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HomeMy WebLinkAboutResolution No. 2017-16 i i i RESOLUTION NO. R2017-16 f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, CANVASSING THE RETURNS OF THE MAY 69 20179 CITY OF FRIENDSWOOD SPECIAL ELECTION AND I INSTRUCTING THE MAYOR TO CERTIFY THE RESULTS OF THE ELECTION TO THE APPROPRIATE STATE OFFICIALS. I Whereas, on May 6, 2017, there was held within and throughout 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 3,245 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 2,639 Against 474 PROPOSITION NO. 2 For 2,395 Against 557 PROPOSITION NO. 3 For 1,959 Against 1,116 i PROPOSITION NO. 4 For 2,541 Against 462 PROPOSITION NO. 5 For 1,443 Against 1,534 PROPOSITION NO. 6 For 1,844 Against 1,121 PROPOSITION NO. 7 For 2,284 Against 648 PROPOSITION NO. 8 For 25465 Against 522 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, 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. i I i i I� f i 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 Charter shall be changed to reflect these approved amendments: PROPOSITIONS 1 and 2 Amend 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, and to update the year in which elections for each City Council position are scheduled to be held, so that the second and third paragraph of Section 3.01 shall now read as follows: Sec. 3.01. - Number; selection,term,and term limitations. The Mayor and each Councilmember shall be elected to serve for three-year terms as provided below, but no person shall be elected to serve on the City Council in any capacity for more than four three-year terms. The three-year terms of Office of Councilmembers and the Mayor shall be staggered, with the election for such three-year terms scheduled as follows: (a) For the Office of Mayor, and the Office of Councilmember,Positions number 1 and 3, the election for a three-year term shall be the General Election held in 2018; (b) For the Office of Councilmember,Positions number 4 and 6,the election for a three-year term shall be the General Election held in 2019; and (c) For the Office of Councilmember,Positions number 2 and 5,the election for a three-year term shall be the General Election held in 2020. PROPOSITION 3 Amend Section 3.06(c) of the City Charter 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, so that Section 3.06(c) shall hereafter read as follows: R2017-16 2 I i 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. PROPOSITIONS 4,6 and 7 Amend Section 3.11(b) of the City Charter 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, to provide that the reading of an ordinance which requires two readings may take place at either a regular or special Council meeting, and 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, so that Section 3.11(b) shall hereafter read as follows: 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 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. R2017-16 3 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 final reading is not obtained within 90 days of the date approval on first reading is obtained. PROPOSITION 8 Amend Section 4.01, subsections (a) and (c) of the City Charter to clarify that the appointment or removal of the City Manager shall require an affirmative vote of five or more members of City Council, so that Section 4.01, subsections (a) and (c), shall hereafter read as follows: (a) 4ppointnient and qualifications: The Council by an affirmative vote of five or more members of the 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) Tern7 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 of the 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. R2017-16 4 i II 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 said posting shall be attached hereto as Exhibit"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 6, 2017. Section 7. All resolutions or parts of resolutions inconsistent or in conflict herewith are,to the extent of such inconsistency or conflict, hereby repealed. PASSED,APPROVED,AND RESOLVED this the 151h-day of May,2017. Kevin M.Holland 4 Mayor ATTEST: f`J Y° Yp YY° S j Y ° .A Melinda Welsh TRMC y �`�a ° ° City Secretary R2017-16 5 R2017-16 Exhibit A Vote Both Sides Vote en Ambos Lados de la Rdgina OEM= OFFICIAL BALLOT BOLETA OFICIAL GENERAL AND SPECIAL ELECTION ELECO16N GENERAL YESPECIAL CITY OF FRIENDSWOOD, TEXAS CIUDAD DEFRIENDSWOOD, TEXAS May 06. 