HomeMy WebLinkAboutResolution No. 92-19 RESOLUTION NO. °�-19
A RESOLUTION PROVIDING FOR THE HOLDING OF A GENERAL
ELECTION TO BE HELD THE 2ND DAY OF MAY, 1992, FOR THE
PURPOSE OF ELECTING A MAYOR AND THREE MEMBERS TO THE
CITY COUNCIL; ORDERING A SPECIAL ELECTION ON THE SAME
DATE 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; ORDERING A SPECIAL ELECTION ON THE SAME DATE
FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS
OF THE CITY TWO PROPOSITIONS RELATING TO WHETHER THE
CITY SHALL BE AUTHORIZED TO IMPOSE SALES AND USE TAXES
UNDER SECTIONS 4B AND 4A OF ARTICLE 5190. 6, TEXAS
REVISED CIVIL STATUTES (THE DEVELOPMENT CORPORATION ACT
OF 1979) ; DESIGNATING THE POLLING PLACES AND APPOINTING
ELECTION OFFICIALS FOR SUCH ELECTIONS; PROVIDING THE
FORM OF THE BALLOT AT SUCH ELECTIONS; DIRECTING THE
GIVING OF NOTICE OF SUCH ELECTIONS; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. In accordance with the Constitution and general
laws of the State of Texas, a General Municipal Election is
hereby called and ordered for the first Saturday in May, 1992,
the same being the 2nd day of said month, at which election all
qualified voters of the City may vote for the purpose of electing
the following officials of the City:
Mayor
Councilman, Position 1
Councilman, Position 3
Councilman, Position 5
Section 2 . No person's name shall be placed upon the
official ballot as a candidate for Mayor or any of the above
mentioned Council positions unless such person has filed his or
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her sworn application, as provided by Section 141. 031 of the
Texas Election Code, with the City Secretary of the City at the
City Hall, located at 109 Willowick, Friendswood, Texas 77546,
not later than five o'clock (5: 00) p.m. on the forty-fifth (45th)
day before the date of such election. The City Secretary shall
note on the face of each such application the date and time of
its filing. Such application shall include the office and, if
applicable, the number of the position the candidate is seeking.
Section 3 . It is hereby further ordered that a special
election be held in the City of Friendswood, Texas, on the 2nd
day of May, 1992, 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
Subsection (b) of Section 3 . 11 of Article III of the Charter
of the City of Friendswood, Texas, shall hereafter provide as
follows:
"sec. 3.11. ordinances in qeneral.
" (b) Procedure: Any member of council may offer
any ordinance in writing that he/she desires after it
has been approved by the city attorney as to form and
has been placed on the agenda of a regular council
meeting. Copies of the proposed ordinance, in the form
required for adoption, shall be furnished to members of
council a minimum of one week before adoption. 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 one week
before adoption and, if amended, shall be posted and
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furnished in the amended form beginning one week 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.
"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 (2)
regular council meetings, with at least two (2) weeks
elapsing between readings. However, the requirement of
reading an ordinance at two (2) regular council
meetings with at least two (2) weeks 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
(2) readings shall be deemed rejected if approval on
second reading is not obtained within ninety (90) days
of the date approval on first reading is obtained. "
PROPOSED AMENDMENT NO. 2
Section 3 . 12 of Article III of the Charter of the City of
Friendswood, Texas, shall hereafter provide as follows:
"Sec. 3.12 . Emerqency ordinances.
"To meet emergencies the council may adopt
emergency ordinances. Such ordinances shall not grant,
renew, or extend franchises, or regulate rates charged
by a public utility. Each emergency ordinance shall
contain a provision declaring the existence of an
emergency. The affirmative vote of five (5) members
elected to council shall be required for adoption. "
PROPOSED AMENDMENT NO. 3
Section 4. 02 of Article IV of the Charter of the City of
Friendswood, Texas, shall hereafter provide as follows:
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"Sec. 4.02. Municipal court.
