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HomeMy WebLinkAboutORD 880112.15 - Ordering Electiona ORDINANCE NO 0 1a� AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON THE 7TH DAY OF MAY, 1988, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF GEORGETOWN, TEXAS, CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY; STATING THE PROPOSED CHARTER AMENDMENTS TO BE VOTED UPON AT SAID ELECTION; DESIGNATING THE POLLING PLACES AND APPOINTING ELECTIONS OFFICIALS FOR SUCH ELECTION; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; PROVIDING A TRANSITIONAL CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO SUCH ELECTION. WHEREAS, the City Council of the City of Georgetown, Texas deems it necessary and proper and in the best interest of the citizens of the City of Georgetown to order an election to be held on May 7, 1988; and WHEREAS, the City Council also finds it necessary to submit to the voters of the City of Georgetown, Texas, certain proposed amendments to the existing charter of the City; and WHEREAS, the proposed amendments relate to: revisions and/or amendments to the comprehensive plan; the Planning and Zoning Commission membership; increasing the number of councilmembers and serving in single member districts; appointments to Boards, Commissions and Committees; canvassing elections, declaring results and providing for a run-off election; establishing October 1 as the start of the fiscal year and authorizing emergency expenditures; and WHEREAS, the City Council has designated certain polling places, election officials, voting system, and compensation for election officials; and WHEREAS, the City Council finds that the form of ballot reflects the proposed Charter amendments; and WHEREAS, the City Council finds it necessary to provide for a 03/21/88 REVISION charter election(csf ords) page 1 of 3 transitional clause, should the proposed Charter amendments pass; and WHEREAS, the City Council finds that the "Order of Election" attached hereto as Exhibit "A" incorporates all of the above in full; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section 1. The City Council hereby adopts and approves the "Order of Election" attached hereto as Exhibit "A4° and incorporated herein as if fully set forth at length. Section 2. The Election for the purpose of submitting to the qualified voters of the City of Georgetown, Texas certain Charter amendments is hereby ordered for Saturday, May 7, 1988. Section 3. The City Manager is hereby authorized and directed to execute an Election Services Contract with the County of Williamson, Texas. Section 4. If the proposed Charter amendment relating to Section 2.01 of Article II passes, the City Council shall by ordinance make the appropriate changes to Article II and IV of the Charter of the City of Georgetown, Texas, so as to be consistent with previous voting and quorum requirements of Councilmembers, as follows: Section 2.09 of Article II. a. The Mayor and a majority of the members of Council shall constitute a quorum, and in the Mayor's absence, a majority plus one of the members of Council shall constitute a quorum. b. Legislation may not be enacted unless it is adopted by a vote of not less than a majority of the members of the Council. C. Should the Council be reduced to plus one of the members of Council by nonresidence or for any other reason, Council shall constitute a quorum for vacancies. Section 2.10 of Article II. a. The reading of ordinances on two with by a favorable vote of not less all the Councilmembers qualified and Section 4.06 of Article IV. less than a majority death, resignation, the remaining members of the the purpose of filling separate days may be dispensed than a majority plus one of serving a. A favorable vote of a majority plus one of all Councilmembers qualified and serving be required to repeal or amend an ordinance passed at a refererendum election. 