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HomeMy WebLinkAboutOrdinance No. 2022-03 ORDINANCE NO. 2022-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, ORDERING THE GENERAL ELECTION TO BE HELD ON THE 7TH DAY OF MAY, 2022, FOR THE PURPOSE OF ELECTING TWO COUNCILMEMBERS FOR POSITIONS FOUR (4) AND SIX (6); ORDERING A SPECIAL ELECTION TO BE HELD ON THE 7TH DAY OF MAY,2022, FOR THE PURPOSE OF AMENDING ARTICLE 11"POWERS OF THE CITY," SECTION 2.01 "GENERAL POWERS"; ARTICLE III "CITY COUNCIL," SECTION 3.02 "QUALIFICATIONS," SECTION 3.09 "MEETINGS OF THE CITY COUNCIL,"AND SECTION 3.11 "ORDINANCES IN GENERAL'; ARTICLE IV "ADMINISTRATIVE SERVICES," SECTION 4.04 "CITY SECRETARY"; ARTICLE V "INITIATIVE, REFERENDUM AND RECALL," SECTION 5.06 "ACTION ON PETITIONS," SUBSECTION (B) "SUBMISSION TO VOTERS"; ARTICLE VI "NOMINATIONS AND ELECTIONS; OATH OF OFFICE," SECTION 6.04 "CANVASSING AND ELECTION RESULTS," SUBSECTION (A) "CANVASSING"; ARTICLE VIII "FINANCIAL ADMINISTRATION," SECTION 8.03 "ANNUAL BUDGET," SUBSECTION (A) "CONTENT" AND SUBSECTION (C) "PUBLIC NOTICE AND HEARING" AND SECTION 8.05 "BORROWING FOR CAPITAL IMPROVEMENTS," SUBSECTION (F) "ELECTIONS TO AUTHORIZE DEBT'; ARTICLE IX "FRANCHISES AND PUBLIC UTILITIES," SECTION 9.10 "PUBLIC SERVICE CORPORATIONS TO FILE ANNUAL REPORTS," SUBSECTION (A);AND ARTICLE XI "GENERAL PROVISIONS," SECTION 11.02 "CITY NEWSPAPER" OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS; MAKING OTHER PROVISIONS RELATED TO SUCH ELECTIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS,the Friendswood City Council deems that, in accordance with the laws of the State of Texas, a General Election should occur on May 7, 2022, for the purpose of electing a Councilmember to Position No. Four(4)and a Councilmember to Position No. Six(6); and WHEREAS,the Friendswood City Council deems that, in accordance with the laws of the State of Texas, a Special Election should occur on May 7, 2022, for the purpose of amending Article II"Powers of the City,"Section 2.01 "General powers";Article III"City Council,"Section 3.02"Qualifications,"Section 3.09"Meetings of the City Council,"and Section 3.11 "Ordinances in general"; Article IV "Administrative Services," Section 4.04 "City Secretary"; Article V "Initiative, Referendum and Recall," Section 5.06 "Action on petitions, Subsection (b) "Submission to voters"; Article VI "Nominations and Elections; Oath of Office," Section 6.04 "Canvassing and election results," Subsection (a) "Canvassing"; Article VIII "Financial Administration," Section 8.03 "Annual budget," Subsection (a) "Content" and Subsection (c) "Public notice and hearing"and Section 8.05 "Borrowing for capital improvements," Subsection (f)"Elections to authorize debt";Article IX"Franchises and Public Utilities,"Section 9.10"Public service corporations to file annual reports"; and Article XI "General provisions," Section 11.02 "City newspaper"of the Charter of the City of Friendswood, Texas;and WHEREAS, the Friendswood City Council wishes to proceed with the ordering of such elections and the City Council has determined that holding such elections is in the public interest; and WHEREAS, the laws of the State of Texas further provide that the Texas Election Code ("Code") is applicable to all general and special municipal elections and in order to comply with said Code, an ordinance should be passed establishing the procedures to be followed for the May 7, 2022, election; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section I. General Election. In accordance with the Charter of the City of Friendswood and the laws and the Constitution of the State of Texas, a General Municipal Election is hereby ordered to be held in and throughout the City of Friendswood on May 7, 2022, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. at which General Election all qualified voters of the City of Friendswood, Texas (the "City") may vote for the purpose of electing the following officials of the City: Councilmember, Position No. 4; and Councilmember, Position No. 6. Section 2. Placement on Official Ballot. That any eligible and qualified person may have his/her name printed upon the official ballot as an independent candidate for the office of Councilmember by filing a sworn application with the City Secretary of the City of Friendswood, no later than 5:00 p.m., February 18, 2022. The form of the sworn application for the candidates for the office of Councilmember shall be as set forth by Section 141.031 of the Texas Election Code. Section 3. Candidate Qualifications. That the qualifications of the Councilmembers are as follows: OFFICE QUALIFICATIONS ➢ shall be a citizen of the United States of America; ➢ shall be a qualified voter of the State of Texas and the City of Friendswood; ➢ shall have resided for at least twelve (12) months preceding the election within the corporate limits of the City of Friendswood, including territory Councilmember annexed prior to the filing deadline; ➢ shall be at least 21 years of age; ➢ shall meet the requirements for sponsors stipulated in the Charter; and ➢ shall meet such other requirements as set forth in Chapter I41 of the Texas Election. Code and in the Charter of the City of Friendswood, Texas. Section 