" (a) There shall be established and maintained a
court, designated as a "municipal court" for the trial
of misdemeanor offenses, with all such powers and
duties as are now, or may hereafter be prescribed by
laws of the State of Texas relative to municipal
courts.
" (b) The Judge of said court shall be appointed by
council to serve for a term of two (2) years. The
Judge shall receive such salary as may be fixed by
council. "
" (c) The council may appoint such associate or
alternate judges of said court as shall be deemed
necessary and appropriate by said council. Associate
or alternate judges shall be appointed for terms and
shall possess the same qualifications as are required
for the regular judge of said court.
" (d) All costs and fines imposed by the municipal
court shall be paid into the city treasury for the use
and benefit of the city. "
PROPOSED AMENDMENT NO. 4
Paragraph (3) of Subsection (a) of Section 6. 02 of Article
VI of the Charter of the City of Friendswood, Texas, which
paragraph (3) provides that persons in arrears in the payment of
taxes or other liabilities due the City shall not be qualified to
file for elective city office, shall be deleted in its entirety.
PROPOSED AMENDMENT NO. 5
Section 6. 05 of Article VI of the Charter of the City of
Friendswood, Texas, shall hereafter provide as follows:
"Sec. 6.05. Oath of office.
"Every officer of the city, whether elected or
appointed, before entering upon the duties of office,
shall take and subscribe to the appropriate oath or
affirmation to be filed and kept in the office of the
city secretary. "
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PROPOSED AMENDMENT NO. 6
Section 7. 01 of Article VII of the Charter of the City of
Friendswood, Texas, which Section 7 .01 provides for the
establishment of a department of taxation, shall be deleted in
its entirety.
PROPOSED AMENDMENT NO. 7
Section 7 . 04 of Article VII of the Charter of the City of
Friendswood, Texas, which Section 7 .04 provides for the
appointment and duties of a Board of Equalization, shall be
deleted in its entirety.
PROPOSED AMENDMENT NO. 8
Section 8. 04 of Article VIII of the Charter of the City of
Friendswood, Texas, shall have added thereto a new Subsection (g)
to provide as follows:
"Sec. 8.04. Amendments after adoption.
" (g) Any ordinance relative to the adoption or
amendment of a fiscal year budget may be passed at the
meeting at which it is introduced. "
PROPOSED AMENDMENT NO. 9
Section 9. 09 of Article IX of the Charter of the City of
Friendswood, Texas, shall hereafter provide as follows:
"Sec. 9. 09. Requlation of rates.
"To the extent permitted by law, the council shall
have full power to regulate the rates, charges, and
fares of each public utility franchise holder operating
in the city. "
PROPOSED AMENDMENT NO. 10
Subsection (a) of Section 11. 09 of Article XI of the Charter
of the City of Friendswood, Texas, shall hereafter provide as
follows:
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"Sec. 11.09. Charter review aommission.
" (a) Duties of the commission:
" (1) Inquire into the operation of the city
government under the charter provisions
and determine whether any such
provisions require revision. To this
end public hearings may be held.
" (2) Propose, if it deems desirable,
amendments to this charter to improve
the effective application of the charter
to current conditions.
" (3) Report its findings and present its
proposed amendments, if any, to the
council. "
PROPOSED AMENDMENT NO. 11
Section 3 .01 of Article III of the Charter of the City of
Friendswood, Texas, shall hereafter provide as follows:
"Sec. 3.01. Number, selection, term, and term
limitations.
"The council shall be composed of a mayor and six
(6) councilmembers. The mayor and all councilmembers
shall be elected from the city at large, and each
councilmember shall occupy a position on council, such
positions being numbered 1 through 6 consecutively.
"The mayor and councilmembers shall be
elected to serve for three-year terms as provided
below, but no person shall be elected to serve in the
capacity of councilmember for more than three (3)
consecutive three-year terms, nor shall any person be
elected to serve in the capacity of mayor for more than
three (3) consecutive three-year terms. Provided,
further, the term limitation set forth herein shall not
be construed to prohibit any person from being elected
for additional terms to any such position as
councilmember or mayor following a break in service of
one year or more.