03/21/88 REVISION charter election(csf ords) page 2 of 3 Section publication 5. That notice of of such amendments such in a election shall be given by newspaper of general circulation in the of City on the first the same day in each publication to be of not two (2) successive weeks, the date less than fourteen (14) days prior to by the election the Texas date. Notice Election Code. shall additionally be given as required Section 6. This ordinance shall become effective upon passage and final reading hereof. PASSED on first reading this ath day of , 1988, by a vote of "AyesP1 and "Nos", with (number) of Councilmembers present and voting. PASSED, APPROVED AND ADOPTED on second and final reading this APPROVED: JIM COLBERT, MAYOR ATTEST: APPROVED AS TO FORM: DIFAIM rCALIIANDER, CITY ATTORNEY 03/21/88 REVISION charter election(csf ords) page 3 of 3 EXHIBIT "A" ORDER OF ELECTION CITY OF GEORGETOWN, TEXAS Section 1. It is hereby ordered that an election be held in the City of Georgetown, Texas, on the 7th day of May, 1988, 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 Georgetown, Texas. Such amendments are as follows. PROPOSED AMENDMENT NO. 1 Subsection (2) of Section 1.08 of Article I of the Charter of the City of Georgetown, Texas, shall hereafter provide as follows: "Section 1.08. Comprehensive Plan. (2) The Comprehensive Plan. The Council shall adopt by ordinance a revised comprehensive plan within two (2) years from the date the amended Charter is adopted, which shall constitute the master and general plan. The comprehensive plan shall contain the Council's policies for growth, development and beautification of the land within the corporate limits and the extraterritorial jurisdiction of the City, or for geographic portions thereof including neighborhood, community or area -wide plans. The comprehensive plan should include but not be limited to. (a) A future land -use element; (b) A traffic circulation and public transit element; (c) A wastewater, electric, solid waste, drainage and potable water element; (d) A conservation and environmental resources element; (e) A recreation and open space element; (f) A housing element; (g) A public services and facilities element, which shall include but not be limited to a capital improvement program. (h) A public buildings and related facilities element; (i) An economic element for commercial and industrial development and redevelopment; 03/21188 REVISED charterelec exhibit(csf ords) page 1 of 09 (j) Health and human service element* (k) Historic preservation element* (1) Citizen participation element* and (m) Urban design element. The several elements of the comprehensive plan should be coordinated and be internally consistent. Each element should include policy recommendations for its implementation and should be implemented, in part, by the adoption and enforcement of appropriate land development regulations. The comprehensive plan shall be amended only once per year and revised not more than once every five (5) years unless such amendment or revision is adopted by a majority plus one of the City Council. An amendment is defined as a minor change in the plan. A revision is defined as a substantial change to the plan." PROPOSED AMENDMENT NO. 2 Section 1.09 of Article I of the Charter of the City of Georgetown, Texas, shall who must be registered voters in the City of Georgetown and hereafter resided within the city for one (1) year next provide as appointment. follows: for appointing a Commission 11Section 1.09. The Planning and Zoning Commission. There shall be established by ordinance a Planning and Zoning the Charter Commission composed of at least five (5) citizens of the City of shall hereafter Georgetown who must be registered voters in the City of Georgetown and must have resided within the city for one (1) year next preceding their appointment. The Mayor and Council shall be responsible for appointing a Commission which is broadly representative as a whole. Members shall be drawn, for example, from different residential areas, different racial and ethnic groups, different occupations and professions, different interest groups. The Commission shall be responsible to and act as an advisory body to the Council and shall perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the Council not inconsistent with the provisions of this Charter." PROPOSED AMENDMENT NO. 3 Section 2.01 of Article II of the Charter of the City of Georgetown, Texas, shall hereafter provide as follows: "Section 2.01. Number, selection, and term of office. The Council shall be composed of seven (7) Councilmembers elected from single -member districts and a Mayor elected at -large, each of whom unless sooner removed under the provisions of the Charter, shall serve for two-year terms, from the first meeting of the Council following the Councilmember's election until the first meeting of the Council following the election two (2) years later, or until the councilmember's successor has been elected and duly qualified. 