2017- 06 de maw de 2017 Precinct Precinto 742 Instruction Text: CHARTER AMENDMENT PROPOSITION 2 Please use a black or blue ink pen only. Completely fill in the box "Shall Section 3.01 of the Friendswood City Charter be amended to provided to the left of your choice.Make no stray marks on the ballot, update the year in which elections for each City Council position are Do not use inks that soak through the paper, scheduled to be held?" Texto de Instrucch3n: PRoposlcON 2 DE ENMIENDA A LA CARTA Por favor use solarnente una plumy de Anla negra o azul Llene oRGANIcA completamente el espacio cuadrado a la izqulerda de su seleccOn.No Se ofeber j enmendar la Seccl6n 3.01 de la Carta 0.rgjnica de la LO hagamarcas extraviadas. No use Pintas que se pueden penetrar el Ciudad de Friendswood Para actualizar el afio en el cual se debe (() papel prograinar la celebracl&de/as elections para cade puesto del C:) C:) --------- -2- Consejo Municipal. For A Favor 0 C) Correct Incorrect Against En Contra C:) C) c) GENERAL ELECTION CHARTER AMENDMENT PROPOSITION 3 ELECC16N GENERAL "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 0 Councilmember, Position 2 Council when less than one year remains in the term of office at the 0 SNOW Vote for none or one time the vacancy occurs?" Conceial, Posiclon 2 PROPOSICION 3 DE ENMIENDA A LA CARTA Vote por ninguno o uno ORG,4NICA Sally Harris Branson Se deber.4 enmendar la Seccidn 3,06(c)do la Carta Orgdnlca de la CL CL Ciudad do Friendswood Para autorizar al Consejo Municipal a ocupar EOmar Peck mediante designaci6n un puesto vacante en el Consejo Municipal E cuanolo queda menos de unafio en el periodo del cargo al mon7ento Councilmember, Position 5 que ocul-re la vacante?" Vote for none or one For A Favor Concejal, Posid6n 5 -,;T Vote por ninguno o uno Against En Contra T- o David O'Farrell CHARTER AMENDMENT PROPOSITION 4 CN cc::)) C3 John Scott "Shall Section 3.11(b)of the Friendswood City Charter be amended to C:) clearly provide that ordinances proposed for an agenda by a member of C:) SPECIAL ELECTION City Council require approval of a majority of all members of the City C:) C:) ELECC16N ESPECIAL Council before forwarding to the City Attorney for approval?" C:) CF) 0 PROPOslcl6N 4 DE ENMIENDA A LA CARTA Iq CHARTER AMENDMENT PROPOSITION I ORGAN/CA 00 0 "Shall Section 3.01 of the Friendswood City Charter be amended to Se deberd enmendar la SeccOn 3.11(b)de la Carta 01ginica de la el clearly provide that no person shall be elected to serve in any capacity Ciudad de Friendswood para olisponer claramente que las ordenanza-5 on City Council for more than a total of four three-year terms?" pr-opuestas para una orders del dia por un mlembro del Consejo PRoposlcl6N I DE ENMIENDA A LA CARTA Municipal requieren la aorobaci6n de una mayoria de todos los miembros del Consejo Municipal antes de presentarse alAbogado de ORGAN/CA Nam Se debera enmendar la SeccOn 3.01 de la Carta Orginice de la la Ciudad para su aprobacOn?" Ciudad de Friendswood para disponer claramente que ninguna ED For A Favor persona puede ser electa para servir en un puesto del Consejo Municipal por mJs de un total de cuatro t6nn1nos de tres afios?" ..... L—J Against En Contra L.J For A Favor Lj Against En Contra USE= Vote Both Sides Vote en Ambos Lados de la Pa it Vote-Both Sides Vote en Ambos Lados de la Pigina OFFICIAL BALLOT BOLETA OFICIAL GENERAL AND SPECIAL ELECTION ELECC16N GENERAL YESPECIAL CITY OF FRIENDSWOOD, TEXAS CIUDAD DE FARIENDSWOOD, TEXAS May 06 2017- 06 de maw de 2017 Precinct Precinto 742 CHARTER AMENDMENT PROPOSITION 5 CHARTER AMENDMENT PROPOSITION 8 "Shall Section 3.11(b)of the Friendswood City Charter be amended to "Shall Section 4.01,subsections(a)and(c),of the Friendswood City eliminate the requirement that a proposed ordinance be posted at City Charter be amended to clarify that the appointment or removal of the BEIM Hall at least 72 hours before first reading while maintaining the City Manager shall require an affirmative vote of five or more members requirement that it be posted in at least one public place at least 72 of City Council?" hours before first reading?" PROPOSICION 8 DE ENMIENDA A LA CARTA PROPOSICION 5 DE ENMIENDA A LA CARTA ORGANICA N ORGANICA Se debera enmendar la Seccion 4.01,subsections(a)y(c),de la C) '�Se debera enmendar la Seccion 3.11(b)de la Carta Organica