HomeMy WebLinkAboutOrdinance No. 2012-11 r_ (Title: Ordering a City Election to be held on May 12,2012)
ORDINANCE NO.2012-11
AN ORDINANCE OF THE CITY COUNCIL OF
FRIENDSWOOD CALLING FOR THE HOLDING OF A
GENERAL ELECTION ON MAY 12, 2012, FOR THE
PURPOSE OF ELECTING A MAYOR AND TWO (2)
COUNCILMEMBERS, (POSITION NUMBERS 1 AND 3);
ORDERING A RUNOFF ELECTION ON JUNE 16, 2012, IF
NECESSARY; AND A SPECIAL ELECTION FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED
ELECTORS OF THE CITY OF FRIENDSWOOD, TEXAS;
12 CHARTER AMENDMENTS PRESENTED BY THE
FRIENDSWOOD CHARTER REVIEW COMMISSION AND
APPROVED BY CITY COUNCIL; AND MAKING OTHER
PROVISIONS RELATED TO THE SUBJECT. i
WHEREAS, the City Council of the City of Friendswood, Texas, adopted Resolution
No. R2012-03 on February 06, 2012, ordering a general municipal election to be held on May
12, 2012, for the purpose of electing a Mayor and two (2) Councilmembers (Position Numbers I
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and 3) which is incorporated herein with the addition of inclusion of propositions for twelve (12)
proposed Charter amendments; and
WHEREAS, in accordance with the laws of the State of Texas, on the 12th day of May,
2012, a Special Election shall also be held to vote for or against 12 charter amendments as
proposed by the Friendswood Charter Review Commission in its final report submitted at the
January 09, 2012, City Council meeting and a General Election to elect a Mayor and tw6
Councilmembers; and j
WHEREAS, the Friendswood City Council wishes to proceed with the ordering of such
election and the City Council has determined that holding such election is in the public interest;
and
WHEREAS,the laws of the State of Texas further provide that the Election Code (Code)
of the State of Texas is applicable to all municipal elections and in order to comply with said
Code, an ordinance should be passed establishing the procedures to be followed and in
designating the voting place(s)for the May 12, 2012 election;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FRIENDSWOOD, STATE OF TEXAS:
Section 1. General Election; Officers and Propositions. In accordance with the
general laws and Constitution of the State of Texas, a General Municipal Election is hereby called
and ordered for the second Saturday in May 2012, the same being the 12'h day of said month, ati
which election all qualified voters of the City may vote for or against the 12 Charter amendments'
presented by the Friendswood Charter Review Commission and to vote for the purpose of electing
the following officials of the City:
Mayor
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Councilmember,Position No. 1
Councilmember,Position No. 3
Section 2. Placement on Official Ballot. No person's name shall be placed upon the
official ballot as a candidate for any of the above-mentioned Council positions unless such
persons have filed his or her sworn application, as provided by Section 141.031 of the TEXAS
ELECTION CODE, with the City Secretary of the City at the City Hall, located at 910 South
Friendswood Drive, Friendswood, Texas 77546, not later than five o'clock (5:00) p.m. on the
sixty-eighth(68t') day before the date of such election, such date being March 5, 2012. The City
Secretary shall note on the face of each such application the date and time of its filing. Such
application shall include the number of the position the candidate is seeking. The specific ballot
language for the propositions for Charter amendments shall be as described on Exhibit A,
Ord 2012-11 2
attached hereto with provision to vote "FOR" or "AGAINST" each proposition. The City
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Council estimates there will be no anticipated fiscal impact to the City if the proposed
amendments are approved at this election, as provided under Section 9.04(c)(2) of the Texas
Local Government Code.
Section 3. Order on Ballot. The order in which the names of the candidates are to
be printed on the ballot in said General Election shall be determined by a drawing by the City
Secretary, as provided by Section 52.094 of the TEXAS ELECTION CODE. The City Secretary
shall post a notice in her office, at least seventy-two (72) hours prior to the date on which the
drawing is to be held, of the time and place of the drawing, and shall also give personal notice tol
any candidate who makes written request for such notice and furnishes to the City Secretary a
self-addressed, stamped envelope. Each candidate involved in the drawing, or a designated
representative, shall have a right to be present and observe the drawing.