03/21/88 REVISED charterelec exhibit(csf ords) page 2 of 09 Four (4) members of the Council shall be elected each odd -numbered year and three (3) members and a Mayor each even -numbered year. Councilmembers must reside in the districts from which they are elected except that Councilmembers may complete the terms to which they were elected if district'boundaries are changed during their terms causing their residences no longer to be within the districts from which they were elected. The authority to adopt council district boundaries shall reside in the council. The council may revise district boundaries from time to time and shall adopt district boundaries within one year after the publication of each United States decennial census. In 1989 five (5) Councilmembers shall be elected from districts one through five (1 - 5). The Councilmembers elected in 1989 shall draw lots to determine which one (1) of them shall serve a one (1) year term. In 1990 a Mayor shall be elected at large and three (3) Councilmembers shall be elected from districts. two (2) from districts six and seven (6 & 7) and one (1) from the district in which the one (1) year term was drawn. This special transition provision shall no longer be a portion of the charter after December 31, 1990." PROPOSED AMENDMENT N0, 4 Section 2.14 of Article II of the Charter of the City of Georgetown, Texas, shall hereafter provide as follows: "Section 2.14. Boards, Commissions and Committees. The Council shall have the power to establish boards, commissions and committees to assist it in carrying out its duties in accordance with State law. Members of such bodies shall be recommended by the Mayor and appointed by vote of a majority of the Council in open meeting unless otherwise provided by law. Should the Mayor fail to recommend and/or the Council fail to appoint the member(s) recommended by the Mayor, a majority of the Council plus one may make the appointment(s) without a recommendation of the Mayor." PROPOSED AMENDMENT N0, 5 Section 3.04 of Article III of the Charter of the City of Georgetown, Texas, shall hereafter provide as follows: "Section 3.04. Canvassing election and declaring results. 03/21/88 REVISED charterelec exhibit(csf ords) page 3 of 09 The returns of every municipal election shall be delivered forthwith by the Election Judges to the Mayor and City Secretary. The Council shall canvass the returns, investigate the qualifications of the candidates, and declare the official results of the election not later than the first regular meeting following the delivery of the returns to the Mayor. The returns of every municipal election shall be recorded in the minutes of the Council. In every election for the office of Councilmember and for the office of Mayor, each qualified voter shall vote for not more than one candidate for the district in which the voter and the candidate reside and for not more than one candidate for the office of Mayor. Where in an election for any office no candidate receives a majority of all the votes cast for such office at such election, the Council shall, immediately upon declaring the official results to the election, issue a call for a runoff election for every office to which no one was elected. Such runoff election shall be held on a date set by the Council not less than three nor more than four weeks after the regular election. In such runoff election the two candidates who received in the preceding election the highest number of votes for each office to which no one was elected shall be voted on again, and the candidate who receives the majority of the votes cast for each such office in the runoff election shall be elected to such office. The decision of the Council as to the qualification of candidates shall be conclusive and final for all purposes.1° PROPOSED AMENDMENT NO, 6 Section 6.01 of Article VI of the Charter of the City of Georgetown, Texas, shall hereafter provide as follows: "Section 6.01. Fiscal year. The fiscal year of the City shall begin on the first day of each October and end on the last day of September of the succeeding year. All fiscal transactions of the City shall be accounted for in accordance with generally accepted governmental accounting principles." PROPOSED AMENDMENT N0, 7 Section 6.04 of