HomeMy WebLinkAboutResolution No. 2007-09 RESOLUTION NO. R2007-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, PROVIDING FOR THE HOLDING OF A
SPECIAL ELECTION ON THE 12TH DAY OF MAY, 2007, FOR THE
PURPOSE OF SUBNIITTING TO THE QUALIFIED VOTERS OF THE
CITY CERTAIN PROPOSED AMENDMENTS TO THE EXISTING
CHARTER OF THE CITY; STATING THE PROPOSED AMENDMENTS
TO THE CITY CHARTER TO BE VOTED UPON AT SAID ELECTION;
DESIGNATING THE POLLING PLACES AND APPOINTING ELECTION
OFFICIALS FOR SUCH ELECTIONS; PROVIDING THE FORM OF THE
BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE
OF SUCH ELECTION; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
* * * * *
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section l. Special Election; Charter Amendments. It is hereby ordered that a
Special Election be held in the City of Friendswood, Texas, on the 12th day of May 2007, at which
election there shall be submitted to the resident qualified voters of said City,for their action thereon,
propositions for certain proposed amendments to the existing Charter of the City of Friendswood.
Such proposed amendments are as follows:
PROPOSED AMENDMENT NO. 1
Section 1.02 of Article I of the Charter of the City of Friendswood, Texas, shall hereafter
provide as follows:
"Sec. 1.02. Form of Government.
The municipal government provided by this Charter shall be known as the
"Council-Manager Government." Pursuant to its provisions and subject only to
the limitations imposed by the State constitution,the statutes of this State, and this
Charter, all powers of the City shall be vested in an elective council, hereinafter
referred to as the "City Council." The City Council shall enact local legislation,
adopt budgets, determine policies and appoint the City Manager, who in turn shall
be held responsible to the City Council for the execution of the laws and the
administration of the government of the City. All powers of the City shall be
exercised in the manner prescribed by this Charter, or if the manner be not
prescribed, then in such manner as may be prescribed by ordinance, the State
constitution or the statutes of the State.
PROPOSED AMENDMENT NO. 2
Article I of the Charter of the City of Friendswood, Texas, shall have added thereto a new
Section 1.04 to provide as follows:
Sec. 1.04. Glossary of Terms.
For the purposes of this Charter, the following words or terms shall have
the meanings ascribed thereto, except when the context clearly indicates
otherwise:
City shall mean the City of Friendswood, Texas, a home rule municipal
corporation located in Galveston and Harris Counties, Texas.
City Council shall mean the governing body of the City, which includes
the mayor and each individual council member. When used in this Charter, the
term "Council" shall also mean the City Council.
City Manager shall mean the person appointed by the City Council
pursuant to this Charter as the City Manager. When used in this Charter, the term
"Manager" shall also mean the City Manager.
Department Head shall mean the individual appointed by the City
Manager or City Council, as appropriate, as the manager for a particular
department of the City. The term "director," as used in this Charter, is
synonymous with the term Department Head.
Officer shall mean an individual holding an appointive or elective City
office who, individually or in concert with others, acts on behalf of and as an
agent of the City, and whose duties are discretionary rather than advisory. Boards
and commissions exercising discretionary authority shall be designated as such by
City Council.
PROPOSED AMENDMENT NO. 3
Section 2.01 of Article II of the Charter of the City of Friendswood, Texas, shall hereafter
provide as follows:
"Sec. 2.01. Except as otherwise specifically provided in this Charter, the City
shall have all powers possible for a home rule city to have under the Constitution
and laws of the State of Texas as fully and completely as though they were
expressly enumerated in this Charter.
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PROPOSED AMENDMENT NO. 4
Section 2.03 of Article II of the Charter of the City of Friendswood, Texas, shall hereafter
provide as follows:
Sec. 2.03. Eminent domain.
