HomeMy WebLinkAboutOrdinance No. 153-E ORDINANCE NO. 1�� %' - /��
AN ORDINANCE CALLING A SPECIAL ELECTION IN
THE CITY OF FRIENDSWOOD, TEXAS SUBMITTING
THE PROSPOSITION TO THE QUALIFIED VOTERS OF
SAID CITY: "THE ADOPTION OF A HOME RULE
CITY CHARTER FOR THE CITY OF FRIENDSWOOD,
TEXAS AS FRIIMED BY THE CHARTER COMMISSION" ;
PRESCRIBING THE DATE, TIME AND PLACE OF
SUCH ELECTION; APPOINTING ELECTION OFFICIALS;
CONTAINING OTHER PROVISIONS RELATING TO SAID
ELECTION; DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Friendswood, Texas,
previously called a Special Election for the election of a Char-
ter Commission; and
WHEREAS, the Charter Commission was duly elected and has
completed its work in the preparation of a proposed Charter for
the City of Friendswood, Texas; and
WHEREAS, the Commission which was elected to form the Char-
ter, after completing its work, advised the Council on the 24th
day of July, 1971 that October 16, 1971 is designated as the elec-
tion date on which said Charter is to be submitted to the quali-
fied voters of the City of Friendswood, Texas , for adoption or re-
jection; and,
WHEREAS, Article 1167 of Vernon ' s Annotated Texas Statutes
directs that the Charter so framed by the Commission shall be
submitted to the qualified voters of the said city at a time not
less than forty (40) nor more than ninety (90) days after the
completion of the Charter Commission and further directs that the
governing body of the city shall make provision for an election;
and
WHEREAS, it is hereby affirmatively found and determined;
(a) that no regular municipal election is to be held
within the city during the period of not less than
forty (40) nor more than ninety (90) days after the
completion of the work of the Charter Commission;
(b) that the population of the City of Friendswood
now exceeds 5, 000 inhabitants ;
(c) that no Charter has ever been adopted by the City
of Friendswood, Texas;
(d) that the question of the adoption or rejection of
a Charter has not been presented to the voters of
the City of Friendswood since the present Charter
Commission was duly elected and qualified; and
WHEREAS, the City Council has determined to proceed with
ordering an election for submission to the qualified voters of
the City the proposition of whether or not the Charter framed by
the Charter Commission shall be approved or rejected as the Home
Rule Charter of the City of Friendswood, Texas ;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, GALVESTON COUNTY, TEXAS, DULY ASSEMBLED:
Section l. That an election be held in the City of Friends-
wood on the 16th day of October, 1971, at which election the fol-
lowing proposition shall be submitted to the resident qualified
voters of said city for their vote "for" or "against" :
"THE ADOPTION OF A HOME RULE CITY CHARTER FOR THE
CITY OF FRIENDSWOOD, TEXAS, AS FRAMED BY THE
CHARTER COMMISSION. "
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. The official
polling place slaall be open from 7 :00 a.m. until 7 : 00 p.m. All
persons who are within the polling place and all persons who are
waiting to enter the polling place at 7 : 00 p.m. shall be allowed
an opportunity to present themselves for voting in the same man-
ner as if they had appeared and offered themselves for voting
during regular voting hours. The presiding judge shall ta'ke nec-
essary precautions to prevent voting by any person not present
and waiting to vote at the time for official closing of the polls.
That the election shall otherwise in all respects be conducted
in the manner prescribed in Vernon ' s Annotated Civil Statutes,
Texas Election Code and Statutes governing Municipal Elections.
Section 3 . That the presiding officers for said polling
places shall be, respectively, as follows, to-wit:
:��� �C��_r��1-n�•� , Presiding Judge; �/�M�� c�` � ;�Y' �', ,
Alternate Presiding Judge. There shall be not less than two (2)
clerks for such polling place, to be appointed by the Presiding
Judge.
Section 4. L. B. Cline is hereby appointed Clerk for absen-
tee voting and Monica Pickard and Moonyeen Wood are hereby appoint-
ed Deputy Clerks for absentee voting. The absentee voting for the
above designated election shall be held at 109 Willowick Drive,
Friendswood City Hall, within said city and said place of absentee
voting shall remain open for voting for at least eight (8) hours
on each day for absentee voting except Saturday, Sunday or any of-
ficial State holiday, beginning on the 20th day and continuing thru
the 4th day preceding the date of said election. The absentee vot-
ing place shall remain open from 8: 00 a.m. until 5: 00 p.m. on each
day for absentee voting.
