Loading...
HomeMy WebLinkAboutCC Order 1988-04-05 - Election Order 17.4136 Order oT Election(I R6) ItAR T GRAPI Ii(:S.Austin Prescribed by Sca wary of Siatc Sections 3.006.83.010.85.004,85,007.V.T.C.A..Election Codc • ORDER OF ELECTION An election is hereby ordered to be held on M.aL_L,. 198R for the purpose of: (date) electing the following officials of the City : Mayor Councilman, Position I Councilman, Position 3 Councilman, Position 5 And : r -1- • It is hereby ordered that a special election be held in the City of Friendswood , Texas , on the 7th day of May, 1988, 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 The first paragraph of Subsection C of Section 3.06 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows : "Section 3. 06 Vacancies , Forfeiture, Filling of Vancancies "C. When a vacancy shall develop , the Council shall, within 30 days following such vacancy, call an election for the first available election date as provided by the Texas Election Code. " PROPOSED AMENDMENT NO. 2 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. All regular meetings of the Council shall he held at the City Hall of the City of Friendswood. The Council shall fix, by resolution, the days and times of the regular meetings. The Council may hold such special meetings as it deems necessary and appropriate, which may be called by the Mayor or by four members of the Council . Special meetings shall he held at the City Hall of the City of Friendswood unless the Council finds that holding such meetings at other locations are necessary due to special circumstances where fact finding, planning , or on-site inspection is required. In no event shall a special meeting be held in any facility or at any location which is not readily accessible to the general public . All meetings of the Council shall be held in accordance with Article 6252-17 , Texas Revised Civil Statutes , as amended . " PROPOSED AMENDMENT NO. 3 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 consideration. 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 he by roll call if requested by the Mayor or any Councilman, and the ayes and nays shall be recorded in the- minutes. Four -2- • Council members shall constitute a quorum for the purpose of transaction of business and no action of the Council , except as provided in Section 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. 4 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 those with specific adoption procedures as set forth below, shall be read at two regular Council meetings , with at least two weeks lapsing between readings . A proposed ordinance may be amended on first reading ; however, if an amendment is made to the proposed ordinance at the time designated for final reading , the final reading shall be postponed until the next regular Council meeting. The procedure for adoption of an emergency ordinance shall be in accordance with Section 3. 12 hereof, a budget/tax ordinance with Section 8. 03 hereof, an ordinance relative to street development and improvement with Section 2. 05 hereof, and ordinances relative to borrowing for capital improvements with Section 8. 05 hereof. " PROPOSED AMENDMENT NO. 5 Subsection D 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 "D. The reading aloud of the title of the ordinance shall suffice as a reading , provided printed copies of the ordinance , in the form required for adoption, are in front of all members of the Council and a reasonable number of additional copies are available to citizens present at the meeting. If four Councilmen request that the ordinance be read in its entirety, it must be so read. " PROPOSED AMENDMENT NO. 6 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 designate, by letter filed with the City Secretary, a qualified administrative officer of the City to perform the duties of City Manager in his or her absence . In the event of long term disability, resignation, or termination of the City Manager, the Council shall appoint an acting City Manager for the duration of any such disability, or until appointment of a permanent City Manager. No member of the City Council shall serve as Acting City Manager. " -3- PROPOSED AMENDMENT NO. 7 "Subsection E of Section 4. 06 of Article IV of the Charter of the City of Friendswood , Texas , shall hereafter provide as follows : "Section 4. 06 Personnel System "E. Personnel Rules : The City Manager shall prepare personnel policies. The Council shall adopt such policies with or without amendment. The personnel policies shall be reviewed on a regular basis. " PROPOSED AMENDMENT NO. 8 Section 6. 01 of Article VI of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows : "Section 6. 01 City Elections "A. Schedule. The regular City Election will be held annually on the first Saturday in May. The Council shall be responsible to specify places for holding such election. "B. Special Elections. The Council shall provide for the holding of such special elections as may be required by law or this Charter, or for such other purposes as may be deemed necessary or appropriate by the Council . "C. Voter Eligibility List . A certified list of voter registrants within the City, consistent with the official list prepared by the County Tax Assessor-Collector, shall be maintained current by the City Secretary. If for a purpose relating only to a City election or to candidates or issues involved in such election, any organization, group or person requests a list of qualified voters of the City, permission to copy the current list shall be granted by the City Secretary. "D. Conduct and Regulations of Elections . All City elections shall be governed by the Constitution of the State of Texas , the Texas Election Code, this Charter, and ordinances and resolutions of the City, in the order named . Municipal elections shall be conducted by the election officials appointed or approved by the Council. " PROPOSED AMENDMENT NO. 9 Subsection A of Section 6. 