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HomeMy WebLinkAboutResolution No. 2002-10 RESOLUTION NO. R2002-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, PROVIDING FOR THE HOLDING OF A GENERAL ELECTION ON MAY 4, 2002, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO POSITION NOS. 2 AND 5 FOR THE CITY; PROVIDING FOR THE HOLDING OF A SPECIAL ELECTION ON THE 4TH DAY OF MAY 2002, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A PROPOSITION RELATING TO WHETHER THE CITY SHALL BE AUTHORIZED TO IMPOSE A ONE-HALF OF ONE PERCENT SALES AND USE TAX PURSUANT TO SECTION 4B OF ARTICLE 5190.6, TEXAS REVISED CIVIL STATUTES (THE DEVELOPMENT CORPORATION ACT OF 1979); PROVIDING FOR THE HOLDING OF A SPECIAL ELECTION ON THE 4TH DAY OF MAY 2002, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY; 5TATING THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE VOTED UPON AT SAID ELECTION; DESIGNATING THE POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTIONS; PROVIDING THE FORM OF THE BALLOTS AT SUCH ELECTIONS; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTIONS; AND CONTAIlvING OTHER PROVISIONS RELATING TO THE SUBJECT. � * * * * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. General Election; Officers. In accordance with the Constitution and general laws of the State of Texas, a General Municipal Election is hereby called and ordered for the first Saturday in May 2002, the same being the 4th day of said month, at which election all qualified voters of the City may vote for the purpose of electing the following officials of the City: Councilmember, Position 2 Councilmember, Position 5 FWD/'02 GENERAL ELECTION.RES/2/19/02 Section 2. No person's name shall be placed upon the official ballot as a candidate for any of the above-mentioned Council positions unless such person has 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 forty-fifth (45th) day before the date of such election. 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. Section 3. The order in which the names of the candidates are to be printed on the ballot in the 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 to 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. The candidates receiving a majority of votes in each of the positions to be filled at such election shall be declared elected. Section 5. Special Election; Additional Sales and Use Tax. It is hereby further ordered that a Special Election be held in the City of Friendswood, Texas, on the 4th day of May 2002, 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 to levy and FWD/'02 GENERAL ELECTION.RES/2/19/02 2 collect additional sales and use taxes within the City pursuant to the provisions of Section 4B of TEx. REV. Crv. STAT. ANtv. art. 5190.6, the Development Corporation Act of 1979. PROPOSITION NO. 1 The adoption of an additional sales and use tax within the City at the rate of one-half of one percent to be used as authorized by Section 4B, Article 5190.6, V.T.C.S., as amended (The Development Corporation Act of 1979), and shall include, but not be limited to, projects to promote new or expanded business enterprises, including drainage and related improvements, projects related to improvement of the Main Street area, targeted infrastructure and any other improvements or facilities that are related to any of the above projects and any other project that the corporation determines will promote new or expanded business enterprises, and the maintenance and operations expenses for any of the above described projects, all as subject to public hearing as required by law. Section 6. The official ballot for said Special Election shall be prepared in accordance with the TEXAS ELECTION CODE so as to permit electors to vote "FOR" or "AGAINST" the proposition, with the ballots to contain such provisions, markings, and language as required by law, and with the propositions to be expressed as follows: PROPOSITION NO. 1 FOR The adoption of an additional sales and use tax within the City at the rate of one-half of one percent to be used as authorized by Section 4B, Article 5190.6, V.T.C.S., as amended (The Development Corporation Act of 1979), and shall include, but not be limited to, projects to promote new or expanded business enterprises, including drainage and related improvements, projects related to improvement of the Main Street area, targeted infrastructure and any other improvements or facilities that are related to any of the above projects and any other project that the corporation determines will promote new or expanded business enterprises, and the maintenance and operations expenses for any of the above described projects, all as subject to public hearing as AGAINST required by law. Section 7. Special Election; Charter Amendments. It is hereby further ordered that a Special Election be held in the City of Friendswood, Texas, on the 4th day of May 2002, at FWD/'02 GENERAL ELECTION.RES/2/19/02 3 which election there shall be submitted to the resident qualified voters of said City, for their action thereon, propositions for certain proposed amendments to the existing Charter of the City of Friendswood. Such proposed amendments are as follows: PROPOSED AMENDMENT NO. 1 Subsection (c) of Section 3.06 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "(c) Filling Vacancies: When a vacancy shall develop, the council shall provide for the filling of such