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HomeMy WebLinkAboutResolution No. 82-05 _.._. / 4_e �. _». �ir.,� � RESOLUTION N0. A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD ON THE 3RD DAY OF APRIL, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF FRIEATDSWOOD, TEXAS, CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY; OFFICIALLY DECLARING EACH AND ALL OF THE SIX AMENDMENTS TO THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS VOTING IN SUCH CHARTER AMENDMENT ELECTION IN THE CITY ON APRIL 3, 1982, ADOPTED; AUTHORIZING AND DIRECTING THE MAYOR TO CERTIFY TO THE SECRETARY OF STATE AN AUTHENTICATED COPY OF SUCH CHARTER AMENDMENTS ; AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO RECORD SUCH CHARTER AMENDMENTS UPON THE RECORDS OF THE CITY. � � � x � WHEREAS, there was held in the City of Friendswood , Texas , on the 3rd day of April, 1982, an election for the purpo�e of submitting to the qualified voters of the City of Friendswood six proposed amendments to the existing Charter of tihe City; and WHEREAS, said election was duly and legally held in conformity with election laws of the State of Texas , and the results of said election have been certified and returned by the proper judges and clerks thereof ; and WHEREAS , there were cast at said election 2, 322 votes , of which number there were cast PROPOSITION N0. 1 FOR THE PROPOSED AMENDMENT OF SECTION 2. 02 OF ARTICLE II OF THE CHARTER. . . . . . . . . . . . 741 votes AGAINST THE PROPOSED AMENDMENT OF SECTION 2.02 OF ARTICLE II OF THE CHARTER. . . . 571 votes MAJORITY FOR THE PROPOSED AMENDMENT OF SECTION 2. 02 OF ARTICLE II OF THE CHARTER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .170 votes PROPOSITION N0. 2 FOR THE PROPOSED AN;ENDMENT OF SECTION 3. 05 OF ARTICLE III OF THE CHARTER. . . . . . . . . .1150 votes AGAINST THE PROPOSED AMENDMENT OF SECTION 3.05 OF ARTICLE III OF THE CHARTER. . . 340 votes MAJORITY FOR THE PROPOSED AMENDMENT OF SECTION 3.05 OF ARTICLE III OF THE CHARTER. . . 810 votes PROPOSITION N0. 3 FOR THE PROPOSED AMENDMENT OF THE FIRST PARAGRAPH OF SUBSECTION B OF SECTION 3.11 OF ARTICLE III OF THE CHARTER. . . . . . . . . . 1231 votes AGAINST THE PROPOSED AMENDMENT OF THE FIRST PARAGRAPH OF SUBSECTION B OF SECTION 3. 11 OF ARTICLE III OF THE CHARTER. . . . . . . . . . . 207 votes MAJORITY FOR THE PROPOSED AMENDMENT OF THE FIRST PARAGRAPH OF SUBSECTION B OF SECTION 3.11 OF ARTICLE III OF THE CHARTER. . 1024 votes PROPOSITION N0. 4 FOR THE PROPOSED AMENDMENT OF THE FIRST PARAGRAPH OF SUBSECTION B OF SECTION 5. 05 OF ARTICLE V OF THE CHARTER. . . . . . . . . . . . 1177 votes AGAINST THE PROPOSED AMENDMENT OF THE FIRST PARAGRAPH OF SUBSECTION B OF SECTION 5. 05 OF ARTICLE V OF THE CHARTER. . . . . . . . . . . . . 7_27 votes MAJORITY FOR THE PROPOSED AMENDMENT OF FIRST PARAGRAPH OF SUBSECTION B OF SECTION 5.05 OF ARTICLE V OF THE CHARTER. . . . . . . . . . . . . 950 votes PROPOSITION N0. 5 FOR THE PROPOSED AMENDMENT OF SECTION 5. 12 OF ARTICLE V OF THE CHARTER. . . . . . . . . . . . . . . . . 1093 votes AGAINST THE PROPOSED AMENDMENT OF SECTION 5.12 OF ARTICLE V OF THE CHARTER. . . . . . . . . . . . . 301 votes MAJORITY FOR THE PROPOSED AMENDMENT OF S�CTION 5. 12 OF ARTICLE V OF THE CHARTER. . . . . 792 votes PROPOSITION N0. 6 FOR THE PROPOSED AMENDMENT OF PARAGRAPH S OF SUBSECTION A OF SECTION 6. 02 OF ARTICLE VI OF THE CHARTER. . . . . . . . . . . . . . . . . . . 1160 votes AGAINST THE PROPOSED AMENDMENT OF PARA- GRAPH 5 OF SUBSECTION A OF SECTION 6. 02 OF ARTICLE VI OF THE CHARTER. . . . . . . . . . . . . . . . . 303 votes MAJORITY FOR THE PROPOSED AMENDMENT OF PARAGRAPH 5 OF SUBSECTION A OF SECTION 6. 02 OF ARTICLE VI OF THE CHARTER. . . . . . . . . . . . 857 votes ; WHEREAS, it appears to the Council , and the Council finds , that the City Secretary has tabulated the results of said election and certified such tabulation to the Council, and that such tabulation is correct ; and WHEREAS, pursuant to the provisions of Chapter 77, Page 146, Acts of the 63rd Legislature, Regular Session, 1973, -2- ' compiled as Article 1170, Vernon' s Texas Civil Statutes , the City Council desires to formally order the adoption of each and all of said amendments ; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Resolution are hereby found to be true and correct. Section 2. The election held in the City of Friendswood , Texas , on April 3, 1982, which is more fully described in the preamble of this Resolution, was called and notice thereof was given in accordance with 1aw. Only qualified , resident electors of the City voted in the election; returns of the el�ction have been lawfully made by the proper officials ; the election has resulted favorably in the adoption of the proposed amendments to the home rule Charter of the City ; and more than a majority of the qualified voters voting at the election have voted in favor of each of the propositions submitted at such election. Section 3. Each of the six amendments approved at the election on April 3, 1982, is set forth in full in City of Friendswood, Texas , Resolution No. R3-82, passed and approved on March 1, 1982, calling said election, to which Resolution reference is hereby made for all purposes. Said approved six amendments to the Charter of such City are as follows : PROPOSED AMENDMENT N0. 1 Section 2.02 of Article II of the Charter of the City of Friendswood , Texas , shall hereafter provide as follows : "Section 2. 