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HomeMy WebLinkAboutRes 032503-V - Gen/Special ElectionA RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, AMENDING RESOLUTION NO. 021103-M-2 AND RESOLUTION NO.031103-U TO FURTHER CORRECT REFERENCES TO CHARTER SECTION NUMBERS AND TO CLARIFY BALLOT LANGUAGE FOR THE CHARTER AMENDMENT ELECTION; TO REMOVE PROPOSITIONS 13.C. AND 13.P.; AND TO APPOINT ELECTION OFFICIALS FOR THE MAY 39 2003 GENERAL/SPECIAL ELECTION. WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas provide that on Saturday, May 3, 2003, there shall be a General Election at which shall be elected the following officials for this City: Two (2) Members of the Georgetown City Council: one Councilmember from each of Districts 1 and 5; and WHEREAS, in conjunction with the General Election, there shall be held a Special Election in which thirteen propositions for amending the Georgetown City Charter shall be considered by the qualified voters within the city limits of the City of Georgetown; and WHEREAS, the City Council desires to correct the ballot language for original Propositions I and 13.R.; to remove original Propositions 13.C. and 13.P. from the ballot to reduce the length of same; and to make final clarifications to the ballot language; and WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, a Resolution should be passed establishing the procedure to be followed in said election, and appointing the election officials for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1- VERIFICATION OF FACTS The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2 - CONFORMANCE WITH CENTURY PLAN The City Council has found that this action implements Governmental Affairs Focus End 15.01 of the Century Plan - Policy Plan Element, which states: "All citizens actively participate in governmental General/Special Election Resolution No. 0 O Page I of 6 functions."; and has found that this action is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 3 — CORRECTION OF SECTION NUMBER REFERENCES IN BALLOT LANGUAGE FOR THE CHARTER AMENDMENTS Proposition I should reference an amendment to Section 1.08 of the City Charter, not Section 1.09, and original Proposition 13.r. should reference an amendment to Section 9.06 ofthe City Charter, not Section 9.07. The correct ballot language is as follows: PROPOSITION 1. Shall Section 1.08 of the City Charter, pertaining to the Comprehensive Plan, be amended to add an element for public safety? FOR AGAINST PROPOSITION 13: Shall the following sections of the City Charter be updated and amended to be made consistent with current state law as follows: FOR r. Section 9.06, to refer to the oath of office as required by state law. AGAINST SECTION 4 — REMOVAL OF PROPOSITIONS 13.C. AND 13.P. AND FINAL CLARIFICATION OF BALLOT LANGUAGE The City Council has determined that original Propositions 13.0 and 13.D. should be deleted from the ballot inasmuch as the changes are minor and deleting these items would reduce the size of the ballot somewhat. Therefore, the Propositions originally designated as Propositions 13.C. and 13.D. are hereby deleted. The final ballot propositions for the special election on Charter amendments are set forth below: PROPOSITION 1: SHALL SECTION 1.08 OF THE CITY CHARTER, PERTAINING TO THE PLAN, BE AMENDED TO ADD AN ELEMENT FOR PUBLIC SAFETY? COMPREHENSIVE PROPOSITION 2: SHALL SECTION 2.16 OF THE CITY CHARTER, PERTAINING TO ESTABLISHMENT OF PERSONNEL POLICY, BE AMENDED TO PROVIDE THAT CITY EMPLOYEES SHALL BE "AT WILL" EMPLOYEES? PROPOSITION 3: SHALL SECTION 4.07 OF THE CITY