02 of Article VI of the Charter of the City of Friendswood, Texas shall hereafter provide as follows : "Section 6. 02 Filing for office "A. Eligibility To File. Each candidate for an elective City office shall meet the following qualifications : 1. Shall have resided for at least twelve consecutive months immediately preceding the date of election within either the corporate boundaries of the City or within an area annexed into the City during such twelve month period. 2. Shall meet the requirements for sponsors stipulated in Section 6. 02B below. -4- 3. If an incumbent seeks a different elected office or elected position of the City than that which he then holds , he shall submit a letter of resignation to the City Council at least sixty (60) days prior to the date of election for such desired office or position. The letter of resignation shall provide for-an effective date of such resignation of not later than the day immediately preceding the day of such election. 4. No candidate may file for more than one office or position number per election. " PROPOSED AMENDMENT NO. 10 Section 6. 03 of Article VI of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 6. 03 Ballots The ballots for all elections held by the City shall conform with the provisions of the Texas Election Code. " PROPOSED AMENDMENT NO. 11 Subsection C of Section 6. 04 of Article VI of the Charter of the City of Friendswood , Texas, shall hereafter provide as follows : "Section 6. 04 Canvassing and Election Results "C. Run-Off Election. In the event rio candidate for an elective office receives a majority of the votes cast for that position in the regular or special election or there is a tie for first place, a run-off election shall be held among the candidates who received the greatest number of votes for the first two places. Such run-off election shall be held in accordance with the Texas Election Code. " PROPOSED AMENDMENT NO. 12 Section 7. 01 of Article VII of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 7. 01 Division of Tax Administration "There is hereby established a Department of Taxation. The head of the Department of Taxation shall be the City Tax Collector. - The City Tax Collector shall collect , or cause the collection of, all taxes due and owing to the City. " PROPOSED AMENDMENT NO. 13 Section 7. 03 of Article VII of the Charter of the City of Friendswood, Texas, which Section 7. 03 provides for the assessment of property for tax purposes , shall be deleted in its entirety. PROPOSED AMENDMENT NO. 14 Section 7. 04 of Article VII of the Charter of the City of Friendswood, Texas, which Section 7. 04 provides for the -3- creation of a tax Board of Equalization, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 15 Section 7. 05 of Article VII of the Charter of the City of Friendswood, Texas, which Section 7. 05 provides for the payment of ad valorem taxes , shall be deleted in its entirety. PROPOSED AMENDMENT NO. 16 Section 7. 06 of Article VII of the Charter of the City of Friendswood, Texas, which Section 7. 06 provides for the creation of tax liens, liability for the payment of ad valorem taxes , and collection of ad valorem taxes, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 17 Section 7. 07 of Article VII of the Charter of the City of Friendswood, Texas , which Section 7. 07 provides for assessment and collection of ad valorem taxes for properties having divided ownerships , shall be deleted in its entirety. PROPOSED AMENDMENT NO. 18 Section 7. 09 of Article VII of the Charter of the City of Friendswood, Texas , which Section 7. 09 provides restrictions on the discount , compromise, and waiver of ad valorem taxes and penalty and interest thereon, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 19 Section 7. 10 of Article VII of the Charter of the City of Friendswood, Texas , which section 7. 10 provides for the adoption of rules , regulations , and procedures to enforce the collection of ad valorem taxes, shall he deleted in its entirety. PROPOSED AMENDMENT NO. 20 Paragraph 2 of Subsection C of Section 8. 03 of Article VIII of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 8. 03 Annual Budget "C. Public Notice and Hearing "2. The time and place, not less than ten (10) nor more than thirty (30) days after such publication, for a public hearing on the budget . " -6- PROPOSED AMENDMENT NO. 21 Subsection E of Section 8. 03 of Article VIII of the Charter of the City of Friendswood , Texas, shall hereafter provide as follows : "Section 8. 03 Annual Budget "E. Adoption: The Council shall adopt its annual budget by ordinance, on . one reading , by the 15th day of September or as soon thereafter as practical. Adoption of the budget shall require an affirmative vote of at least a majority of all members of the Council. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated. " PROPOSED AMENDMENT NO. 22 Subsection F of Section 8. 03 of Article VIII of the Charter of the City of Friendswood, Texas, which Subsection F provides procedures in the event of failure to adopt an annual budget by September 15th, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 23 Section 9. 09 of Article IX of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows : "Section 9. 09 Regulation of Rates . "The Council shall have full power to regulate the rates, charges, and fares of every public utility franchise holder operating within the corporate boundaries of the City except as specifically limited by state or federal law. No increase in any rate, charge, or fare of any public utility franchise shall be granted by the Council until after a public hearing thereon, at which hearing the franchise holder and any interested citizen shall be entitled to present evidence regarding such proposed increase. " PROPOSED AMENDMENT NO. 24 Section 11. 