�a,� General power. Except as limited by Subsections (b) and (c)
below, the City shall have the full right, power, and authority to exercise the
power of eminent domain when necessary or desirable to carry out any of the
powers conferred upon it by this Charter, or by the Constitution or laws of the
State of Texas. The City may also exercise the power of eminent domain in any
other manner authorized or permitted by the Constitution and laws of this state, or
in the manner and form that shall be provided by ordinance of the City Council of
the City. The power of eminent domain hereby conferred shall include the right
of the City to take the fee in the lands so condemned and such power and
authority shall include the right to condemn public property for such purposes.
The City shall have and possess this power for condemnation for any municipal or
public purpose, even though not specifically enumerated herein or in this Article.
(b) Notwithstanding Subsection (a) above or any other provision of
this Charter to the contrary, neither the City, nor any subdivision of ar entity
created by the City, shall be authorized to use the power of eminent domain for
the purpose of taking private property to be used for economic development
purposes without the consent of the owner of such private property. Provided
further, private property acquired through eminent domain without the consent of
the owner shall not be (1) dedicated, sold, leased in substantial part, or otherwise
transferred to a private person, partnership, corporation, or any other entity for a
period of ten (10) years following the acquisition of the property by the City,
except that property may be transferred or leased (a) to private entities that are
public utilities or common carriers and (b) to private entities that occupy an
incidental area in a public project, or (2) used for any purpose other than as a
public use facility. For the purposes of this Subsection, a "public use facility"
shall mean a facility designed, constructed and maintained to serve members of
the general public including, but not limited to, public streets, drainage ways,
utilities, parks, libraries, public safety buildings for police and fire protection, city
halls, and other similar public uses.
(c) For the purposes of this subsection, the term "economic
development" shall mean any activity designed to increase tax revenue, tax base,
employment, or general economic health, but does not include activities that
result in (1) the transfer of land to public ownership for public purposes, such as
for roads, hospitals, or water or sanitary sewer facilities or, (2) the transfer of land
to a private entity that is a common carrier or public utility.
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PROPOSED AMENDMENT NO. 5
The first two paragraphs of Section 3.01 of Article III of the Charter of the City of
Friendswood, Texas, shall hereafter provide as follows:
Sec. 3.01. Number, selection,term, and term limitations.
"The City Council shall be comprised of a Mayor and six
Councilmembers. The Mayor and each Councilmember shall be elected from the
City at large, and each shall occupy a position on the City Council.
Councilmember positions shall be numbered 1 through 6 consecutively.
The Mayor and each Councilmember shall be elected to serve for three-
year terms as provided below, but no person shall be elected to serve in the
capacity of Mayor or Councilmember for mare than four three-year terms."
PROPOSED AMENDMENT NO. 6
Section 3.05 of Article III of the Charter of the City of Friendswood, Texas, shall
hereafter provide as follows:
"Sec. 3.05. Mayor and mayor pro tem.
The Mayor shall be the official head of the City government. He/she shall
be the chair and shall preside at all meetings of the City Council, shall have an
equal vote with each Councilmember on every proposition before the City
Council, but shall have no power of veto. The Mayor shall see that all resolutions
of the City Council are faithfully obeyed and enforced. He/she shall, when
authorized by the City Council, sign all official documents such as ordinances,
resolutions, conveyances, grant agreements, official plats, contracts and bonds.
He/she shall appoint special committees as he/she deems advisable and as
instructed by City Council. He/she shall perform such other duties consistent with
this Charter or as may be authorized or directed by City Council.
The Mayor Pro Tem shall be a Councilmember elected by the City
Council at the first regular City Council meeting following the canvassing of
returns and declaring of results of each regular City election. The Mayor Pro Tem
shall act as Mayor during the disability or absence of the Mayor, and in this
capacity shall have the rights and duties conferred upon the Mayor.
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PROPOSED AMENDMENT NO. 7
Subsection (c) of Section 3.08 of Article III of the Charter of the City of Friendswood,
Texas, shall hereafter provide as follows:
Sec. 3.08. Prohibitions.