4. Ballot. That the form of the ballot for said general election shall be substantially as follows: OFFICIAL BALLOT Vote for the candidate of your choice in each race by placing an `X' or filling in the shape beside the candidate's name. COUNCILMEMBER POSITION NO.4 COUNCILMEMBER POSITION NO. 6 Section 5. Placement on/Removal from Ballot. That any person eligible for the office of City Councilmember who has filed his/her own sworn application in accordance with the provisions of this ordinance shall have his/her name printed on the official ballot. On or before February 23, 2022, any such person may cause his/her name to be withdrawn by filing, in writing, with the City Secretary, a request to that effect over his/her own signature, duly attested to by a Notary Public. No names so withdrawn shall be printed on the ballot. Section 6. Determination of Ballots for General Election. The candidates receiving a majority of votes for the position to be filled at such election shall be declared elected. Section 7. Special Election. In accordance with the Charter of the City of Friendswood and the laws and the Constitution of the State of Texas, a Special Municipal Election is hereby ordered to be held in and throughout the City of Friendswood on May 7, 2022, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. at which Special Election all qualified voters of the City of Friendswood, Texas (the "City") may vote for the purpose of voting for or against the proposed amendments set forth herein. The proposed amendments affect only the articles and sections listed below which are submitted for amendment to read as follows: CITY OF FRIENDSWOOD PROPOSITION A Amending Article II "Powers of the City," Section 2.01 "General powers" of the Charter of the City of Friendswood, Texas, to read as follows: See. 2.01. General powers. Except as otherwise specifically provided in this Charter, the City shall have all powers possible for a Home Rule city to have under the Constitution and laws of the State of Texas as fully and completely as though they were expressly enumerated in this Charter, including the power to acquire property within Galveston, Harris, and Brazoria Counties. CITY OF FRIENDSWOOD PROPOSITION B Amending Article III "City Council," Section 3.02 "Qualifications" of the Charter of the City of Friendswood, Texas, to read as follows: Sec.3.02. Qualifications. In addition to any other qualifications prescribed by law, the Mayor and each Councilmember shall be a qualified voter and shall reside within the City while in office. CITY OF FRIENDSWOOD PROPOSITION C Amending Article III "City Council," Section 3.09 "Meetings of the City Council" of the Charter of the City of Friendswood, Texas, to read as follows: Sec. 3.09. Meetings of the City Council. The City Council shall establish the days and times of its regular meetings but hold at least one regular meeting each month. Except during declared emergencies, all regular meetings of the City Council shall be held within the corporate limits of the City. All meetings of the council shall be open to the public, except as authorized by law. CITY f FRIENDSWOOD PROPOSITION D Amending Article III "City Council," Section 3.11 "Ordinances in general" of the Charter of the City of Friendswood, Texas, to read as follows: Sec. 3.11. Ordinances in general. (a) Form. The Council shall legislate by ordinance only, and the enacting clause of every ordinance shall be: "Be it Ordained by the City Council of the City of Friendswood, State of Texas." (b) Effective Date. Each proposed ordinance shall be introduced in written, electronic, or printed form and, upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective upon adoption or at a later time as specified in the ordinance. The City Secretary shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption of any such ordinance to be published in the official newspaper in the City of Friendswood. (c) Readings. Ordinances that require one reading are those ordinances that: (1) require a public hearing or more notice than required by the Texas Open Meetings Act; (2) relate to the adoption or amendment to the budget; (3) relate to the assessment, levy, or collection of taxes; (4) relate to the calling of an election, or the canvassing of the returns and declaration of results of an election; (5) relate to the incurring of indebtedness, including, specifically, the issuance or sale of bonds or certificates of obligation; (6) relate to the development or improvement of a street; or (7) relate to an emergency so declared by Council. For all other ordinances, including the franchise for a public utility, the caption shall be read at two council meetings on separate days. An ordinance requiring two readings shall be deemed rejected if approval on final reading is not obtained within 90 days of the date approval on first reading is obtained. (d) Amendments/Printed Code. The City Council shall have power to cause the ordinances of the City to be corrected, amended, revised, codified, and printed in code form as often as the Council deems advisable, and such printed code, when adopted by the Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. Such printed code shall be admitted in evidence in all courts and