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Ord. 2013-38 - calling Charter election for 11-5-13 - 8-20-13 ORDINANCE NO. 2013-38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 5th DAY OF NOVEMBER 2013, FOR THE PURPOSE OF VOTING ON THE ADOPTION OR REJECTION OF PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER OF THE CITY OF HUNTSVILLE, TEXAS, AS AMENDED; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Huntsville, Texas, in the exercise of the discretion reposed in it by the Constitution and laws of this State, and in accordance with the provisions of Chapter 9 of the Texas Local Government Code, and in accordance with its City Charter has determined to: (i) submit for adoption or rejection amendments to the existing Charter of the City of Huntsville, at a special election to be held to be held November 5, 2013; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. SECTION 1. A special municipal election of the City of Huntsville shall be held between the hours of seven (7:00) o'clock a.m. and seven (7:00) o'clock p.m. on the 5th day of November 2013, for adoption or rejection, proposed amendments to the City Charter of the City of Huntsville, Texas. SECTION 2. This election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In all City elections, the Mayor, City Secretary or City Council shall do and perform each act as in other elections required to be done and performed, respectively, by the County Judge, the County Clerk or the Commissioners' Court. The City Council has determined, pursuant to Chapter 31 of the Texas Election Code, that the City is authorized to enter into an Election Services Agreement with Walker County, Texas, and, pursuant to Chapter 271 of the Texas Election Code, the City is authorized to enter into a Joint Election Agreement with Walker County and other participating political subdivisions for this election. SECTION 3. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Special Election City of Huntsville, Texas November 5, 2013 SECTION 4. PROPOSED CHARTER AMENDMENTS AMENDMENT 1. Amending Article II, Section 2.01(a) and (b) to consolidate them into one Section 2.01 to provide that the City may extend its boundaries and annex and disannex territory to the extent and in the manner provided by the constitution and laws of the State of Texas, so that Section 2.01 shall read as follows: “EXTENSION OF BOUNDARIES. The City Council shall have the power by ordinance to fix the boundaries of the City of Huntsville. Without limiting the previous sentence, this power includes the ability to annex and to disannex territory, when permitted, to the extent, in the manner, and subject to any restrictions or limitations, provided by the constitution and laws of the State of Texas. AMENDMENT 2. Amending Article IV, Section 4.07 to provide that meetings of the city council are allowed to be held at locations other than City Hall, allowing for flexibility in responding to potential attendee volume due to public interest, exigent circumstances, and other considerations, so that Section 4.07 shall read as follows: “All meetings of the council shall be held at the City Hall of Huntsville or at such other public place within the city as may be approved by Council and, except as otherwise permitted by law, all meetings shall be open to the public and closed or executive meetings or sessions shall only be permitted as authorized by law.” AMENDMENT 3. Amending Article IV, Section 4.12 by removing the full section, as it is contrary to the Council-Manager form of government, which currently reads: “After proper appeal to the City Manager, all City employees, other than those employees appointed by Mayor or Council, may appeal in writing to Council to hear and resolve grievances of personnel matters as they relate to disciplinary actions resulting in a suspension without pay for five working days or more or resulting in termination. The petition shall be signed by the employee, shall contain the employee's home address, and shall state whether the person desires a public or a private hearing. The petition shall be filed with the City Secretary within ten days of the written decision rendered by the City Manager. If the petition is timely filed, a hearing shall be held not less than six nor more than twenty days from such petition. The City Secretary shall give written notice of the time of such hearing to the suspended employee at the address shown in the petition by certified mail or personal service at least three days prior to the date of such hearing. At the hearing, the Councilmembers and suspended employee shall be given the right to be heard. Within ten days following such hearing, the Council shall render a decision in writing. The Council may affirm, reverse, set aside or reduce any previous decision as well as reinstate the employee with back pay. The action of the Councilmembers on the question of the removal of such suspension or reinstatement shall be final.” AMENDMENT 4. Amending Article XI, Section 11.02(f) by deleting the language “Such audit shall be on a non-certified basis.” so that Section 11.02(f) shall read as follows: “Publish in the official newspaper of the City, a financial statement