vacancy in the manner provided by law." PROPOSED AMENDMENT NO. 2 Subsection (d) of Section 3.06 of Article III of the Charter of the City of Friendswood, Texas, which provides for temporary appointments by remaining members of council to fill vacancies if the membership of council is reduced to less than four, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 3 Section 3.09 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 3.09. Meetings of council. The council shall hold at least two regular meetings each month. All regular meetings of the council shall be held within the corporate limits of the city. The council shall fix, by resolution, the days and times of the regular meetings. The council may hold such special meetings as it deems necessary and appropriate, which may be called by the mayor or by four members of the council. In no event shall any meeting of the council, regular or special, be held in any facility or at any location which is not readily accessible to the general public. All meetings of the council shall be held in accordance with applicable open meetings laws." PROPOSED AMENDMENT NO. 4 Subsection (c) of Section 3.11 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: FWD/'02 GENERAL ELECTION.RES/2/19/02 4 "(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 by law." PROPOSED AMENDMENT NO. 5 Section 3.17 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 3.17. Of�cers and employees protected from financial loss. Duly elected and appointed officers, and employees, shall be protected by the city from personal financial loss resulting from decisions made while in acting in their capacities as city officers or, as to employees, within the course and scope of their employment." PROPOSED AMENDMENT NO. 6 Subsection (b) of Section 5.03 of Article V of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "(b) Form and content: All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. For a petition signature to be valid, the petition must contain, in addition to the signature, the signer's printed name, date of birth, voter registration number, county of registration, residence address, and date of signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered." PROPOSED AMENDMENT NO. 7 Section 6.01 of Article VI of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 6.01. City elections. Regular city elections shall be held annually on the first Saturday in May. The council shall specify the places for holding such elections. All city elections shall be held and conducted in accordance with all state and federal laws applicable thereto." FWD/'02 GENERAL ELECTION.RES/2/19/02 S PROPOSED AMENDMENT NO. 8 The first sentence of Subsection (b) of Section 6.02 of Article VI of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "(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 twenty-five (25) 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." PROPOSED AMENDMENT NO. 9 Section 6.04 of Article VI of the Charter of the City of Friendswood, Texas, which establishes procedures for the canvassing of elections and declaring the results thereof, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 10 Subsection (a) of Section 8.03 of Article VIII of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 8.03. Annual budget. (a) Content: The budget shall provide a complete financial plan of all city funds and activities and, except as required by law or this Charter, shall be in such form as the manager deems desirable or the council may require. A budget message explaining the budget both in fiscal terms and in terms of the work programs shall be submitted with the budget. It shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues, with reasons for such changes. It shall also summarize the city's debt position and include such other material as the manager deems desirable. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, the proposed property tax levy, and all proposed expenditures for the ensuing fiscal year, including debt service and an itemized estimate of the expense of conducting each department of the city. The proposed budget expenditures shall not exceed the total of estimated income. The budget shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year, compared to the estimate for the budgeted year. It shall also include, in separate sections: (1) Tax levies, rates, and collections for the preceding five years. FWD/'02 GENERAL ELECTION.RES/2/19/02 6 (2) The amount required for interest on the city's debts, for sinking fund and for maturing serial bonds. (3) The total amount of outstanding city debts, with a schedule of maturities on bond issues. (4) Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the city and the proposed method of its disposition, subsidiary budgets for each such utility giving detailed income and expenditure information shall be attached as appendices to the budget. (5) A capital program, which may be revised and extended each year to indicate capital improvements pending or in process of construction or acquisition, and shall include the following items which shall be attached as appendices to the budget: (a) A summary of proposed programs; - (b) A list of all capital improvements which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; (c) Cost estimates, method of financing and recommended time schedules for each such improvement; and (d) The