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Home My WebLink AboutResolution No. 2009-06 RESOLUTION NO. R2009-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, PROVIDING FOR THE HOLDING OF A SPECIAL ELECTION ON THE 9TH DAY OF MAY, 2009, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A CERTAIN PROPOSED AMENDMENT TO THE EXISTING CHARTER OF THE CITY; STATING THE PROPOSED AMENDMENT TO THE CITY CHARTER TO BE VOTED UPON AT SAID ELECTION; DESIGNATING THE POLLING PLACE AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTIONS; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. * * * * * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. Special Election: Charter Amendment. It is hereby ordered that a Special Election be held in the City of Friendswood, Texas, on the 9th day of May 2009, at which election there shall be submitted to the resident qualified voters of said City, for their action thereon, a proposition for a certain proposed amendment to the existing Charter of the City of Friendswood. Such proposed amendment is as follows: PROPOSED AMENDMENT NO. 1 Section 4.01(a) of Article IV of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 4.01. City Manager. (a) Appointment and qualifications: The Council by majority vote of the entire Council shall appoint a City Manager. The method of selection shall be left to the discretion of the City Council so long as the method insures [ensures] orderly, nonpartisan action toward securing a competent and qualified person to fill the position. The City Manager shall be chosen solely upon the basis of his/her executive and administrative training, experience and ability and need not when appointed be a resident of the City of Friendswood; however, the City Council may determine and impose a residency requirement as a condition of employment. The City Manager shall be bonded at City expense in an amount of not less than $10,000.00." Section 2. Ballot/Proposition. The ballot for the Special Election on said proposed amendment to the Charter shall conform to the requirements of the TExAS ELECT�oN CoDE, as amended, and on such ballot shall appear a proposition corresponding to the proposed Charter amendment set forth above in Section 1, with the provision on such ballot permitting voters to vote "For"or"Against"on the proposition. Such proposition shall provide as follows: PROPOSITION NO. 1 Shall Section 4.01(a) of Article IV of the Charter of the City of Friendswood, Texas, which provides for the appointment and qualifications of the City Manager, be amended to provide that the City Council may determine and impose the requirement that the City Manager reside within the City during his/her tenure, as a condition of employment? Section 3. Polling Places: Election Officials. Said election shall be held in each of the election precincts within said City and the polling places and election officials for each of said precincts shall be as follows: Election Precinct Nos.456, 457, 460,461,462,483,484, and 485: Boundaries the same as those portions of Galveston County Election Precinct 456,457, 460, 461, 462, 483, 484, and 485, lying within the City limits of the City of Friendswood. Election Precinct Nos. 378, 474, and Part of Election Precinct No. 655: Boundaries the same as those portions of Harris County Election Precinct 378, 474, and part of Election Precinct No. 655, lying within the City limits of the City of Friendswood. Pollin Place: Friendswood City Hall 910 South Friendswood Drive Friendswood, Texas Election Officers: Karen Van Auken, Presiding Judge R2009-06 2 Lynette Burns, Alternate Judge Central Counting Station: Presiding Judge: R.J. Blanken Manager: Deloris McKenzie Tabulation Supervisor: Melinda Welsh Clerks: Sharon Parks Michelle Perez Amber Maurer The City Secretary is hereby authorized and directed to provide a copy of this Resolution to the judge as written notice of his or her appointment, as required by Section 32.009 of the TEXAS ELECTION CODE. The Presiding Judge shall have the authority to appoint qualified voters as clerks to assist in the holding of said election, but in no event shall the Presiding Judge appoint less than two (2) clerks. Section 4. Early Voting. Ms. Deloris McKenzie, City Secretary, is hereby appointed clerk for early voting; appointments by the City Secretary of deputy clerks for early voting shall be in accordance with Section 83.031 et seq., of the TExAS ELECT�oN CoDE and the City Hall 910 South Friendswood Drive Friendswood, Texas 77546 is hereby designated as the place for early voting for said election. Other than official state or federal holidays, and except as provided below, said clerks shall keep said office open for early voting for at least ten (10) hours, that is, from seven-thirty o'clock (7:30) a.m. until five-thirty o'clock (5:30) p.m., on Monday through Thursday, Apri127 through April 30, 2009, and Friday, May O1, 2009, for at least twelve (12) hours, that is from seven o'clock (7:00) a.m. until seven o'clock (7:00) p.m., on Monday, May 04, 2009, for at least ten (10) hours, that is from seven- R2009-06 3 thirty o'clock (7:30) a.m. until five-thirty o'clock (5:30) p.m. and May O5, 2009, for at least twelve (12) hours, that is from seven o'clock (7:00) a.m. until seven o'clock (7:00) p.m., beginning on the twelfth (12th) day and continuing through the fourth (4th) day preceding the date of said election. Provided, however, said clerks shall keep said office open for extended early voting on Saturday, May 02, 2009, for at least nine (9) hours, that is from eight o'clock (8:00) a.m. until five o'clock (5:00) p.m. Said clerks shall not permit anyone to vote early by personal appearance on any day that is not a regular working day for the clerk's office or as ordered, and under no circumstances shall they permit anyone to vote early by personal appearance at any time when such office is not open to the public. The above-described place for early voting is also the early voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent. The early voting clerk, in accordance with the provisions of the TExas ELECT[oN CoDE, shall maintain a roster listing each person who votes early by personal appearance and each person to whom an early voting ballot to be voted by mail is sent. The roster shall be maintained in a form approved by the Secretary of State. Section 5. Karen Van Auken is hereby appointed as Presiding Judge of the Early Voting Ballot Board. In accordance with Section 87.001 et seq., of the TEXAS ELECTION CODE, said presiding judge shall appoint at least two (2) other members to said Board, and shall process early voting results in accordance with said TExAS ELECT�otv CoDE. Section 6. 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 7. Except as provided below, the voting at such election shall be by optical scan paper ballot. Early voting by personal appearance at such election shall be by optical scan R2009-06 4 paper ballot; early voting by methods other than by personal appearance shall be by optical scan paper ballot. In addition, Direct Recording Electronic (DRE) voting machines shall be available for early voting and for voting on election day. All expenditures necessary for the conduct of said election and the purchase or rental of materials or equipment therefor is hereby authorized. Section 8. Notice of the election ordered hereby shall be given in accordance with the provisions of the TExAS Er.ECTioN CoDE and returns of such notice shall be made as provided for in said Code. The Mayor shall issue all necessary orders and writs far such election, and returns of same shall be made to the City Secretary immediately after the closing of the polls. Section 9. Said election shall be held in accordance with the TE�,s ELECT�oN Co�E and the Federal Voting Rights Act of 1965, as amended. PASSED,APPROVED,AND RESOLVED this 12th day of Januarv,2009. vid J. H. Smith Mayor ATTEST: �' � F R�ElyO ' �O t9'� � , O D loris McKenzie, TRM v o City Secretary * * � �4r� OF "�� R2009-06 5 _ __ _ _ _ _