places without further proof. CITY OF FRIENDSWOOD PROPOSITION E Amending Article IV "Administrative Services," Section 4.04 "City Secretary" of the Charter of the City of Friendswood, Texas, to read as follows: Sec. 4.04. City Secretary. (a) Appointment. The City Manager shall appoint a City Secretary who shall act as the secretary to the Council and shall hold office at the pleasure of the City Manager. He/she shall be provided an office in the City Hall sufficient to maintain the records entrusted to his/her care and shall be entitled to a seat at the Council table at all official meetings. (b) Duties of the City Secretary. The duties of the City Secretary shall be as follows: (1) Record the minutes of all official meetings of the Council; provided, however, only the captions of duly enacted ordinances and resolutions shall be recorded in the minutes. (2) Be the custodian of all municipal records of the Council. (3) Recommend to the Council rules and regulations to be adopted by ordinances to protect the safety and security of the municipal records. (4) Hold and maintain the City seal and affix [it] to all instruments requiring such seal. (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 working days following such appointment by the Mayor or Council. (c) Compensation. The City Manager shall set the compensation of the City Secretary. CITY OF FRIENDSWOOD PROPOSITION F Amending Article V "Initiative, Referendum and Recall," Section 5.06 "Action on petitions," Subsection (b) "Submission to voters" of the Charter of the City of Friendswood, Texas, to read as follows: Sec. 5.06. Action on petitions. (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 subsection (a)(3) above. Copies of the proposed or referred ordinance shall be made available at the City Secretary's Office and posted on the City's website 15 days immediately preceding the election. CITY OF FRIENDSWOOD PROPOSITION G Amending Article VI "Nominations and Elections; Oath of Office," Section 6.04 "Canvassing and election results," Subsection (a) "Canvassing" of the Charter of the City of Friendswood, Texas, to read as follows: Sec. 6.04. Canvassing and election results. (a) Canvassing. Returns of the elections, general and special, shall be made by the election officers to the city council and the council shall canvass the returns and declare the results of such election in accordance with law. CITY OF FRIENDSWOOD PROPOSITION H Amending Article VIII "Financial Administration," Section 8.03 "Annual budget," Subsection (a) "Content" and Subsection (c) "Public notice and hearing" of the Charter of the City of Friendswood, Texas, to read as follows: Sec. 8.03. Annual Budget. (a) Content. The budget shall provide a complete financial plan of all City funds and activities and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council may require. A budget message explaining the budget both in fiscal terms and in terms of the work programs shall be submitted with the budget. It shall outline the proposed financial policies of the City for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues, with reasons for such changes. It shall also summarize the City's debt position and include such other material as the manager deems desirable. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, the proposed property tax levy, and all proposed expenditures for the ensuing fiscal year, including debt service and an itemized estimate of the expense of conducting each department of the City. The proposed budget expenditures shall not exceed the total of estimated income. The budget shall be so arranged as to comply with state law. (c) Public notice and hearing. Any public hearing on the proposed budget shall be held and published in accordance with law. CITY OF FRIENDSWOOD PROPOSITION I Amending Article V111 "Financial Administration," Section 8.05 "Borrowing for capital improvements," Subsection (f) "Elections to authorize debt" of the Charter of the City of Friendswood, Texas, to read as follows: Sec. 8.05. Borrowing for Capital Improvements. (t) Elections to authorize debt. Notwithstanding any other provision contained in this Section 8.05 to the contrary, the Council shall only issue debt pursuant to state law and shall be prohibited from issuing certificates of obligation without voter approval; 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. CITY OF FRIENDSWOOD PROPOSITION J Amending Article IX "Franchises and Public Utilities," Section 9.10 "Public service corporations to file annual reports," Subsection (a) of the Charter of the City of Friendswood, Texas, to read as follows: Sec. 9.10. Public service corporations to file annual reports. (a) The Council may require all public service corporations operating within the corporate limits of the City to file a sworn annual report of the receipts from the operation of the said business for the current year, how expended, how much thereof for betterments or improvements, the rate of tolls or charges for services rendered to the public, and any other facts or information that the Council may deem pertinent for its use, including reports on operations within the City in intelligently passing upon any questions that may arise between the City and the said