! +:isv :i al.�legi : :: i�+�.w���ii�Q!,�m
Section 5.06 Zoning Board of Adjustment: 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. 4h� e
!'iiLTii �STJ6G7 �9�i�
PROPOSED CHARTER AMENDMENT NO. 4
(MUMCIPAL COURT)
Amend Section 6.04 of the Chcnier° iz follows:
Section 6.04 Municipal Court
There is established and shall be njak#Aned a eetwt � or couFL-,
de4gnated the Municipal Court of the QLty of West Universi Place f„
4 is of mindomeaner o ffe es :,Ai s all o Ay4s and duties granted by 4 w �aw of
411141 VZ 1111JUV1ZlVUlZVl VZZ6+I
the State- efq-e- a . The Council shall provide for the number of judge, 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
jurisdictiom powers and duties prescribed by applicable law° this Charter or
City ordinance.
ab The Each [j]udge of-each 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 and - shall - hold -effic�eat the pleasure of o r,,�.
b: There shall also be a municipal [c]ourt [c]lerk and prosecuting
attorneys, all appointed by the Council. The Qedi �
deputy e!eFks hall h ,e the po i-Anr e administeF oaths, make
eeAifieates, affix the sea! of the court. and netform all aets�
and rionoc onrc> b the G-ouft (� of in fs ,;rip r, en r,A
eonduetin�,, business of dw-court,
4s1) v) vv4u4 vav11� u1 1JJUU1� j.nc7tic.�. .7- cu-ici
i
PROPOSED CHARTER AMENDMENT NO. 5
(BUDGETING)
Amend Section 7.03 of the Cha ler as follows:
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 not allow expenditures during the budget
period in excess of funds estimated to be on hand during the
_
same period.
be 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 cc_-isolidation. 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 bud(`get —y but sM not delete er
appro1it atio 1P (?d .- —'_a.PC]T _C_.P2'S 1il or for eGy�+i� algid eash
i'l ei��invi'* I i iori�11��1,Dlaw, ^r�Vdl icZhall .ZnVZot -J^'Gli�'F� on rip a eaditturre
KV1lVll.. Vl Vr Ui
of the total of estim^tnrl inwnw lus fimn g wmilahle from o
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._E'f. In accordance with state law and
"• —
bud et.
f. Lapse of Appropriations. Appropriations shall lapse at the close
of the fiscal year if not spent or encumbered.
J(lJ.
M
Repeal Sections
7.06(Emergency
Charter
7.04 (Budget is a Public Record, 7.05 (Transfer of Funds),
Appropriations) and 7.09 (Lapse of Appropriations) of the
MU silly I -.f-.Vd I lowl
Amend Section 8.01 of the Charter as follows:
Section 8.01 Pow °w In General.
as 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 properly with a situs in the City. The Council shall make all
necessary Drovisions and regulations for assessment. levv and collection of
taxes.
(b) The Ci!y Manager shall a=int a tax assessor-collector who shall
serve at the pleasure Qf the City Nlanage—r- The tax assessor-collector may al
• ! other wsitions.
r. Gouneil shal! by : 0 . _
—Assessments,
penalty and interest on delina
State :0
.. . .
one emend the ti
for- pa5qnePA of taxes; few�t, diseew:A-, or- ..
the City; ..
4 .
pe3Aw to appwve settlement of tax litigatie
Repeal Sections 8.02 (Right to Reconsideration), 8.03 (Tca Assessor = Collector),
8.04 (Board of Equalization), 8.05 (Property Subject to Tae), 8.06 (Assessment
Procedure), 8.07 (Taz Levy) al 8.08 (Payment of Taxes) of the Chcrter
PROPOSED CHARTER A MENDMENT NO. 7
(FRANCHISE ADOPTION, PUBLICATION, ETC.)
Amend Section 9.03 of the Charter as follows:
Section 9.03 PFoee we to Enaa Franchise Ordinances
ORDINANCE CANVASSING ELECTION
M
• - �aii•aai�.ya�.�i��:•iae•i ��,•�nia�•i•ii vie�ia:..air �ttiit : +iia�iiaa•i%
�•siw�i!serrrs�r•!•ia�i•a►i� ► ai'ar_ 1: •ianraiiaArMUir��
. •
i •
ati �ia�ie�. aaai��i�:. iaer�o�:• e��>t errn�it eei��•• ois�� .a:rrir_����rrir•i�..�iia:_a.
• . • . • IMM
i•i
•
•
i i• 0.
WHEREAS, in accordance with the terms and provisions of the Texas Election
Code, the judges of said election have recorded, signed and delivered the returns of
said election, together with the poll lists and tally lists, to the Mayor and City Council,
and have filed same with the City Secretary; and
WHEREAS, the Mayor and City Council Members, duly assembled on this
date, have opened and examined said election returns and, in accordance with the City
Charter and the laws of the State of Texas, wish to pass an ordinance canvassing said
returns and declaring the results of said election;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Section 1. The City Council hereby officially finds, determines and
declares that:
(a) At a regular meeting of the City Council held June 27,
1994, the City Council passed an ordinance calling the aforesaid charter
election, appointing all requisite election officials and designating polling
places ( "Ordinance No. 1482 ");
(b) Notice of the June 27, 1994 meeting was posted at City
Hall at a place convenient and readily accessible to the general public at all
-----------------------------------------------------------------
ORDINANCE CANVASSING ELECTION 21
times for at least 72 hours preceding the scheduled time of such meeting and
such meeting was open to the public at all times during which Ordinance No.