04 of Article XI of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows : "Section 11. 04 Nepotism. "No appointment to the service of the City shall violate the prohibitions against nepotism set forth in Article 5996, Texas Revised Civil Statutes, as amended. " PROPOSED AMENDMENT NO. 25 Subsection B of Section 11 . 09 of Article XI of the Charter of the City of Friendswood , Texas , shall hereafter provide as follows : "Section 11. 09 "B . Action By The Council : -7- • "The Council shall receive and have published in the designated official public newspaper of the City the Final Report of the Charter Review Commission ; shall consider any recommendations made, and if any amendments be presented as part of such report, may order such amendment or amendments to be submitted to the voters of the City in accordance with the ' Texas Local Government Code, as amended. " PROPOSED AMENDMENT NO. 26 The Home Rule Charter of the City of Friendswood, Texas, shall hereafter be amended to remove references to office holders by sex or gender. Section 4. The ballot for the special election on said proposed amendments to the Charter shall conform to the requirements of the Texas Election Code, as amended, and on such ballot shall appear propositions corresponding to each of the proposed Charter amendments set forth above in Section 3, 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 3, shall provide as follows : PROPOSITION NO. 1 Shall the first paragraph of Subsection C of Section 3. 06 of Article III of the Charter of the City of Friendswood, Texas, be amended to provide that when a vacancy develops on City Council , the City Council shall , within thirty (30) days of the date such vacancy occurs, order an election to be held on the first available election date authorized by the Texas Election Code to fill such vacancy? PROPOSITION NO. 2 Shall Subsection 3. 09 of Article III of the Charter of the City of Friendswood, Texas, be amended to authorize the holding of special meetings of the City Council at locations other than the City Hall if the City Council finds that holding such meeitngs at other locations are necessary due to special circumstances where fact finding, planning , or on site inspections are required? -8- PROPOSITION NO. 3 Shall Section 3. 10 of Article III of the Charter of the City of Friendswood , Texas , be amended to provide that voting on all motions other than procedural motions shall be by roll call only if requested by the Mayor or any Councilman? PROPOSITION NO. 4 Shall the third paragraph of Subsection B of Section 3. 11 of Article III of the Charter of the City of Friendswood, Texas , be amended to provide that all ordinances other than emergency ordinances, budget/tax ordinances, ordinances relative to street development and improvements , and ordinances relative to borrowing for capital improvements , shall be read at two regular City Council meetings with at least two weeks lapsing between readings? PROPOSITION NO. 5 Shall Subsection D of Section 3. 11 of Article III of the Charter of the City of Friendswood , Texas, be amended to provide that the reading aloud of the title of a proposed ordinance shall suffice as a reading unless four Councilmen request that the ordinance be read in its entirety? PROPOSITION NO. 6 Shall Subsection E of Section 4. 01 of Article IV of the Charter of the City of Friendswood, Texas, be amended to provide that the City Council shall appoint an acting City Manager in the event of long term disability, resignation, or termination of the City Manager? PROPOSITION NO. 7 Shall Subsection E of Section 4. 06 of Article IV of the Charter of the City of Friendswood, Texas, be amended to provide for the adoption by the City Council of personnel policies ; and by deleting provisions requiring such personnel policies to provide for classification of City positions , pay plans, merit and fitness criteria, force reduction and removal of employees , hours of work, attendance , leave, provisional appointments, employee organizations , in service training, and other mandatory provisions? -9- • PROPOSITION NO. 8 Shall Section 6. 01 of Article VI of the Charter of the City of Friendswood, Texas , be amended to provide for the holding of regular City elections on the first Saturday in May; provide for the holding of special elections as may be required by law or deemed necessary by the City Council ; and provide that the conduct of City elections shall be held in accordance with the Texas Election Code? PROPOSITION NO. 9 Shall Subsection A of Section 6. 02 of Article VI of the Charter of the City of Friendswood, Texas , be amended to delete therefrom the requirements that a person be a qualified voter and not be in arrears in the payment of taxes to be eligible to file as a candidate for an elective office of the City; be amended by deleting the prohibition against an employee seeking an elective office of the City ; and be amended by providing that the twelve month residency requirement be from the date of election as opposed to the date of filing the candidacy? PROPOSITION NO. 10 Shall Section 6. 03 of Article VI of the Charter of the City of Friendswood, Texas , be amended to provide that official ballots for City elections shall be prepared in compliance with the Texas Election Code? PROPOSITION NO. 11T Shall Subsection C of Section 6. 04 of Article VI of the Charter of the City of Friendswood , Texas, be amended to provide that run-off elections shall be conducted in accordance with the Texas Election Code? PROPOSITION NO._ 12 Shall Section 7. 