public service corporations; said reports to be filed with the City Secretary, and preserved for the use of the City Council. Such reports shall be reviewed annually by the Council to determine the propriety of the rates being charged. CITY OF FRIENDSWOOD PROPOSITION K Amending Article XI "General provisions," Section 11.02 "City newspaper" of the Charter of the City of Friendswood, Texas, to read as follows: See. 11.02. City newspaper. The Council shall, at a minimum, biennially designate a public newspaper of general circulation in the City as official publication thereof, and to continue as such until another is designated, and shall cause to be published therein all ordinances, notices and other matters required by this Charter, by the ordinances of the City, or by the Constitution and/or laws of the State of Texas to be published. Section 8. Determination of Ballots for Special Election. If a proposed amendment is approved by a majority of the qualified voters voting thereon, it shall take effect and become part of the Charter upon its adoption and the entering of an order by the City Council declaring the amendment adopted. Section 9. That the form of the ballot for said election shall be substantially as follows: OFFICIAL BALLOT [ ] FOR CITY OF FRIENDSWOOD PROPOSITION A The amendment to Article II "Powers of the City," [ ] AGAINST Section 2.01 "General powers" of the Friendswood City Charter to authorize the purchase of property within Galveston, Harris and Brazoria Counties. CITY OF FRIENDSWOOD PROPOSITION B [ ] FOR The amendment to Article III "City Council," Section 3.02 "Qualifications," of the Friendswood City [ ] AGAINST Charter to remove the reference to qualifications required to file for office from this section, which pertains to qualifications while in office. [ ] FOR CITY OF FRIENDSWOOD PROPOSITION C The amendment to Article III "City Council," Section [ ] AGAINST 3.09 "Meetings of the City Council" of the Friendswood City Charter to conform meetings of the City Council to the requirements of state law. [ ] FOR CITY OF FRIENDSWOOD PROPOSITION D "City The amendment to repeal and replace Article III [ ] AGAINST Council," Section 3.11 "Ordinances in general" of the Friendswood City Charter to update the procedures for the passage of ordinances and their effective dates. [ ] FOR CITY OF FRIENDSWOOD PROPOSITION E The amendment to Article IV "Administrative [ ] AGAINST Services," Section 4.04 "City Secretary" of the Friendswood City Charter to allow the City Manager to appoint and supervise the City Secretary. CITY OF FRIENDSWOOD PROPOSITION F The amendment to Article V "Initiative, Referendum [ ] FOR and Recall," Section 5.06 "Action on petitions, Subsection (b) "Submission to voters" of the [ ] AGAINST Friendswood City Charter to require a proposed or referred ordinance be posted on the City's website instead of being posted at each polling location and on the Cit 's notice boards. CITY OF FRIENDSWOOD PROPOSITION G The amendment to Article VI "Nominations and [ ] FOR Elections; Oath of Office," Section 6.04 "Canvassing [ ] AGAINST and election results," Subsection (a) "Canvassing" of the Friendswood City Charter to conform the canvassing requirements to state law. CITY OF FRIENDSWOOD PROPOSITION H The amendment to Article VIII "Financial "Annual [ ] FOR Administration," Section 8.03 budget," [ ] AGAINST Subsection (a) "Content" and Subsection (c) "Public notice and hearing" of the Friendswood City Charter to conform budget matters related to content and hearings to state law. CITY OF FRIENDSWOOD PROPOSITION I The amendment to Article VIII "Financial [ ] FOR Administration," Section 8.05 "Borrowing for capital improvements," Subsection (f) "Elections to authorize [ ] AGAINST debt" of the Friendswood City Charter to authorize Council to issue debt only to the extent allowed by law but require voter approval prior to the issuance of certificates of obligation. CITY OF FRIENDSWOOD PROPOSITION J The amendment to Article IX "Franchises and Public [ ] FOR Utilities," Section 9.10 "Public service corporations to [ ] AGAINST file annual reports" of the Friendswood City Charter to allow Council to determine when public service corporations are required to file annual reports with the City. CITY OF FRIENDSWOOD PROPOSITION K Amendment Article XI "General provisions," Section [ ] FOR 11.02 "City newspaper" of the Friendswood City [ ] AGAINST Charter to require the City Council to designate a public newspaper for its publications at least every two ears. Section 10. Findings. The City Council finds and declares that each proposition stated hereinabove is confined to one subject and that the propositions are submitted to enable the qualified voters to vote on each amendment separately. Section H . Joint Election. That the general election called in Section 1 hereof and the special election called in Section 7 hereof shall be held as joint elections with Harris County and Galveston County pursuant to the joint election agreement to be entered into with each county. Section 12. Polling Locations. That the City shall use the polling places along with election officials for the general and special elections ordered in Section 1 and Section 7 hereof as designated by Harris