HomeMy WebLinkAboutResolution No. 97-06 RESOLUTION NO. R9 7-6
A RESOLUTION PROVIDING FOR THE HOLDING OF A SPECIAL
ELECTION TO BE HELD THE 3RD DAY OF MAY, 1997, FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY
CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF
THE CITY; STATING THE PROPOSED AMENDMENTS TO THE CITY
CHARTER TO BE VOTED UPON AT SAID ELECTION; DESIGNATING
THE POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR
SUCH ELECTION; PROVIDING THE FORM OF THE BALLOT AT SUCH
ELECTION; DIltECTING THE GIVING OF NOTICE OF SUCH ELECTION;
AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
* * * * *
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. It is hereby ordered that a Special Election be held in the City of
Friendswood, Texas, on the 3rd day of May 1997, at 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
The second sentence of Section 2.03 of Article II of the Charter of the City of
Friendswood, Texas, which provides that the City exercise the power of eminent domain by
the laws governing the condemnation of property by railroad corporations, shall be deleted in
its entirety.
PROPOSED AMENDMENT NO. 2
The third paragraph of Section 2.05 of Article II of the Charter of the City of
Friendswood, Texas, which provides procedures for the adoption of street development and
improvement ordinances, shall be deleted in its entirety.
PROPOSED AMENDMENT NO. 3
The first sentence of Section 2.06 of Article II of the Charter of the City of
Friendswood, Texas, shall be amended by striking the words "30 days" and substituting
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therefor the words "90 days," to provide that the period of time for which a notice of claim
shall be given for damages for personal injury or death, or destruction of property, shall be
ninety (90) days.
PROPOSED AMENDMENT NO. 4
The second paragraph of Section 3.01 of Article III of the Charter of the City of
Friendswood, Texas, shall hereafter provide as follows:
"The mayor and councilmembers shall be elected to serve for three-year
terms as provided below."
PROPOSED AMENDMENT NO. 5
Subparagraph (b) of the third paragraph of Section 3.01 of Article III of the Charter of
the City of Friendswood, Texas, shall hereafter provide as follows:
"(b) For the office of mayor, and the office of councilmember,
positions number 1 and 3, the election for the initial three-year term shall be the
general election held in 1994."
PROPOSED AMENDMENT NO. 6
The third paragraph of Section 3.09 of Article III of the Charter of the City of
Friendswood, Texas, shall hereafter provide as follows:
"All meetings of the council shall be held in accordance with applicable
open meetings laws."
PROPOSED AMENDMENT NO. 7
Subsection (a) of Section 4.04 of Article IV of the Charter of the City of Friendswood,
Texas, shall have added thereto a new paragraph (5), which paragraph (5) shall hereafter
provide as follows:
"(5) Cause written notice of appointment to be delivered to each
person appointed by the mayor or council to any board, commission, committee,
or other appointive office or position, within five (5) working days following
such appointment by the mayor or council."
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PROPOSED AMENDMENT NO. 8
The first and second sentences of Subsection (c) of Section 4.06 of Article IV of the
Charter of the City of Friendswood, Texas, shall hereafter provide as follows:
"(c) Prohibited acts: No person employed in the administrative
service of the city, or who seeks appointment thereto, shall be appointed,
promoted, reduced, removed, or in any way favored or discriminated against
because of his/her race, color, national origin, age, disability, veteran status,
sex, political or religious opinion, or affiliation, or membership or
nonmembership in employee organizations. Except to the extent authorized by
state or federal law in conflict herewith, no appointive officer or employee of
the city shall make a contribution to the campaign fund of any person seeking
election to a ciry office or to any political party supporting a candidate for
election to a city office, nor shall he/she be solicited for this purpose, but
his/her right to express an opinion or to cast a vote as a citizen shall not be
limited...."
PROPOSED AMENDMENT NO. 9
The first sentence of the second paragraph of Subsection (e) of Section 5.04 of
Article V of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows:
"Within five (5) working days after an amended petition is filed, the city
secretary shall complete a certificate as to the sufficiency of the petition as
amended and shall within twenty-four (24) hours send a copy of such certificate
to the petitioners' committee by certified mail as in the case of an original
petition...."