Section 4. Determination of Ballots. The candidates receiving a majority of votes
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for the position to be filled at such election shall be declared elected. Likewise, the
determination of the Charter Propositions, as referenced in Exhibit A, shall be determined by
majority vote as "For" for"Against".
Section 5. Runoff Election. If no candidate for any office shall receive a majority of all
votes cast for such office at such election as required by the City's home-rule Charter, a runoff
election between the two (2) highest vote-getters for such office shall be held on Saturday, June
16, 2012, (the"Runoff Election"), as permitted by the TEXAS ELECTION CODE.
Section 6. Joint Election. Said election shall be a joint election conducted in
accordance with the "Joint Election Agreement" by and between the City and the Galvest n
County Consolidated Drainage District(GCCDD), executed on February 18, 2008.
Ord 2012-1 I 3'
The joint election provided for in this Resolution shall be held at Friendswood City Hall,
which shall be the polling place designated by the City Council for GCCDD elections within the
relevant precincts as established by Galveston County Commissioners Court:
The City will provide for staffing for the conduct of Early Voting to be held at City Hall
and provide for the appointment of all election workers for Election Day. GCCDD will provide
a representative at the Central Counting Station on election night to receive the unofficial
tabulation of said election.
Section 7. Polling Places; Election Officials. Said election shall be held in each of
the election precincts within said City and the polling place 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 Nos. 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 Nos. 378, 474, and part of Election Precinct
No. 655, lying within the City limits of the City of
Friendswood. i
GCCDD Precincts:
Election Precinct Nos.456,457,
460,461,462,483, 484, 485,220,
4019 402 and 482: Boundaries the same as those portions of Galveston County
Election Precinct Nos. 456, 457, 460, 461, 462, 483, 484,
485, 220, 401, 402 and 482, lying within the boundaries of
the Galveston County Consolidated Drainage District.
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PollingPlace:lace: Friendswood City Hall
910 South Friendswood Drive
Friendswood,Texas 77546
Election Officers: Karen Van Auken,Presiding Judge
Ord 2012-11 4
Luann Erickson,Alternate Judge
Central Counting Station:
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Presiding Judge: Eileen Mehnert
Manager: Melinda Welsh
Tabulation Supervisor: Michelle Perez
Clerks: Sharon Parks
Lisa McNelley
Dawn King
The City Secretary is hereby authorized and directed to provide a copy of this Ordinance
to each judge as written notice of his or her appointment, as required by Section 32.009 of they
TEXAS ELECTION CODE.
The Presiding Judge shall have the authority to appoint qualified voters as clerks to assist
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in the holding of said election, but in no event shall the Presiding Judge appoint less than two (2)'
clerks.
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Section 8. Early Voting Clerks. Mary DeLay, Linda Thornton, and Lynette Bums
are hereby appointed clerks for early voting; appointments by the City Secretary of deputy clerks
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for early voting shall be in accordance with Section 83.031 et seq., of the TEXAS ELECTION COD
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, beginning on the twelfth (12a`) and continuing through the fourth (4th) day preceding th
date of said election, 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, April 30 through May 03, 2012,
for twelve (12) hours, that is, from seven o'clock (7:00) a.m. until seven o'clock (7:00) p.m., on
Ord 2012-11 5
Friday, May 04, 2012, on Monday, May 07, 2012, 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., and on Tuesday, May 08, 2012, for
at least twelve (12) hours, that is, from seven o'clock (7:00) a.m. until seven o'clock (7:00) p.m.
Provided, however, said clerks shall keep said office open for extended early voting on Saturday,
May 05, 2012, 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, and under no circumstances shall they,
permit anyone to vote early by personal appearance at any time when such office is not open toj
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 ELECTION CODE, shall maintain a roster,
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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
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the Secretary of State.
Section 9. Appointment of Presiding Judge —Early Voting. Karen Van Auken is
hereby appointed as Presiding Judge of the Early Voting Ballot Board. In accordance with
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Section 87.001 et seq., of the TExAs ELECTION CODE, said presiding judge shall appoint at least
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two (2) other members to said Board, and shall process early voting results in accordance with
said TEXAS ELECTION CODE.
Section 10. Governing Law. Said election shall be held in accordance with the
Constitution and laws of the State of Texas, and the City Charter and all duly qualified resideit
electors of the City of Friendswood,Texas, shall be entitled to vote.