County and Galveston County. Section 13. Voting Equipment. Hart InterCivic Verity equipment shall be used for voting at the designated election precincts, and electronic counting devices and equipment shall be used for counting the ballots at the general and special elections. Section 14. Early Voting. Each qualified voter who desires to cast an early vote shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code. Early voting will be conducted by the Early Voting Clerks at the places designated by Harris County and Galveston County. The location of the main early voting polling place for each county is as follows: Galveston County Courthouse Dwight D. Sullivan Galveston County Clerk Elections Division 600 59t" St., 2°d Floor, Suite 2001 Galveston, TX 77551 Isabel Longoria Harris County Elections Administrator 1001 Preston, 4th Floor, Room 440 Houston, TX 77002 Hart Intercivic Verity equipment shall be used for early voting by personal appearance. Early voting by personal appearance shall commence on April 25, 2022, and end on May 3, 2022, in accordance with the schedules adopted by Harris and Galveston Counties. Hart Intercivic Verity equipment shall be used for early voting by mail in Harris County and Galveston County. Applications for ballots to be voted by mail should be mailed as follows: (a) For Galveston County: By By By ATTN: Ballots by Mail Galveston County Courthouse c/o Dwight Sullivan (409) 765-3249 Dwight D. Sullivan Galveston County Clerk Galveston County Clerk P. O. Box 17253 Elections Division 600 59" St., 2°d Floor, Suite 2001 Galveston, TX 77552-7253 Galveston, TX 77551 By email('): absenteeballotapplications@co.galveston.tx.us r--=Phone _ No.: 409-770-5108 1 Website: htt:// alvestonvotes.or (>) If an application is sent to the early voting clerk by fax or email, the original application must still be mailed, and received by the early voting clerk no later than the 4t" business day after receiving the emailed or faxed ABBM or faxed FPCA, to the address shown above for Regular Mail. 10 (b) For Harris County: Isabel Longoria Harris County Elections Administrator Attn: Elections Division P.O. Box 1 148 Houston, TX 77251- 1148 (713) 755-4983 or (713) 437-8683 Isabel Longoria Harris County Elections Administrator 1001 Preston, 4th Floor, Room 440 Houston, TX 77002 By email'): BBM cco.hctx.net Phone No.: (713) 755-6935 1 Website: http://harrisvotes.org ") If an application is sent to the early voting clerk by fax or email, the original application must still be mailed, and received by the early voting clerk no later than the 41h business day after receiving the emailed or faxed ABBM or faxed FPCA, to the address shown above for Regular Mail. The last day to submit an application for a ballot to the respective Early Voting Clerk to be voted by mail is April 26, 2022 (received, not postmarked). Section 15. Central Counting Stations. The Central Counting Stations to receive and tabulate voted ballots shall be at the locations designated by Harris and Galveston Counties. Section 16, Election Notice. The general election and the special election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In the general election and in the special election, the Mayor and the City Secretary of the City of Friendswood shall do and perform each act as required to be done and performed respectively by the County Judge and the County Clerk of the Commissioners' Court. The notice of the general and special elections shall be given by posting a substantial copy of this election ordinance at City Hall and at three other places in the City, not later than the 2Is' day prior to the date set for the election; and a substantial copy of this election ordinance also shall be published at least once in a newspaper of general circulation published in the City, the date of the first publication to be not more than 30 days and not less than 10 days prior to the date set for the general and special elections. Notice of the general and special elections shall also be provided to the Harris County Clerk and Galveston County Clerk not later than the 60"' day before the date of the elections ordered herein. Section 17. Further Action. The City Secretary is further authorized to give or cause to be given notices required for the general and special elections, and to take such other and further action as is required to conduct such elections in compliance with the Texas Election Code. Section 18. Compliance with Law. In all matters relating to the ordering, giving notice, and holding the general and special elections, the City shall comply with the applicable parts of the Texas Election Code, including Chapter 272 of the Texas Election Code pertaining to bilingual requirements, and the Federal Voting Rights Act of 1965, as amended. Section 19. Effective Date. This ordinance shall take effect immediately from and after its passage by the City Council of the City of Friendswood, Texas. PASSED, APPROVED and ADOPTED by the affirmative vote of the City Council of the City of Friendswood on this the 7th day of February, APPROVED AS TO FORM: KAREN L. HORNER, City Attorney O� F?,IENo& HACiry• Council\Ordinances\2022\02-07--7022\2022 02 07 Proposed Ordinance - Calling Municipal Election.docs 12