PROPOSED AMENDMENT NO. 10
Paragraph (3) of Subsection (a), and the first paragraph of Subsection (b), of
Section 5.06 of Article V of the Charter of the City of Friendswood, Texas, shall hereafter
provide as follows:
"(3) Call an election on the proposed or referred ordinance, said
election to be held on the first uniform election date falling forty-five (45) days
or more after such determination by council.
"(b) Submission to voters: The vote of the city on a proposed or
referred ordinance shall be held at a special election called for such purpose in
accordance with (a)(3) above."
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PROPOSED AMENDMENT NO. 11
Paragraph (3) of Subsection (a) of Section 6.02 of Article VI of the Charter of
the City of Friendswood, Texas, shall hereafter provide as follows:
"(3) Shall be at least 21 years of age.
PROPOSED AMENDMENT NO. 12
Paragraph (7) of Subsection (a) of Section 6.02 of Article VI of the Charter of the City
of Friendswood, Texas, shall hereafter provide as follows:
"(7) No employee or person holding a city appointive office of
emolument shall continue in such position after becoming a candidate for
an elective office."
PROPOSED AMENDMENT NO. 13
The last sentence of Subsection (b) of Section 6.02 of Article VI of the Charter of the
Ciry of Friendswood, Texas, shall hereafter provide as follows:
"....The signed petition shall be filed with the city secretary not earlier than
ninety (90) days prior to the election date for which such petition would apply,
or later than the normal posted close of business for the office of the city
secretary on the last day for which applications for candidacy may be filed for
such election under applicable provisions of the Texas Election Code."
PROPOSED AMENDMENT NO. 14
The first sentence of Subsection (a) of Section 6.04 of Article VI of the Charter of the
City of Friendswood, Texas, shall hereafter provide as follows:
"(a) Canvassing: The returns of every municipal election shall be
delivered from the election judges to the city secretary at ciry hall not later than
three (3) hours after the closing of the polls, or as soon thereafter as is
reasonably practicable...."
PROPOSED AMENDMENT NO. 15
Section 8.05 of Article VIII of the Charter of the City of Friendswood, Texas, shall
have added thereto a new Subsection (fl, which Subsection (� shall hereafter provide as
follows:
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"(fl Elections to authorize debt: Notwithstanding any other provision
contained in this Section 8.05 to the contrary, the council shall be prohibited
from incurring debt not payable from then current revenues unless a proposition
therefor has been approved by the voters at a special election held for such
purpose; provided, however, the council shall be authorized to incur debt
without the necessity of a special election if necessary due to an emergency or
urgent public necessity, which emergency or urgent public necessity shall be
expressed in the ordinance or resolution authorizing such debt."
PROPOSED AMENDMENT NO. 16
Subsection (b) of Section 8.07 of Article VIII of the Charter of the City of
Friendswood, Texas, shall hereafter provide as follows:
"(b) Financial reports: The manager shall submit to the council each
month a report detailing the financial condition of the city by budget amount
versus fiscal year to date amount. The financial records of the City shall be
maintained in conformity with generally accepted accounting principles, as
prescribed by the Governmental Accounting Standards Board."
PROPOSED AMENDMENT NO. 17
Paragraph (d) of Section 9.07 of Article IX of the Charter of the City of Friendswood,
Texas, shall hereafter provide as follows:
"(d) To prescribe the form of accounts kept by each utility
franchisee."
PROPOSED AMENDMENT NO. 18
Subsection (b) of Section 9.10 of Article IX of the Charter of the City of Friendswood,
Texas, shall hereafter provide as follows:
"(b) Any public service corporation, partnership, or proprietorship
who shall for a 30-day period willfully refuse or fail to report in the manner
provided by this Charter shall forfeit and pay to the city the sum of $1,000 per
day for each and every day during which it shall continue in default; or, if any
such enterprise shall file any report, knowing that the same does not truly report
the facts about the matters mentioned therein, it shall forfeit and pay to the city
the sum of $5,000 for each such willfully false report and shall be liable for
submittal of a corrected report within two weeks from notification by the city of
any errors under the same penalty provisions as the original report."
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PROPOSED AMENDMENT NO. 19
Article X of the Charter of the City of Friendswood, Texas, which Article X contains
transitional provisions applicable to the period immediately following adoption of the original
Charter, shall be deleted in its entirety.