Article VI of the Charter of the City of Georgetown, Texas, shall hereafter provide as follows: t1Section 6.04. Budget amendments and emergency appropriations. The Council may authorize a vote by a majority plus one on an emergency expenditure as an amendment to the original budget only in a case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention. Such amendments shall be made by the Council after giving legal notice as 03/21/88 REVISED charterelec exhibit(csf ords) page 4 of 09 specified in Texas State law. If the Council amends the original budget to meet an emergency, the Council shall file a copy of its order or resolution amending the budget with the City Secretary and the Secretary shall attach the copy to the original budget. After the adoption of the budget or a budget amendment, the budget officer shall provide for the filing of a true copy of the approved budget or amendment in the office of the County Clerk of Williamson County. Should the unappropriated and unencumbered revenues, income and available funds of the City for such fiscal year not be sufficient to meet the expenditures under the appropriations authorized by this section, thereby creating a deficit, it shall be the duty of the Council to include the amount of such deficit in its budget for the following fiscal year, and said deficit shall be paid off and discharged during the said following fiscal year." Section 2. This City has two polling places where voting shall take place, which are as follows: 1. Election Precinct No. "1", Fire Station No. 1, 806 1/2 Main Street, Georgetown, Texas. 2. Election Precinct No. "21', Fire Station No. 2, 204 Central Avenue, Georgetown, Texas. Section 3. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct said election. Voting shall be conducted with optical scan voting machines prepared in conformity with the 1987 Revised Texas Election Code. Section 4. The following named persons are hereby appointed officers for said election: In Election Precinct No. 111", Charmagne Langenegger will serve as Presiding Judge, and Mary Herrera will preside as Alternate Presiding Judge, and the clerks for the election will be appointed in a number not to exceed five (5) clerks. In Election Precinct No. "2", Delia Gutierrez will serve as Presiding Judge, and Mary Reynosa will preside as Alternate Presiding Judge, and the clerks for the election will be appointed in a number not to exceed five (5) clerks. 03/21/88 REVISED charterelec exhibit(csf ords) page 5 of 09 Section 5. Sue Marshall is hereby appointed Clerk for Absentee Voting. The absentee voting for the above designated election shall be at 716 Rock Street, Georgetown, Texas, and said place of absentee voting shall remain open for at least eight hours on each day for absentee voting which is not a Saturday, a Sunday, or an official State Holiday, beginning on the 19th day (the 20th day being a Sunday), and continuing through the 4th day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said absentee voting. Absentee voting shall also be conducted on Saturday, April 30, 1988 from 8:00 a.m. to 12:00 noon and Sunday, May 1, 1988 from 1:00 p.m. to 5:00 p.m. Absentee voting by personal appearance shall be on optical scan voting machines and absentee voting by mail shall be by paper ballots. All absentee voting shall be canvassed by an Absentee Ballot Board. Neil Boydston shall serve as Presiding Judge, W. P. Hoffman as Alternate Presiding Judge and Sue Marshall serve as clerk, and they are hereby appointed the Absentee Ballot Board for said election. Ballot applications by mail may be obtained from, as well as mailing voted ballots: Sue Marshall Absentee Clerk Georgetown City Officers Election 716 Rock Street Georgetown, Texas 78626 Section 6. Dorothy Jones and Elaine Bizzell are hereby appointed Presiding and Alternate Judges for the Counting Station, 03/21/88 REVISED charterelec exhibit(csf ords) page 6 of 09 Section 7. Election officials shall be compensated at a rate of $5.00 an hour and officials who deliver the ballots and election supplies shall be compensated an additional flat fee of $25.00 over the hourly rate for their services. Section 8. The City Manager is hereby authorized to execute an agreement with the County of Williamson for the administration of certain election duties. Section 9. Said election shall be held in accordance with the Election Code of this