Ord 2012-11 6
Section 11. Joint Election Agreement — Supplies. In accordance with the Joint ,
Election Agreement, the City Secretary is hereby authorized and directed to furnish all necessary
election supplies to conduct such election.
Section 12. Voting Equipment. Except as provided hereafter, the voting at such
election shall be by Direct Recording Electronic (DRE) voting machines. Early voting by
methods other than by personal appearance shall be by optical scan paper ballot. All
expenditures necessary for the conduct of said election and the purchase or rental of materials or
equipment therefore is hereby authorized.
Section 13. Notice. Notice of the election ordered hereby shall be given in accordance
with the provisions of the TExas ELECTION CODE and returns of such notice shall be made as
provided for in said Code. The Mayor shall issue all necessary orders and writs for such
election, and returns of same shall be made to the City Secretary immediately after the closing of
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the polls.
Section 14. Canvass of the May 12,2012 Election.
City Council, as the canvassing authority of this election, shall canvass the returns at its
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scheduled meeting to be held on May 21, 2012, at 7:00 p.m. At the completion of the canvass',
the Mayor shall deliver the returns and tally lists used in the canvass to the City Secretary; and;
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the City Secretary shall preserve them for a period in accordance with law.
Section 15. Notice.
It is further found and determined that in accordance with the order of this governing
body the City Secretary posted written notice of the date,place and subject of this meeting on th�
bulletin board located in the City Hall, a place convenient and readily accessible to the general
Ord 2012-11 7
public, and such notice having been so posted and remaining posted continuously for at least
seventy-two (72)hours preceding the scheduled time of such meeting.
Section 16. Said election shall be held in accordance with the TExAs ELECTION CODE
and the Federal Voting Rights Act of 1965, as amended, and all related laws.
PASSED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS
PROVIDED FOR BY SECTION 3.11(B) OF THE CITY CHARTER OF FRIENDSWOOD
this 5th day of March,2012.
David J H. 'mith
Mayor
ATTEST:
FReFIyO
O
� rXS b L
V O
Melinda Welsh, TRMC ,t
City Secretary
sA9'F of tE�
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Ord 2012-11 8
EXHIBIT A
CHARTER AMENDMENT PROPOSITION 1
"Shall Section 1.04, "Glossary of Terms," be amended to correct the definition of
"Department Head" to state "Director" instead of the erroneous term "City Manager," as the
person appointed by the City Manager or City Council for a particular Department of the City,
and to allow moving and renumbering this entire Section as Section 1.00?"
() For
() Against
See. 1.00[4].-Glossary of Terms.
For the purposes of this Charter, the following words or terms shall have the meanings ascribed
thereto, except when the context clearly indicates otherwise:
City shall mean the City of Friendswood, Texas, a home rule municipal corporation located in
Galveston and Hams Counties,Texas.
City Council shall mean the governing body of the City, which includes the Mayor and each)
individual Council Member. When used in this Charter, the term "Council" shall also mean the City
Council.
-- City Manager shall mean the person appointed by the City Council pursuant to this Charter as the
City Manager.When used in this Charter,the term "Manager" shall also mean the City Manager.
Department Head shall mean the individual appointed by the City Manager or City Council, as
appropriate, as the [Q... r] Director for a particular Department of the City. The ter
"Director," as used in this Charter, is synonymous with the term Department Head.
Officer shall mean an individual holding an appointive or elective City Office who, individually
or in concert with others, acts on behalf of and as an agent of the City, and whose duties are discretionary,
rather than advisory. Boards and commissions exercising discretionary authority shall be designated
such by City Council.
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CHARTER AMENDMENT PROPOSITION 2
"Shall Section 2.06, "Tort liability," be deleted in its entirety and replaced by a new
Section 2.06 entitled "Limitation of liability for damages," to update this Section in conformity
with the Texas Tort Claims Act and law, and to provide provisions for sufficient notice to the'
City of claims that may be made against it?"
O For I
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() Against
Sec.2.06.—Limitation of Liability for damages.