PROPOSED AMENDMENT NO. 20
Section 11.01 of Article XI of the Charter of the City of Friendswood, Texas, shall
hereafter provide as follows:
"Sec. 11.01 Public Records.
"All public records of the city shall be maintained and available for
public inspection as provided by applicable state and federal open records
laws."
PROPOSED AMENDMENT NO. 21
The introductory paragraph of Section 11.09 of Article XI of the Charter of the City of
Friendswood, Texas, shall hereafter provide as follows:
"The Council shall appoint at its first regular meeting in July of every
fifth year after approval of this charter, a charter review commission composed
of seven (7) citizens of the City of Friendswood."
PROPOSED AMENDMENT NO. 22
Paragraph (b) of Section 11.09 of Article XI of the Charter of the City of Friendswood,
Texas, shall hereafter provide as follows:
"(b) Action by the council: The council shall receive the final report
of the charter review commission, shall consider any recommendations made,
and if deemed appropriate by the council, may order such amendment or
amendments to be submitted to the voters of the city at a special election to be
held for such purpose in accordance with law. The council shall cause such
proposed amendments to be published not less than forty-five (45) nor more
than ninety (90) days prior to the date set for such election. Notice of such
election shall be given in accordance with law."
Section 2. The ballot for the Special Election on said proposed amendments to the
Charter shall conform to the requirements of the TEXAS ELECTION CODE, as amended, and on
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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 pernutting voters to vote "For" or
"Against" on each proposition without voting "For" or "Against" on all propositions. Such
propositions, numbered to correspond with the numbering of the proposed amendments listed in
Section 1 above, shall provide as follows:
PROPOSITION NO. 1
Shall the second sentence of Section 2.03 of Article II of the Charter of
the City of Friendswood, Texas, which provides that the City exercise the
power of eminent domain by the laws governing the condemnation of property
by railroad corporations, be deleted in its entirety?
PROPOSITI�DN NO. 2
Shall the third paragraph of Section 2.05 of Article II of the Charter of
the City of Friendswood, Texas, which provides procedures for the adoption of
ordinances relating to street development and improvement, including
requirements for distribution of any such proposed ordinance to the council, the
city attorney, and citizens who have requested same, and the authorization for
the council to finally adopt any such ordinance on one (1) reading, be deleted in
its entirety?
PROPOSITION NO. 3
Shall Section 2.06 of Article II of the Charter of the City of
Friendswood, Texas, be amended to provide that the period of time for which a
notice of claim shall be given for damages for personal injury or death, or
destruction of property, shall be ninety (90) days?
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PROPOSITION NO. 4
Shall the second paragraph of Section 3.01 of Article III of the Charter
of the City of Friendswood, Texas, be amended to delete provisions imposing
term limitations on the offices of mayor and councilmembers?
PROPOSITION NO. 5
Shall Subparagraph (b) of the third paragraph of Section 3.01 of Article
III of the Charter of the City of Friendswood, Texas, be amended to clarify that
the election for the initial three-year term of office of mayor shall be the general
election held in 1994?
PROPOSITION NO. 6
Shall the third paragraph of Section 3.09 of Article III of the Charter of
the City of Friendswood, Texas, be amended to provide that all meetings of the
council shall be held in accordance with applicable open meetings laws?
PROPOSITION NO. 7
Shall a new paragraph (5) be added to Subsection (a) of Section 4.04 of
Article IV of the Charter of the City of Friendswood, Texas, to provide that a
written notice of appointment shall be given by the city secretary to each person
appointed by the mayor or council to any board, commission, committee, or
other appointive office or position, within five (5) working days following such
appointment?
PROPOSITION NO. 8
Shall the first and second sentences of Subsection (c) of Section 4.06 of
Article IV of the Charter of the City of Friendswood, Texas be amended to
provide that no city employee, or person seeking employment with the city,
shall be discriminated against because of his or her color, national origin, age,
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� disability, veteran status, or membership or nonmembership in employee
organizations, and to provide that except to the extent authorized by state or
federal law in conflict herewith, no appointive officer or employee shall make a
contribution to the campaign fund of any person seeking election to a city
office?
PROPOSITION NO. 9
Shall the first sentence of the second paragraph of Subsection (e) of
Section 5.04 of Article V of the Charter of the City of Friendswood, Texas, be
amended to provide that the city secretary shall determine the sufficiency of an
amended initiative or referendum petition within five (5) working days following
the filing of same?