State, and only resident qualified voters of said City shall be eligible to vote at said election. Section 10. The Mayor shall give notice of this election in accordance with the terms and provisions of Section 9.004 of the Local Government Code and the Constitution and the laws of the State of Texas, and all necessary orders and writs for said election shall be issued by the proper authority. Returns of said election shall be made to the City Council immediately after the closing of the polls. Section 11. That the ballot of said election shall conform to the requirements of the Local Government Code of the State of Texas, and on 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 permitting voters to vote "For" or "Against" on each proposition without voting "For" or "Against" on all 03/21/88 REVISED charterelec exhibit(csf ords) page 7 of 09 propositions. Such propositions, numbered to correspond with the numbering of the proposed amendments listed in Section 1, shall provide as follows: PROPOSITION NO, 1 Shall Section 1.08 of Article I of the Charter of the City of Georgetown, Texas, be amended to provide for the City Council to revise the Comprehensive Plan by a majority plus one vote? PROPOSITION N0, 2 Shall Section 1.09 of Article I of the Charter of the City of Georgetown, Texas, be amended to provide for the City Council to appoint members of the Planning Commission from different residential areas, different ethnic groups, different occupations and different interest groups? PROPOSITION NO.3 Shall Section 2.01 of Article II of the Charter of the City of Georgetown, Texas, be amended to provide for: election to the City Council for positions, other than Mayor, by single -member districts; to increase the number of Councilmembers from five (5) to seven (7); for the Mayor to be elected at -large; and special transition provisions? PROPOSITION N0, 4 Shall Section 2.14 of Article II of the Charter of the City of Georgetown, Texas, be amended to provide the City Council the ability to establish boards, commissions and committees in accordance with State law; and shall the Council by a majority plus one to make appointments to boards if the Mayor fails to recommend and/or the Council fails to appoint the recommended person? PROPOSITION NO. 5 Shall Section 3.04 of Article III of the Charter of the City of Georgetown, Texas, be amended to provide for Councilmembers to be elected by a majority vote and, when necessary, by means of a run-off election? PROPOSITION NO, 6 Shall Section 6.01 of Article VI of the Charter of the City of Georgetown, Texas, be amended to provide for the fiscal year of the City to begin on the first day of each October and end on the last day of September of the succeeding year with all fiscal transactions of the City accounted for in accordance with generally accepted governmental accounting principles? 03/21/88 REVISED charterelec exhibit(csf ords) page 8 of 09 PROPOSITION NO, 7 Shall Section 6.04 of Article VI of the Charter of the City of Georgetown, Texas, be amended to provide for City Council approval by a majority plus one for emergency expenditures, only after giving notice as required by law? Section 11. It is further found and determined that in accordance with the order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located outside of City Hall, a place convenient and readily accessible to the general public, and said notice having been so posted and remaining posted and continuously for at least 72 hours preceding the scheduled time of said meeting. A copy of the return of said posting shall be attached to the minutes of this meeting and shall be made a part thereof for all intents and purposes. 03/21/88 REVISED charterelec exhibit(csf ords) page 9 of 09 »iS»+ +?2: el Concilio de »> Ciudad 7> Georgetown, Texas ; r*c>w<r:+ v*ra«xv : los votantes ¥a 1v Ciudad *> Georgetown, ?+«i<>m: k:i:*c,c:>+ we :a, >1:©»ion dec los resul �� © »>c° .,vr»¥* :+> .<>¥+< >-w<:>e¥+ f©*»»<»+, mm :+< >*c+c>c}+w para los a! ?<2»* +?2: w: ?+«<<<:+ ¥w <+ 2l»¥>¥ >>:<> +» :: "+ c+w© d »» ?»