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HomeMy WebLinkAboutOrdinance No. 2017-05 (Title: Ordering a City Election to be held on May 6,2017) ORDINANCE NO. 2017-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS,. CALLING FOR THE r HOLDING OF A GENERAL ELECTION ON MAY 69 20179 FOR THE PURPOSE OF ELECTING TWO (2) COUNCILMEMBERS, (POSITION NUMBERS 2 AND 5); ORDERING A RUNOFF ELECTION ON JUNE 109 20179 IF NECESSARY; AND A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED i ELECTORS OF THE CITY OF FRIENDSWOOD, TEXAS, EIGHT PROPOSED CHARTER AMENDMENTS PRESENTED BY THE FRIENDSWOOD CHARTER i REVIEW COMMISSION AND APPROVED BY CITY COUNCIL; AND MAKING OTHER PROVISIONS RELATED TO THE SUBJECT. i WHEREAS, the Friendswood City Council deems that in accordance with the laws of the State of Texas, a General and Special Election should occur on May 6, 2017, for the purpose of electing two (2) Councilmembers (Position Numbers 2 and 5) and for the purpose of submitting to the qualified voters of the City of Friendswood, Texas, eight (8) proposed charter I amendments as proposed by the Friendswood Charter Review Commission, as presented in its final report submitted to the City Council at its January 9, 2017, regular meeting; and 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 j WHEREAS, the laws of the State of Texas further provide that the Texas Election Code j ("Code") 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 polling place for the May 6, 2017, election; i I' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. General and Special Election; Officers and Propositions. In accordance with the general laws and the Constitution of the State of Texas, a General and Special Municipal Election is hereby ordered to take place on May 6, 2017, at which election all qualified voters of the City of Friendswood, Texas (the "City") may vote for or against the eight (8) proposed charter amendments as proposed by the Friendswood Charter Review Commission and to vote for the purpose of electing the following officials of the City: Councilmember,Position No. 2 Councilmember,Position No. 5 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 shall 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 City Hall, located at 910 S. Friendswood Drive, Friendswood, Texas 77546, not later than five o'clock (5:00) p.m. on the seventy-eighth (78th) day before the date of such election, such date being February 17, 2017. The specific ballot language for the propositions for City Charter amendments shall be as described on Exhibit "A," attached hereto with p rovision to vote "FOR" or "AGAINST" each such proposition. The City 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. i Section 3. Determination of Ballots. The candidates receiving a majority of votes 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" or "Against." Each such proposed charter amendment, if approved by the majority of the qualified voters voting at such election, shall become a part of the Home Rule City Charter of the City of Friendswood, Texas. Section 4. 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 Ord 2017-05 2 i runoff election between the two (2)highest vote-getters for such office shall be held on Saturday, June 10, 2017, (the "Runoff Election"), as permitted by the Texas Election Code. Section 5. Polling Place. The election shall be held within each of the election precincts within the City. The following location is hereby designated as the main polling place for all election precincts within the City: Friendswood City Hall 910 South Friendswood Drive Friendswood, Texas 77546 The election officials are designated herein as follows: Election Officers: Karen Van Auken, Presiding Judge Luann Erickson, Alternate Judge Central Counting Station: Presiding Judge: Linda Thornton Manager: Melinda Welsh Tabulation Supervisor: Michelle Perez Clerks: Susan Ballard Heather Van Dine Michelle Guidry The polling place and election officials may be automatically modified to include different locations or individuals without further action of City Council as required by appropriate election officials and in conformance with law. The City Secretary is hereby authorized and directed to provide a copy of this Ordinance to each official as written notice of his or her appointment, as required by Section 32.009 of the Texas Election Code. The Presiding Judge shall have the authority to appoint qualified voters as clerks to assist in the holding of said election, but in no event shall the Presiding Judge appoint less than two (2) clerks. Section 6. Early Voting. Early voting clerks shall be appointed in accordance with the Texas Election Code. The City Secretary may appoint deputy clerks for early voting in accordance with Section 83.031 of the Texas Election Code. The following location is hereby designated as the main early voting polling place for the election: Friendswood City Hall 910 South Friendswood Drive Ord 2017-05 3 Friendswood, Texas 77546 The above location is also the early voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent. Other than official state or federal holidays, and except as provided below, the early voting clerk shall keep the main early voting polling place open for early voting, beginning on the twelfth (12th) day before and continuing through the fourth (4th) day before the date of the election, for at least twelve (12) hours, that is, from seven o'clock(7:00) a.m. until seven o'clock (7:00) p.m., on Monday, April 24, 2017, 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 Tuesday through Thursday, April 25 through April 27, 2017, for at least nine (9) hours, that is from eight o'clock(8:00) a.m. until five o'clock (5:00) p.m., on Friday April 28, 2017, on Monday, May 01, 2017, 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 02, 2017, 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 polling place open for extended early voting on Saturday, April 29, 2017, 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 to the public. The early voting clerk, in accordance with the provisions of the Texas Election 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 Texas Secretary of State. The early voting clerks and dates and times designated herein may be automatically modified to include different individuals or dates and times without further action of City Council as required by appropriate election officials and in conformance with law. Section 7. Appointment of Presiding Judge — Early Voting Board. Karen Van Auk-en is hereby appointed as Presiding Judge of the Early Voting Ballot Board. In accordance with Section 87.002 et seq. of the Texas Election Code, said presiding judge shall appoint at least two (2) other members to said Board, and shall process early voting results in accordance with the Texas Election Code. Ord 2017-05 4 The presiding judge designated herein may be automatically modified to include a different individual without further action of City Council as required by appropriate election officials and in conformance with law. Section 8. Notice. Notice of the election ordered herein 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 the polls. Section 9. Canvass. City Council, as the canvassing authority of this election, shall canvass the returns at its scheduled meeting to be held on May 15, 2017, at 6:30 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 the City Secretary shall preserve them for a period in accordance with law. Section 10. It is hereby further found and determined that the City Secretary posted written notice of the date, place and subject of the meeting at which this ordinance was introduced and passed on the bulletin board located in the City Hall, a place convenient and readily accessible to the general 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. PASSED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS PROVIDED FOR BY SECTION 3.11(B) OF THE CITY CHARTER OF FRIENDSWOOD this 6th day of February, 2017. R Kevin M. lland Mayor a�tvov*ay ATTEST: 1r _N 9 •Y Melinda Welsh, TRMC MP City Secretary Col.. ° . a as � '•....