"(c) Interference with administration: Except for the purpose of
inquiries or investigations conducted under Section 3.16 of this Charter, neither
the City Council nor any of its individual members shall direct any City officer or
employee who is subject to the direction and supervision of the City Manager
except through the City Manager, and neither the City Council nor its members
shall give orders to any such officer or employee, either publicly or privately."
PROPOSED AMENDMENT NO. 8
Section 3.09 of Article III of the Charter of the City of Friendswood, Texas, shall
hereafter provide as follows:
Sec. 3.09. Meetings of the City Council.
The City Council shall hold at least one regular meeting each month.
Except during declared emergencies, all regular meetings of the City Council
shall be held within the corporate limits of the City. The City Council shall
establish, by resolution, the days and times of its regular meetings. The City
Council may hold special meetings as it deems necessary and appropriate, which
may be called by the Mayor or by four members of the City Council. In no event
shall any meeting of the City Council, regular or special, be held in any facility or
at any location which is not readily accessible to the general public.
PROPOSED AMENDMENT NO. 9
A new sentence shall be added to Section 3.10 of Article III of the Charter of the City of
Friendswood, Texas, to provide as follows:
Sec. 3.09. Rules of Procedure.
. . . "The Mayor and each Councilmember shall be entitled to an equal vote on all
matters before the City Council."
PROPOSED AMENDMENT NO. 10
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Section 3.17 of Article III of the Charter of the City of Friendswood, Texas, shall
hereafter provide as follows:
Sec. 3.17. Officers and employees protected from financial loss.
Duly elected and appointed officers, employees and volunteers of the City
shall be protected by the City from actual damages awarded against any such
officer, employee or volunteer if the damages result from an act or omission
committed while in the course and scope of their office, employment or service,
and they arise from a cause of action for negligence. The City shall not pay for
damages that result from willful or wrongful acts or omissions or from acts or
omissions constituting gross negligence.
PROPOSED AMENDMENT NO. 11
Subsection (c) of Section 4.06 of Article IV of the Charter of the City of Friendswood,
Texas, shall hereafter provide as follows:
Sec. 4.06. Personnel System.
(c) Prohibited acts:
(1) Discrimination. No person employed in the administrative service of the
City, or who seeks appointment thereto, shall be appointed, promoted,
reduced, removed, ar in any way favored or discriminated against because
of his/her race, color, national origin, age, disability, veteran or military
status, gender, political or religious opinion, or affiliation, or membership
or non-membership in employee organizations.
(2) Campaign Contributions by Salaried Officers or Employees. Except to
the extent authorized by state or federal law in conflict therewith, no
salaried officer or employee of the City shall make a contribution to the
campaign fund of any person holding or seeking election to a City office,
nor shall he/she be solicited for this purpose, but his/her right to express an
opinion or to cast a vote as a citizen shall not be limited. Provided further,
no person holding or seeking election to a City office shall accept a
contribution to such person's campaign fund from any salaried officer or
employee of the City.
(3) Paid Appointments. No person seeking appointment to or promotion in
the administrative service of the City shall either directly or indirectly
give, render, or pay any money, service, or other valuable thing to any
person for or on account of or in connection with his appointment or
promotion, or any examination conducted therefor.
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(4) Sanctions. Any person who shall individually or in concert with others
knowingly or recklessly violate any provision of this Subsection shall be
deemed ineligible to hold any appointive or elective office or employment
with the City for a period of four years following final determination of
such violation. Upon the final determination of any such violation, the
applicable officer or employee shall be immediately removed from the
office or position then held. For the purposes of this Subsection, a person
acts "knowingly" when, with respect to the nature of his conduct, he is
aware that his conduct is reasonably certain to cause the result. A person
acts "recklessly" if he consciously disregards a substantial or unjustifiable
risk that circumstances exist or will occur, and the risk is of such nature
and degree that a person of ordinary prudence and sensibilities under the
circumstances would have recognized it.