PROPOSITION NO. 10
Shall paragraph (3) of Subsection (a) and the first paragraph of
Subsection (b), of Section 5.06 of Article V of the Charter of the City of
Friendswood, Texas, be amended to provide that a special election on an
ordinance pursuant to an initiative or referendum petition shall be held on the
first uniform election date falling forty-five (45) days or more after
determination by council that the initiative or referendum petition is sufficient?
PROPOSITION NO. 11
Shall paragraph (3) of Subsection (a) of Section 6.02 of Article VI of the
Charter of the City of Friendswood, Texas, be amended to provide that no
person shall be eligible as a candidate for an elective city office unless such
person is at least twenty-one (21) years of age?
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PROPOSITION NO. 12
Shall paragraph (7) of Subsection (a) of Section 6.02 of Article VI of the
Charter of the City of Friendswood, Texas, be amended to provide that no
person holding a city appointive office of emolument shall continue in such
position after becoming a candidate for an elective office?
PROPOSITION NO. 13
Shall the last sentence of Subsection (b) of Section 6.02 of Article VI of
the Charter of the City of Friendswood, Texas, be amended to provide that
nomination petitions for an elective city office shall be filed with the city
secretary not earlier than ninety (90) days prior to the next uniform election date
as set forth in the Texas Election Code, or later than the normal posted close of
business for the office of the city secretary on the last day for which applications
for candidacy are allowed to be filed for an election on such next uniform
election date?
PROPOSITION NO. 14
Shall the first sentence of Subsection (a) of Section 6.04 of Article VI of
the Charter of the City of Friendswood, Texas, be amended to provide that the
returns of each city election shall be delivered from the election judges to the
city secretary at city hall not later than three (3) hours after the closing of the
polls, or as soon thereafter as is reasonably practicable?
PROPOSITION NO. 15
Shall Section 8.05 of Article VIII of the Charter of the City of
Friendswood, Texas, be amended by adding thereto a new Subsection (fl to
provide that the city council shall be prohibited from incurring debt not payable
from then current revenues unless approved by the voters at a special election
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held for such purpose, unless the incurring of the debt is necessary due to an
emergency or urgent public necessity?
PROPOSITION NO. 16
Shall Subsection (b) of Section 8.07 of Article VIII of the Charter of the
City of Friendswood, Texas, be amended to provide that the manager shall
submit to the council each month a report detailing the financial condition of the
city by budget amounts versus fiscal year to date amounts, and that financial
records of the City shall be maintained in conformity with generally accepted
accounting principles as prescribed by the Governmental Accounting Standards
Board?
PROPOSITION NO. 17
Shall paragraph (d) of Section 9.07 of Article IX of the Charter of the
City of Friendswood, Texas, be amended to provide that any grant, renewal,
extension, or amendment of any public utility franchise shall be subject to the
right of the city to prescribe the form of accounts to be kept by each such
utility?
PROPOSITION NO. 18
Shall Subsection (b) of Section 9.10 of Article IX of the Charter of the
City of Friendswood, Texas, be amended to provide that public service
corporations operating within the city which fail to file annual reports of receipts
from their operations shall be liable to the city in the amount of $1,000 per day
for each day during which the default continues, and if any such report is filed
with the knowledge of the public service corporation that information contained
therein is false, shall be liable to the city in the amount of $5,000 for each such
willfully false report?
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PROPOSITION NO. 19
Shall Article X of the Charter of the City of Friendswood, Texas, which
Article X contains transitional provisions applicable to the period immediately
following adoption of the original Charter, be deleted from the Charter in its
entirety?
PROPOSITION NO. 20
Shall Section 11.01 of Article XI of the Charter of the City of
Friendswood, Texas, be amended to provide that records of the city shall be
maintained and available for public inspection as provided by applicable state
and federal open records laws?
PROPOSITION NO. 21
Shall the introductory paragraph of Section 11.09 of Article XI of the
Charter of the City of Friendswood, Texas, be amended to provide that the
council shall appoint at its first regular meeting in July of every fifth year after
approval of the Charter, a charter review commission composed of seven (7)
citizens of the city?
