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HomeMy WebLinkAboutResolution No. 2012-12 RESOLUTION NO. 2012-12 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, CANVASSING THE RETURNS OF TH� MAY 12, 2012, CITY OF FRIENDSWOOD SPECIAL ELECTION AND INSTRUCTING THE MAYOR TO CERTIFY THE RESULTS OF TAE ELECTION TO THE APPROPRIATE STATE AND FEDERAL OFFICIALS. % X X % !t I[ X % X X Whereas, on May 12, 2012, there was held within and tlu•oughout the territory of the � City of Friendswood, Texas (the "City") an election (the "Election), to provide for the registered voters of the City to vote on separate propositions for the amendment of the CiTy Charter, a copy of a sample ballot being attached hereto as Exhibit "A" and appearing from the returns duly and legally made, there were cast at the Election 3,766 ballots. Each voter received one (1) ballot for the propositions from which each of the propositions received the following number of votes: PROPOSITION NO. 1 For 2,885 Against 571 I PROPOSITION NO. 2 Far 2,896 Against 527 PROPOSITION NO. 3 For 2,743 Against 686 II PROPOSITION NO. 4 For 2,363 Against 1,077 PROPOSITIONNO. S For 2,945 Against 538 j PROPOSITION NO. 6 For 2,712 Against 689 PROPOSITION NO. 7 For 2,166 Against 1,268 '' PROPOSITIONN0. 8 For 2,145 Against 1,276 �I PROPOSITION NO. 9 For 2,496 Against 908 I PROPOSITIONNO. 10 For 2,227 Against 1,158 � PROPOSITION NO. 11 For 2,496 Against 911 , PROPOSITION NO. 12 For 2,473 Against 877 I I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRI�NDSWOOD, TEXAS: Section 1. The facts set forth in the preamble of this Resolution are true and correct. Section 2. The Election was duly called, Notice of the Election was given in accordance with law, and the Election was held in accordance with law. Section 3. The City Council has examined such returns and opened and canvassed the votes of such election. Section 4. The following proposed Propositions for the amendment to the City Charter of the City of Friendswood, Texas were voted "FOR"by a greater number of voters who voted "AGAINST" the proposed Propositions and, therefore, these amendments are declared adopted and the City Chai�ter shall be changed to reflect these approved amendments: PROPOSITION 1 Amend Section 1.04 of the City Chai�ter entitled "Glossaty of Terms" to correct the definition of "Department Head" to state "Director" instead of the eironeous term "City Manager," as the person appointed by the City Manager or City Council for a particular Depai�tment of the City, and to allow moving and renumbering this entire Section as Section 1.00, so that Section 1.04 shall now be numbered Section 1.00 and hereafter read as follows: Sec. 1.00. - Glossary of Terms. I For the purposes of this Charter, the following words or teims shail have the meanings ascribed thereto, except when the context clearly indicates otherwise: II Ciry shall mean the City of Friendswood, Texas, a home rule municipal corparation , located in Galveston and Hairis 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 tei7n "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 Managen When used in this Charter, the term "Manager" shall also mean the ' City Manager. ', R2012-12 2 Depm�bnent Head shall mean the individual appointed by the City Manager or City Council, as appropriate, as the Director for a particular Department of the City. The term "Director," as used in this Charter, is synonymous with the term Department Head. Offtcer 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 autharity shall be designated as such by City CounciL PROPOSITION 2 Amend Section 2.06 of the City Charter entitled "Tort Liability," by deleting it in its entirety and replacing it with a new Section 2.06 entitled "Limitation of Liability for damages," to update this Section in conformity with the Texas Toi�t Claims Act and law, and to provide provisions for sufficient notice to the City of claims that may be made against it, so that Section 2.06 shall hereafter be entitled and read as follows: Sec. 2.06.