01 of Article VII of the Charter of the City of Friendswood, Texas , be amended by deleting the provisions providing for the assessment of taxes by the office -10- of taxation; and by changing the name of the director of the department of taxation to the City Tax Collector? PROPOSITION NO. 13 Shall Section 7. 03 of Article VII of the Charter of the City of Friendswood, Texas , which provides for the assessment of property for tax purposes, be deleted in its entirety? PROPOSITION NO. 14 Shall Section 7. 04 of Article VII of the Charter of the City of Friendswood, Texas , which provides for the creation of a Tax Board of Equalization, be deleted in its entirety? PROPOSITION NO. 15 Shall Section 7. 05 of Article VII of the Charter of the City of Friendswood, Texas , which provides for the payment of ad valorem taxes, be deleted in its entirety? PROPOSITION NO. 16 Shall Section 7. 06 of Article VII of the Charter of the City of Friendswood , Texas , which provides for the creation of tax liens , liability for the payment of ad valorem taxes, and collection of ad valorem taxes, be deleted in its entirety? PROPOSITION NO. 17 Shall Section 7. 07 of Article VII of the Charter of the City of Friendswood, Texas , which provides for the assessment and collection of ad valorem taxes for properties having divided ownerships, be deleted in its entirety? PROPOSITION NO. 18 Shall Section 7. 09 of Article VII of the Charter of the City of Friendswood, Texas , which provides restrictions on the discount, compromise, and waiver of ad valorem taxes and penalty and interest thereon, be deleted in its entirety? PROPOSITION NO. 19 Shall Section 7. 10 of Article VII of the Charter of the City of Friendswood, Texas , which provides for the adoption of rules , regulations , and procedures to enforce the collection of ad valorem taxes, be deleted in its entirety? -11- PROPOSITION NO. 20 Shall paragraph 2 of Subsection C of Section 8. 03 of Article VIII of the Charter of the City of Friendswood, Texas , be amended to provide that notice of public hearings on annual budgets be given not less than ten (10) nor more than thirty (30) days prior to the date of such hearings? PROPOSITIONS NO. 21 Shall Subsection E of Section 8. 03 of Article VIII of the Charter of the City of Friendswood, Texas , be amended to provide that the City' s annual budget be adopted by the 15th day of September or as soon thereafter as pratical ; and by deleting the provision that adoption of an annual budget shall constitute a levy of the property tax therein proposed? PROPOSITION NO. 22, Shall Subsection F of Section 8. 03 of Article VIII of the Charter of the City of Friendswood, Texas, which provides procedures in the event of failure to adopt an annual budget by September 15th, be deleted in its entirety? PROPOSITION NO. 23 Shall Section 9. 09 of Article IX of the Charter of the City of Friendswood, Texas , be amended to delete provisions establishing procedures and timetables relating to the regulation of rates of public utility franchise holders within the City? PROPOSITION NO. 24 Shall Section 11. 04 of Article XI of the Charter of the City of Friendswood, Texas, be amended to provide that no appointment to the service of the City shall violate the prohibitions against nepotism as set forth in Article 5996, Texas Revised Civil Statutes , as amended? PROPOSITION NO. 25 Shall Subsection B of Section 11. 09 of Article XI of the Charter of the City of Friendswood, Texas, be amended to provide that the City Council shall publish in the designated official newspaper of the City the Final Report presented to the Council by any appointed Charter Review Commission. -12- • • PROPOSITION NO. 26 Shall the Charter of the City of Friendswood, Texas , he amended to remove references to office holders by sex or gender? And : It is hereby ordered that a special election be held in the City of Friendswood , Texas , on the 7th day of May, 1988, at which election there shall be submitted to the resident qualified voters of the City , for their action thereon, the following proposition regarding the authority of the City Council to discontinue the use of two tracts of land within the City as parks . The ballot for the special election on said proposition shall conform to the requirements of the Texas Election Code, as amended , with the provision thereon permitting voters to vote "For" or "Against" the proposition. The proposition shall provide as follows : PARK LAND PROPOSITION Shall the City Council be authorized to discontinue the use of that certain 0. 826 acre tract of land , more or less , located adjacent to Lot 1, Block 9, Dunbar Estates Section 2, out of Abstract 20, Perry and Austin League, as recorded at Record #/15, Map 54, Recording No. 96523, Galveston County, Texas , and that certain 0. 7286 acre tract of land, more or less , located adjacent to Lot 1, Block 1, Dunbar Estates Section 1 , out of Abstract 20, Perry and Austin League, as recorded at Vol . 10, page 79, Recording No. 415173, of the map records of Galveston County, Texas , as City parks? Absentee voting by personal appearance will be conducted each weekday at City Secretary ' s Officez City Hall , 109 Willowick . FriendQ_wsQd (location) between the hours of..__.8 : 00 a.m. and 5; 00 p.m. beginning on April 1 8 . 1988 (date) and ending on May 3 , 1988 (date) -13- Applications for ballot by mail shall be mailed to: Deloris McKenzie , City Secretary (Name of Absentee Voting Clerk) 109 Willowick (Address) Friendswood , Texas 77546 (City) (Zip Code) Applications for ballots by mail must be received no later than the close of business on April 297. 1988 . (date) Issued this the 5 t h day of , 19 R Signature o Presiding Officer Ralph L. Lowe Mayor -14- 17-4136 Urdcr orF3cci nn(1Rhl IIAR I(AtnI'IIIGS.Auciir Prescribed by Secichty of Stir Sections 3.006.83.010.85.