PROPOSED AMENDMENT NO. 12
Section 5.11 of Article V of the Charter of the City of Friendswood, Texas, shall
hereafter provide as follows:
Sec. 5.11. Limitation on recall.
No recall petition shall be filed against an elected official within six (6)
months of the beginning or the end of the term for which such official was
elected, and no elected official shall be subjected to more than one recall election
during a term of office.
PROPOSED AMENDMENT NO. 13
Section 6.01 of Article VI of the Charter of the City of Friendswood, Texas, shall
hereafter provide as follows:
Sec. 6.01. City elections.
General City elections shall be held annually on the May uniform election
date as set forth in the Texas Election Code. The City Council shall specify the
places for holding such elections. All City elections shall be held and conducted
in accordance with all state and federal laws applicable thereto.
PROPOSED AMENDMENT NO. 14
Paragraph (5) of Subsection (a) of Section 6.02 of Article VI of the Charter of the City of
Friendswood, Texas, shall hereafter provide as follows:
(5) If an incumbent seeks a different elected office or elected position of the
City other than that which he/she then holds, he/she shall submit a letter of
resignation to the City Council at least sixty (60) days prior to the date of
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election for such desired office or position. Unless otherwise prohibited
by operation of law or this Charter, such incumbent shall hold over in the
office or position subject to resignation until his/her successor qualifies
therefor, or until such incumbent qualifies for the different office or
position sought, whichever first occurs.
PROPOSED AMENDMENT NO. 15
Subsection (b) of Section 8.04 of Article VIII of the Charter of the City of Friendswood,
Texas, shall hereafter provide as follows:
Sec. 8.04. Amendments after adoption. ...
(b) Emergency appropriations: To meet public emergencies
created by natural disasters or manmade calamities that affect life,
health, property, or the public peace, the City Council may
authorize (i) the re-appropriation of revenues previously budgeted
for maintenance and operation expenses, (ii) the appropriation of
unanticipated revenues, andlor (iii) the appropriation of restricted
reserves. All such appropriations or re-appropriations shall be by
emergency ordinance in accordance with the provisions of this
Charter. If there are insufficient funds available for appropriation
or re-appropriation for such purposes, the City Council may by
emergency ordinance authorize the issuance of emergency notes,
which may be renewed from time to time.
Section 2. Ballot/Propositions. The ballot for the Special Election on said proposed
amendments to the Charter shall conform to the requirements of the TE�.s Et,ECT�oN CoDE, as
amended, and on such ballot shall appear propositions corresponding to each of the proposed
Charter amendments set forth above in Section 1, with the provision on such ballot permitting
voters to vote "For" or "Against" on each proposition without voting "For" or "Against" on all
propositions. Such propositions, numbered to correspond with the numbering of the proposed
amendments listed in Section 1 above, shall provide as follows:
PROPOSITION NO. 1
Shall Section 1.02 of Article I of the Charter of the City of Friendswood,
Texas, which describes the form of government of the City, be amended to
describe such form of government is a Council-Manager form of government?
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PROPOSITION NO. 2
Shall Article I of the Charter of the City of the City of Friendswood, Texas,
be amended by adding a new Section 1.04 to provide a glossary of terms?
PROPOSITION NO. 3
Shall Section 2.01 of Article II of the Charter of the City of Friendswood,
Texas, which describes the home rule powers adopted by the charter, be amended
to remove references to obsolete statutes and clarify such home rule powers in
general terms?
PROPOSITION NO. 4
Shall Section 2.03 of Article II of the Charter of the City of Friendswood,
Texas, which enumerates the City's power of eminent domain, be amended to
limit such power far economic development purposes?
PROPOSITION NO. 5
Shall Section 3.01 of Article III of the Charter of the City of Friendswood,
Texas, which establishes term limitations, be amended to provide that no person
may serve on City Council in any capacity for more than four three year terms?
PROPOSITION NO. 6
Shall Section 3.05 of Article III of the Charter of the City of Friendswood,
Texas, which establishes the powers and duties of the Mayor, be amended to
remove as a mayoral duty the enforcement of City ordinances and by-laws?