—Limitation of Liability for damages. ' In order to provide the city with the oppoi�tunity to investigate an alleged claim while facts are fresh and donditions remain substantially the same, enabling the city to guard against unfounded claims, to settle claims, and to prepare far 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 I kind, the person injured, or the owner of the property injured or destroyed, if living, or his/her representatives, if deceased, or his/her agent or attoiney, shall give the City Manager notice in writing of such injury 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 � destiuction occuned, 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 occunence of such injuries or destruction, and I, 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 � R2012-12 3 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. PROPOSITION 3 Amend Section 3.05 of the City Charter entitled "Mayor and Mayor Pro Tem" in order 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 retuins or as soon thereafter as practical, so that Section 3.05 shall hereafter read as follows: 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 City Council, shail 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 ardinances, 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 I authorized or directed by City Council. , The Mayor Pro Tem shall be a Councilmember elected by the City Council at the next ' 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. i i PROPOSITION 4 I Amend Section 3.09 of the City Charter entitled "Meetings of the City Council" in order ' 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, so that ' Section 3.09 shall hereafter read as follows ' R2012-12 4 ' 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 corparate limits of the City. The City Council shall establish 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. PROPOSITION 5 Amend Section 3.10 of the City Charter entitled "Rules of Procedure" in order to provide more clarification of the citizens' opportunity to be heard before Council on any matter, and not just those matters under consideration, so that Section 3.10 shall hereafter read as follows: Sec. 3.10. - Rules of procedure. The Council shall, by resolution, determine its own iules 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 under consideration. The Council shall provide for minutes being taken and recorded of all meetings, and such minutes shall be a public 'i record. Voting, except on procedural motions, shall be by roll call if requested by the Mayor or I any Councilmember, and the ayes and nays shall be recorded in the minutes. Four members of I the Council shall constitute a quoium 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 i Section 3.01.) � PROPOSITION 6 Amend Section 311 of the City Charter entitled "Ordinances in general" to allow for ', more efficiency, to provide that a majority approval of City Council is required for obtaining City Attoiney approval as to the form of a proposed Ordinance, so that Section 311 shall hereafter read as set forth below immediately following Proposition 8. R2012-12 5 ' PROPOSITION 7 Amend Section 3.l l of the City Charter entitled "Ordinances in general" 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 cui7•ently provided, so that Section 311 shall hereafter read as set forth below immediately following Proposition 8. PROPOSITION 8 Amend Section 3.11 of the City Charter entitled "Ordinances in general" 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 cument requirement that there be at least two (2) weeks between readings, so that Section 3.11 shall hereafter read as follows: Sec. 3.11. - Ordinances in general. (a) For�m: 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 intr•oduced in the written or printed foi�n 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 ariginal �I ordinance. Except when an ordinance is repealed in its entirety, the amendatory or repealing I� ordinance shall set out in full the ordinance, sections, ar subsections to be amended or repealed, and shall indicate matter to be omitted by enclosing it in brackets and shall indicate new matter I by underscoring. I� (b) Procedtn•e: Any member of Council may offer any ordinance on the agenda for � consideration. 