Section 5. All duly qualified resident voters of the City
of Friendswood, Texas who were qualified to vote as of January 31,
1971 shall be qualified to vote in this election.
Section 6. That the ballots of said election shall bear no
party designation, and provision shall be made thereon for the
voter to clearly state whether he or she is "for" or "against" the
proposition. The ballots for said election shall contain instruc-
tions 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: �
§
� "THE ADOPTION OF A HOME RULE CITY
� CHARTER FOR THE CITY OF FRIENDSWOOD,
§ TEXAS, AS FRAMED BY THE CHARTER
� COMMISSION. "
�
§
[ ] AGAINST: �
Section 7 . That, should a majority of the qualified voters
voting at said election vote "for" to the proposition as stated,
then the City Council shall, in accordance with Article 1169 of
Vernon ' s Annotated Texas Statutes, as amended, issue an official
order declaring the proposed Charter adopted.
Section 8. That notice of the election hereby ordered and
called shall be given in the following manner:
(1) By posting a notice of the election, including a copy
of this Ordinance, at the official polling place,
City Hall, City of Friendswood, Texas, 109 Willowick
Drive, at least twenty (20) days before said election;
(2) The City Secretary shall cause a notice of the elec-
tion to be published at least one (1) time, not more
than twenty five (25) days nor less than ten (10)
days before the election, in a daily newspaper of
general circulation with the City of Friendswood and
by further causing a notice of the election to b e
published at least one (1) time, not more than twenty
five (25) nor less than ten (10) days before the elec-
tion in a weekly newspaper of general circulation
within the City of Friendswood. It is hereby found
and determined, according to the definition set forth
in Article 28a, Vernon ' s Texas Civil Statutes that
there is no newspaper of general circulation published
within the City of Friendswood which has been contin-
uously published for a period of more than one (1)
year.
Section 9. It is hereby Ordered and Directed that the follow-
ing schedule shall be adhered to for publication of notice, mail-
ing of the proposed Charter, absentee voting, election date and
other election procedures:
August 17, First day to take application for absentee voting.
August 19, Adopt Ordinance calling election; setting time,
date and place of election; providing for notice,
absentee voting and appointing election Judge.
September l, City Secretary shall order voting machines from
Galveston County.
September 15, City Secretary shall mail a copy of the proposed
Charter to each qualified voter.
September 20, Prepare absentee ballots; City Secretary shall post
election notice at polling place.
September 21, City Secretary shall order and secure publication
in newspapers according to the provisions of the
Ordinance calling the election.
September 27, City Secretary shall mail ballots to applicants for
absentee voting; first day for absentee voting.
September 30, City Secretary shall notify election Judge by letter
by sending copy of the NoticE of Election and Ordin-
ance calling election.
October 12, Last day for absentee voting in person.
October 14, Last day to accept absentee ballots by mail, which
(12 : 00 noon) must be postmar�ked by midnight October 13.
October 16, ELECTION DAY AT CITY HALL, 109 WILLOWICK DRIVE,
FRIENDSW OOD, TEXAS.
October 18, Scheduled day for canvassing election and adoption
of Resolution by Council.
October 21, City Secretary shall pay election Judge and Clerks.
December 16, Ballots may be destroyed.
Section 10. It is hereby Ordered and Directed that the City
Secretary shall perform all procedural requirements set forth under
this Ordinance or under the Texas Election Laws pertaining to no-
tices, publications and mailing, unless otherwise sp'ecified hereunder .
Section 11 . The City Council hereby determines that the cal-
ling of this election is of great public importance and necessity
creating an emergency and imperative public need requiring the sus-
pension of the rules and ordinance provisions requiring ordinances
to be referred to the City Attorney and requiring ordinances to
be read at three (3) separate meetings of the City Council, inas-
much as three readings at separate Council Meetings would render
impossible compliance with state laws pertaining to calling of
special elections and the timetable required in meeting the elec-
tion date prescribed by the Charter Commission. 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 for this ordinance and this ordinance is passed
and shall take effect as an emergency measure and shall be in full
force and effect immediately upon its passage.
PASSED AND APPROVED THIS 19th DAY OF AUGUST, 1971.
.
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EDWARD F. STUART, Mayor
Friendswood, Texas
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