(X)4.85.007.V.1.C.A.,Election Code ORDER OF ELEC I ION An election is hereby ordered to be held on _ ma 1 988 fbr the purpose or (date) electing the following officials of the City : Mayor Councilman, Position I Councilman, Position 3 Councilman, Position 5 And : -I- It is hereby ordered that a special election be held in the City of Friendswood , Texas , on the 7th day of May, 1988, at which election there shall he 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 The first paragraph of Subsection C of Section 3. 06 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows : "Section 3. 06 Vacancies , Forfeiture , Filling of Vancancies "C. When a vacancy shall develop , the Council shall , within 30 days following such vacancy, call an election for the first available election date as provided by the Texas Election Code. " PROPOSED AMENDMENT NO. 2 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. All regular meetings of the Council shall he held at the City Hall of the City of Friendswood . The Council shall fix, by resolution, the days and times of the regular meetings. The Council may hold such special meetings as it deems necessary and appropriate, which may be called by the Mayor or by four members of the Council . Special meetings shall_ be held at the City Hall of the City of Friendswood unless the Council finds that holding such meetings at other locations are necessary due to special circumstances where fact finding, planning , or on-site inspection is required . In no event shall a special meeting be held in any facility or at any location which is not readily accessible to the general public . All meetings of the Council shall be held in accordance with Article 6252-17 , Texas Revised Civil. Statutes , as amended . " PROPOSED AMENDMENT" NO. 3 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 consideration. The Council shall provide for minutes being taken and recorded of all meetings , and such minutes shall he a public record . Voting , except on procedural motions , shall he by roll call if requested by the Mayor or any Councilman, and the ayes and nays shall he recorded in the minutes . Four -2- Council members shall constitute a quorum for the purpose of transaction of business and no action of the Council , except as provided in Section 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. 4 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 those with specific adoption procedures as set forth below, shall be read at two regular Council meetings , with at least two weeks lapsing between readings . A proposed ordinance may be amended on first reading ; however, if an amendment is made to the proposed ordinance at the time designated for final reading , the final reading shall be postponed until the next regular Council meeting . The procedure for adoption of an emergency ordinance shall be in accordance with Section 3. 12 hereof, a budget/tax ordinance with Section 8. 03 hereof, an ordinance relative to street development and improvement with Section 2. 05 hereof, and ordinances relative to borrowing for capital improvements with Section 8. 05 hereof. " PROPOSED AMENDMENT NO. 5 Subsection D 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 "D. The reading aloud of the title of the ordinance shall suffice as a reading , provided printed copies of the ordinance , in the form required for adoption, are in front of all members of the Council and a reasonable number of additional copies are available to citizens present at the meeting . If four Councilmen request that the ordinance he read in its entirety, it must be so read. " PROPOSED AMENDMENT NO. 6 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 designate , by letter filed with the City Secretary, a qualified administrative officer of the City to perform the duties of City Manager in his or her absence . In the event of long term disability, resignation, or termination of the City Manager, the Council shall appoint an acting City Manager for the duration of any such disability, or until appointment of a permanent City Manager. No member of the City Council shall serve as Acting City Manager. " _3_ PROPOSED AMENDMENT NO. 7 "Subsection E of Section 4. 06 of Article IV of the Charter of the City of Friendswood , Texas , shall hereafter provide as follows : "Section 4. 06 Personnel System "E. Personnel Rules : The City Manager shall prepare personnel policies . The Council shall adopt such policies with or without amendment . The personnel policies shall be reviewed on a regular basis . " PROPOSED AMENDMENT NO, 8 Section 6. 01 of Article VI of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 6. 01 City Elections "A. Schedule. The regular City Election will be held annually on the first Saturday in May. The Council shall be responsible to specify places for holding such election. "B . Special Elections . The Council shall provide for the holding of such special elections as may be required by law or this Charter, or for such other purposes as may be deemed necessary or appropriate by the Council . "C. Voter Eligihility List . A certiEied list of voter registrants within the City, consistent with the official list prepared by the County Tax Assessor-Collector, shall be maintained current by the City Secretary. If for a purpose relating only to a City election or to candidates or issues involved in such election, any organization, group or person requests a list of qualified voters of the City, permission to copy the current list shall be granted by the City Secretary. "D. Conduct and Regulations of Elections . All City elections shall be governed by the Constitution of the State of Texas , the Texas Election Code , this Charter, and ordinances and resolutions of the City, in the order named. Municipal elections shall be conducted by the election officials appointed or approved by the Council . " PROPOSED AMENDMENT NO. 9 Subsection A of Section 6. 