ORD 2010-06 - Canvass 11-3-09 Election 11-12-2009ORDINANCE NO. 2010-6
AN ORDINANCE CANVASSING THE RETURNS OF THE SPECIAL ELECTION AND
CHARTER ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 3RD
DAY OF NOVEMBER 2009, FOR THE PURPOSE OF VOTING ON A PROPOSITION
FOR ISSUANCE OF DEBT TO REHABILITATE THE HUNTSVILLE PUBLIC LIBRARY,
TO VOTE ON THE EXCHANGE OF PARKLAND, AND FOR THE ADOPTION OR
REJECTION OF PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER OF
THE CITY OF HUNTSVILLE, TEXAS; DECLARING THE RESULTS OF THE
ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND
PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS
THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS
OF THE STATE.
WHEREAS pursuant to Section 6.07 of the Charter of the City of Huntsville, the City
Council, at a regular meeting held on the 12th day of November 2009,
proceeded to canvass the returns of the special election held in the City on
the 3rd day of November 2009, for the purpose of VOTING ON A
PROPOSITION FOR ISSUANCE OF DEBT TO REHABILITATE THE
HUNTSVILLE PUBLIC LIBRARY, TO VOTE ON THE EXCHANGE OF
PARKLAND, AND FOR THE ADOPTION OR REJECTION OF
PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER OF
THE CITY OF HUNTSVILLE, TEXAS; and
WHEREAS the election was held under and pursuant to the provisions of Ordinance No.
2009 -48 and 2009 -49 calling the election; and
WHEREAS the election having been duly and regularly held as called in the ordinance
and according to law, and the returns thereof having been made and the
election judges having certified the results of the election, as hereinafter set
out, and the City Council having duly and regularly canvassed the returns of
the election and finding that the total votes cast at the election were as
follows:
SPECIAL ELECTION PROPOSITIONS
PROPOSITION 1. The issuance of $3,500,000 in tax supported general obligation bonds for the
Huntsville Public Library renovation and expansion project.
1480 FOR 350 AGAINST
PROPOSITION 2. Authorizing the Huntsville City Council to exchange 1.45 acres of Eastham-
Thomason Park Property from the City of Huntsville, Texas for a 0.548 acre parcel
and a 0.752 acre parcel both belonging to the Texas Department of Criminal Justice
to clarify boundary overlay, with the 0.548 and 0.752 acre parcels becoming part of
the City of Huntsville Eastham- Thomason Park property.
1601 FOR 211 AGAINST
CHARTER AMENDMENTS
AN}ENDMENT I .
The charter- amendment to provide tliat the regular city general elections shall be
moved- fronai the unifibi . election date _ in May to, the uniform ~election date in
November to_be effective �auuarl+ 1,201-0. .. _
197 ° - FOR :: 613 AQ TST
ANIENDNiENT 2..
The charter amendment to- pm vide that speeiai meetings of ttie City Council are
!, alloied to be held at locations other thari.City Fall.
FOR 911 AGAINST
ATI31 3;
The -Charter to provide thatno ordinanceshall be finally passed until it _
has ._been considered and favorably acted on by the Council at two (2) separate
Council meetings and providing -fox, exceptionsto the requirement of two separate " _
.,
readings
38
(3 AGAIATST
1435.. FOR
Al1�IE1�TiilviENT 4 ".
The chatter amendment to change-the required amount, of sxgnatures to submit
petitions _for initiative by the people ofthe. City to direct legislation tv dot less than
I,NO ofth� qua fled voters of*e, -City.
1108 :)FOR -. 639 . .. AGAINST
A11 ND11lEN'I 3:
The_ charter `amendment to change the required amount of signa#ures to submit
Petitions forxeferendum by the people of the City to approve or xeiect at the polls -
'legislation enae#etl by the Council to not less Om 1,000 of the quali eii: vote rs (I
the City
1098. FOR 654 AGAINST =
AIM MUM, 6, ' The charter-amendment to-chan<gerlm required amount of signatures to submit
petitions =for recall ,any elected officer of the City of Iiutrtsvwe °to =not less than ..
I >O(fi} of ilia qualified voters .a# the City
-
I091 .. FC3R, b74 AGAINST'
_ AMENDMENT' 7:.
The charter amendment to delete the language and shall be m ode only+ -upon the - -
recommendation of the City Manager':
-
958 ' >.; -FOR` 165 A,Gt1INST,
AWNDM1rNT 8.