In order to provide the city with the opportunity to investigate an alleged claim while facts are fresh
and conditions remain substantially the same, enabling the city to guard against unfounded claims,
to settle claims, and to prepare for trial; before the City shall be liable for damages for personal =
injuries of any kind,or for injuries to or destruction of property of any kind,the person iniured,or
the owner of the property injured or destroyed, if living, or his/her representatives, if deceased, or
his/her agent or attorney, shall give the City Manager notice in writing of such iniury or
destruction, duly verified under oath, within 100 days after the same has been sustained, (absent
claimant providing a proper showing of why such notice could not be provided within such time),
stating in such written notice in detail when and how the injury or destruction occurred, the city's
alleged or possible fault producing or contributing to the injury, the apparent extent of damage
thereof, the amount of all damage sustained, the amount for which claimant will settle, the actual
residence of the of the claimant, the actual residence of such claimant for 6 months immediately
preceding the occurrence of such injuries or destruction, and the names and addresses of all the
witnesses upon whom he/she relies to establish the claim. No action shall be brought against the
City for such claims prior to the expiration of 80 days after the notice hereinbefore described has
been filed with the City Manager, absent a showing of good cause for the failure to provide timely
notice as provided herein. The failure to notify the City Manager within the time and manner
specified herein, (which time for notice shall in no event ever exceed six(6) months from the date of
the alleged incident), shall exonerate, excuse and exempt the City from any liability whatsoever
unless otherwise provided by law
Sec.2.06.-Toi4 liability.
Before the Gity shall be liable fer-damages fiar the death or personal injuries of any person or for da
), kind, whieh does not eeiistiMe a taking or dafn ging of p
`� titui en F the Qb.t F Tev.... fT.,., h....,.t ..-t 1 C 1 Ol N,e .. A 'F
'v'$ocr arti6le 1�� �. EBziE ,orr-vizrs�oiasv-vr-rvrtasriexc�nst. erson i lured,i
agent
where,damaged or destfoyed shall give the City Manager- er Gity SeeretM, fieti8e ifi IATiti g Of SHeh deal)
ii&3-, damage ar- destFuefieft, duly ver-ified by affidevit, within 90 days after sa-Me hnq been q-1st
and dafn e or
e
death,eeeuffed, and the apparent extent of any sueh injuFy, the anieunt ef damages sustained, the aetual
YASidgRep of the ele-knant by street and number at the date the elaim is presented, the aetual residen
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the City Manager or the Gib, .c,EEretM, After the i-ratian Ra the n0 a.,.... a ;.reme,tie ned .h
mY.uaaau
.. ..nt me then have t.. v.o years in hiGh to brhig aft aetian of law.
w
CHARTER AMENDMENT PROPOSITION 3
"Shall Section 3.05, "Mayor and Mayor Pro Tem" be amended to provide for
clarification and flexibility regarding the time of appointment of the Mayor Pro Tem at the next
regular City Council meeting following the canvass of election returns or as soon thereafter as
practical?"
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() For
() Against
Sec.3.05.-Mayor and Mayor Pro Tem.
The Mayor shall be the official head of the City government.He/she shall be the chair and shall preside at
all meetings of the City Council, shall have an equal vote with each Councilmember on every proposition
before the City Council, but shall have no power of veto. The Mayor shall see that all resolutions of the
City Council are faithfully obeyed and enforced. He/she shall,when authorized by the City Council, sign
all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats,
contracts and bonds. He/she shall appoint special committees as he/she deems advisable and/or as
instructed by City Council. He/she shall perform such other duties consistent with this Charter or as may
be authorized or directed by City Council.
The Mayor Pro Tern shall be a Councilmember elected by the City Council at the [ irsWnext regular City
Council meeting following the canvassing of returns and declaring of results of each regular City election
or as soon thereafter as practical. The Mayor Pro Tem shall act as Mayor during the disability or
absence of the Mayor, and in this capacity shall have the rights and duties conferred upon the Mayor.
CHARTER AMENDMENT PROPOSITION 4
"Shall Section 3.09, "Meetings of the City Council" be amended to provide more
flexibility for City Council in establishing the days and times of its regular meetings, by deleting
the requirement that this be accomplished solely by resolution?"
() For
O Against
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Sec.3.09.-Meetings of the City Council.
The City Council shall hold at least one regular meeting each month. Except during declared
emergencies, all regular meetings of the City Council shall be held within the corporate limits of the City!
The City Council shall establish ', by -eselu"o-,' the days and times of its regular meetings. The City
Council may hold special meetings as it deems necessary and appropriate, which may be called by the
Mayor or by four members of the City Council. In no event shall any meeting of the City Council,regular,
or special,be held in any facility or at any location which is not readily accessible to the general public.