02 of Article VI of the Charter of the City of Friendswood , Texas shall hereafter provide as follows : "Section 6. 02 Filing for office "A. Eligibility To File. Each candidate for an elective City office shall meet the following qualifications : 1. Shall have resided for at least twelve consecutive months immediately preceding the date of election within either the corporate boundaries of the City or within an area annexed into the City during such twelve month period . 2. Shall meet the requirements for sponsors stipulated in Section 6. 02B below. -4- • 3. If an incumbent seeks a different elected office or elected position of the City than that which he then holds , he shall submit a letter of resignation to the City Council at least sixty (60) days prior to the date of election for such desired office or position. The letter of resignation shall provide for-an effective date of such resignation of not later than the day immediately preceding the day of such election. 4. No candidate may file for more than one office or position number per election. " PROPOSED AMENDMENT NO. 10 Section 6. 03 of Article VI of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 6. 03 Ballots The ballots for all elections held by the City shall conform with the provisions of the Texas Election Code. " PROPOSED AMENDMENT NO . 11 Subsection C of Section 6. 04 of Article VI of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 6. 04 Canvassing and Election Results "C. Run-Off Election. In the event no candidate for an elective office receives a majority of the votes cast for . that position in the regular or special election or there is a tie for first place, a run-off election shall be held among the candidates who received the greatest number of votes for the first two places . Such run-off election shall he held in accordance with the Texas Election Code . " PROPOSED AMENDMENT NO. 12 Section 7. 01 of Article VII of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 7. 01 Division of Tax Administration "There is hereby established a Department of Taxation. The head of the Department of Taxation shall be the City Tax Collector. The City Tax Collector shall collect , or cause the collection of, all taxes due and owing to the City. " PROPOSED AMENDMENT NO. 13 Section 7. 03 of Article VII of the Charter of the City of Friendswood , Texas , which Section 7 . 03 provides for the assessment of property for tax purposes , shall be deleted in its entirety. PROPOSED AMENDMENT NO . 14 Section 7. 04 of Article VII of the Charter of the City of Friendswood , Texas , which Section 7. 04 provides for the -5- creation of a tax Board of Equalization, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 15 Section 7. 05 of Article VII of the Charter of the City of Friendswood, Texas , which Section 7. 05 provides for the payment of ad valorem taxes , shall be deleted in its entirety. PROPOSED AMENDMENT NO. 16 Section 7. 06 of Article VII of the Charter of the City of Friendswood, Texas , which Section 7 . 06 provides for the creation of tax liens , liability for the payment of ad valorem taxes , and collection of ad valorem taxes , shall be deleted in its entirety. PROPOSED AMENDMENT NO. 17 Section 7 . 07 of Article VII of the Charter of the City of Friendswood, Texas , which Section 7. 07 provides for assessment and collection of ad valorem taxes for properties having divided ownerships , shall he deleted in its entirety. PROPOSED AMENDMENT NO. 18 Section 7 . 09 of Article VII of the Charter of the City of Friendswood, Texas, which Section 7 . 09 provides restrictions on the discount , compromise , and waiver of ad valorem taxes and penalty and interest thereon, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 19 Section 7. 10 of Article VII of the Charter of the City of Friendswood , Texas , which section 7 . 10 provides for the adoption of rules , regulations , and procedures to enforce the collection of ad valorem taxes , shall be deleted in its entirety. PROPOSES AMENDMENT NO. 20 Paragraph 2 of Subsection C of Section 8. 03 of Article VIII of the Charter of the City of Friendswood , Texas, shall hereafter provide as follows : "Section 8. 03 Annual Budget "C. Public Notice and Hearing "2. The time and place , not less than ten (10) nor more than thirty (30) days after such publication, for a public hearing on the budget. " -6- PROPOSED AMENDMENT NO. 21 Subsection E of Section 8. 03 of Article VIII of the Charter of the City of Friendswood , Texas , shall hereafter provide as follows : "Section 8. 03 Annual Budget "E. Adoption: The Council shall adopt its annual budget by ordinance, on one reading , by the 15th day of September or as soon thereafter as practical . Adoption of the budget shall require an affirmative vote of at least a majority of all members of the Council. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated. " PROPOSED AMENDMENT NO. 22 Subsection F of Section 8. 03 of Article VIII of the Charter of the City of Friendswood , Texas , which Subsection F provides procedures in the event of failure to adopt an annual budget by September 15th, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 23 Section 9 . 09 of Article IX of the Charter of the City of Friendswood , Texas , shall hereafter provide as follows : "Section 9. 09 Regulation of Rates . "The Council shall have full power to regulate the rates , charges , and fares of every public utility franchise holder operating within the corporate boundaries of the City except as specifically limited by state or federal law. No increase in any rate, charge, or fare of any public utility franchise shall be granted by the Council until after a public hearing thereon, at which hearing the franchise holder and any interested citizen shall be entitled to present evidence regarding such proposed increase. " PROPOSED AMENDMENT NO. 24 Section 11. 