estimated annual cost of operating and maintaining the facilities to bed constructed or acquired. (6) Such other information as may be required by the council." PROPOSED AMENDMENT NO. 11 Subsection (e) of Section 8.03 of Article VIII of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: (e) Adoption. The council shall adopt its annual budget by � ordinance, on one reading, by the 15`h day of September or as soon thereafter as practical. If the council fails to adopt an annual budget before the start of the fiscal year to which it applies, appropriations of the last budget adopted shall be considered as adopted for the current fiscal year on a month to month, pro rata basis, until the annual budget is adopted. Adoption of the budget shall require an affirmative vote of at least a majority of all members of the council. FWD/'02 GENERAL ELECTION.RES/2/19/02 7 Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated." PROPOSED AMENDMENT NO. 12 Subsection (� of Section 8.05 of Article VIII of the Charter of the City of Friendswood, Texas, which requires voter approval before Council is authorized to incur debt except when necessary due to emergencies or urgent public necessities, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 13 Section 9.11 of Article IX of the Charter of the City of Friendswood, Texas, which provides accounting standards for city owned or operated utilities, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 14 Section 11.03 of Article XI of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 11.03. Personal financial interest. No member of the council or other officer or employee of the city shall have a pecuniary interest in any contract, the expense, price, or consideration of which is paid from the city treasury, or have a pecuniary interest in any matter or item requiring the approval or consent of the city, unless in compliance with applicable laws of the State of Texas governing conflicts of interest." PROPOSED AMENDMENT NO.15 References to various state and federal laws contained in the Charter of the City of Friendswood, Texas, which are no longer accurate due to codification, rearrangement, or other reclassification, shall be amended to reflect the current citations to such laws. Section 8. The ballot for the Special Election on said proposed amendments to the Charter shall conform to the requirements of the TE�s ELECTioN CoDE, as amended, and on such ballot shall appear propositions corresponding to each of the proposed Charter amendments set forth above in Section 1, with the provision on such ballot permitting voters to vote "For" or "Against" on each proposition without voting "For" or "Against" on all propositions. Such FWDP02 GENERAL ELECTION.RES/2/19/02 g propositions, numbered to correspond with the numbering of the proposed amendments listed in Section 1 above, shall provide as follows: � PROPOSITION NO. 1 Shall Subsection (c) of Section 3.06 of Article III of the Charter of the City of Friendswood, Texas, which provides the manner in which Council position vacancies are filled, be amended to provide that such vacancies shall be filled as provided by state law? PROPOSITION NO. 2 Shall Subsection (d) of Section 3.06 of Article III of the Charter of the City of Friendswood, Texas, which provides for temporary appointments by remaining members of council to fill vacancies if the number of inembers on the council is reduced to less than four, be deleted in its entirety. PROPOSITION NO. 3 Shall Section 3.09 of Article III of the Charter of the City of Friendswood, Texas, be amended to delete the requirement that council hold special meetings at city hall except when deemed necessary under special circumstances, but require that all meetings be held at locations readily accessible to the general public? PROPOSITION NO. 4 Shall Subsection (c) of Section 3.11 of Article III of the Charter of the City of Friendswood, Texas, be amended to provide that ordinances shall be effective upon adoption, but that the penalty provisions of a penal ordinance shall not be effective until after publication as required by law? PROPOSITION NO. 5 Shall Section 3.17 of Article III of the Charter of the City of Friendswood, Texas, be amended to provide that duly appointed officials and employees be protected from �nancial loss resulting from decisions made while acting in their official capacities? PROPOSITION NO. 6 Shall Subsection (b) of Section 5.03 of Article V of the Charter of the City of Friendswood, Texas, be amended to provide that for a referendum or initiative petition signature to be valid, the petition must contain the signer's FWD/'02 GENERAL ELECTION.RES/2/19/02 9 printed name, date of birth, voter registration number, county of registration, residence address, and date of signing? PROPOSITION NO. 7 Shall Section 6.01 of Article VI of the Charter of the City of Friendswood, Texas, be amended to provide that City elections be held and conducted in accordance with state law? PROPOSITION NO. 8 Shall the first sentence of Subsection (b) of Section 6.02 Article VI of the Charter of the City of Friendswood, Texas be amended to provide that the requisite number of signatures on a nomination petition for elective city office be not less than the greater of twenty-five (25) or one-half of one percent (.5%) of the total vote cast for mayor in the most recent mayoral general election? PROPOSITION