HomeMy WebLinkAboutOrdinance No. 135 , ,* , ... ,
ORDINANCE NO. 135
AN ORDINANCE CALLING SPECIAL ELECTION IN
THE CITY OF FRIENDSWOOD, TEXAS SUBMITTING
THE QUESTION TO THE QUALIFIED VOTERS OF
SAID CITY: "SHALL A COMMISSION BE CHOSEN
TO FRAME A NEW CHARTER" CALLING FOR ELEC-
TION OF A CHARTER COMMISSION; DESIGNATING
THE DATE AND PT�ACE AT WHICH SUCH ELECTION
IS TO BE HELD; APPOINTING ELECTION OFFI-
CIALS; CONTAINING OTHER PROVISIONS RELAT-
ING TO SAID ELECTION; DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Friendswood, Texas,
has determined, from the report of the Charter Study Com�lttee
that Friendswood should take the necessary steps to become a
Home Rule City by calling an election on the question of framing
a new charter and election of a Charter Commission; and
WHEREAS, Article 1165, Revised Civil Statutes of Texas,
1925, provides that the governing body of any city having more
than five thousand (5, 000) inhabitants may, by two thirds (2/3)
vote of its members, provide by Ordinance for the submission of
the question "Shall a Commission be chosen to frame a new Charter"
and
WHEREAS, Article 1166, Revised Civil Statutes of Texas,
1925, provides that provision should be made on the ballot con-
taining such question for the election of a Charter Commission
of not less than fifteen (15) members, nor more than one (1)
member for each three thousand (3, 000) inhabitants (provided that
a majority of the qualified voters, voting on said question,
shall have voted in the affirmative) ; and
WHEREAS, it is hereby affirmatively found and determined:
(a) that Friendswood now is a municipality opera-
ting under General Law and no Charter exists
for such City;
(b) that Friendswood population now exceeds 5000
inhabitants; and
(c) that no regular municipal election is to be
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held within said City in not less than thirty
(30) nor more than ninety (90) days after the
adoption of this Ordinance; and
WHEREAS, the City Council wishes to proceed with ordering
an election for the submission to the resident qualified voters
of said City on the question of whether a Commission shall be
chosen to frame a new charter; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDS-
WOOD, TEXAS, DULY ASSEMBLED:
Section l. That a special election shall be held in and
throughout the City of Friendswood, Texas, on the 20th day of
June, 1970, at which election there shall be submitted to the
resident qualified voters of said City, for their action there-
upon, the following question:
"SHALL A COMMISSION BE CHOSEN TO FRAME A NEW
CHARTE R"
Section 2 . That said election shall be held at the Friends-
wood City Hall, 109 Willowick, Friendswood, Texas, such City Hall
being the official polling place for such election and that the
presiding officers for said polling place shall be, respectively,
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as follows, to-wit: z""`� -�- cV^�, presiding Judge, �' r���,�'�.� ,j
/'�`h't��.� , Alternate Presiding Judge. There shall
be two (2) clerks for such polling place, to be appointed by the
Presiding Judge.
Section 3. That said election 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,Tex-
as, shall be qualified to vote.
Section 4. That the ballots of said election shall bear
no party designation, and provision shall be made thereon for
the election from the City at large of a Charter Commission of
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not less than fifteen (15) members.
The ballots for said election shall contain instructions
and the language to be printed thereon shall include the
following:
INSTRUCTIONS: Pull the lever next to the square beside
the statement indicating the way you wish
to vote.
[ ] FOR §
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� "5ha11 a Commission be chosen to frame
§ a New Charter. "
§
[ ] AGAINST §
INSTRUCTIONS: Provided that a majority of the qualified
voters, voting on the above question, shall
have voted in the affirmative, there shall
be elected a Charter Commission composed of
fifteen (15) members. Regardless of whether
you have voted "FOR" or "AGAINST" , or have
not voted at all on the above question, you
are entitled to vote for not to exceed fif-
teen (15) candidates for the Charter
Commission.
Vote for the candidates of your choice by
pulling the lever beside the candidate ' s
name. THE TOTAL NUMBER OF CANDIDATES YOU
HAVE VOTED FOR MUST NOT EXCEED FIFTEEN (15)
CANDIDATES. RECHECK YOUR BALLOT TO MAKE
SURE YOU HAVE NOT VOTED FOR MORE THAN 15
CANDIDATES.
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Section 5. That, should a majority of the qualified voters
voting at said election vote in the affirmative to the question
"SHALL A COMMISSION BE CHOSEN TO FRAME A NEW CHARTER. " , then after
completion of the Charter Commission' s work, the Charter so
framed by said Commission shall be submitted to the qualified
voters of said City at an election called and held, as provided
by law, to determine whether the Charter so framed by the Commis-
sion shall be adopted as the Home Rule Charter of the City of
Friendswood, Texas.
Section 6. That notice of the election hereby ordered and
called shall be given by (a) the publication of a notice contain-
ing a substantial copy of this Ordinance in a newspaper of gen-
eral circulation within the City of Friendswood, to-wit: The
Suburban Journal, a newspaper published in Dickinson, Galveston
County, Texas. Such notice shall be published on the same day of
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two (2) successive weeks in the aforesaid newspaper, the date
of the first publication to be at least twenty-one (21) days
prior to the date set herein for such election; and (b) by
posting notice of such election at the polling place at the
Friendswood City Hall not less than twenty (20) days prior to
the date set herein for such election. It is hereby found and
determined that there is no newspaper of general circulation
published within the City of Friendswood, Texas but that the
Suburban Journal is a newspaper of general circulation within
the said City.
Section 7. It is hereby Ordered and Directed that the fol-
lowing schedule shall be adhered to for publication of notice,
filing of candidates, absentee voting and election date:
May 7, City Secretary shall post notice of this election
on the bulletin board at the City Hall in the
City of Friendswood, Texas.
May 20, Final filing date for candidates for Charter �
Commission
May 21 , Candidates shall draw for place on the Ballot
at the City Hall, Friendswood, Texas, at 5:00 �.m.
May 21, City Secretary shall cause to be published the
the text of this ordinance as set forth in the
preceding paragraph.
May 28, City Secretary shall again cause to be published
notice of election as set forth in the preceding
paragraph.
June l, Absentee Voting begins in the office of the City
Secretary, Friendswood City Hall.
June 16, Last day for absentee voting.
June 20, Election date on the question set forth in the
above paragraphs and the election of a Charter
Commission.
Section 8. The City Council hereby determines that the
calling of this election is of great public importance and nec-
essity creating an emergency and an imperative public need
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requiring the suspension of rules and ordinance provisions re-
quiring ordinances to be referred to the City Attorney and re-
quiring ordinances to be read at three separate meetings of the
City Council, and such facts require that this ordinance be
passed and take effect immediately as an emergency measure and
such rules and ordinance provisions are hereby suspended and
this ordinance is passed and shall take effect as an emergency
measure and shall be in full force and effect i.mmediately upon
its passage.
PA5SED AND APPROVED THIS 4th DAY OF MAY, 1970.
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� EDWARD F. STUART, Mayor,
Friendswood, Texas
ATTEST:
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