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 foirn required for adoption, ', shall be furnished to members of Council at least 72 hours before first reading. Copies of the ' proposed ordinance, in the farm required for adoption, shall be posted at the City Hall and at ' R2012-12 6 ' least one other public place as shall be designated by ardinance and shall be furnished to citizens, upon request to the City Secretary;beginning 72 hours before first reading and, if amended, shall be posted and furnished in the amended form beginning 72 hours 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 one i week elapsing between readings. However, the requirement of reading an ordinance at two regular Council meetings with at least one week elapsing between readings shall not apply to ordinances relating to the adoption or amendment of a budget, the assessment, levy, ar collection of taxes, the caliing of an election, or the canvassing of the returns and declaration of results of an election, the incm7•ing of indebtedness, including, specifically, the issuance ar sale of bonds or certificates of obligation, the development or improvement of a str•eet, 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 90 days of the date approval on first reading is obtained. i (c) Effective date: Every ordinance shall become effective upon adopYion, ar 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 by law. I (d) Reading: The reading aloud of the title of the ardinance 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 I read. PROPOSITION 9 Amend Section 3.14 of the City Charter entitled "Authentication and recording, ' codification, printing"to allow the Council, without approval of the voters, to adopt an ordinance �I R2012-12 7 I'I � that provides only for non-substantive revisions/reorganizations in the Charter. Cunently, 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, so that Section 3.14 shall hereafter read as follows: 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 foim, together with this Chaiter and any amendments thereto, pei�tinent provisions of the constitution and other laws of the State of Texas, and such codes of technical regulations and other iules 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 foimal 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 fiunished to City Officers, placed in libraries and public offices for fiee 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 li and each amendment to this Chai�ter 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 cuirently in effect and shall be suitable in form for ' R2012-12 8 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 iules 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 Chai�ter. A revision ordinance adopted under this section is not intended to and shall not be interpreted as authorizing any substantive change, in any Chai�ter provision. PROPOSITION 10 Amend Section 4.01 of the City Charter entitled "City Manager" in order to provide for a supeimajority of City Council to appoint or remove the City Manager, instead of the cui7•ent provision requiring only a majority vote, and to coirect existing typographicaUgrammatical eirors in this Section, so that Section 4.01 shall hereafter read as follows: 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 ensures orderly, nonpartisan action toward securing a competent and qualified person to fill the position. The City Manager shall be chosen solely i 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 II detertnine and impose a residency requirement as a condition of employment. The City Manager I 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 appoinhnent with the undexstanding that the Council may change it at its discretion. ' (c) Teim and removal: The City Manager shall not be appointed far 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 ', R2012-12 9 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 CityManager shall be responsible to the Council for the proper admuustration 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 