NO. 9 Shall Section 6.04 of Article VI of the Charter of the City of Friendswood, Texas, which establishes procedures for the canvassing of elections and declaring the results thereof, be deleted in its entirety? PROPOSITION NO. 10 Shall Subsection (a) of Section 8.03 of Article VIII of the Charter of the City of Friendswood, Texas, be amended to provide a more concise description of the required contents of the city's annual budget, and to eliminate redundant provisions? PROPOSITION NO. 11 Shall Subsection (e) of Section 8.03 of Article VIII of the Charter of the City of Friendswood, Texas, be amended to provide that if a council fails to adopt an annual budget before the start of the fiscal year to which the budget would apply, appropriations from the prior year's budget would be considered as adopted for the new fiscal year, on a month to month, pro-rata basis, until the new annual budget is adopted PROPOSITION NO. 12 Shall Subsection (fl of Section 8.05 of Article VIII of the Charter of the City of Friendswood, Texas, which requires voter approval before Council is authorized to incur dept, except when necessary due to emergencies or urgent public necessities, be deleted in its entirety? FWDP02 GENERAL ELECTION.RES/2/19/02 IO PROPOSITION NO. 13 Shall Section 9.11 of Article IX of the Charter of the City of Friendswood, Texas, which provides accounting standards for city-owned or operated utilities, be deleted in its entirety? PROPOSITION NO. 14 Shall Section 11.03 of Article XI of the Charter of the City of Friendswood, Texas, be amended to provide that no officer or employee of the city shall have any pecuniary interest in any contract with, or matter before, the city unless in compliance with applicable laws of the state governing conflicts of interest? PROPOSITION NO. 15 Shall references to various state and federal laws contained in the Charter of the City of Friendswood, Texas, which are no longer accurate due to codification, rearrangement, or other reclassification, be amended to reflect the current citations to such laws? Section 9. Polling Places; Election Of�cials. Said elections 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. 220, 456, 457, 460, 461, 462, 482, 483, 484, and 485: Boundaries the same as those portions of Galveston County Election Precinct 220, 456, 457, 460, 461, 462, 482, 483, 484, and 485. Polling Place: Friendswood City Hall 910 South Friendswood Drive Friendswood, Texas Election Officers: Clarence White, Presiding Judge Eileen Mehnert, Alternate Judge Central Counting Station: Presiding Judge: R. J. Blanken Manager: Deloris McKenzie FWDP02 GENERAL ELECTION.RES/2/19/02 11 Tabulation Supervisor: Linda Thornton Tabulation Assistant: Toni Mader Clerks: Kathleen Odell Beth Livesay Resolution Committee: Benny Baker Kevin Candee Mary Prihoda The City Secretary is hereby authorized and directed to provide a copy of this Resolution to each judge as written notice of their appointment as required by Section 32.009 Of t�le TEXAS ELECTION CODE. Each Presiding Judge shall have the authority to appoint no more than three (3) 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 10. 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 t�le TEXAS ELECTION CODE arid the City Hall 910 South Friendswood Drive Friendswood, Texas 77546 is hereby designated as the place for early voting for said elections. Said clerks shall keep said office open for at least nine and one-half(9-1/2) hours, that is, from eight o'clock (8:00) a.m. until five-thirty o'clock (5:30) p.m., on each day for early voting which is not a Saturday, a Sunday, or an official state or federal holiday, beginning on the seventeenth (17th) day and continuing through the fourth (4th) day preceding the date of said elections. Said clerks shall FWD/'02 GENERAL ELECTION.RES/2/19/02 IZ not pernut anyone to vote early by personal appearance on any day which 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 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 TE�.s ELECT�otv 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 11. Clarence White is hereby appointed as Presiding Judge of the Early Voting Ballot Board. In accordance with Section 87.001 et seq., of the TExAS ELECT1oN 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 TE�s ELECTtoN CoDE. Section 12. Said elections 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 13. The City Secretary is hereby authorized and directed to furnish all necessary election supplies to conduct such elections. Section 14. 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 paper ballot; early voting by methods other than by personal appearance shall be by optical scan paper ballot. Section 15. Notice of this election shall be given in accordance with the provisions of the TExAS ELEC'rioN CoDE and returns of such notice shall be made as provided for in said FWD/'02 GENERAL ELECTION.RES/2/19/02 13 Code. The Mayor shall issue all necessary orders and writs for such election, and returns of such election shall be made to the City Secretary immediately after the closing of the polls. Section 16. Said election shall be held in accordance with the TE�s ELECTtoN CoDE and the Federal Voting Rights Act of 1965, as amended. PASSED, APPROVED, AND RESOLVED this 18 day of Fe a , 2. arold L. Whitaker Mayor ATTEST , �' De oris McKenzie, MC City Secretary FWD/'02 GENERAL ELECTION.RES/2/19/02 14