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HomeMy WebLinkAboutCC Order 1988-04-05 - Election Order17-41 J6 Order of Fkc11<ln ( ! R6) rn:scribcd by Sccictary orS1:i1c Sections 3.006. 83.010. 85.004. 85.007. V.T.C.A .. Election Code IIAR f C;R,\Plll('S. Au�tin An election is hereby ordered to be held on May 7 ; J 9 for the purpose of: (date) -3- 3.If an incumbent seeks a different elected officeor 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 provi<le for··�n effective elate oE 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 orposition number per election." PROPOSED AMENDMENT NO. 10 Section 6. 03 of Article VI of the Charter of the City of Friendswood, Texas, shall hereafter prpvide as follows: "Section 6.03 Ballots The ballots for all elections hel<l by the City shall conform with the provisions of the Texas Election Code." PROPOSED AMENDHENT 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 an<l Election Results "C. Run-Off Election. In the event no cR1HlidRte 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 receive<l 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 Taxation. The head City Tax Collector, cause the collection hereby established a Department of of the Department of Taxation shall be the The City Tax Collector shall collect, or 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, shal 1 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 -5-for the 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 be 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 A.s practi.c al. A<lopti.on of the budget shall require an affirmative vote of at least a majority of all members of the Council. Adoption of the buclget 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 operat ing within the corporate boundaries of the City except as specifically limited by state or fe de ral 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 11 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 Cftj 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 propo sed Charter amendments set forth above in Section 3, with the provision on such ballot permitting voters to vote "F II "A . II h . . . h . "F II or or gainst on eac proposition wit out voting or 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 inspections are required? finding, -8- planning, or on site PROPOSITION NO. 20 Shall paragraph 2 of Subsection C of Section 8.03 of Article VIII of the Charter of the C�ty 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, establishing procedures be and amended to timetables delete relating provisions 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. 2G Shall the Charter of the City of Friendswood, Texas, be amended to remove referen ces 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 la11d 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, locatedadjacent 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 Willowick, Friendswood between the hours of 8: oo a.m. and and ending on May 3, 1988 (date) (location) ·1 18 1988 . · Apr1 , s: oo p.m. begmnmg on (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 29, 1988 (date) Issued this the 5 thday of A r , 19 .a_,R Re,___ G2oR�£t � a<£4MSignature oPresiding Oflicer )_ Ralph L. Lowe Mayor -14- IIAR r (;l{,\l'lll("S. Au�lir An election is hereby ordered to be held on May 7, 1 for the purpose of (date) -3- 3.If an incumbent seeks a different elected of ficeor 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 provicle for"an effecti.ve cl::ite 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 orposition number per election." PROPOSED Af!ENDMENT 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 hel<l by the City shall conform with the provisions of the Texas Election Code." PROPOSED AMENDt!ENT 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 c::indid::ite for an elective of fice 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 receive<l the greatest number of votes for the first two places. Such run-off election shrill 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 Taxation. The head City Tax Collector, cause the collection hereby established a Department of of the Department of Taxation shall be the The City Tax Collector shall collect, or 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 -5- for the creation of a tax Boarrl 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 be 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 11 2.The time am! pla ce, not less than ten (10)nor more than thirty (30) days after such publication, for a public hearing on the budget." -6- PROPOSITION NO. 20 Shall para graph 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 fnilure to nclopt an nnnunl 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. 2G Shall the Charter of the City of Friendswood, Texas, be amended to remov� 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 PROPOSITlotl ·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 l, Block 9, Dunbar Estates Section 2, out of Abstract 20, Perry and Austin League, as recor ded at Record #15, Map 54, Recording No. 96523, Galveston County, Texas, and that ce rtain 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 re corded 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 Willowick, Friendswood (location) between the hours of s: 00 a.m. and and ending on May 3, 1988 (date) . . April 18. 1988 s: o o p.m. begmnmg on(date) -13- 5 th