PROPOSITION NO. 7
Shall Subsection (c) of Section 3.08 of Article III of the Charter of the
City of Friendswood, Texas, which prohibits interference by individual members
of City Council in the administration of the City, be amended to clarify that
"interference"means giving direction to?
PROPOSITION NO. 8
Shall Section 3.09 of Article III of the Charter of the City of Friendswood,
Texas, which requires that the City Council hold at least two regular meetings
each month, be amended to require that only one regular meeting be held each
month?
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PROPOSITION NO. 9
Shall Section 3.10 of Article III of the Charter of the City of Friendswood,
Texas, which establishes rules of procedure for the conduct of City Council
meetings, be amended to clarify that the Mayor and each Councilmember is
entitled to an equal vote on all matters before the City Council?
PROPOSITION NO. 10
Shall Section 3.17 of Article III of the Charter of the City of Friendswood,
Texas, which provides for the protection of City officers and employees from
financial loss, be amended to limit such protection when the loss results from a
willful or wrongful act or omission or from gross negligence?
PROPOSITION NO. 11
Shall Subsection (c) of Section 4.06 of Article III of the Charter of the
City of Friendswood, Texas, which defines certain prohibited conduct by City
officers and employees, be amended to prohibit only paid officers and employees
from making contributions to the campaign funds of holders of elective City
offices and candidates for elective City offices, and by prohibiting the acceptance
of any such contributions by officer holders or candidates?
PROPOSITION NO. 12
Shall Section 5.11 of Article V of the Charter of the City of Friendswood,
Texas, which establishes limitations on recall election procedures for elected
officials of the City, be amended to provide that no recall petition may be filed
within six (6) months of the end of the term for which the applicable official was
elected?
PROPOSITION NO. 13
Shall Section 6.01 of Article VI of the Charter of the City of Friendswood,
Texas, which establishes the date of general City elections, be amended to provide
that such general elections be held on the May uniform election date as set forth
in the Texas Election Code?
PROPOSITION NO. 14
Shall Paragraph (5) of Subsection (a) of Section 6.02 of Article VI of the
Charter of the City of Friendswood, Texas, which requires the resignation of an
incumbent who seeks a different elected office of elected position than the one
held, be amended to clarify that such candidate would hold over in the resigned
position until his/her successor qualifies for such office, or until the incumbent
qualifies for the different office or position sought?
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PROPOSITION NO. 15
Shall Subsection (b) of Section 8.04 of Article VI of the Charter of the
City of Friendswood, Texas, which limits expenditures for emergencies during a
fiscal year to not more than ten percent (10%) of the fiscal year's budgeted
receipts, be amended by removing the ten percent (10%) limit and defining
conditions under which emergency expenditures may be made?
Section 3. Polling Places; Election Officials. Said election shall be held in each of
the election precincts within said City and the polling places and election officials for each of
said precincts shall be as follows:
Election Precinct Nos. 456, 457,
460,461,462,483,484,
and 485: Boundaries the same as those portions of Galveston County
Election Precinct 456, 457, 460, 461, 462, 483, 484, and 485,
lying within the City limits of the City of Friendswood.
Polling Place: Friendswood City Hall
910 South Friendswood Drive
Friendswood, Texas
Election Officers: Eileen Mehnert,Presiding Judge
Karen Van Auken, Alternate Judge
Election Precinct Nos. 378, 474,
and Part of Election Precinct
No. 655: Boundaries the same as those portions of Harris County
Election Precinct 378, 474, and part of Election Precinct No.
655, lying within the City limits of the City of Friendswood.
Pollin Pg lace: Wedgewood Elementary
4000 Friendswood Lind Road
Friendswood, Texas
Election Officers: Barbara Trahan, Presiding Judge
Lillian Hillmon,Alternate Judge
Central Countin� Station:
Presiding Judge: R. J. Blanken
Manager: Deloris McKenzie
Tabulation Supervisor: Melinda Welsh
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Clerks: Sharon Parks
Ashley Turvey
Michelle Perez
The City Secretary is hereby authorized and directed to provide a copy of this Resolution
to each judge as written notice of his or her appointment, as required by Section 32.009 of the
TEXAS ELECTION CODE.
