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HomeMy WebLinkAboutResolution No. 80-06 RESOLUTION NO. M a ,U A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD ON THE 5TH DAY OF APRIL, 1980, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF FRIENDSWOOD, TEXAS , CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY; OFFICIALLY DECLARING EACH AND ALL OF THE SIX AMENDMENTS TO THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS VOTING IN SUCH CHARTER AMENDMENT ELECTION IN THE CITY ON APRIL 5 , 1980, ADOPTED; AUTHORIZING AND DIRECTING THE MAYOR TO CERTIFY TO THE SECRETARY OF STATE AN AUTHENTICATED COPY OF SUCH CHARTER AMENDMENTS; AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO RE- CORD SUCH CHARTER AMENDMENTS UPON THE RECORDS OF THE CITY. WHEREAS, there was held in the City of Friendswood, Texas , on the 5th day of April , 1980 , an election for the purpose of submitting to the qualified voters of the City of Friendswood, six proposed amendments to the existing Charter of the City; and WHEREAS, said election was duly and legally held in con- formity with the election laws of the State of Texas , and the results of said election have been certified and returned by the proper judges and clerks thereof; and WHEREAS , there were cast at said election 2 ,233 votes , of which number there were cast PROPOSITION NO. 1 FOR THE PROPOSED AMENDMENT OF SECTION 3 . 09 OF ARTICLE III OF THE CHARTER 1290 votes AGAINST THE PROPOSED AMENDMENT OF SECTION 3 . 09 OF ARTICLE III OF THE CHARTER 248 votes MAJORITY FOR THE PROPOSED AMENDMENT OF SECTION 3 . 09 OF ARTICLE III OF THE CHARTER 1042 votes PROPOSITION NO. 2 FOR THE PROPOSED AMENDMENT OF SECTION 3. 10 OF ARTICLE III OF THE CHARTER 1382 votes AGAINST THE PROPOSED AMENDMENT OF SECTION 3 . 10 OF ARTILCE III OF THE CHARTER 357 votes MAJORITY FOR THE PROPOSED AMENDMENT OF SECTION 3 . 10 OF ARTICLE III OF THE CHARTER 1025 votes A PROPOSITION NO. 3 FOR THE PROPOSED AMENDMENT OF THE 3RD PARAGRAPH OF SUBSECTION B OF SECTION 3 . 11 OF ARTICLE III. OF THE CHARTER 1380 votes AGAINST THE PROPOSED AMENDMENT : OF THE 3RD PARAGRAPH OF SUBSECTION B OF SECTION 3. 11 OF ARTICLE III OF THE CHARTER 311 votes MAJORITY FOR THE PROPOSED AMENDMENT OF THE 3RD PARAGRAPH OF SUBSECTION B OF SECTION 3. 11 OF ARTICLE III OF THE CHARTER 1069 votes PROPOSITION NO. 4 FOR THE PROPOSED AMENDMENT OF SUBSECTION E OF SECTION 4. 01 OF ARTICLE IV OF THE CHARTER 1342 votes AGAINST THE PROPOSED AMENDMENT OF SUBSECTION E OF SECTION 4. 01 OF ARTICLE IV OF THE CHARTER 334 votes MAJORITY FOR THE PROPOSED AMENDMENT OF SUBSECTION E OF SECTION 4. 01 OF ARTICLE IV OF THE CHARTER 1008 votes PROPOSITION NO. 5 FOR THE PROPOSED AMENDMENT OF SECTION 5 . 05 OF ARTICLE V OF THE CHARTER 1179 votes AGAINST THE PROPOSED AMENDMENT OF SECTION 5 . 05 OF ARTICLE V OF THE CHARTER 420 votes MAJORITY FOR THE PROPOSED AMENDMENT OF SECTION 5 . 05 OF ARTICLE V OF THE CHARTER 759 votes PROPOSITION NO. 6 FOR THE PROPOSED AMENDMENT OF SECTION 9 . 03 OF ARTICLE IX OF THE CHARTER 1394 votes AGAINST THE PROPOSED AMENDMENT OF SECTION 9 . 03 OF ARTICLE IX OF THE CHARTER 267 votes MAJORITY FOR THE PROPOSED AMENDMENT OF SECTION 9. 03 OF ARTICLE IX OF THE CHARTER 1127 votes ; -2- WHEREAS, it appears to the Council , and the Council finds , that the City Secretary has tabulated the results of said election and certified such tabulation to the Council , and that such tabulation is correct ; and WHEREAS, pursuant to the provisions of Chapter 77, page 146, Acts of the 63rd Legislature, Regular Session, 1973 , compiled as Article 1170, Vernon' s Texas Civil Statutes , the City Council desires to formally order the adopting of each and all of said amendments ; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS : Section 1. The facts and matters set forth in the preamble of this resolution are hereby found to be true and correct . Section 2 . The election held in the City of Friendswood, Texas , on April 5 , 1980, which is more fully described in the preamble of this resolution, was called and notice thereof was given in accordance with law. Only qualified, resident electors of the City voted in the election; returns of the election have been lawfully made by the proper officials ; the election has resulted favorably to the adoption of the pro- posed amendments to the home rule Charter of the City; and more than a majority of the qualified voters voting at the election have voted in favor of each of the propositions sub- mitted at such election. Section 3 . Each of such six amendments approved at the election on April 5 , 1980, is set forth in full in City of Friendswood Resolution No . R3-80, passed and approved on February 11, 1980, calling said election, to which resolution reference is hereby made for all purposes . Said approved six amendments to the Charter of such City are as follows : -3- <OPOSEI) :d;ENDNENT NO . 1 Section 3 . 09 of Article III of the Charter of the-.City:of Friendswood, Texas , shall hereafter provide as follows : "Section 3 . 