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HomeMy WebLinkAboutOrdinance No. 2024-03ORDINANCE NO.2024-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, ORDERING THE GENERAL ELECTION TO BE HELD ON THE 4T" DAY OF MAY, 2024, FOR THE PURPOSE OF ELECTING THE MAYOR AND TWO COUNCILMEMBERS FOR POSITIONS ONE (1) AND THREE (3); ORDERING A SPECIAL ELECTION TO BE HELD ON THE 4TH DAY OF MAY, 2024, FOR THE PURPOSE OF REAUTHORIZING THE LOCAL SALES AND USE TAX IN THE CITY OF FRIENDSWOOD AT THE RATE OF THREE -EIGHTHS OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; MAKING OTHER PROVISIONS RELATED TO SUCH ELECTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Friendswood City Council deems that, in accordance with the laws of the State of Texas, a general election should occur on May 4, 2024, for the purpose of electing a Mayor, a Councilmember to Position No. One (1) and a Councilmember to Position No. three (3); and WHEREAS, the Friendswood City Council deems that, in accordance with the laws of the State of Texas, a special election should occur on May 4, 2024, for the purpose of reauthorizing the local sales and use tax in the City of Friendswood at the rate of three -eighths of one percent to continue providing revenue for maintenance and repair of municipal streets; and WHEREAS, the Friendswood City Council wishes to proceed with the ordering of such elections and the City Council has determined that holding such elections is in the public interest; and WHEREAS, the laws of the State of Texas further provide that the Texas Election Code ("Code") is applicable to all general and special municipal elections; and, in order to comply with the Code, an ordinance should be passed establishing the procedures to be followed for the general and special elections to be held on May 4, 2024; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. General Election. In accordance with the Charter of the City of Friendswood and the laws and the Constitution of the State of Texas, a general election is hereby ordered to be held in and throughout the City of Friendswood on May 4, 2024, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m., at which general election all qualified voters of the City of Friendswood, Texas (the "City") may vote for the purpose of electing the following officials of the City: Mayor, Councilmember, Position No. 1; and Councilmember, Position No. 3. Section 2. Placement on Official Ballot. That any eligible and qualified person may have his/her name printed upon the official ballot as an independent candidate for the office of Mayor or Councilmember by filing a sworn application with the City Secretary of the City of Friendswood no later than 5:00 p.m., February 16, 2024. The form of the sworn application for the candidates for the office of Mayor or Councilmember shall be as set forth by Section 141.031 of the Texas Election Code. Section 3. Candidate Qualifications. That the qualifications of the Mayor and Councilmembers are as follows: ➢ shall be a citizen of the United States of America; ➢ shall be a qualified voter of the State of Texas and the City of Friendswood; ➢ shall have resided for at least twelve (12) months preceding the election within Mayor the corporate limits of the City of Friendswood, including territory annexed prior and to the filing deadline; Councilmember ➢ shall be at least 21 years of age; ➢ shall meet the requirements for sponsors stipulated in the Charter; and ➢ shall meet such other requirements as set forth in Chapter 141 of the Texas Election Code and in the Charter of the City of Friendswood, Texas. Section 4. Ballot for General Election. That the form of the ballot for said general election shall be substantially as follows: OFFICIAL BALLOT Vote for the candidate of your choice in each race by placing an or filling in the shape beside the candidate's name. MAYOR COUNCILMEMBER POSITION NO. 1 COUNCILMEMBER POSITION NO. 3 Section 5. Placement on/Removal from Ballot. That any person eligible for the office of Mayor or City Councilmember who has filed his/her own sworn application in accordance with the provisions of this ordinance shall have his/her name printed on the official ballot. On or before February 22, 2024, any such person may cause his/her name to be withdrawn by filing, in writing, with the City Secretary, a request to that effect over his/her own signature, duly attested to by a Notary Public. No names so withdrawn shall be printed on the ballot. Section 6. Determination of Ballots for General Election. The candidates receiving a majority of votes for the position to be filled at such election shall be declared elected. Section 7. Special Election. In accordance with the Charter of the City of Friendswood and the laws and the Constitution of the State of Texas, a special municipal election of the City of Friendswood, pursuant to Sections 41.001 and 41.031 of the Texas Election Code, shall be held between the hours of seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on the 4' day of May, 2024, in the City of Friendswood, Texas, for the purpose of voting for or against the following proposition: CITY OF FRIENDSWOOD PROPOSITION A THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF FRIENDSWOOD AT THE RATE OF THREE -EIGHTHS OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS. THE TAX EXPIRES ON THE FOURTH ANNIVERSARY OF THE DATE OF THIS ELECTION UNLESS THE IMPOSITION OF THE TAX IS REAUTHORIZED. Section 8. Determination of Ballots for Special Election. if the proposition specified in Section 7 hereof is approved by a majority of the qualified voters voting thereon, the local sales and use tax for maintenance and repair of municipal streets shall be reauthorized. Section 9. Ballot for Special Election. That the form of the ballot for this special election shall be substantially as follows: OFFICIAL BALLOT CITY OF FRIENDSWOOD PROPOSITION A THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF FRIENDSWOOD [] FOR AT THE RATE OF THREE -EIGHTHS OF ONE PERCENT TO CONTINUE PROVIDING REVENUE [] AGAINST FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS. THE TAX EXPIRES ON THE FOURTH ANNIVERSARY OF THE DATE OF THIS ELECTION UNLESS THE IMPOSITION OF THE TAX IS REAUTHORIZED. Section 10. Election Services. That the general election called in Section I hereof and the special election called in Section 7 hereof shall be held pursuant to an election services agreement to be entered into with Galveston County. Section 11. Polling Locations. That the City shall use the polling places along with election officials for the general and special elections ordered in Sections 1 and 7 hereof as designated by Galveston County as further described in Sections 13 and 14 hereinbelow. Section 12. Voting Equipment. Hart InterCivic Verity equipment shall be used for voting at the designated election precincts, and electronic counting devices and equipment shall be used for counting the ballots at the general and special elections. Section 13. Early Voting. Each qualified voter who desires to cast an early vote shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code. Early voting will be conducted by the Early Voting Clerks at the places designated by Galveston County. The location of the main and branch early voting polling places for the City's general and special elections shall be selected by Galveston County, and may include the following locations within the City of Friendswood: Galveston County Justice Center 600 59`h St., 1" Floor Break Room Galveston, TX 77551 First Baptist Friendswood Room 56 202 Heritage Dr. Friendswood, TX 77546 Village on the Park Town Hall 400 E. Parkwood Friendswood, TX 77546 Hart InterCivic Verity equipment shall be used for early voting by personal appearance. Early voting by personal appearance shall commence on April 22, 2024, and end on April 30, 2024, in accordance with the following schedule: Monday — Friday, 04/22 — 04/26, 8:00 a.m. — 5:00 p.m. Monday — Tuesday, 04/29 — 04/30, 7:00 a.m. — 7:00 p.m. Hart InterCivic Verity equipment shall be used for early voting by mail in Galveston County. Applications for ballots to be voted by mail should be mailed as follows: By Regular Nlail By Fax") By ATTN: Ballots by Mail Galveston County Courthouse c/o Dwight Sullivan Dwight D. Sullivan Galveston County Clerk (409) 765-3249 Galveston County Clerk P. O. Box 17253 Elections Division Galveston, TX 77552-7253 600 591h St., 2"d Floor, Suite 2001 Galveston, TX 77551 By email(`): absenteeballota lications(&co. alveston.tx.us Phone No.: 409-770-5108 1 Website: ht :// alvestonvotes.or ") If an application is sent to the early voting clerk by fax or email, the original application must still be mailed to the address shown above for Regular Mail, and received by the early voting clerk no later than the 0 business day after receiving the emailed or faxed ABBM or faxed FPCA. The last day to submit an application for a ballot to the Early Voting Clerk to be voted by mail is April 23, 2024 (received, not postmarked). Section 14. Election Day Voting. The election day voting by personal appearance will take place on Saturday, May 4, 2024, from 7:00 a.m. to 7:00 p.m. at the polling places selected by Galveston County, which may include the following polling places within the City of Friendswood: First Baptist Friendswood Room 56 202 Heritage Dr. Friendswood, TX 77546 Village on the Park Town Hall 400 E. Parkwood Friendswood. TX 77546 Voters may choose to vote at any designated voting center in Galveston County. Section 15. Central Counting Stations. The Central Counting Stations to receive and tabulate voted ballots shall be at the locations designated by Galveston County. Section 16. Election Notice. The general and special elections shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In the general and special elections, the Mayor and the City Secretary of the City of Friendswood shall do and perform each act as required to 4 be done and performed respectively by the County Judge and the County Clerk of the Commissioners' Court. The notice of the general and special elections shall be given by posting a substantial copy of this election ordinance at City Hall not later than the 211 day prior to the date set for the election; and a substantial copy of this election ordinance also shall be published at least once in a newspaper of general circulation published in the City, the date of the publication to be not more than 30 days and not less than 10 days prior to the date set for the general and special elections. Notice of the general and special elections shall also be provided to the Galveston County Clerk not later than the 601 day before the date of the election ordered herein. Section 17. Further Action. The City Secretary is further authorized to give or cause to be given notices required for the general and special elections, and to take such other and further action as is required to conduct such election in compliance with the Texas Election Code. Section 18. Compliance with Law. In all matters relating to the ordering, giving notice, and holding the general and special elections, the City shall comply with the applicable parts of the Texas Election Code, including Chapter 272 of the Texas Election Code pertaining to bilingual requirements, and the Federal Voting Rights Act of 1965, as amended. Section 19. Effective Date. This ordinance shall take effect immediately from and after its passage by the City Council of the City of Friendswood, Texas. PASSED, APPROVED and ADOPTED by the affirmative vote of the Council of the City of Friendswood on this the 81 day of January, 2024. Iy STEVE ROCKEY, Mayor Pro TeiA A ST: L TICIA BRYSCH, Ci ecretary APPROVED AS TO FORM: HACity Council\Ordinances\2024\01-08-2024\Ordinance - Calling General and Special Elections.dom