CHARTER, PERTAINING TO POWER OF RECALL, BE AMENDED TO PROVIDE THAT THE CITIZENS SHALL HAVE THE POWER TO RECALL A CITY OFFICIAL ON THE GROUNDS OF INCOMPETENCE, MISCONDUCT, OR MALFEASANCE IN OFFICE? PROPOSITION 4: SHALL SECTION 4.07 OF THE CITY CHARTER, PERTAINING TO POWER OF RECALL, BE AMENDED TO PROVIDE THAT A RECALL PETITION MUST BE General/Special Election Resolution No. 0 3" Page 2 of 6 SIGNED BY 15% OF THE REGISTERED VOTERS IN THE CITY (IN THE CASE OF THE MAYOR), AND BY 15% OF THE REGISTERED VOTERS IN A COUNCIL DISTRICT (IN THE CASE OF A PARTICULAR COUNCIL MEMBER), AND TO PROVIDE THAT ALL REGISTERED VOTERS MAY VOTE IN A RECALL ELECTION INVOLVING THE MAYOR, AND THAT ALL REGISTERED VOTERS IN A COUNCIL DISTRICT BE ALLOWED TO VOTE IN A RECALL ELECTION INVOLVING THAT PARTICULAR COUNCIL MEMBER? PROPOSITION 5: SHALL SECTION 4.08 OF THE CITY CHARTER, PERTAINING TO RECALL ELECTION, BE AMENDED TO STATE THAT A RECALL PETITION MUST SPECIFICALLY AND DISTINCTLY SET FORTH THE FACTUAL BASIS AND CIRCUMSTANCES UPON WHICH THE PETITION FOR REMOVAL IS BASED TO GIVE THE OFFICIAL NOTICE OF ALL MATTERS AND THINGS FORMING THE BASIS OF THE PETITION? PROPOSITION 6: SHALL SECTION 5.06 OF THE CITY CHARTER, PERTAINING TO THE CITY ATTORNEY, BE AMENDED TO PROVIDE THAT THE HIRING OF ALL ASSISTANT CITY ATTORNEYS BE APPROVED BY THE CITY COUNCIL, AND THAT THE CITY ATTORNEY AND ANY ASSISTANT ATTORNEYS SERVE AT THE WILL OF THE COUNCIL? PROPOSITION 7: SHALL SECTIONS 6.09 AND 6.10 OF THE CITY CHARTER, PERTAINING TO REVENUE BONDS AND SALE OF BONDS, BE AMENDED TO INCLUDE THE TERM "OBLIGATIONS" AND THEREBY TO ALSO APPLY TO THE ISSUANCE OF CERTIFICATES OF OBLIGATION? PROPOSITION 8: SHALL SECTION 6.10 OF THE CITY CHARTER, PERTAINING TO SALE OF BONDS, BE AMENDED TO PROVIDE THAT THE CITY COULD SELL BONDS AT PAR OR A PRICE THAT ACHIEVES THE OVERALL LOWEST INTEREST RATE FOR THE CITY? PROPOSITION 9: SHALL SECTION 6.11 OF THE CITY CHARTER, PERTAINING TO PURCHASING POWER, BE AMENDED TO PROVIDE THAT THE CITY MANAGER HAS THE AUTHORITY TO CONTRACT FOR EXPENDITURES WITHOUT FURTHER APPROVAL OF COUNCIL FOR ALL BUDGETED ITEMS THAT DO NOT EXCEED THE DOLLAR LIMITATIONS SET FORTH IN STATE LAW PERTAINING TO COMPETITIVE BIDDING? PROPOSITION 10: SHALL SECTION 9.01 OF THE CITY CHARTER, PERTAINING TO NEPOTISM, BE AMENDED TO PROVIDE THAT THE PROHIBITION AGAINST NEPOTISM DOES NOT APPLY TO A PERSON EMPLOYED BY THE CITY AT LEAST ONE YEAR PRIOR TO THE ELECTION OR APPOINTMENT OF A RELATED CITY OFFICIAL, AND THAT IT DOES NOT APPLY TO ANY UNPAID MEMBERS OF CITY BOARDS, COMMITTEES, OR COMMISSIONS? PROPOSITION 11: SHALL SECTIONS 2.09, 2.13 OF THE CITY CHARTER BE AMENDED AND A NEW SECTION BE ADDED TO INCLUDE PROVISIONS RELATED TO OPERATIONS OF THE CITY AND FUNCTIONING OF THE CITY COUNCIL IN THE CASE OF AN EMERGENCY OR DISASTER? PROPOSITION 12: SHALL A NEW SECTION OF THE CHARTER BE ADDED AUTHORIZING General/Special Election Resolution No. C) "' v Page 3 of 6 THE CITY COUNCIL, BY ORDINANCE, TO MAKE NONSUBSTANTIVE AMENDMENTS TO THE CHARTER ONLY FOR THE PURPOSE OF CORRECTING GRAMMATICAL ERRORS, ENHANCING READABILITY, UPDATING LEGAL CITATIONS, AND CLARIFYING EXISTING PROVISIONS TO AID IN PUBLIC UNDERSTANDING? PROPOSITION 13: SHALL THE FOLLOWING SECTIONS OF THE CITY CHARTER BE UPDATED AND AMENDED TO BE MADE CONSISTENT WITH CURRENT STATE LAW AS FOLLOWS: A. SECTION 1.06, TO ALLOW ANNEXATION BY ELECTION IN COMPLIANCE WITH: STATE LAW, B. SECTION 2.03, TO REQUIRE VACANCIES ON THE CITY COUNCIL TO BE FILLED IN ACCORDANCE WITH STATE LAW. C. SECTION 2.09, TO REQUIRE MINUTES OF MEETINGS TO BE TAKEN IN THE FORM AND MANNER