de la Carta Organica de la Ciudad de Friendswood Para aclarar que la ® Ciudad de Friendswood Para eliminar el requisito que indica que una designacion o remoci6n del Administrador de la Ciudad debe requerir Ir- ordenanza propuesta se debe publican en el City Hall por/o menos 72 un voto afirmativo de cinco miembros o mas del Consejo Municipal?" N ® horas antes de su primera lectura,Pero manteniendo el requisito de que se debe publicar en por to menos un lugar p6blico por to menos 72 =1 For A Favor CD horas antes de su primera lectura?" o Against En Contra ® For A Favor N Against En Contra CHARTER AMENDMENT PROPOSITION 6 M "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?" CL PROPOSIC/ON 6 DE ENMIENDA A LA CARTA CL ORGANICA Se debera enmendar la Seccion 3.19(b)de la Carta Organica de la Ciudad de Friendswood para d/sooner que la lectura de una ordenanza que requiere dos lecturers se de lugar en una asamblea regular o especial del Consejo?" 00 r) MFor A Favor N Against En Contra N o ti ® CHARTER AMENDMENT PROPOSITION 7 r (D "Shall Section 3.11(b)of the Friendswood City Charter be amended to r C) M O clarify that an ordinance requiring two readings is considered rejected if CO approval on final reading is not obtained within 90 days of the first 0 reading?" 00 PROPOSIC/ON 7 DE ENMIENDA A LA CARTA o ORGANICA maim �Se debera enmendar/a Seccion 3.19(b)de la Carta Organica de la Ciudad de Friendswood para aclarar que una ordenanza que requiere INMEM dos lecturers se considera rechazada si no se obtiene la aprobaci6n en la lectura renal en un plazo de 90 dfas de la primera lectura?" For A Favor MEW Against En Contra Vote Both Sides Vote n Ambos Lados de l a ina R2017-011 6W Exhibit B IDS A AU N IJ STATE OF TEXAS CITY OF FRIENDSWOOD COUNTIES OF GALVESTON/HARRIS MAY 150 2017 NOTICE IS HEREBY GIVEN OF A FRIENDSWOOD CITY COUNCIL REGULAR MEETING TO BE HELD AT 6:00 PM ON MONDAY, MAY 15, 2017; AT FRIENDSWOOD CITY HALL, COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: 6:00 PM—REGULAR MEETING 1. Call to order 2. Invocation—Pastor Lynn Colby, Calvary Chapel Church 3. Pledge of Allegiance — United States and Texas (HONOR THE TEXAS FLAG; I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE) 4. Communications from the Public (To comply with provisions of the Open Meetings Act, the City Council may not deliberate on items discussed under this agenda item. The Council may refer this item to the City Manager or direct this item to be placed on the next regular Council agenda. PowerPoint presentations are not conducted during the citizen comment period) 5. Comments from Candidates and Incoming CounGilmembers 6. Resolutions Consideration and possible action regarding the following: A. Resolution R2017-15: A resolution of the City Council of the City of Friendswood, Texas, canvassing the returns of the May 06, 2017$ City of Friendswood General Election for Council Positions No. 2 and No. 5. B. Resolution 82017-16: A resolution of the City Council of the City of Friendswood, Texas, canvassing the returns of the May 6, 2017, City of Friendswood Special Election and instructing the Mayor to certify the results of the election to the appropriate State officials. 7. Presentation of Certificates of Election 8. Oaths of Office The Honorable Judge Woltz will administer the Oath of Office for Council Position No. 2 and Position No. 5. 9. Communications from the Mayor and CounGilmembers 10. Adjournment *******A RECEPTION WILL FOLLOW IMMEDIATELY AFTER THE COUNCIL MEETING IN THE FOYER OF CITY HALL. EVERYONE IS INVITED TO ATTEND. This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive service must be made 48 hours prior to this meeting. Please contact the City Secretary's Office at (281) 996-3270 for further information. 1, MELINDA WELSH, CITY SECRETARY OF THE CITY OF FRIENDSWOOD DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE, ON MAY 11, 2017, AT 4:00 PM. MELINDA WELSH, TRMC CITY SECRETARY **All meetings of City Council are open to the public, except when there is a necessity to meet in an Executive Session (closed to the public) under the provisions of Section 551, Texas Government Code. The City Council reserves the right to convene into Executive Session to hear any of the above described agenda items that qualify for an executive session by publicly announcing the applicable section number of the Open Meetings Act.