"The three-year terms of office of councilmembers
and the mayor shall be staggered, with such three-year
terms beginning as follows:
" (a) For the office of councilmember,
position number 2 , the election for the initial
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three-year term shall be the general election held
in 1993;
" (b) For 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;
" (c) For the office of councilmember,
positions number 4 and 6, the election for the
initial three-year term shall be the general
election held in 1995; and
" (d) For the office of councilmember,
position number 5, the election for the initial
three-year term shall be the general election held
in 1996. "
PROPOSED AMENDMENT NO. 12
Section 3 . 01 of Article III of the Charter of the City of
Friendswood, Texas, shall hereafter provide as follows:
"Sec. 3.01. Number, selection, term� y���`
"The council shall be composed of a mayor and six
(6) councilmembers. The mayor and all councilmembers
shall be elected from the city at large, and each
councilmember shall occupy a position on council, such
positions being numbered 1 through 6 consecutively.
"The mayor and councilmembers shall be elected to
serve for three-year terms as provided below.
"The three-year terms of office of councilmembers
and the mayor shall be staggered, with such three-year
terms beginning as follows:
" (a) For the office of councilmember,
position number 2, the election for the initial
three-year term shall be the general election held
in 1993;
" (b) For 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;
" (c) For the office of councilmember,
positions number 4 and 6, the election for the
initial three-year term shall be the general
election held in 1995; and
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" (d) For the office of councilmember,
position number 5, the election for the initial
three-year term shall be the general election held
in 1996. "
Section 4 . 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 such
ballot shall appear propositions corresponding to each of the
proposed Charter amendments set forth above in Section 3 , with
the provision on such ballot permitting 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
3 , shall provide as follows:
PROPOSITION NO. 1
Shall Subsection (b) of Section 3 . 11 of Article
III of the Charter of the City of Friendswood, Texas,
relating to the procedure for the adoption of
ordinances, be amended to provide that the requirement
of reading an ordinance at two (2) regular city council
meetings with at least two (2) weeks 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, the canvassing of the returns and declaring
the results of an election, the incurring of
indebtedness, the improvement of streets, or an
emergency if so declared by city council, and that an
ordinance requiring two (2) readings be deemed rejected
if approval on second reading is not obtained within
ninety (90) days of its approval on first reading?
PROPOSITION NO. 2
Shall Section 3 . 12 of Article III of the Charter
of the City of Friendswood, Texas, be amended to
provide that city council may adopt emergency
ordinances if such ordinances contain a provision
declaring the existence of an emergency, do not grant,
renew, or extend franchises, or regulate rates charged
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by a public utility, and require the affirmative vote
of five (5) members of city council for adoption?
PROPOSITION NO. 3
Shall Section 4. 02 of Article IV of the Charter of
the City of Friendswood, Texas, relating to the
municipal court, be amended to provide that the judge
of said municipal court be appointed to serve for a
term of two (2) years, that the city council may
appoint associate or alternate municipal court judges,
and that the provisions in Subsections (c) and (d)
relating to the appointment and duties of the clerk of
said court be deleted in their entirety?
PROPOSITION NO. 4
Shall paragraph (3) of Subsection (a) of Section
6. 02 of Article VI of the Charter of the City of
Friendswood, Texas, which paragraph (3) provides that
persons in arrears in the payment of taxes or other
liabilities due the City shall not be qualified to file
for elective city office, be deleted in its entirety?
PROPOSITION NO. 5
Shall Section 6. 05 of Article VI of the Charter of
the City of Friendswood, Texas, be amended to provide
that every officer of the City, whether elected or
appointed, be required to take and subscribe to the
appropriate oath or affirmation before entering upon
such duties of office?
PROPOSITION NO. 6
Shall Section 7. 01 of Article VII of the Charter
of the City of Friendswood, Texas, which Section 7 .01
provides for the establishment of a department of
taxation, be deleted in its entirety?