CHARTER AMENDMENT PROPOSITION 5
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"Shall Section 3.10 "Rules of Procedure"be amended to provide more clarification of the
citizens' opportunity to be heard before Council on any matter, and not just those matters under
consideration?"
() For
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() Against
Sec.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,including but not
limited to, those matters [in regard to any matte ] 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 be by roll call if requested by the Mayor or any Councilmember, and
the ayes and nays shall be recorded in the minutes. Four members of the Council shall constitute a
quorum for the 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. The Mayor and each Councilmember shall be entitled to an equal vote on all matters before the
City Council. (See Section 3.01.)
CHARTER AMENDMENT PROPOSITION 6
"Shall Section 3.11, "Ordinances in general,"be amended for more efficiency, to provide
that majority approval of City Council is required for obtaining City Attorney approval as to the
form of a proposed Ordinance?"
() For
() Against
CHARTER AMENDMENT PROPOSITION 7
"Shall Section 3.11, "Ordinances in general,"be amended to allow for more efficiency, to
provide that Ordinances shall be furnished to the City Council, posted and made available to the
public at least 72 hours prior to first reading or amendment thereto instead of one week, as
currently provided?"
() For
() Against
CHARTER AMENDMENT PROPOSITION 8
"Shall Section 3.11, "Ordinances in general," be amended, to allow for more efficiency)
to provide a reduction in the time elapsing between required readings of Ordinances, to provide
for at least one (1) week between such readings, instead of the current requirement that there be
at least two (2)weeks between readings?"
() For
() Against
Sec.3.11.-Ordinances in general. `
(a) Form: The Council shall legislate by ordinance only, and the enacting clause of every ordinance
shall be, 'Be It Ordained by the City Council of the City of Friendswood, State of Texas."Each proposed
ordinance shall be introduced in the written or printed form required for adoption. No ordinance shall
contain more than one subject, which shall be clearly expressed in its title, but general appropriation
ordinances may contain various subjects and accounts for which monies are to be appropriated. After
adoption, an ordinance shall not be amended or repealed except by the adoption of another ordinance
amending or repealing the original ordinance. Except when an ordinance is repealed in its entirety, the
amendatory or repealing ordinance shall set out in full the ordinance, sections, or subsections to be
amended or repealed, and shall indicate matter to be omitted by enclosing it in brackets and shall indicate
new matter by underscoring.
(b) Procedure: Any member of Council may offer any ordinance on the agenda for consideration [in
wi4ting that he/she desir-es after-it has been approved by the City Attorney as to foFM and has
A majority of Council must be obtained before
forwarding to the City Attorney for approval as to form. Copies of the proposed ordinance, in the
form required for adoption, shall be furnished to members of Council at least 72 hours [a minimum of
one wee!} before first reading [adoption]. Copies of the proposed ordinance, in the form required for
adoption, shall be posted at the City Hall and at least one other public place as shall be designated by
ordinance and shall be furnished to citizens,upon request to the City Secretary, beginning 72 hours [one
wee!] before first reading {adoption} and, if amended, shall be posted and furnished in the amended
form beginning 72 hours [one weer]prior to the next reading and for as long as the proposed ordinance
is before Council. 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 City Attorney shall review all proposed ordinances prior to adoption and shall make any suggestions
and/or objections to the said ordinance in writing to the City Council.
A proposed ordinance shall be read at two regular Council meetings, with at least [two] one weeks]
elapsing between readings. However, the requirement of reading an ordinance at two regular Council,
meetings with at least [two] one weeks] elapsing between readings shall not apply to ordinances relating•
to the adoption or amendment of a budget, the assessment, levy, or collection of taxes, the calling of ari
election, or the canvassing of the returns and declaration of results of an election, the incurring of
indebtedness, including, specifically, the issuance or sale of bonds or certificates of obligation, the
development or improvement of a street, or an emergency if so declared by Council. An ordinance
requiring two readings shall be deemed rejected if approval on second reading is not obtained within 96
days of the date approval on first reading is obtained.
(c) Effective date: Every ordinance shall become effective upon adoption, or at any later time
specified in the ordinance, except that if an ordinance provides a penalty, fine or forfeiture for violation;
no person shall be liable for any such penalty, fine or forfeiture until the caption and the offense and
penalty clauses of the ordinance have been published in the official City Newspaper as required bylaw.