• � +� ® a0F� ,®. Ord 2017-05 5 EXHIBIT A CHARTER AMENDMENT PROPOSITION 1 "Shall Section 3.01 of the Friendswood City Charter be amended to clearly provide that no person shall be elected to serve in any capacity on City Council for more than a total of four three-year terms?" ( ) For O Against Sec.3.01. Number; selection,term,and term limitations. (Second Paragraph) The Mayor and each Councilmember shall be elected to serve for three-year teens as provided below, but no person shall be elected to serve on the City Council in [the] any capacity [of Mayor- or Co,,nei membe I for more than four three-year terms. CHARTER AMENDMENT PROPOSITION 2 "Shall Section 3.01 of the Friendswood City Charter be amended to update the year in which elections for each City Council position are scheduled to be held?" ( ) For ( ) Against Sec.3.01. Number; selection,term,and term limitations. (Third Paragraph) The three-year terms of Office of Councilmembers and the Mayor shall be staggered, with the election for such three-year terms [beginning] scheduled as follows: [{ } For the Offiee of Couneilmember,Position number 2,the eleetion for the initial thFee year teFm shall be the General Fleetion held in fl ([b] a) For the Office of Mayor, and the Office of Councilmember,Positions number 1 and 3, the election for [the initial] a three-year term shall be the General Election held in [1-994] 2018; ([e] b) For the Office of Councilmember,Positions number 4 and 6,the election for [the initial] a three-year term shall be the General Election held in [49-9-x] 2019; and ([d] c) For the Office of Councilmember, Positions number 2 and 5,the election for [teal] a three-year term shall be the General Election held in [-19%] 2020. CHARTER AMENDMENT PROPOSITION 3 "Shall Section 3.06(c) of the Friendswood City Charter be amended to authorize the City Council to fill by appointment a vacancy on City Council when less than one year remains in the term of office at the time the vacancy occurs?" O For ( ) Against Sec.3.06. Vacancies,forfeiture,filling of vacancies. (c) Filling vacancies: When a vacancy shall develop, the Council shall provide for the filling of such vacancy in the manner provided by law; provided, however, that if the remainder of the unexpired term of the vacated office is twelve(12)months or less at the time the vacancy occurs,the City Council is authorized to fill the unexpired term by appointment, upon an affirmative vote of five(5) or more members of City Council. CHARTER AMENDMENT PROPOSITION 4 "Shall Section 3.11(b) of the Friendswood City Charter be amended to clearly provide that ordinances proposed for an agenda by a member of City Council require approval of a majority of all members of the City Council before forwarding to the City Attorney for approval?" ( ) For ( ) Against Sec.3.11. Ordinances in general. (b) Procedure: Any member of Council may offer any ordinance on the agenda for consideration.Approval of a majority of all members 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 before first reading. 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 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. CHARTER AMENDMENT PROPOSITION 5 "Shall Section 3.11(b) of the Friendswood City Charter be amended to eliminate the requirement that a proposed ordinance be posted at City Hall at least 72 hours before first reading while maintaining the requirement that it be posted in at least one public place at least 72 hours before first reading?" ( ) For ( ) Against Sec.3.11. Ordinances in general. (b) Procedure: 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 form required for adoption, shall be furnished to members of Council at least 72 hours before first reading. Copies of the proposed ordinance, in the form required for adoption, shall be posted [at the City Hall a in at least one [ether] public place as shall be designated by ordinance 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. CHARTER AMENDMENT PROPOSITION 6 "Shall Section 3.11(b) of the Friendswood City Charter be amended to provide that the reading of an ordinance which requires two readings may take place at either a regular or special Council meeting?" ( ) For ( ) Against Sec.3.11. Ordinances in general. (b) Procedure: 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 form required for adoption, shall be furnished to members of Council at least 72 hours before first reading. 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 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 or special 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 meetings, either regular or special Council meetings, with at least one week elapsing between readings. However, the requirement of reading an ordinance at two regular or special 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, or collection of taxes, the calling of an 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 90 days of the date approval on first reading is obtained. CHARTER AMENDMENT PROPOSITION 7 "Shall Section 3.11(b) of the Friendswood City Charter be amended to clarify that an ordinance requiring two readings is considered rejected if approval on final reading is not obtained within 90 days of the first reading?" ( ) For ( ) Against A proposed ordinance shall be read at two regular Council meetings, with at least one 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, or collection of taxes, the calling of an 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 [seeend] final reading is not obtained within 90 days of the date approval on first reading is obtained. CHARTER AMENDMENT PROPOSITION 8 "Shall Section 4.01, subsections (a) and (c), of the Friendswood City Charter be amended to clarify that the appointment or removal of the City Manager shall require an affirmative vote of five or more members of City Council?" O For O Against Sec. 4.01. City Manager. (a) Appointment and qualifications: The Council by an affirmative eFAy] vote of five or more members of the [en4tr-e] 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 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. (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 an affirmative vote of five or more members [the or-ity] 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.