REQUIRED BY THE TEXAS OPEN MEETINGS ACT. D. SECTION 3.01, TO REQUIRE THE GENERAL ELECTIONS TO BE HELD ON THE UNIFORM ELECTION DATES PRESCRIBED BY STATE LAW. E. SECTION 3.03, TO REQUIRE CANDIDATES FOR CITY OFFICE TO FILE IN ACCORDANCE WITH STATE LAW. F. SECTION 4.03, TO ADD A REQUIREMENT THAT PETITIONS FOR INITIATIVE OR REFERENDUM MUST CONFORM TO STATE LAW AND THE CITY CHARTER. G. SECTION 4.04, TO REQUIRE PETITIONS FOR INITIATIVE OR REFERENDUM TO BE FILED, EXAMINED, AND CERTIFIED IN ACCORDANCE WITH STATE LAW AND THE CITY CHARTER. H. SECTIONS 4.07 AND 4.08, TO DELETE THE REFERENCE TO INITIATIVE PETITIONS, AND TO ADD A REQUIREMENT THAT A RECALL PETITION MUST BE SIGNED AND VERIFIED IN ACCORDANCE WITH THE REQUIREMENTS OF STATE LAW AND THE CITY CHARTER, I. SECTION 4.09, TO REQUIRE THAT VACANCIES RESULTING AFTER A SUCCESSFUL RECALL ELECTION BE FILLED IN THE MANNER PROVIDED FOR BY STATE LAW. J. K: SECTION 4.12, TO REQUIRE COMPLIANCE WITH STATE LAW IN THE EVENT THAT A RECALL ELECTION IS NOT CALLED UPON RECEIPT OF A PROPER RECALL PETITION. General/Special Election Resolution No. 03a503 Y Page 4 of 6 K. L: SECTION 5.08, TO PROVIDE THAT A JUDGE OF MUNICIPAL COURT MAY BE REMOVED IN ACCORDANCE WITH STATE LAW. L. M: SECTION 6.02, TO REQUIRE OPEN PUBLIC MEETINGS ON THE BUDGET PRIOR TO ADOPTION IN CONFORMANCE WITH STATE LAW. M. SECTION 6.12, TO REQUIRE DISINTERESTED CITY AUDITORS IN ACCORDANCE WITH STATE LAW. N. SECTION 7.01, TO REQUIRE TAXATION TO BE IN ACCORDANCE WITH STATE LAW, O. SECTION 9.02, TO BE CONSISTENT WITH THE REQUIREMENTS OF STATE LAW REGARDING AVAILABILITY OF RECORDS. P. SECTION 9.06, TO REFER TO THE OATH OF OFFICE AS REQUIRED BY STATE LAW, SECTION 5 — APPOINTMENT OF ELECTION OFFICIALS The Presiding and Alternate Presiding Judges for early voting and Election Day polling places shall be as stated on the attached Exhibit "A." SECTION 6 — AUTHORIZATION TO EXECUTE The Mayor of the City of Georgetown is authorized to execute and the City Secretary is authorized to attest to this Order on behalf of the City Council; and the Mayor is further authorized to do all other things legal and necessary in connection with the holding and consummation of the General Election. Any prior Resolutions that conflict with this Resolution shall be have no force and effect to the extent of such conflict. Any prior Resolutions that do not conflict with this Resolution shall remain in full force and effect. SECTION 7 — EFFECTIVE DATE This Resolution shall be effective immediately upon its approval. RESOLVED this 25th day of March, 2003. THE CITY OF GEORGETOWN: Nelon, Mayor General/Special Election Resolution No. Page 5 of 6 Attest: Lee, City as to form: icia E. Carls, City Attorney General/Special Election Resolution No. 0 5 0 ° Page 6 of 6 CITY OF GEORGETOWN AND GEORGETOWN ISD ELECTION DAY JUDGES AND ALTERNATES MAY 3, 2003 COUNTY COURTHOUSE JUDGE ALTERNATE JUDGE Merrill Person Diane Sansom 2261 CR 152 1508 Laurel Street Georgetown TX 78626 Georgetown, TX 78626 Pct 330, GS Pct 370, GS, GC7 GEORGETOWN ISD ADMINISTRATION BUILDING JUDGE ALTERNATE JUDGE Velta Simmons Lillie Hargett 128 Ridgecrest Rd. 509 Cedar Dr. - 101 Georgetown, TX 78628 Georgetown, TX 78628 Pet 302, GS, GC4 Pet 371, GS, GC2 GEORGETOWN POST OFFICE JUDGE Christa R. Wade 300 CR 103 Georgetown, Pct 369, GS TX 78626 SUN CITY SOCIAL CENTER JUDGE Audrey M. McDonald 122 Stetson Tr. Georgetown, TX 78628 Pet 381, GC4 ALTERNATE JUDGE Lucile W. Byerley 2502 Sunrise Valley Ln. Georgetown, TX 78626 Pct 168, GS, GC 1 ALTERNATE JUDGE Kathryn Annette Reimer 201 Whippoorwill Cv. Georgetown, TX 78628 Pct 381, GS, GC4