ar 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 repoi�t 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 , Searetary, a qualified Administrative Officer of the City to perfoirn the duries of City Manager in �� his/her absence. In the event of longterm 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. !, i PROPOSITION 11 ' Amend Section 6A2 of the City Charter entitled "Filing for Office" to increase the j 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 fi•om companies or individuals under contract with the City during the 12 months prior to filing for public office, as well as R2012-12 10 ' correcting typographicaUgrammatical errors in this Section, so that Section 6.02 shall hereafter read as follows: Sec. 6.02. - Filing for Offce. (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 territoiy 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 sixry (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 ar position sought, whichever first � OCCUTS. t I(6) No candidate may file for more than one office or position number per election. I (7) No Employee or person holding a City appointive office of emolument I, shall continue in such position after becoming a candidate for an elective office. , (b) Procedtu•e and schedule for filing: Any qualified voter of the City may be I'i nominated for an elective office by petition of not less than the greater of 25 registered �i 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, hislher signature shall be void except as to the first filed of the petitions signed by him/her. The R2012-12 11 ' signatures shall be executed in ink ar 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 noimal posted close of business for the office of the City Secretary on the last day for which appiications 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 information pertaining to the candidate, his/her or her spouse and dependent minor children. (1) List of all pioperty owned ar held in hvst within the City limits and ��, extraterritorial jurisdiction of the City. This list should include location (address), size (general dimensions) and cunent use. (2) List of all fees, salaries or gifts of value exceeding $50.00 received from , companies or individuals under contract with the City during the 12 months prior �I to filing for public office. , (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 I stock. I PROPOSITION 12 R2012-12 12 ' Amend Section 11A2 of the City Charter entitled "City newspaper" to provide for designation biennially by City Council of the official newspaper instead of the current provision requiring an annual contracddesignation, so that Section 11.02 shall hereafter read as follows: Sec. 11.02. - City newspaper. The Council shall biennially designate 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 Constitution ancUor laws of the State of Texas to be published. Section 5. It is further found and determined that, in accordance with the order of the City Council, the City Secretary posted written notice of the date, place, and subject of this meeting on the bulletin board located in City Hall, a place convenient to the public, and said notice having been so posted preceding the date of this meeting. A copy of the returns of said posting shall be attached hereto as E�ibit"B." Section 6. As soon as practicable, the Mayor of the City of Friendswood shall certify to the Texas Secretary of State an authenticated copy of the Charter showing all amendments that were approved by the voters of the City of Friendswood at the Special Election of May 12, 2012. Section 7. As soon as practicable, the Mayor of the City of Friendswood shall certify to the U. S. Department of Justice an authenticated copy of the Charter showing all amendments that were approved by the voters of the City of Friendswood at the Special Election of May 12, 2012. ' Section 8. All resolutions or parts of resolutions inconsistent or in conflict hexewith are, to the extent of such inconsistency or conflict, hereby repealed. ' D PR ED D RE OL ED hi he 21 of M 2012 I PASSE , AP OV , AN S V t s t st day �, . I II i! R2012-12 13 I�i � David J. H. S nit Mayor ATTEST: �,.. ,� �FRIEIy • ,•' p •• ��,� J�. �� °' •s� . . •�: �.o• .