(d) Reading.The reading aloud of the title of the ordinance shall suffice as a reading,provided copies
of the ordinance, in the form required for adoption, are in front of all members of Council and a
reasonable number of additional copies are available to citizens present at the meeting. If four
Councilmembers request that the ordinance be read in its entirety, it must be so read.
CHARTER AMENDMENT PROPOSITION 9
"Shall Section 3.14, "Authentication and recording, codification,printing"be amended t
allow the Council, without approval of the voters, to adopt an ordinance that provides only for
non-substantive revisions/reorganizations in the Charter? Currently there is no provision that
allows Council to correct errors in spelling, cross-references, punctuation or numbering of
Articles or Sections in the Charter without approval of the voters."
() For
() Against
Sec.3.14.-Authentication and recording,codification,printing.
(a) Authentication and recording: The City Secretary shall authenticate by his/her signature and
record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by
the Council. All ordinances shall be numbered numerically and consecutively in the order in which
adopted.This record shall be open for public inspection.
(b) Codification: Within one year after adoption of this Charter and at least every ten years thereafter,
the Council shall provide for the preparation of a general codification of all general ordinances of the
City. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment
to the Code. For the purposes of this section, general ordinances shall be deemed to be those ordinances
of a permanent or continuing nature which affect the residents of the City at large. The codification shall
be adopted by the Council by ordinance and shall be published promptly in bound or looseleaf form,
together with this Charter and any amendments thereto, pertinent provisions of the constitution and other
laws of the State of Texas, and such codes of technical regulations and other rules and regulations as the
Council may specify. This compilation shall be known and cited officially as the Friendswood City Code
and shall be in full force and effect without the necessity of such Code or any part thereof being published
in any newspaper. The caption, descriptive clause, and other formal parts of the ordinances of the City
may be omitted without affecting the validity of such ordinances when they are published as a Code.
Copies of the Code shall be furnished to City Officers, placed in libraries and public offices for free
reference and made available for purchase by the public at a reasonable price fixed by the Council.
(c) Printing of ordinances and resolutions: The Council shall cause each ordinance and each
amendment to this Charter to be printed promptly following its adoption, and the printed ordinances and
Charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the
Council. Following publication of the first Friendswood City Code and at all times thereafter, the
ordinances and Charter amendments shall be printed in substantially the same style as the Code currently
in effect and shall be suitable in form for integration therein. The Council shall make such further
arrangements as it deems desirable with respect to reproduction and distribution of any current changes in
or additions to the provisions of the constitution and other laws of the State of Texas, or the codes of
technical regulations and other rules and regulations included in the Code.
(d) The City Council may, without approval of the voters, adopt an ordinance that corrects
errors in spelling, cross-references, punctuation, non-substantive revisions/reorganizations or
numbering of Articles or Sections in the Charter.A revision ordinance adopted under this section is
not intended to and shall not to be interpreted as authorizing any substantive change, in any
Charter provision.
CHARTER AMENDMENT PROPOSITION 10
"Shall Section 4.01, "City Manager," be amended to provide for a supermajority of City
Council to appoint or remove the City Manager, instead of the current provision requiring only a
majority vote, and to correct existing typographical/grammatical errors in this Section?"
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O For
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()Against
Sec.4.01.-City Manager.
(a) Appointment and qualifications: The Council by supermajority 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 [insares} 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.
(b) Compensation: The City Manager shall receive compensation as may be fixed by the Council
according to his/her experience, education and training. The compensation should be agreed upon before
appointment with the understanding that the Council may change it at [their}its discretion.
(c) Term and removal: The City Manager shall not be appointed for a definite term but may be
removed at the discretion of the Council, by vote of the supermajority of the entire Council.The action of
the Council in suspending or removing the City Manager shall be final. It is the intention of this Charter
to vest all authority and fix all responsibilities of such suspension or removal in the Council.
(d) Powers and duties: The City Manager shall be responsible to the Council for the proper
administration of all the affairs of the City and to that end shall have the power and be required to:
(1) See that all State Laws and City Ordinances are effectively enforced.
(2) Appoint, suspend or remove all or any one of the Directors of Departments with the concurrence
of the Council.
(3) Attend all meetings of the Council except when excused by Council.
(4) Prepare the budget annually and submit it to the Council and be responsible for its administration.
after its adoption.