02. Change of Boundaries and Annexation of Territory. The Council shall have the power by ordinance to fix the boundary limits of the City, and to provide by ordinance for the annexation of additional territory lying adjacent to the City with or without the consent of the inhabitants or owners of the territory to be annexed. The City Council shall have the power to detach by ordinance any territory with or without the consent of the inhabitants or owners of such area to be detached . Such annexation or detachment of any such territory shall be in accordance with the provisions of Chapter 160, Page 447, Acts of 1963, 58th Legislature , as the same is now or may hereafter be amended , same being Article 970a, Revised Civil -3- Statutes of Texas , entitled the Municipal Annexation Act ; and upon the final passage of any such ordinance , the corporate limits of the City shall thereafter include the territory so annexed ; and when any additional territory has been so annexed , same shall be a part of the City and the property situated therein shall bear its prorata part of the taxes levied by the City , and the inhabitants thereof shall be entitled to all the rights and privileges of all citizens , and shall be bound by the acts and ordinances , resolutions and regulations of the City. "In addition to the power to annex all additional property for all purposes , the City shall have the power by ordinance to fix , alter and extend the corporate boundary limits of the City for the limited purposes of planning and zoning and sanitation and health protection. " PROPOSED AMENDMENT N0. 2 The first paragraph of Section 3.05 of Article III of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 3.05. Mayor and Mayor pro-tem. "The Mayor shall be the official head of the City government. He shall be the chairman and shall preside at all meetings of the Council. The Mayor shall vote on every proposiCion before the Council , but shall have no power of veto. He shall see that all ordinances , bylaws , and resolutions of the Council are faithfully obeyed and enforced . He shall, when authorized by the Council , sign all official documents such as ordinances , resolutions , conveyances , grant agreements , official plats , contracts , and bonds. He shall appoint special committees as he deems advisable and as instructed by Council . He shall perform such other duties consistent with this Charter or as may be imposed upon him by Council. " PROPOSED AMENDMENT N0. 3 The first paragraph of subsection B of Section 3. 11 of Article III of the Charter of the City of Friendswood , Texas , shall hereafter provide as follows : "Section 3. 11. Ordinances in general . "B. Procedure : Any member of Council may offer any ordinance in writing that he 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 1 week 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 one week before first reading and , if amend�d , shall be posted and furnished in the amended form beginning one week prior to the next reading and for as long as the proposed ordinance is before Council. " PROPOSED AMENDMENT N0. 4 The first paragraph of subsection B of Section S.OS of -4- Article V of the Charter of the City of Friends�aood , Texas , shall hereafter provided as follows : "Section 5. 05. Action on Petitions . "B. Submission to Voters : The vote of the City on a proposed or referred ordinance shall be held not later than thirty days from the date called by Council , except that when a regular or special City election is to be held within one hundred twenty days , but not less than thirty days , after the final Council vote , the vote on the ordinance shall be held at the same time as the regular or special City election. " PROPOSED AMENDMENT N0. 5 Section 5. 12 of Article V of the Charter of the City of Friendswood , Texas , shall hereafter provide as follows : "Section 5.12. Failure of Council to Call an Election . "In case all of the requirements of this Charter shall h�ve been met and the Council shall fail or refuse to receive the recall petition, or order such recall election, or discharge other duties imposed upon said Council by the provisions of this Charter with reference to such recall, then in such event any qualified voter in the City may seek judicial relief in the DistricC Court of Galveston County, Texas , to have any of the provisions of this Charter pertaining to recall carried out by the proper official. " PROPOSED AMENDMENT N0. 6 The fifth paragraph of subsection A of Section 6. 02 of Article VI of the Charter of the City of Friendswood , Texas , shall hereafter provide as follows : "Section 6.02. Filing for Office. i�A. . . "5. If an incumbent seeks a different elected offiee or elected position of the City other than that which he then . holds , he shall submit a lette.r of resignation to the City Council at least sixty days prior to the date of election for . such desired office or position. The letter of resignation shall provide for an effective date of such resignation of not later than the day immediately preceeding the day of such election. " Section 4. Each of the six amendments to the Charter of the City of Friendswood , as set forth in Section 3 of this Resolution, is hereby adopted and declared to be in full farce and effect. Section 5. The Mayor of the City is hereby authorized and directed to forthwith certify to the Secretary of State of the State of Texas an authentic copy under the seal of the City of -5- P the Charter amendments approved the qualified voters of the City in the election of April 3, 1982, and approved by this Resolution. Section 6. The City Secretary of the City is hereby authorized and directed to record at length upon the records of the City, in a separate book to be kept in her office, the Charter amendments approved by Che qualified voters of the City at the election of April 3, 1982, and approved by this Resolution. PASSED, APPROVED, AND ADOPTED this 5th day of April , 19$2. ________� , � . Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney -6-