PROPOSITION NO. 7
Shall Section 7. 04 of Article VII of the Charter
of the City of Friendswood, Texas, which Section 7. 04
provides for the appointment and duties of a Board of
Equalization, be deleted in its entirety?
PROPOSITION NO. 8
Shall Section 8. 04 of Article VIII of the Charter
of the City of Friendswood, Texas, be amended by adding
a new paragraph (g) to provide that an ordinance
relative to the adoption or amendment of a fiscal year
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budget may be passed at the meeting at which it is
introduced?
PROPOSITION NO. 9
Shall Section 9. 09 of Article IX of the Charter of
the City of Friendswood, Texas, be amended to provide
that the city shall, to the extent permitted by law,
have full power to regulate the rates, charges, and
fares of each public utility franchise holder operating
in the city?
PROPOSITION NO. 10
Shall Subsection (a) of Section 11. 09 of Article
XI of the Charter of the City of Friendswood, Texas, be
amended to provide that the duties of the charter
review commission be to inquire into the operation of
the city government to determine whether any charter
provision requires revision, to be authorized to hold
public hearings relating to such matters, to propose
amendments to the charter for the improvement of its
application to current conditions, and to report its
findings and proposed amendments, if any, to the city
council?
PROPOSITION NO. 11
Shall Section 3 . 01 of Article III of the Charter
of the City of Friendswood, Texas, be amended to
provide that the mayor and councilmembers be elected to
serve three-year terms, and that no person shall be
elected to serve in the capacity of councilmember for
more than three (3) consecutive three-year terms, nor
shall any person be elected to serve in the capacity of
mayor for more than three (3) consecutive three-year
terms, and that such three-year terms of councilmembers
and the mayor be staggered, with the conversion to such
terms beginning with the general election in 1993 and
ending with the general election in 1996?
PROPOSITION NO. 12
Shall Section 3 . 01 of Article III of the Charter
of the City of Friendswood, Texas, be amended to
provide that the mayor and councilmembers be elected to
serve three-year terms, and that such three-year terms
of councilmembers and the mayor be staggered, with the
conversion to such terms beginning with the general
election in 1993 and ending with the general election
in 1996?
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Section 5. It is hereby further ordered that a special
election be held in the City of Friendswood, Texas, on the 2nd
day of May 1992, at which election there shall be submitted to
the resident qualified voters of the City, for their action
thereon, the following propasitions regarding the authority of
the city to levy and collect additional sales and use taxes
within the City pursuant to the provisions of Sections 4B and 4A
of Tex. Rev. Civ. Stat. Ann. art. 5190. 6, the Development
Corporation Act of 1979. The ballot for the special election on
said propositions shall conform to the requirements of the Texas
Election Code, as amended, with provisions thereon permitting
voters to vote "For" or "Against" the propositions. The
propositions shall provide as follows:
PROPOSITION NO. 13
Shall the City of Friendswood, Texas, be
authorized to levy a sales and use tax of one-half cent
(1J2C) within the city in accordance with and pursuant
to Section 4B, Tex. Rev. Civ. Stat. Ann. art. 5190. 6,
as amended (the "Act") , for the benefit of the city's
industrial development corporation, to pay the costs of
projects authorized by the Act, including, but not
limited to, land, buildings, equipment, facilities, and
improvements found by the board of directors to be
required or suitable for use for professional or
amateur (including children's) sports, athletic,
entertainment, tourist, convention, and public park
purposes and events, including stadiums, ball parks,
auditoriums, amphitheaters, concert halls, learning
centers, parks, and park facilities, open space
improvements, municipal buildings, museums, exhibition
facilities, and related store, restaurant, concession,
and automobile parking facilities, related area
transportation facilities, and related roads, streets,
and water and sewer facilities, and other related
improvements that enhance any of those items, or to pay
for the principal of, interest on, and other costs
relating to bonds issued by the industrial development
corporation to pay the costs of the projects or to
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refund bonds or other obligations issued to pay the
costs of the projects?