� . . 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Seccidn2067i(ulada°Limifa4r6�de cnnsideracl6n?° �. m � responsab!lltladpo�danas;pare QFor AFa✓o� � �0 GENERALELECTION� aclua/izaresfaSear6nenconfoimidad - .�. � ���D ELECC/dNGENEl7AL can/aLeytleRedamauonesde.qqravias �A9ainst EnCOnt�a . �� � ���� y/aley,ypipvee�eslipulaclonesparada� � �� � �:N Ma or �� . � ChartarAmendment Proposflion 6 .r- Y � � aviso suhcienfe a!a Ciudadsobre � � � Voteforooneorone � "ShallSection3.17,°Ordinancesin � rec/amas que se pueden hac2ren su Alcalde: . general,"be amended for more etfiGency, � � CO°��� lo rovide�hatmao' .ry � �olapornmgu�roouno ' p . j nryapprovalofCi � . Q Kevin Holland 0 For AFavor CouncA ts.requlred for obtaining Ciry Q I{qalnst En Contra Attomey appwval as to the fwm of a � Q Janis Lowe . proposed Ordinance2 � Council,Pos(tionl CharterAmendmeniPropositbn3 .� MOD/FlCAC/6NALAPROPOS/Cf6N6 'Shall Section 3.05,"M19ayor antl Mayor DELALEYORGANICA Votafo�nooeorone pmTem°�beamendedtopwvidefor � �SedeberamodihcarlaSecU6n3.11, ;�,,, ConciOo,�Posici6n> darificationand9exibilityregardiogthe Ordenanz�asengeneral;paramayor '�' �.�� Uoteparnrnguiroo�rro (imeo(appWntmentoftheMayorPro acla�aci6nyes6'pularqueserequlerela �� ��.�t0 QTomTimmins TemattheneMregularCityCouncil aprobaclLnmayo�tanade/Consejo t6 �m meetingfollowingthecanvass.oFaleGion MuqlcipalparaobleneNaaprobacidnde/ � Q Steve Rockey �. . ���di retumsbrassoonthereakeraspractical7° AbogadodelAAuNGpioen/oque :y ����.Q Council,.�Position3 p90DlF/CAC16NALAPROPOSIC16N3 iespedaa/ato�madeunaO�denanza .�. �Q '� Votefonroneorone DELALEYOR6QN/CR � �. prop!/eS(a?` � �. �£ Cancilio,Poslc/dn 3 � � � �� � �g{ . �Sedeberimodificar/aSecci6n3.05. QFor �AFavo� (/J �otepoiin�gum�ouno � A/caldayAlca/delnied�a"paraaGa2ry - � � �.� (n . QJimHill ot�ece�Ilexibilidadalliempode � �Against EnCOnI/a � � � des/gnaadndelA/ca/delnte�inoen/a CharterAmentlmentPra sdion7 Q Gad W.Gustafson p�xlmaasamb/earegulardelConse/o P0 . SPEGALELECTION ' � � Monicipaldespu�sde/dic[amende "ShallSection3,�1,"Ordinancesin � general;be amendetl to allowformore � ELECC/6NESPEC/AL resWtadosdetae/eccibn,o/om�spronto e�clency,toprovidethatOrdinances queseafacLb/e2° �� sha116efurNshedtotheC ChaderAmentlmentProposNon 1 ��� � . M1yCounGl, 'Shall Sec6on 1.04,"Glossary oPTerms," 0 FOf AFaVO�.� posted and made availabla to ihe putlic 6e amended to correct the definition of �Against En Conba. . at least 72 hours prioHo first reatling or. "Department Head°fo state"Dlrecto�' amendment thereto Instead of one ��� instead o(the erroneous term'Ciry ChaherAmantlment Proposdion 4 week,as arrentry provided?" �� � .� ktanage�;as the parson appoiMed hy the "Shall Section 3.09,°MeeOngs of the City MOD/9CAC/6NALAPROPOS/C/6N7 �� �r City Manageror City Coundl for a . � Council"tie amended to provide more DEfALEYORGs(NlCA � ��.N paNculai Depariment of Ue City,and to Flexibihty for City CounGl in esta611shing LSe debei$modificada Seu:i6n3>t, � �O allowmovingandrenumbertngihisentire �hedaysandtimesofitsregular OMenaozasengeneral;parapeimifir � ..p Sectionas5ection1.00?" meetings,bydeletingtherequirement mayo�efiUenclayesfipNarquesedeben .�.T �.� MOOIF/CAC/6NALAPROPOS/C/6Nf thatihfsbeaccomphshedsolelyby : suminlstrar/asOrdenanzasa/COnsejo . . r . �p OELALEYORGrWlCA ��.� resoWtion?" . . Afunicipal,publiCarseyponelsea �� ���M �. -� :�Setlebe�amodificai/aSecci6d 1,04, MODIF/CAC/6NALAPROPOS/C/6N4 �. disposia6np66/icapor/omenos72haas �((� '�. Glosadodeterminos;paracor`egirla �ELAGEYORGdNICq � � anfesdelapnmeratectu�aomodficac/6n ^ ' definicibn de Jete de depar7�amen[o' °tSe debel3 modilcaNa Seardn 3.09, de Estas en lugar de una semaaa,wmo� � O � �I, paralndicarDirecfor'enluga�de/ "d�mb/easdetConsejoMunidpa/;pala seesUpNaacluatmente?" � � i � tc�(minoe�r6neode Adminishado�de! �f���m2sBe.ribJidadpa2quee/ � � � �� '�� � � 0 For A Favor ` � � = iL7anicipip;como/a pe�sona designada Consejo Municipaleslablezca/os d/as y '� � L7 I �� po�elAdminls(radordelM�qldploo ��� 105���sdesusasambleasregWares, �Aqainst EnContra � � � �� ConsejoMOnicrpalpara an Departamento e/iminando el�eqWsi[o de que se debe . � :� �'� ��� rticNardelaCiudad, "q � ' hace�6nicamentemedlantereso/ucrdn7" �� � ..