The charter amendment -to allow for the sale:ofbonds without the requirement fox
`= publication or public "sale,- and to be scild an accordance with state law as amended.
553 ." . '. FOR, I177 . ".:AGAINST
AMENDMENT
The charter amendment rovxi g
A a for the_linutin of the issuance of new by
providing that any proposed issuance of new debt that exceeds .002`(two- #enths of
one. percent) of the net twwble value as certified by the Walker County Appraisal
'Disirict applicable to the: City tax roll for the fiscal year in which the funds- are
approved shall be .submitted to the qualified voters of the City of Huntsviller Texas
with exception._
1166r, YOR 583 "> AGAINST `
A,IVIENDMEI�i'[ IO
The- charter aprendmeut tv= add -a new section l2.ti3 that provides . that y tax =.
abntament"or twx rebate shall beapproved by two = thirds (2/3) jority vote of the
J Council qualii# ed and serving:
1229 FOR 537 AGAINST
WHEREAS the City Council of the City of Huntsville finds that the election returns set
out above to be accurate and correct, and no election protest or contest has
been filed with Council or instituted in connection with the election returns:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
SECTION 1: Proposition 1 was approved by a majority of the votes cast at the election,
authorizing the City Council of the City of Huntsville, Texas to issue the
bonds of the City in one or more series or issues, in the aggregate principal
amount of $3,500,000 with the bonds of each such series or issues,
respectively, to mature serially within not to exceed thirty years from their
date, and to be sold at such prices and bear interest at such rates, as shall be
determined within the discretion of the City Council, in accordance with law
at the time of issuance, for the purpose of constructing, acquiring,
renovating, expanding, improving and equipping existing Huntsville Public
Library including any necessary demolition, constructing necessary
infrastructure and parking facilities and other related costs; and authorizing
the City Council to levy and cause to be assessed and collected annual ad
valorem taxes on all taxable property in the City in an amount sufficient to
pay the annual interest on said bonds and provide a sinking fund to pay the
bonds at maturity.
SECTION 2: Proposition 2 was approved by a majority of the votes cast at the election,
authorizing the City Council to exchange 1.45 acres of the Eastham-
Thomason Park Property located at the Northwest corner of Eastham-
Thomason park fronting Smith Hill Road for two parcels of totaling 1.3 acres
owned by the Texas Department of Criminal Justice (TDCJ) to correct a
boundary overlay resulting from an incorrect metes and bound survey which
resulted in portions of City of Huntsville parkland (1.45 acres) to be inside
the fence line of the TDCJ and portions of TDCJ property (1.3 acres) to be
inside the fence line of the City of Huntsville Parkland.
SECTION 3: Charter Amendment 1 was approved by a majority of the votes cast at the
election on amendments and accordingly, Section 6.01 will be changed to
provide that the regular city general elections shall be moved from the
uniform election date in May to the uniform election date in Novembertobe
effective January 1, 2010, and that all Councilmembers -at -large shall be
elected on even numbered years beginning in November 2010 and Mayor
and Councilmembers from all Wards shall be elected on odd numbered
years beginning in November 2011, the effect being that current
Councilmembers -at -large will have their current two year terms extended six
months until November 2010 and the Current Mayor and Councilmembers
from all Wards will have their current terms extended six months until
November 2011, so that Section 6.01 shall read as follows:
SECTION 6.01. GENERAL ELECTIONS.
"Regular City general elections shall be held on the uniform election date in November to be
effective and starting January], 2010. All Councilmembers and the Mayor shall be elected
for two year terms, provided that the Mayor and Councilmembers from all Wards shall be
elected on odd numbered years beginning in November 2011 and all Councilmembers-at-
Large shall be elected on even numbered years beginning in November 2010. In all odd year
elections, each qualified voter shall vote for not more than one candidate for Mayor and for
not more than one candidate for Councilmember from the qualified voter's ward. In all even
year elections, each qualified voter shall vote for not more than one candidate for each of
the four Council-at-Large positions. Each election shall be ordered by the Mayor, or in the
event the Mayor fails to do so by the Council. The City Secretary shall give notice of such
election by causing the notice to be published at least forty days prior to the date of such
election in the official newspaper of the City. "
SECTION 4: Charter Amendment 3 was approved by a majority of the votes cast at the
election on amendments and accordingly, Section 4.13 will be changed to
provide that no ordinance shall be finally passed until it has been considered
and favorably acted on by the Council at two (2) separate Council meetings
and providing for exceptions to the requirement of two separate readings, so
that Section 4.13 shall read as follows:
SECTION 4.13. PROCEDURE TO ENACT LEGISLATION.