PROPOSITION NO. 14
Shall the City of Friendswood, Texas, pursuant to
and in accordance with Section 4A, Tex. Rev. Civ. Stat.
Ann. art. 5190. 6, as amended, be authorized to provide
for the adoption of a sales and use tax for the
promotion and development of new and expanded business
enterprises at the rate of one-half of one percent?
Section 6. That said elections 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 Precinct 56: Boundaries the same as that portion of
Galveston County Election Precinct 456
(former Galveston County Precinct 56)
lying within the City limits of the City
of Friendswood.
Polling Place: City Hall
109 Willowick
Friendswood, Texas
Election Officer: R. J. Blanken, Presiding Judge
Election Precinct 57: Boundaries the same as that portion of
Galveston County Election Precinct 457
(former Galveston County Precinct 57)
lying within the City limits of the City
of Friendswood.
Pollina Place: Westwood Elementary School
506 West Edgewood
Friendswood, Texas
Election Officer: Clarence White, Presiding Judge
Election Precinct 60: Boundaries the same as that portion of
Galveston County Election Precinct 260
(former Galveston County Precinct 60)
lying within the City limits of the City
of Friendswood.
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Polling Place: Friendswood Junior High School
402 Laurel
Friendswood, Texas
Election Officer: Phyllis Lee, Presiding Judge
Election Precinct 61: Boundaries the same as that portion of
Galveston County Election Precincts 261
and 362 (former Galveston County
Precinct 61) lying within the City
limits of the City of Friendswood.
Pollinq Place: Clear Creek Drainage District Building
1301 West Parkwood
Friendswood, Texas
Election Officer: Patsy Yoakem, Presiding Judge
Election Precinct 378: Boundaries the same as that portion of
Harris County Election Precinct 378
lying within the City limits of the City
of Friendswood and that portion of
Wedgewood Village Subdivision lying
within Harris County Election Precinct
655 lying within the City limits of the
City of Friendswood (former Harris
County Precinct 378)
Polling Place: Forest Bend Civic Club Building
4300 Laura Leigh
Friendswood, Texas
Election Officer: Gina Runnels, Presiding Judge
Election Precinct 474: Boundaries the same as that portion of
Harris County Election Precinct 474
lying within the City limits of the City
of Friendswood and that portion of
Forest Bend Subdivision lying within
Harris County Election Precinct 655
lying within the City limits of the City
of Friendswood (former Harris County
Precinct 474) .
Polling Place: Wedgewood Civic Building
5006 Pennystone
Friendswood, Texas
Election Officer: Phyllis Middleton, Presiding Judge
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The City 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 election, but in no event shall the Presiding
Judge appoint less than two (2) clerks.
Section 7. Ms. Deloris Archer, 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
109 Willowick
Friendswood, Texas 77546
is hereby designated as the place for early voting for said
election. 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 permit 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
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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 8. �. J, %�L.�� �jl� 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
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 9. 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,
Texas, shall be entitled to vote.
Section 10. The City Secretary is hereby authorized and
directed to furnish all necessary election supplies to conduct
such election.
Section 11. The order in which the names of the candidates
are to be printed on the ballot in the general election shall be
determined by a drawing by the City Secretary, as provided by
Section 52 . 094 of the Texas Election Code. The City Secretary
shall post a notice in her office, at least seventy-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
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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 12 . The candidates receiving a majority of votes
for Mayor and in each of the positions to be filled at such
election shall be declared elected.
Section 13 . The voting at such election shall be upon paper
ballots. Early voting at such election shall also be by paper
ballot.
Section 14 . Notice of this election 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 such election shall be made to the
City Secretary immediately after the closing of the polls.
Section 15. Said election shall be held in accordance with
the Texas Election Code and the Federal Voting Rights Act of
1965, as amended.
PASSED, APPROVED, AND RESOLVED this 24th day of
March , 1992 .
ul W. Schr der
Mayor
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. � . , . . `_' "'" ` .
ATTEST:
.
De o is Arch CMC
City Secretary
R-92-19
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