04 of Article XI of the Charter of the City of Friendswood , Texas, shall hereafter provide as follows : "Section 11 . 04 Nepotism. "No appointment to the service of the City shall violate the prohibitions against nepotism set forth in Article 5996, Texas Revised Civil Statutes, as amended . " PROPOSED AMENDMENT NO. 25 Subsection B of Section 11. 09 of Article XI of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 11. 09 "B . Action By The Council : -7- "The Council shall receive and have published in the designated official public newspaper of the City the Final Report of the Charter Review Commission ; shall consider any recommendations made, and if any amendments be presented as part of such report , may order such amendment or amendments to be submitted to the voters of the City in accordance with the Texas Local Government Code, as amended . " PROPOSED AMENDMENT NO. 26 The Home Rule Charter of the City of Friendswood, Texas, shall hereafter be amended to remove references to office holders by sex or gender. Section 4. The ballot for the special election on said proposed amendments to the Charter shall conform to the requirements of the Texas Election Code, as amended , and on such ballot shall appear propositions corresponding to each of the proposed Charter amendments set forth above in Section 3 , 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 3, shall provide as follows : PROPOSITION NO. 1 Shall the first paragraph of Subsection C of Section 3. 06 of Article III of the Charter of the City of Friendswood, Texas , be amended to provide that when a vacancy develops on City Council , the City Council shall , within thirty (30) days of the date such vacancy occurs , order an election to be held on the first available election date authorized by the Texas Election Code to fill such vacancy? PROPOSITION NO. 2 Shall Subsection 3. 09 of Article III of the Charter of the City of Friendswood, Texas , be amended to authorize the holding of special meetings of the City Council at locations other than the City Hall if the City Council finds that holding such meeitngs at other locations are necessary due to special circumstances where fact finding, planning , or on site inspections are required? -8- PROPOSITION NO. 3 Shall Section 3. 10 of Article III of the Charter• of the City of Friendswood, Texas , be amended to provide that voting on all motions other than procedural motions shall be by roll call only if requested by the Mayor or any Councilman? PROPOSITION NO. 4 Shall the third paragraph of Subsection B of Section 3. 11 of Article III of the Charter of the City of Friendswood, Texas , be amended to provide that all ordinances other than emergency ordinances , budget/tax ordinances , ordinances relative to street development and improvements , and ordinances relative to borrowing for capital improvements , shall be read at two regular City Council meetings with at least two weeks lapsing between readings? PROPOSITION NO. 5 Shall Subsection D of Section 3. 11 of Article III of the Charter of the City of Friendswood , Texas , he amended to provide that the reading aloud of the title of a proposed ordinance shall suffice as a reading unless four Councilmen request that the ordinance be read in its entirety? PROPOSITION NO. 6 Shall Subsection E of Section 4. 01 of Article IV of the Charter of the City of Friendswood , Texas , be amended to provide that the City Council shall appoint an acting City Manager in the event of long term disability, resignation, or termination of the City Manager? PROPOSITION NO. 7 Shall Subsection E of Section 4. 06 of Article IV of the Charter of the City of Friendswood, Texas , be amended to provide for the adoption by the City Council of personnel policies ; and by deleting provisions requiring such personnel policies to provide for classification of City positions , pay plans, merit and fitness criteria , force reduction and removal of employees , hours of work, attendance , leave , provisional. appointments , employee organizations , in service training, and other mandatory provisions? -9- • PROPOSITION NO. 8 Shall Section 6. 01 of Article VI of the Charter of the City of Friendswood , Texas , he amended to provide for the holding of regular City elections on the first Saturday in May ; provide for the holding of special elections as may be required by law or deemed necessary by the City Council ; and provide that the conduct of City elections shall be held in accordance with the Texas Election Code? PROPOSITION NO. 9 Shall Subsection A of Section 6. 02 of Article VI of the Charter of the City of Friendswood, Texas, be amended to delete therefrom the requirements that a person be a qualified voter and not be in arrears in the payment of taxes to be eligible to file as a candidate for an elective office of the City ; be amended by deleting the prohibition against an employee seeking an elective office of the City ; and be amended by providing that the twelve month residency requirement be from the date of election as opposed to the date of filing the candidacy? PROPOSITION NO. 10 Shall Section 6 . 03 of Article VI of the Charter of the City of Friendswood , Texas , be amended to provide that official ballots for City elections shall be prepared in compliance with the Texas Election Code? PROPOSITION NO. 11 Shall Subsection C of Section 6. 04 of Article VI of the Charter of the City of Friendswood, Texas , be amended to provide that run-off elections shall be conducted in accordance with the Texas Election Code? PROPOSITION NO. 12 Shall Section 7. 