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HomeMy WebLinkAboutResolution No. 80-03 RESOLUTION NO. /-' j - ,' p A RESOLUTION ORDERING AN ELECTION TO BE 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; STATING THE PROPOSED AMENDMENTS TO BE VOTED UPON AT SAID ELECTION; DESIGNATING THE POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; PRODIVING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; AND CONTAINING OTHER PROVISIONS RELATING TO SUCH ELECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS : Section 1 . It is hereby ordered that an election be held in the City of Friendswood, Texas , on the 5th day of April , 1980, at which election there shall be submitted to the resident qualified voters of said City for their action thereon, propositions of certain proposed amendments to the existing Charter of the City of Friendswood. Such proposed amendments are as follows : PROPOSED AMENDMENT 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 "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 , determine 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 L 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 AMENDMENT NO. 3 The third paragraph of 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. " 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 perform 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- -2- 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 regular of the following the efirst sreading ofu the lordi1nance,ithin sthe nfull 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. " Section 2 . That said election shall be held in each of the election cts within said City and the pollin g g places and election officials for each of said precincts shall be as follows : Election Precinct 56 : Boundaries the same as that portion of Galveston County Election Precinct 56 lying within the City Limits of the City of Friendswood. Polling P1ace City Hall 109 Willowick Friendswood, Texas Election Officers : Ralph Somers , Presiding Judge Grace Baker, Alternate Presiding Judge Election Precinct 57 : Boundaries the same as Galveston County Election Precinct 57 . Po11inR Place Westwood Elementary 506 West Edo School �e Friendswood, Texas Election Officers : Clarence White , Presiding Judge Caylene White, Alternate Presiding Judge -3- Election Precinct 60 : Boundaries the same as Galveston County Election Precinct 60. Polling Place Friendswood Junior High School 402 Laurel Friendswood, Texas Election Officers : Ruth Prengle, Presiding Judge Huberta Mora, Alternate Presiding Judge Each of the above designated polling places shall on said election day be open from seven o ' clock (7 : 00) a.m. to seven o ' clock (7 : 00) p.m. Section Bobbie C. Henry is hereby appointed as the clerk for absentee voting and Moonyeen Wright is hereby appointed as deputy clerk for absentee voting. The absentee voting for the above designated election shall be held at City Hall, 109 Willowick, Friendswood, Texas , 77546 , within said City and said place of absentee voting shall remain open for at least eight hours on each day for absentee voting which is not a Saturday, a Sunday, or an official state holiday, beginning on the 20th day and continuing through the 4th day pre- ceding the date of said election . Said place of election shall remain open between the hours of eight thirty o ' clock (8 : 30) a.m. and five o ' clock (5 : 00) p.m. on each day of absentee voting. The above described place for absentee voting is also the ab- sentee clerk ' s mailing address to which ballot applications and ballots voted by mail may be sent . Section 4. That 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 5 . That the ballot of said election shall conform to the requirements of the Election Code of the State of Texas , as amended, and on such ballot shall appear propositions corre- sponding 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"g on each proposition without -4- voting "For" or "Against" on all propositions , Such proposi- tions , numbered to correspond with the numbering of the pro- posed amendments listed in Section 1 , shall provide as follows : PROPOSITION NO. 1 Shall Section 3 . 09 of Article III of the Charter ,of the City of Friendswood be amended to provide that the City Council shall fix the days and times of its regular meetings by resolution and that all its meetings be open to the public, except that Council may recess into executive session as authorized by Article 6252-17 , as amended, Texas Revised Civil Statutes? PROPOSITION NO. 2 Shall Section 3 . 10 of Article III of the Charter of the City of Friendswood be amended to provide that the Council shall , by resolution, determine its own rules of procedure and order of business? PROPOSITION NO. 3 Shall the third paragraph of subsection B of Section 3 . 11 of Article III of the Charter of the City of Friendswood be amended to 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 postposed 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. "? ti -5- ry } PROPOSITION NO. 4 Shall subsection E of Section 4. 01 of Article 4 of the Charter of the City of Friendswood be amended to provide as follows : "Section 4. 01 City Manager "E. Acting City Manager: The City Manager shall designate, by letter filed with the City Secretary, a quali- fied administrative officer of the City to perform the duties of City Manager in his absence or disability. No member of the City Council shall serve as Acting City Manager. "? PROPOSITION NO. 5 Shall the Charter of the City of Friendswood be amended by deleting in its entirety Section 5 . 05 of Article V, which cur- rently reads as follows : "Section 5 . 05 Referendum Petitions ; Suspension of Effect of Ordinance "When a referendum petition is filed with the City Secretary, the ordinance sought to be reconsidered shall be suspended from taking effect . Such suspension shall termi- nate 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. "? PROPOSITION NO 6 Shall Section 9 . 03 of Article IX of the Charter of the City of Friendswood be amended to 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 regular(3) meetings following thefirst reading ofu the lordinance,. thin s the nfull 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. "? -6- Section 6 The voting at such election shall be upon voting machines . The manner of indicating on the voting machine ballot the several propositions here ordered to be submitted, and the provision for the indication and registration by the voters upon such machines of their votes for or against the proposed amend- ments to the City Charter shall be substantially as hereinafter provided. All of the above stated propositions shall appear on the voting machine ballot . Immediately opposite each such proposi- tion and immediately opposite two respective corresponding voting levers , there shall appear the words "For" and "Against". A voter desiring to vote for the adoption of the amendment repre- presented by a particular proposition shall depress or turn down the voting lever so that an "X" appears opposite the word "For" and a voter desiring to vote against the adoption of such amend- ment , shall depress or turn down the voting lever so that an "X" appears opposite the word "Against" . Provided further that absentee voting at such election shall be by paper ballot . Such paper ballot shall have printed upon it the propositions hereinabove stated; and immediately beneath or alongside the statement of each proposition there shall appear the words "For" and "Against" . A voter desiring to vote for the adoption of the amendment represented by a particular proposition shall place an "X" in the square o q opposite the word "For" where it appears immediately below or beside the statement of the proposition; and a voter desiring to vote against the adoption of such amendment shall place an "X" in the square opposite the word "Against" where it appears immediately below or beside the statement of the proposition. Section 7 . This resolution shall constitute the election order for such charter amendment election, and it shall also constitute the notice of such election. The City Secretary is hereby authorized and directed to cause notice of said election to be given by posting a copy of this election order in each of -7- the election precincts of said City and at the City Hall not less than twenty (20) days before the date of such election. The City Secretary is further directed, as required by Article 1170 of the Texas Revised Civil Statutes , as amended, to cause a copy of this resolution to be published in some newspaper of general circulation published in the City of Friendswood, on the same day of two (2) successive weeks , the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. PASSED AND APPROVED this the day of 1980 . I j oe7f24)'L Mayor ATTEST : City Secretary APPROVED AS TO FORM: City Attorney a -8- yy; c F:.