09 - Meetings of Council J 7. "The Council shall hold at least two regular meetings each month and as many additional meetings as it deems necessary to transact the business of the City and its_citizens. The Council shall fix, by resolution , the days and times of the regular meetings . All meetings of the .Council shall be held at the City Hall of the City of Friendswood; and all meetings shall be open to the public ; however , the Council may recess into executive session pursuant to Article 6252-17 , as amended, Texas Revised Civil Statutes . Special meetings of the Council shall be held on the call of the Mayor or of four (4) or more Council members . " PROPOSED AMENDMENT NO. 2 Section 3 . 10 of Article III of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 3 . 10 - Rules of Procedure "The Council shall , by resolution, detelmi.ne its own rules and order of business and the rules shall provide that citizens of the City shall have a reasonable opportunity to be heard at any meeting in regard to any matter under con- sideration. The Council shall provide for minutes being taken and recorded of all meetings , and such minutes shall be a public record. Voting, except on procedural motions , shall be by roll call and the ayes and nays shall be re- corded in the minutes . Four Council members shall consti- tute a quorum for the purpose of transaction of business and no action of the Council , except as provided in Sec- tion 3 . 06 above , shall be valid or binding unless adopted by the affirmative vote of four or more members of the Council. " PROPOSED AI•ENDMENT NO. 3 The third paragraphiof subsection B of Section 3 . 11 of Article III of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 3 . 11 Ordinances in General "B. . . "A proposed ordinance (except an emergency ordinance; budget/tax ordinance ; ordinance relative to street develop- ment and improvement ; and ordinances relative to borrowing for capital improvements) shall be read at three regular Council meetings , with at least two weeks elapsing between each reading. A proposed ordinance may be amended on first and second reading; however , if an amendment is made to the ordinance at the time designated for third reading, then the third and final reading shall be postponed until the next regular Council meeting. The procedure for the adoption of an emergency ordinance shall be in accordance with Section 3 . 12 hereof; the procedure for the adoption of budget/tax ordinances shall be in accordance with Section 8 . 03 hereof; the procedure for the adoption of ordinances relative to street development and improvement shall be in accordance with Section 2 . 05 hereof ; and the procedure for the adoption of ordinances relative to borrowing for capital improvements shall be in accordance with Section 8 . 05 hereof . " -4- PROPOSED AMENDMENT NO. 4 Subsection E of Section 4 . 01 of Article IV of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 4. 01 City Manager "E. Acting City Manager: The City Manager shall desig- nate, by letter filed-with the City Secretary, a qualified administrative officer of the City to perfoLi the duties of City Manager in his absence or disability. No member of the City Council shall serve as Acting City Manager. " PROPOSED AMENDMENT NO. 5 To delete Section 5 . 05 of Article V of the Charter of the City of Friendswood, Texas , which currently provides as follows : "Section 5 . 05 Referendum Petitions ; Suspension of Effect of Ordinance "When a referendum petition is filed with the City Sec- tary, the ordinance sought to be reconsidered shall be sus- ` pended from taking effect . Such suspension shall terminate when: "A. there is a final determination of insufficiency of the petition, or "B. the petitioner' s committee withdraws the petition, or "C. the council repeals the ordinance , or "D. the vote of the -people in a referendum election deter- mines whether the ordinance sought to be repealed is repealed or is sustained and the election results are certified by the election officials . "All action previously taken under such ordinance or resolution shall be suspended and its legality or validity determined by the final disposition of the referendum peti- tion. " PROPOSED AMENDMENT NO. 6 Section 9 . 03 of Article IX of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 9 . 03 Ordinance Granting Franchise "Every ordinance granting, renewing, extending or amending a public utility franchise shall be read at three (3) regular meetings of the Council. Within seven (7) days following the first reading of the ordinance, the full text of the ordinance shall be published one time in the official newspaper, and the expense of such publication shall be borne by the prospective franchise holder . " -5- Section 4. Each of the six amendments to the Charter of the City of Friendswood, as set forth in Section 3 of this resolution, is hereby adopted and declared to be in full force and effect. Section 5 . The Mayor of the City is hereby authorized and directed to forthwith certify to the Secretary of State of the State. of Texas an authentic copy under the seal of the City of the Charter amendments approved by the qualified voters of the City in the election of April 5 , 1980, and approved by this resolution. Section 6. The City Secretary of the City is hereby authorized and directed to record at length upon the records of the City, in a separate book to be kept in her office, the Charter amendments approved by the qualified voters of the City at the election of April 5 , 1980, and approved by this resolu- tion. PASSED, APPROVED, AND ADOPTED this 7th day of April, 1980 . Mayor ATTEST: e � . City Secretary APPROVED AS TO FORM: City Attorney -6-