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
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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
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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.
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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.
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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
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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;
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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
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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
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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
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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.
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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."
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