� Pa YPe�mdi� uese � � � = mueva yreenamele es[a seccibn eiiferu Q Fof A Favo� . � � �� '�. -� tamoSecd6n ZOOY ���� �. . � � ,. � OAgainst EnCOnpa � �� QFor AFavo� . ... . .. . . . . � � � � '.,. � DAgainst fnCont�a � . . � �. � . � � . � ��'... C � � Vote Both Sides ' !/ote enAmbos Lados de/a?agina Vote Both Sides (/ote en Ambos Lados de la Pagina :� OFFlqALBALLOT BOLETAOF/C/AL � � � � �'GENERALELECTION ELECC/bNGENERAL :� CITY�OF PRIENDSWOOD,TEXAS � �� � � � C/UDAD DE FRlENDSWOOD, TFXAS � May12,2012- f2demayode2012 �Precinct Precinto ��655. .. . a .� ChaKefAmendmentProposit(on8 CharterAmendmentProposiUonlO ChartetAmendmentPropositionl2 � — "Shail Seciion 3.N,'Ordinances�in "Shall Sectiori 4.01,'City Manager,"be "Shall SecUOn 11.02,"Official newspapet' � 9eneral;be amended,to aliow for more amended to provide fora supermajorityof be amentletl to provide for designation o eKClency,to provide a teduction In the City Council to appant or remove ihe City bienniaily by Ciry Coundl of the official � time eiapsing behveen required readings 0.lanager,inslead oHhe current provision newspaper instead of Uie arren( � � . � of Ordinances,to provlde tor at leas[one requiring only a majorityvote,and to provision requiring an annual � �� (1J week beMreen such readings,instead correct existing rypographiraBgrammatical conVacydesigna6on?" ��� � . = of the current requirement Ihat there be at ertors in ihis SectionY.. � MOOlF/CACI6NALAPROPOS/C16N 12 m leasthvo(2)weeksbeRVeenfeadingsl" MOO/F/CAClbNALAPROPOS/C/6lJJO DELALEYORGQNICA MOOiFICAC76NAlAPROPOS/C/6N8 DELALEYORGfW/CA ZSedeberdmodiTcarlaSeccidnfL02, . � OELALEYORGQNfCA �. � � LSedeberAmodificaUaSecci6n4.Of, Pen6dicoo�cial;paraproveerun .��.� �Se deber2 modificaNa Setcidn 3.f f, Hdminkfiado�delMunidplo;pa�a ��� periodo de cada dos anos de la . .,:0o Ordenanzasengeneral;parapermiSr esl%pNa(unagrenmayariade/Cansejo designad6nde/penddicooficia/po�paRe �..t.. mayoreficienciayesfipUlaruna Municigalpafadeslgna�ydestiNlra/ ��. delCOnsefoMunrdpalenluga�defa � �:.N� reduccl6n de Uempo enUe fas/ecturas AdmintstradordelManicipio,en Iugarde dispoSiWqn ac(va/que�equrere un �.M requendas de tas Ordeoanzas,pa2 la esfipWaci6n actoalque exige 56/o un . conUalWdesignaci6n anuall" .� proveerpoNameimsuna(1)semane votomayv�ilario,ycnrregictoserrores� �FOr �AFavor �:p entreuna/ect��ayoUa,en/ugarde! Gpogr�ficosygremalrca/esexistentesde � ��� �equisitoactoatdequedebehabe�po�lo eslaSecci6n7' QAg2i�5t EoContla ���.-N- menosdas(2Jsemanasenbeunatectu�a �FOf AFavo� .� � � . � � . yoiraY . .. . .. `. . . QFor AFa�or - �Against EnContra � . � . . QAgainst :EnContra � CharterAmendmentProposRiontt `� . � "Shali Sec6on 6A2,'Filing for OKce'be � . . � ChaRerAmendment Proposidon 9 ��� amended to increase ihe amounifrom � � 5hali SeCtlon 3.14,"AUlhentication and $10 to$50 for ihe required amounts of � . . . recording,codification,printlng'be � d�sdosure of pndidales for elective amended to allow the Councii,without office,ivith such disclosure to indude �� ��.� approvelofiheVOters,toadoptan ` fees,salariesorgiftsreceivedfrom .� � O — ordinance that provides oniy for companies IN indiv�duals under conVaci . �"fC non substantive revisbnslreorganizations with the Ciry tluring the 12 monlhs priorto � t0 . 'm in the CharteR Corrently ihere is no ��� fiiing for public offke,as well as coveding . � C� . �� ���;d provisionlhatallowsCOUnciltocorrect typographicaVgrammaHcalerrorsinthis �� . � y . �Q errorsinspelling,cross-reterences, ���� Section?° Q � � punctuationoinumberingo(Artwlesor MOO/F/CACl6NALAPROPOSICl6N11 � �. �.� . Rj SectionsiniheChartervrithoutapproval DELALEYORGSLVICA � � . : .� � (n ofthevoters' � iSedeber�modifica�laSecd6o602, � .