PROPOSITION NO. 22
Shall paragraph (b) of Section 11.09 of Article XI of the Charter of the
City of Friendswood, Texas, be amended to provide that upon receipt of a final
report from a charter review commission, the council shall consider any
recommendations made and, if deemed appropriate by the council, submit any
such proposed changes to the voters of the city at a special election to be held
for such purpose; and provided further that no such election shall be held unless
such proposed amendments have been published not less than forty-five (45) nor
more than ninety (90) days prior to the date set for such election?
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Section 3. Said election shall be held in each of the heretofore established election
precincts and polling places within the City and the election officials for each of said precincts
shall be as follows:
Election Precincts 456
457. 260. 261, and 462: Boundaries the same as those portions of Galveston County
Election Precincts 456, 457, 260, 261, and 4621ying within
the City limits of the City of Friendswood.
Polling Place: Friendswood City Hall
910 South Friendswood Drive
Friendswood, Texas
Election Officer: Clarence White, Presiding Judge
Election Precincts 378, 474, and
Part of Election Precinct 655: Boundaries the same as those portions of Harris County
Election Precincts 378 and 474 lying within the City limits
of the City of Friendswood and those portions of Forest
Bend Subdivision and Wedgewood Village Subdivision
lying within Hanis County Election Precinct 655 lying
within the City limits of the City of Friendswood.
Pollin Pg lace: Wedgewood Elementary School
4000 Friendswood Link Road
Friendswood, Texas
Election Officers: Phyllis Middleton, Presiding Judge
Central Counting Station:
Presiding Judge: Ruth Prengle
Manager: Deloris McKenzie
Clerk: Kathleen Seng
Clerk: Eileen Mehnert
Tabulation Supervisor: Linda Thornton
Tabulation Assistant: Todd Yeager
Resolution Committee: Benny Baker
Mary Prihoda
Kevin Candee
Clear Creek Draina�e
District: Ginger Calk
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The Ciry Secretary is hereby authorized and directed to provide a copy of this
Resolution to each judge as written notice of the appointment as required by Section 32.009 of
the 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 elections, but in no event shall the
Presiding Judge appoint less than two (2) clerks.
Section 4. Ms. Deloris McKenzie, City Secretary, is hereby appointed clerk for
early voting; appointments of deputy clerks for early voting by the City Secretary shall be in
accordance with Section 83.031 et seq., of the TEXAS ELECTION CODE and the
City Hall
910 S. 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 (9) hours, that is, from eight o'clock (8:00) a.m. until five o'clock
(5:00) p.m., on each day for early voting which is not a Saturday, a Sunday, or an official state
holiday, beginning on the twentieth (20th) day and continuing through the fourth (4th) day
preceding the date of said election. Said clerks shall 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 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 Secretary of State.
Section 5. Clarence White is hereby appointed as Presiding Judge of the Early
Ballot Board. In accordance with Section 87.0021 et seq., Of the TEXAS ELECTION CODE, said
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presiding judge shall appoint at least two (2) other members to said Board, and shall process
early voting results in accordance with said TExAS ELECTioN CoDE.
Section 6. 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 7. The City Secretary is hereby authorized and directed to furnish all
necessary election supplies to conduct such elections.
Section 8. The order in which the names of the candidates are to be printed on the
ballot in the General Municipal Election shall be determined by a drawing by the City Secretary,
as provided by Section 52.094 of the TE�s ELEC'r�oN CoDE. The City Secretary shall post a
notice in her office, at least sevenry-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 furnished 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 9. The candidates receiving a majority of votes for Mayor and in each of
the positions to be filled at such General Municipal Election shall be declared elected.
Section 10. The voting at such elections shall be upon paper ballots. Early voting
at such election shall also be by paper ballot.
Section 11. Notice of these elections shall be given in accordance with the
provisions of the TExAS ELEC'rloN 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 elections, and
returns of such elections shall be made to the Ciry Secretary immediately after the closing of the
polls.
Section 12. Said elections shall be held in accordance with the TExAS ELEC`r�o1v
CoDE and the Federal Voting Rights Act of 1965, as amended.
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PASSED, APPROVED, AND RESOLVED this 17thday of February , 1997.
�
Evelyn Newma
Mayor
ATTEST
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:�
D loris McKenzie, T C
City Secretary
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