01 of Article VII of the Charter of the City of Friendswood, Texas , be amended by deleting the provisions providing for the assessment of taxes by the office -10- of taxation ; and by changing the name of the director of the department of taxation to the City Tax Collector? PROPOSITION NO. 13 Shall Section 7. 03 of Article VII of the Charter of the City of Friendswood, Texas , which provides for the assessment of property for tax purposes , be deleted in its entirety? PROPOSITION NO. 14 Shall Section 7. 04 of Article VII of the Charter of the City of Friendswood , Texas , which provides for the creation of a Tax Board of Equalization, be deleted in its entirety? PROPOSITION NO. 15 Shall Section 7. 05 of Article VII of the Charter of the City of Friendswood , Texas , which provides for the payment of ad valorem taxes , be deleted in its entirety? PROPOSITION NO . 16 Shall Section 7. 06 of Article VII of the Charter of the City of Friendswood , Texas, which provides for the creation of tax liens , liability for the payment of ad valorem taxes , and collection of ad valorem taxes , be deleted in its entirety? PROPOSITION NO. 17 Shall Section 7. 07 of Article VII of the Charter of the City of Friendswood, Texas , which provides for the assessment and collection of ad valorem taxes for properties having divided ownerships , be deleted in its entirety? PROPOSITION NO. 18 Shall Section 7. 09 of Article VII of the Charter of the City of Friendswood , Texas , which provides restrictions on the discount , compromise , and waiver of ad valorem taxes and penalty and interest thereon, be deleted in its entirety? PROPOSITION NO. 19 Shall Section 7. 10 of Article VII of the Charter of the City of Friendswood , Texas , which provides for the adoption of rules, regulations , and procedures to enforce the collection of ad valorem taxes , be deleted in its entirety? -11- PROPOSITION NO. 20 Shall paragraph 2 of Subsection C of Section 8. 03 of Article VIII of the Charter of the City of Friendswood, Texas , be amended to provide that notice of public hearings on annual budgets be given not less than ten (10) nor more than thirty (30) days prior to the date of such hearings? PROPOSITIONS NO. 21 Shall Subsection E of Section 8. 03 of Article VIII of the Charter of the City of Friendswood, Texas , be amended to provide that the City' s annual budget be adopted by the 15th day of September or as soon thereafter as pratical ; and by deleting the provision that adoption of an annual budget shall constitute a levy of the property tax therein proposed? PROPOSITION NO. 22 Shall Subsection F of Section 8. 03 of Article VIII of the Charter of the City of Friendswood, Texas, which provides procedures in the event of failure to adopt an annual budget by September 15th, be deleted in its entirety? PROPOSITION NO. 23 Shall Section 9. 09 of Article IX of the Charter of the City of Friendswood , Texas , be amended to delete provisions establishing procedures and timetables relating to the regulation of rates of public utility franchise holders within the City? PROPOSITION NO. 24 Shall Section 11. 04 of Article XI of the Charter of the City of Friendswood , Texas, be amended to provide that no appointment to the service of the City shall violate the prohibitions against nepotism as set forth in Article 5996, Texas Revised Civil Statutes , as amended? PROPOSITION NO. 25 Shall Subsection B of Section 11. 09 of Article XI of the Charter of the City of Friendswood, Texas, he amended to provide that the City Council shall publish in the designated official newspaper of the City the Final Report presented to the Council by any appointed Charter Review Commission. -12- PROPOSITION NO. 26 Shall the Charter of the City of Friendswood , Texas , be • amended to remove references to office holders by sex or gender? • And : It is hereby ordered that a special election he held in the City of Friendswood , Texas, on the 7th day of May, 1988, at which election there shall be submitted to the resident qualified voters of the City , for their action thereon, the following proposition regarding the authority of the City Council to discontinue the use of two tracts of land within the City as parks . The ballot for the special election on said proposition shall conform to the requirements of the Texas Election Code, as amended , with the provision thereon permitting voters to vote "For" or "Against" the proposition. The proposition shall provide as follows : PARK LAND PROPOSITION Shall the City Council be authorized to discontinue the use of that certain 0. 826 acre tract of land , more or less , located adjacent to Lot 1 , Block 9 , Dunbar Estates Section 2, out of Abstract 20, Perry and Austin League , as recorded at Record . #{15, Map 54, Recording No. 96523, Galveston County, Texas , and that certain 0. 7286 acre tract of land, more or less , located adjacent to Lot 1 , Block 1 , Dunbar Estates Section 1 , out of Abstract 20, Perry and Austin League , as recorded at Vol. 10, page 79, Recording No. 415173, of the map records of Galveston County, Texas , as City parks? Absentee voting by personal appearance will be conducted each weekday at City Secretary ' s Office , City Hall , 109 Willowickt FriendawQQ.d (location) between the hours of 8 : 00 a.m. and __.__._- p.m. beginning on - AQri1 18 . 19811 (date) and ending on May 3 , 1988 (date) -13- Applications for ballot by mail shall be mailed to: Deloris McKenzie , City Secretar1 (Name of Absentee Voting Clerk) 109 Willowick (Address) Friendswood , Texas 77546 (City) (Zip Code) Applications for ballots by mail must be received no later than the close of business on April 29_1 1988 (date) issued this the _5 t h day of AD 19 • Signature o Presiding Officer Ralph L. Lowe Mayor —14—