+f?C« <e 22x±5 Seccion 4.06 del Articulo IV. requiere el voto afirmativo de una mayoria una eleccioln de refer�ndum. Seccibn 5. Que se dar aviso • - tal eleccion••> publicar tales >: 'a- -'s en un perxr• ,i of de c • .: general en la Seccion 1. for la presente se ordena clue se llevara a cabo Una eleccion en la Ciudad de Georgetown, Texas, el dia 7 de mayo de 1988, y en dicha eleccion se les someteran a los votantes capacitados clue residen en dicha Ciudad, para su consideracion sobre las proposiciones perteneciendo a ciertas enmiendas que estan propuestas a la Carta actual de la Ciudad de Georgetown, Texas. Dichas enmiendas son• La Subseccion (2) de la Section 1.08 del Articulo I de la Carta de la Ciudad de Georgetown, Texas, en to -futuro debera d.isponer to siguienteo "Seccion 1.08. El Plan Comprensivo, despue's de .1a fecha en que se adopte la Carta • s. ^ .. formar el plan general principal. El plan comprensivo extraterritorial de la Ciudad, o para las porciones geogra'ficas limitado (a) Un elemento perteneciendo al use del terreno en to -futuro; (b) inn elemento pertenciendo a la circulaci n y el tran- sito publico$ (c) €gin elemento perteneciendo al desague, la electricidad, -2 - el deperdicio solido, el drenaje y agua potable; (d) Un elemento perteneciendo a la conservacion y las riquezas del ambienteg (e) Un elemento perteneciendo al recreo y el terreno extend.i.do y fibre; (f) Un elemento perteneciendo a las viviendas (q) Un elemento perteneciendo a los servicios y -facilida- des poblicas, el coal debera inclui.r Pero no estar limitado a un programa de mejoras de capita;. (h) Un elemento pertenenciendo a edificios pi�blicos y fa- cilidades siendo concernientes a esus; (i) Uri elemento economico para el desarrollo o al nuevo desarrollo; (i) Un elemento de salad y servicios humanos; (k) Un elemento de preservacion historica; (1) Un elemento perteneciendo a la participacion de los ciudada.nos; y (m) Un elemento del. diseRo urbano Los varios elementos del plan comprensivo deberan de estar coordinados y conformes interiormente. Cada elemento debera inclui.r recomendaciones en cuanto a cursor de accion para su utilizacio'n y deberan de estar utilizados, en parte, por la aprobacio'n y la ejecucion de los apropiados reglamentos del desarrollo de terreno. El plan comprensivo edema estar enmendado solamente una vez por ono y cdeber°a de estar revisado solamente una vez calla cisco (5) anos a metros,que tal enmienda o revision este aero ada por una mayor a rias un Miembro del Cioncilio de la Ciudad. Una enmienda sicgnifica un cambio pequeno en el plan. Una revision significa pan car�bio subsancialn el plan." LA EN IENDA PROPUESTA NUM. 2 La Seccio'n 1.09 del Articulo I de la Carta de la Ciudad de Georgetown, Texas en to Futuro debera disposer to siguiente: "Seccion 1.039, La Comision Sobre Proyectos y la Re larentaci:on Urbanifstica. Se debera establecer° por ordenanza una C;omision Sobre Proyectos y Reglamentaci_on Urbani'stica que estara compuesta de a to mends cinco (5) ciudadanos de la Ciudad de Georgetown que deberaln ser votantes registrados en la Ciudad de Georgetown y deberan de Naber residido dentro de la Ciudad por un (1) ano inmediatamente antes de su nombrami.ento. El Alcal.de y el C,oncilio e taran encargados de nombrar a una Gomision que en ;general. este extensivamente representativa. Por ejemplo, los miembros estaran elegidos de diferentes regiones residenciales, diferentes grupos raciales o e'tnicos, diferentes empleos /y profesiones, diferentes grupos de influencia. La C<omiszon estara encargada de y obraro coma un cuerpo consultative del �E La Secci4n 2.14 del ArtIculo II de la Carta de la Ciudad de Comisiones,{, ♦ - .i4 F , .{. J x{MML J .t .., - 1 de tos resultados, investigar para la primera junta regular que siga la entrega de los 11 municipal estaran archivados en las z Em Seccion 6.01. El an4o fiscal. LA ENMIENDA i " Secretario del Condado de Williamson. sutor iza y esta dir•igida a pr •veer y sur•tir9 tcd®s los materiales electcrales pare manejar° diche elecci n. Le votacic`n se manejara por use de las maquinas de v®tar de escr utinio optic® 4, d a ,«' i « i oficiales de 7. el R En el .- _. $Num. .. Delia Gutierrez ;=e. r . E a s u e no excede cincoescribanos, aeccio' n 5. Por is presente Sae Marshall esta nombrada Secretaria de la V®taci n En Ausencia® La vctacioln en ausencia ' :i; r ,. Los .!; ,:& ra -.: de a a ;... >'- >r n ,' e c,y Williamson para la administracion de ciertas obligaciones • votar en dicha eleccili." 9.004 0 4 'b .' t ,r' s !• del Gobierno LocalConstitucion _® r �.f,,::: ; �; MMULTA Seccion 11. Adema/s se halla y determina que de acuer° c con la cr°den de este cuer°pc dir°ectivc, is Secr°etar°ia de la Ciudad fij