(5) Prepare and submit to the Council at the end of the fiscal year a complete report on the finances
and administrative activities of the City for the preceding year.
(6) Keep the Council advised of the financial condition and future needs of the City and make such
recommendations as may seem to him/her advisable.
(7) Perform such duties as may be prescribed by this Charter or required of him/her by the Council,
as consistent with this Charter.
(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/her 0. 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.
CHARTER AMENDMENT PROPOSITION 11
"Shall Section 6.02, "Filing for Office," be amended to increase the amount from $10 to
$50 for the required amounts of disclosure of candidates for elective office, with such disclosure
to include fees, salaries or gifts received from companies or individuals under contract with the
City during the 12 months prior to filing for public office, as well as correcting
typographical/grammatical errors in this Section?"
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O For i
O Against
Sec.6.02.-Filing for Office.
(a) Eligibility to file: Each candidate for an elective City Office shall meet the following
qualifications:
(1) Shall be a qualified voter of the City.
(2) Shall have resided for at least twelve (12) months preceding the election within the corporate
limits of the City, including territory annexed prior to the filing deadline.
(3) Shall be at least 21 years of age.
(4) Shall meet the requirements for sponsors stipulated in section 6.02(b)below.
(5) If an incumbent seeks a different elected office or elected position of the City other than that
which he/she then holds, he/she 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. Unless otherwise prohibited by
operation of law or this Charter, such incumbent shall hold over in the office or position subject to
resignation until his/her successor qualifies therefor, or until such incumbent qualifies for the different
office or position sought,whichever first occurs.
(6) No candidate may file for more than one office or position number per election.
(7) No Employee or person holding a City appointive office of emolument shall continue in such
position after becoming a candidate for an elective office.
(b) Procedure and schedule for filing: Any qualified voter of the City may be nominated for an
elective office by petition of not less than the greater of 25 registered voters or one-half of one percent
(.5%) of the total vote received in the City for the office of Mayor in the most recent Mayoral general
election. No voter shall sign more than one petition for a particular office or position number; if a voter
signs more than one, his{/her signature shall be void except as to the first filed of the petitions signed by
him[/her]. The signatures shall be executed in ink or indelible pencil. Each signer shall indicate next to
his{/her signature the date of his{/her signing and the place of his /her residence. The signed petition
shall be filed with the City Secretary not earlier than 90 days prior to the election date for which such
petition would apply, or later than the normal posted close of business for the office of the City Secretary.
on the last day for which applications for candidacy may be filed for such election under applicable
provisions of the Texas Election Code.
(c) Certification of petition: Within five days after the filing of a nominating petition the City
Secretary shall notify the candidate whether or not the petition satisfied the requirements prescribed by
this Charter. If a petition is found insufficient, the City Secretary shall return it immediately to the
candidate with a statement certifying wherein it is insufficient. Within the regular time for filing petitions;
a new petition may be filed by the same candidate. The City Secretary shall keep on file all petitions
found sufficient at least until the expiration of the term of which the candidates are nominated in those
petitions.
(d) Public disclosure: Candidates shall file with the City Secretary 21 days prior to day of election a
financial disclosure statement containing the following information. This should include informatio
pertaining to the candidate,his[/her] or her spouse and dependent minor children.
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(1) List of all property owned or held in trust within the City limits and extraterritorial jurisdiction o I f
the City.This list should include location(address), size(general dimensions)and current use.
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(2) List of all fees, salaries or gifts of value exceeding $[-1]50.00 received from companies or
individuals under contract with the City during the 12 months prior to filing for public office.
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(3) Ownership of any stock in companies under contract to the City when such stock comprises
greater than two percent of the company's total outstanding stock.
CHARTER AMENDMENT PROPOSITION 12
"Shall Section 11.02, "Official newspaper" be amended to provide for designation
biennially by City Council of the official newspaper instead of the current provision requiring an
annual contract/designation?"
() For
O Against
See. 11.02.-Official newspaper.
The Council shall biennially designate [e0HtFftet aftHURRY With, and by resolution designatej] a public
newspaper of general circulation in the City as official Publication thereof, and to continue as such until
another is designated, and shall cause to be published therein all ordinances, notices and other matters
required by this Charter, by the ordinances of the City, or by the [e]Constitution and/or laws of the State
of Texas to be published. I
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END OF BALLOT j
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