The Council may legislate and act only by. ordinance, resolution or motion; and all
ordinances, resolutions or motions, except ordinances making appropriations, shall
be confined to one subject, which shall be clearly expressed in the title, and
ordinances making appropriations shall be confined to the subject of appropriations.
The enacting clause of every ordinance shall be, "BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS ". Before any ordinance shall be
adopted, the attorney for the city shall approve such ordinance in writing as to form
or shall file with the City Secretary written legal objections thereto. Every ordinance
enacted by the Council shall be signed by the Mayor, however, should the Mayor
refuse to sign or is unable to sign in his or her official capacity the Mayor Pro -Tern
shall act in his or her stead. Should neither the Mayor nor Mayor Pro -Tem be able to
perform,, any two (2) Councilmembers shall sign the Ordinance. Every ordinance
shall be filed with and recorded by the City Secretary before the same shall become
effective. Every ordinance shall become effective upon adoption, or at any later time
specified in the ordinance, except that every ordinance imposing any penalty, fine or
forfeiture shall become effective after the procedures in Article IV, Section 4.14 of
this Charter have been followed.
Except as otherwise provided in this charter, no ordinance shall be finally passed
until it has been considered by the Council at two (2) separate council meetings
unless the requirements for reading it on two (2) separate days be dispensed with by
the affirmative vote of a two- thirds (2/3) majority of the Council qualified and serving.
The requirement of consideration on an ordinance at two (2) separate council
meetings shall not apply and only one (1) reading at one (1) Council meeting shall be
required for the final passage of an ordinance relating to:
(1) The adoption or amendment of a budget;
(2) The assessment, levy or collection of taxes;
(3) The calling of an election or the canvassing of the returns and declaration of
the results of an election;
(4) An emergency.
In the event an ordinance is adopted as an emergency measure, the same shall be
expressed in the title and the body of such ordinance. The Council may adopt
emergency ordinances only to meet public emergencies affecting life, health,
property, or the public peace. In particular, such ordinances shall not levy taxes,
grant or renew or extend a franchise, or regulate the rate charged by any public utility
for its services. Neither shall they authorize the borrowing of money, except as
provided in Article XI. After adoption, an ordinance shall not be amended or repealed
except by the adoption of another ordinance amending or repealing the original
ordinance. Any member of Council may offer any ordinance in writing that he desires
after it has been approved by the attorney for the city as to form and has been
placed on the agenda of a regular Council meeting.
An emergency ordinance shall be introduced in the form and manner generally
prescribed for ordinances, except that it shall be plainly designated in the title as an
emergency ordinance and shall contain, after the enacting clause, a declaration
stating that an emergency exists and describing it in clear and specific terms. An
emergency ordinance can be adopted with or without amendment or rejected at the
meeting at which it is introduced. The affirmative vote of at least two- thirds (2/3) of
the members of Council present shall be required for adoption. After adoption, the
ordinance shall be published as required for other adopted ordinances and shall
become effective in the same manner. Every emergency ordinance so adopted,
except one authorizing the borrowing of money as described herein, shall
automatically stand repealed as of the sixty-first (61st) day following the day on
which it became effective, but this shall not prevent reenactment as a regular
ordinance."
SECTION 5: Charter Amendment 4 was approved by a majority of the votes cast at the
election on amendments and accordingly, Section 7.01 will be changed to
change the required amount of signatures to submit petitions for initiative by
the people of the City to direct legislation to not less than 1,000 of the
qualified voters of the City so that Section 7.01 shall read as follows:
SECTION 7.01. POWER OF INITIATIVE.
The people of the City reserve the power of direct legislation by initiative, and in the exercise
of such power may propose any ordinance, except ordinances appropriating money or
levying taxes, or ordinances repealing ordinances appropriating money or levying taxes, not
in conflict with this Charter or the Constitution of the laws of the State of Texas. Any
initiated ordinance may be submitted to the Council by a petition signed by not less than
1, 000 (one thousand) of the qualified voters of the City.
