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HomeMy WebLinkAboutORD 880170.009.5 - Declaring ResultsORDINANCE NO i. AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OF GEORGETOWN GENERAL AND SPECIAL ELECTION ON MAY 7, 1988 WHEREAS, the City Council of the City of Georgetown, Texas ordered an election to be held on Saturday, May 7, 1988 for the purpose of electing a Mayor and two Counciimembers and submitting certain amendments to the City's Charter as hereinafter stated; and WHEREAS, the City Council has investigated all matters pertaining to said election, including the ordering, giving notice, holding and making returns of said election, and MtAYOR Luther Laubach 622 Tim Kennedy 11274 Write-ins 4 COUNCILMEMBERS: Ercei Brashear 1,003 Winfred Bonner 570 Doak Fling 1,105 Henry 0. "Hank" Tays 478 Write-ins 3 PROPOSITION NO. 1® For 1,131 Against 560 05110188 ----- e_ction canvass ord ----- page 1 of 4 WHEREAS, the election officers who held said election have duly made the returns of the results thereof, and said returns have been duly delivered to said City Council, and WHEREAS, it appears from said returns, duly and legally made, that there were cast at said election 1,934 valid and legal votes, that each of the candidates and propositions received the following votes. MtAYOR Luther Laubach 622 Tim Kennedy 11274 Write-ins 4 COUNCILMEMBERS: Ercei Brashear 1,003 Winfred Bonner 570 Doak Fling 1,105 Henry 0. "Hank" Tays 478 Write-ins 3 PROPOSITION NO. 1® For 1,131 Against 560 05110188 ----- e_ction canvass ord ----- page 1 of 4 PROPOSITION NO. 2: For 1,310 Against 449 PROPOSITION NO. 3: For 11034 Against 718 PROPOSITION NO. 4: For 1,181 Against 501 PROPOSITION NO. 5: For 1,436 Against 281 PROPOSITION NO. 6: For 1,394 Against 286 PROPOSITION NO. 7: For 1,238 Against 454 WHEREAS, the City Council finds it necessary and proper to provide a transitional clause with the passage of all of the seven Charter amendments NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section I. That the City Council officially finds that said election was duly called; that proper notice of was given in accordance with law; that said election was accordance with lawe and that due returns of the results election have been made and delivered, and that the City duly canvassed said returns, all in accordance with the Ordinance calling said electione and determines said election held in of said Council has law and the Section II. That the City Council officially finds and determines that Tim Kennedy was duly elected as Mayor; and that Ercel Brashear and Doak Fling were duly elected as Councilmembers to the City Council; and said parties are hereby declared duly elected to said respective offices, subject to the taking of their oaths of office as provided for by the laws of the State of Texas and the Charter of the City of Georgetown, Texas. 05/10/88 ----- election canvass ord ----- page 2 of 4 Section III. That the City Council officially finds and determines that Proposition Nos. 1, 2, 3, 4, 5, 6 and 7 so submitted have received a favorable majority of the votes cast and have carried. Section IV. That the City Council hereby adopts the seven Charter amendments submitted to the voters and voted upon at the May 7, 1988 election, attached hereto as Exhibit "A" and incorporated herein as if fully set forth at length. Section V. That the City Council hereby makes the following transitional changes to the Charter of the City of Georgetown, Texas as provided for by the Ordinance calling the Charter Election, 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. less than a majority death, resignation, the remaining members of the the purpose of filling Section 2.10 of Article II. a. The reading of ordinances on two separate days may be dispensed with by a favorable vote of not less than a majority, plus one, of all the Councilmembers qualified and serving Section 4.06 of Article IV. 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. The changes incorporated above only affect the sentences regarding voting and quorum requirements and do not replace the particular sections of the Charter in question. Section VI. 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. 05/10/88 ----- election canvass ord ----- page 3 of 4 PASSED on first reading this 104 day of s 1988, by a vote`of "Ayes" and "Nos", with (number) of Councilmembers present and voting. PASSED, APPROVED AND ADOPTED on second and final reading this 14`_4 day of J 1988. APPROVED: JIM COLBERT, MAYOR ATTEST: 1 � F. WILLO.GHBY, ITY CRETARY APPROVED AS TO FORM* LANDER, CITY ATTORNEY THE STATE OF TEXAS CITY OF GEORGETOWN COUNTY OF WILLIAMSON I , being the current City Secretary of the City of Georgetown do hereby certify the above is a true and correct copy of a ordinance of the City Council of the City of Georgetown and such ordinance was duly adopted at a meeting open to the public and notice of said meeting, giving the date, place, and subject thereof, was posted as prescribed by Article 6252-17, Section 3A, VATCS. Dated this (City Seal) City Secretary day of 19 05/10/88 ----- election canvass ord ----- page 4 of 4 EXHIBIT "A" PROPOSED AMENDMENT N0. 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 toy (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 elements (e) A recreation and open space element; (f) A housing elements (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; Page 1 of 6 of Exhibit "A" --- Canvass Ord --- 05/10/88 It 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 Mayor or revision is adopted a Commission which is broadly by as a whole. a majority shall 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 N0. 2 Section 1.09 of Article I of the Charter of the City of Georgetown, Texas, shall hereafter provide as follows. "Section 1.09. The Planning and Zoning Commission. There shall be established by ordinance a Planning and Zoning Commission composed of at least five (5) citizens of the City of 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 Page 2 of 6 of Exhibit "A" --- Canvass Ord --- 05/10/88 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. 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 Page 3 of 6 of Exhibit "A" --- Canvass Ord --- 05/10/88 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 & &) 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 NO. 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. 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 Page 4 of 6 of Exhibit "A" --- Canvass Ord --- 05/10/88 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 nor 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." 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. Page 5 of 6 of Exhibit "A" --- Canvass Ord --- 05/10/88 11 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: "Section 6.04. Budget amendments and emergency appropriations. The Council may authorize a vote by a majority plus one 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 reasonable diligent thought and attention. Such amendments shall be made by the Council after giving legal notice as 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." Page 6 of 6 of Exhibit "A" --- Canvass Ord --- 05/10/88