�� (n. . MOD/F/CAC/6NALAPROPOS/C(6N9 Presenlau6nparcuncargoeficial;para � � � DELALEYORGQN/CA aumentarlacanl/dadde$>Oa350delos � LSe deber3 modificaNa SecG6n 3.f4, montoslequendos de revelad6n de � . � °slutentficaci6ny�egistro,codificaci6n, candidalaspa�acargasoficia/es,con � � � lmp�esi6�,parape(miG�alConseJo,�sln dichareve/aGqnquelnc/uyacuotas, �. �. �. � ap�obact6ndelosvolantes,adopta�una � sa/adosuobseqalasrecibidosde � � . �� ordenan�a que esfipNe unicamente � � companias o indiNduos baJo conUafo con � � ievisiones/reorganizauonesno �� /aCiudaddu�aMe 12mesesanfesde �� .. ' � suslanGVasenlaLeyOrg2Nca? hace�n�apresentadbnparaunca�igo . � .� � Aclua/men(eqohayningunadisposici6n publico,asicromoca�iegirtoserrores � � � �.:m que peimlfa a/ConseJo conegi/en'aes lipogr3frcros ygramalicales de esla � . � � � �.':7� de ortografia,refe/eiiclas crtizadas, Secci6dY � � : . . � � - . ��..�� puntuaci6n ynumerad6n de Arfrcalos o �FOf A FaVO��� ��N SecrionesenlaLey0�g3nicas/rt ��� ��� � . � :0 aprobaci6n delos votanfes". � �A9alnst En Confra � � QFor AFavo� � ���� � ,-`-- 0 o m p Qt�qainst EnConlra . � . . �.o � m � rn 0 � � — � � � ,� � � _ � � ,� � _ � _ � — C ' Vote Both Sides t/ote enAmbos Lados de/a Pagina Exhibit B R2012-12 �'a`°�� �� 9 �` � A`t� �'��� A STATE OF TEXAS )( CITY OF FRIENDSWOOD }( COUNTIES OF GALVESTON/HARRIS )( MAY 21, 2012 )( NOTICE[S HEREBY GIVEN OP A FRIENDSWOOD CI'fY COUNCiI.REGULAR MEETiNG TO BE HELD AT 6:30 PM ON MONDAY, MAY 21, 20'12, AT FR(ENDSWOOD CITY HALL, COUNCIL CHAMBER, 910 S, FRIENDSWOOD DRNE, FRIENDSWOOD, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AG�NDA LISTE➢BELOW: 6:30 PM—REGULAR MEETING 4. Cali to order 2. Invocation • Father Geoffrev Gwvnne, Good Shepherd Episcopal Church ; 3. Pledne of Alleniance — Unifed StaEes and Texas {Honor the Texas flag; I p[edge allegiance to thee, Texas,one state under God, one and indivisible) q, Communications from the Public (To comply with provislons of the Open Meetings Act, the City Gouncil may nof ' detiberate on items discussed under this agenda item. The Council may refer this � item#o the Cify Manager or direct this item to be placed on the next regular Gouncil agenda. PowerPoint presentations ara not conducEed during Ehe citizen comment period) 5. Comments from Candidates and Outqoinq and Incomina Gouncilmembers �I 6. Resolutions I Consideration and possible action regarding the fo[lowing: I A. Resolution R2012•11 — A resolutlon of the City Council of the City of ' Friendswood, Texas, canvassing the refurns of the May 92, 2012, Cify of , Friendswood General �lection for the position of Mayor and Council Position I No. 9 and No.3. B. Resolution R2012-12—A resolution and order of fhe City Council of the City of i I Friendswood, Texas, canvassing the returns of the May 12, 2092, City of ' Friendswood Spectal Election and instructing the Mayor fo cerEify the results of the election to the appropriate State and Federal officials. , 7. Presentafion of Certlficates of Electlon � � � � , � 8. Oaths of Office The Honorable Judge Woltz will administer the Oafh of Office for Mayor and Council Position No. 1 and Posifion No. 3 9. Communications from the Mavor and Councflmembers 10, Adiournment """***`A RECEPTION W1LL FOLLOW IMMEDIATELYAFTER THE COUNCIL MEETWG tN THE FOYER OF CITY HALL. EVERYONE IS INVITED TO ATTEN€}. This facility is wheelchair accessible and accesstble parking spaces are availabie. � Requests for accommodations or interpretive service must be made 48 hours prlorto this � meeting. Please contacf the Clty Secretary's Office at {289} 996-3270 for furEher information. I, MELINDA WELSH, GITY SECRETARY OF THE CITY OF FRIENDSWOOD DO HEREBY CERTIFY THAT THE ABOVE N�TICE QF MEET(NG OF' THE FRIENDSWOOD CITY CflUNCIL WAS POSTED [N A PLACE GONVENIENT TO THE GENERAL PUBLtC 1N COMPLIANCE WITH CHAPTER 851,TEXAS GOVERNMENT CODE,ON:MAY 17.2012,AT 2:00 PM. �,�����--<�� ��-��� MELINDA WELSH,TRMC CITY SECRETARY **All meetings of Cify Council are open to tiie public,exceptwhen there is a necessity to meet in an Executive Session(closed to the public) under fhe provisions of Section 651, Texas Government Code. 7he Cify Council reserves the right#o convene Into Execut(ve 5ession to hear any of the above described agenda Items thaf qualify for an execufive session by publicly announcing the applicable section numberof the Open Meetings Act. i i� I I i i i � ' � '