Each Presiding Judge shall have the authority to appoint qualified voters as clerks to
assist in the holding of said election, but in no event shall the Presiding Judge appoint less than
two (2) clerks.
Section 4. Early Voting. Ms. Deloris McKenzie, City Secretary, is hereby appointed
clerk for early voting; appointments by the City Secretary of deputy clerks for early voting shall
be in accordance with Section 83.031 et seq., of the TE�s ELECT�oN CoDE and the
City Hall
910 South Friendswood Drive
Friendswood, Texas 77546
is hereby designated as the place for early voting for said election. Other than official state or
federal holidays, and except as provided below, said clerks shall keep said office open for early
voting for at least ten (10) hours, that is, from seven-thirty o'clock (7:30) a.m. until five-thirty
o'clock (5:30) p.m., on each Monday through Friday, beginning on the twelfth (12th) day and
continuing through the fourth (4th) day preceding the date of said election. Provided, however,
said clerks shall keep said office open for extended early voting on Friday, May 4, 2007, for at
least twelve (12) hours, that is from seven o'clock (7:00) a.m. until seven o'clock (7:00) p.m., on
Monday, May 7, 2007, for at least ten (10) hours, that is from seven-thirty o'clock (7:30) a.m.
until five-thirty (5:30) p.m., and on Tuesday, May 8, 2007, for at least twelve (12) hours, that is
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from seven o'clock (7:00) a.m. until seven o'clock (7:00) p.m. Said clerks shall not permit
anyone to vote early by personal appearance on any day that is not a regular working day for the
clerk's office, and under no circumstances shall they permit anyone to vote early by personal
appearance at any time when such office is not open to the public. The above-described place
for early voting is also the early voting clerk's mailing address to which ballot applications and
ballots voted by mail may be sent. The early voting clerk, in accordance with the provisions of
the TE�,s ELEC`r1oN Co�E, shall maintain a roster listing each person who votes early by
personal appearance and each person to whom an early voting ballot to be voted by mail is sent.
The roster shall be maintained in a form approved by the Secretary of State.
Section 5. Eileen Mehnert is hereby appointed as Presiding Judge of the Early Voting
Ballot Board. In accordance with Section 87.001 et seq., of the TE�s ELECTroN CoDE, said
presiding judge shall appoint at least two (2) other members to said Board, and shall process
early voting results in accordance with said TExAS ELECTioN CoDE.
Section 6. Said election shall be held in accordance with the Constitution and laws of
the State of Texas, and all duly qualified resident electors of the City of Friendswood, Texas,
shall be entitled to vote.
Section 7. Except as provided below, the voting at such election shall be by optical
scan paper ballot. Early voting by personal appearance at such election shall be by optical scan
paper ballot; early voting by methods other than by personal appearance shall be by optical scan
paper ballot. In addition, Direct Recording Electronic (DRE) voting machines shall be available
for early voting and for voting on election day. All expenditures necessary for the conduct of
said election and the purchase or rental of materials or equipment therefor is hereby authorized.
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Section 8. Notice of the election ordered hereby shall be given in accordance with the
provisions of the TExAS ELECT�oN CoDE and returns of such notice shall be made as provided for
in said Code. The Mayor shall issue all necessary orders and writs for such election, and returns
of same shall be made to the City Secretary immediately after the closing of the polls.
Section 9. Said election shall be held in accordance with the TE�s ELECT�oN CoDE
and the Federal Voting Rights Act of 1965, as amended.
PASSED,APPROVED,AND RESOLVED this Sth day of March 2007.
�
' J. H. Smith
Mayor
ATTEST
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De oris McKenzie, T C o �
City Secretary DO �l
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