SECTION 6: Charter Amendment 5 was approved by a majority of the votes cast at the
election on amendments and accordingly, Section 7.02 will be changed to
change the required amount of signatures to submit petitions for referendum
by the people of the City to approve or reject at the polls legislation enacted
by the Council to not less than 1,000 of the qualified voters of the City so that
Section 7.02 shall read as follows:
SECTION 7.02. POWER OF REFERENDUM
"The people reserve the power to approve or reject at the polls any legislation enacted by
the Council which is subject of the initiative process under this Charter, except ordinances
authorizing the issuance of either tax or revenue bonds, whether original or refunding
bonds, shall not be subject to such referendum. Prior to or within thirty days after the
effective date of any ordinance which is subject to referendum, a petition signed by not less
than 1000 (one thousand) of the qualified voters of the City may be filed with the City
Secretary requesting that any such ordinance be either repealed or submitted to a vote of the
people. When such a petition has been certified as sufficient by the City Secretary, the
ordinance specified in the petition shall not go into effect, or further action thereon shall be
suspended if it shall have gone into effect, until and unless it is approved by the voters as
herein provided "
SECTION 7: Charter Amendment 6 was approved by a majority of the votes cast at the
election on amendments and accordingly, Section 7.07 to change the
required amount of signatures to submit petitions for recall any elected
officer of the City of Huntsville to not less than 1,000 of the qualified voters
of the City so that Section 7.07 shall read as follows:
SECTION 7.07. POWER OF RECALL.
"The people of the City reserve the power to recall any elected officer of the City of
Huntsville and may exercise such power by filing with the City Secretary a petition, signed
by not less than 1000 (one thousand) of the qualified voters of the City demanding the
removal of such elected officers. The petition shall be signed and verified in the manner
required for an initiative petition. "
SECTION 8: Charter Amendment 7 was approved by a majority of the votes cast at the
election on amendments and, accordingly Section 11.07 will be changed by
deleting the language "and shall be made only upon the recommendation of
the City Manager" so that Section 11.07 shall read as follows:
SECTION 11.07. EMERGENCYAPPROPRIATIONS.
"At any time in any fiscal year, the Council may, pursuant to this Section, make emagaxy
appropriations to meet a pressing need for public expenditures, for other than regular or
recurring requirements, to protect the public health, safety, or welfare. Such appropriations
shall be by ordinance adopted by the favorable votes of two- thirds of the Councilmembers
qualified and serving.
Should the unappropriated and unencumbered revenues, income and available funds of the
City for such fiscal year be not sufficient to meet the expenditures under the appropriation
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 current fiscal year. "
SECTION 9: Charter Amendment 9 was approved by a majority of the votes cast at the
election on amendments and accordingly, Section 11.17 will be added to
provide for limitation of the Issuance of new debt that exceeds .002 (two -
tenths of one percent) of the net taxable value as certified by the Walker
County Appraisal District applicable to the City tax roll for the fiscal year in
which the funds are approved (for reference purposes if 2009 net taxable
value was used the dollar amount would be is approximately 2.2 million
dollars) and that Section 11.17 shall be titled and shall read as follows:
SECTION 11.17. LIMITATION ON ISSUANCE OF NEW DEBT BY CITY CO UNCIL.
Any new issuance ofnew debt that exceeds the total of. 002 (two - tenths of one percent) of the
net taxable value as certified by the Walker County Appraisal District applicable to the City
tax roll for the fiscal year in which the funds are approved shall be submitted to the qualified
voters of the City of Huntsville, Texas provided that the issuance ofnew debt is not required
for an emergency or disaster that includes the City of Huntsville as declared by the
Governor of the State of Texas or the President of the United States or an emergency or
disaster is declared by the majority vote of City Council only because of an imminent threat
to public health and safety. A favorable majority of all votes cast at the City election is
required for approval.
SECTION 10: Charter Amendment 10 was approved by a majority of the votes cast at the
election on amendments and accordingly, Section 12.03 will be added and
read as follows:
SECTION 12.03. TAX ABATEMENT OR REBATE
A two- thirds (213) majority vote of the Council qualified and serving is required to authorize any
abatement of any city taxes or any rebate of any city taxes to any individual or entity. "
SECTION 11: City Council finds that the notice of the election was duly and properly
given as required by law and as provided in ordinance calling the election,
and that the election was duly and regularly held and the returns thereof
duly and regularly made by the proper officials of the election, and in all
things according to the law.
SECTION 12: This ordinance shall take effect immediately from and after its passage,
subject to Department of Justice pre - clearance, if necessary.
APPROVED this 12th day of November 2009.
HUNTSVILLE, TEXAS
J Tt ner, Mayor
3Ltdward, TTEST:
City Secre
FORM:
City Attorney