1482 and the subject matter thereof was discussed, considered and acted upon,
all in compliance with the Texas Open Meetings Act, Articles as amended;
(c) Notice of the aforesaid charter election was given by
posting a notice containing a substantial copy of Ordinance No. 1482 in
English and in Spanish at City Hall and in each of the four election precincts,
which were each found to be public places in the City, not less than fourteen
(14) days prior to the date on which the election was held, and same was
likewise published on Wednesday, July 27, 1994 and Wednesday, August 3,
1994, in English and in Spanish in a newspaper published in Harris County,
Texas, of general circulation in the City;
(d) The ballots for the charter election were provided in
English and Spanish in accordance with law;
(e) Early voting and voting on the date of the election were
carried out in accordance with the Texas Election Code and the provisions of
Ordinance No. 1482; and
(f) All appointed election officials were duly qualified to
serve and all carried out their duties in accordance with law.
Section 2. The City Council, pursuant to an official canvass of the
returns of said election, hereby declares the results of the voting on each of the
eight amendments, which are set forth in full in the preamble to this ordinance,
to be as described in Exhibit "A ", a copy of which is attached to this
ordinance.
Section 3. (a) Amendments Which Are Adopted. The City Council
hereby finds and declares that: (i) more than a majority of the duly qualified
voters voting at said election have voted in favor of five of the proposed
amendments (which are referred to by number and title as set out in the
preamble of this ordinance), as follows:
Proposed Charter Amendment No. 3 (Zoning & Planning)
Proposed Charter Amendment No. 4 (Municipal Court)
Proposed Charter Amendment No. 5 (Budgeting)
Proposed Charter Amendment No. 6 (Tax Administration)
Proposed Charter Amendment No. 7 (Franchise Adoption, Publication,
Etc.);
22
(ii) each of said five proposed amendments has been adopted; and (iii) the
Charter of the City is amended as provided in such five amendments, which are
set forth in full in the preamble of this Ordinance.
(b) Amendments Which Failed. The City Council hereby further finds
and declares that: (i) a majority of the qualified voters voting at said election
did not vote in favor of three of the proposed amendments (which are referred
to by number and title as set out in the preamble of this ordinance), as follows:
Proposed Charter Amendment No. 1 -A (Elections)
Proposed Charter Amendment No. 1 -B (Elections)
Proposed Charter Amendment No. 2 (Council and City Manager
Responsibilities);
(ii) said three proposed charter amendments were not adopted (they have
failed); and (iii) the Charter of the City of West University Place is not
amended as provided in said three proposed failed amendments.
(c) Official Act and Order This ordinance shall constitute the official
act of the City Council in examining, counting and declaring the results of the
charter amendment election of August 13, 1994, and it shall further constitute
the order of the City Council required by Section 9.005 of the Texas Local
Government Code.
Section 4. 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 Texas 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 5. The public importance of this measure and the
requirement of the law create an emergency and an urgent public necessity
requiring that this ordinance be passed and take effect as an emergency
measure, and a state of emergency is hereby declared, and this ordinance is
accordingly passed as an emergency measure and shall take effect and be in
force immediately from and after its passage and signature.
no
23
i
mm
PASSED AND APPROVED the 15th day of August; 1994.
Voting Aye:
Voting Nay:
Absent:
ATTEST:
d►t� '.�
.A:
Bill Watson
Mayor
APPR VED TO FORM:
James L. Dougherty, Jr.
City Attorney
ORDINANCE CANVASSING ELECTION 24
CITY OF W V qT UNIVERSITY PLACE, TEXAS
SPECIAL ON
AUGUST 13, 1994
OFFICIAL TABULATION OF RETURNS
FOR THE PURPOSE OF SUBMITTING PROPOSED CHARTER AMENDMENTS TO QUALIFIED VOTERS
PROPOSITION
PRECINCT 183
PRECINCT 183 PRECINCT 133 PRECINCT 133 PRECINCT 87 PRECINCT 87 PRECINCT 15 I
EARLY VOTING EARLY VOTING EARLY VOTING E
IA
FOR
38
2 14 2 2946
AGAINST
11911
6
1B
FOR
A GAINST
119
E 5 �
86 0 07 3 1
2
FR
72
621 4 89,
AGAINST
92
2 67 0 90 0 97
3
FOR
AGAINST
152 11
1
147 E
46 0 44 0
4
FOR
104
AGAINST
5511
111 44 1 oil 46 0 47
5
AGAINST
146
8
144 135 E
45 0 0
6
117
8 411 991 149
AOGAINST
47 0 44 E
7
FOR
AGAINST
151
0 51 i 0 0 0 144 E
BALLOTSVOTED - SUBTOTALS 166 91 U ® 1 C
TOTAL BALLOTS
VOTED PER PRECINCT 175 [�- 123 1bL
TOTAL REGISTERED VOTERS 2,263 2,197 2,516 2,858
G./�n1QiT MAat