of the financial condition of the City, including the status of all general and special accounts, and bonded and other indebtedness of the City in the form and as often as a majority of the Councilmembers qualified and serving may require, but at least once each fiscal year. Such financial report must be audited by a Certified Public Accountant which shall be the same one as appointed under Section 11.16 of this Charter and shall possess the qualifications as set out in said Section. Prior to publication, the financial report shall be submitted to the Council for acceptance or rejection. Such acceptance or rejection must be made at a regular meeting of the Council and the results shall be made a matter of record and shall be reflected on the report when published as above provided. A copy of the financial report as approved or rejected shall be submitted to the Huntsville Public Library for its public journals at the same time it is released for official publication, and one or more copies of such report shall be made available in the office of the Director of Finance for public inspection during normal office hours.” AMENDMENT 5. Amending Article XI, Section 11.13 to ensure City practices are consistent with state law by removing the first paragraph language “All bonds issued by the City shall be sold at public sale upon sealed bids after at least fourteen days notice thereof has been published at least once in a publication carrying municipal bond notices and devoted primarily to financial news, and at least fourteen days notice thereof has been published at least once in the official newspaper of the City. Such sealed bids must be opened at a meeting of the Council.” and the third paragraph language “…and sold in accordance with the terms of this Section” so that Section 11.13 shall read as follows: “No bond, other than refunding bonds issued to refund and in exchange for previously issued outstanding bonds, issued by the City shall be sold for less than par value and accrued interest. All bonds of the City having been issued in conformity with the laws of the State of Texas, and having been delivered to the purchaser thereof, shall thereafter be incontestable, and all bonds issued to refund and in exchange for outstanding bonds previously issued shall, after said exchange, be incontestable.” AMENDMENT 6. Amending Article XI, Section 11.17 to remove ambiguity concerning the majority required for approval, so that Section 11.17 shall read as follows: “Any new issuance of new 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 of new 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.” AMENDMENT 7. Amending Article XIV, Section 14.18 by removing the full section, presently not in practice, which currently reads: “All reports made by the State of Texas or any of its agencies, or departments concerning the City or any function performed by it shall be read publicly at the first regular meeting of the Council following receipt of such report.” SECTION 5. The official ballots to be used in this special election shall comply with the applicable provisions of the Texas Election Code, shall state each proposed amendment separately and distinctly so that the voters shall pass upon each amendment separately and apart from another so that each voter may vote “For” or “Against” any amendment or amendments without voting “For” or “Against” all such amendments, and shall have written or printed thereon the following: CHARTER AMENDMENTS I. FOR (A favor) AGAINST (Contra) Shall Article II, Sections 2.01(a) and 2.01(b) of the existing Charter, be consolidated into one section 2.01 to provide that the City may extend its boundaries and annex and disannex territory to the extent and in the manner provided by the constitution and laws of the State of Texas to read as follows? In the event that Proposition 1 is approved by the voters on November 5, 2013, Article Two, Section 2.01 shall read as follows:   “EXTENSION OF BOUNDARIES. The City Council shall have the power by ordinance to fix the boundaries of the City of Huntsville. Without limiting the previous sentence, this power includes the ability to annex and to disannex territory, when permitted, to the extent, in the manner, and subject to any restrictions or limitations, provided by the constitution and laws of the State of Texas. Section 2.01(a) REPEALED. Section 2.01(b) REPEALED. II. FOR (A favor) AGAINST (Contra) Shall Article IV, Section 4.07 of the existing City Charter relating to where city council meetings are held be amended to read as follows? ““All meetings of the council shall be held at the City Hall of Huntsville or at such other public place within the city as may be approved by Council and, except as otherwise permitted by law, all meetings shall be open to the public and closed or executive meetings or sessions shall only be permitted as authorized by law.” III. FOR (A favor) AGAINST (Contra) Shall Article IV, Section 4.12, of the existing City Charter that allows an employee who is not appointed by the City Council to appeal a decision on a grievance of that employee to the City Council be deleted? IV. FOR (A favor) AGAINST (Contra) Shall Article XI, Section 11.02 (f) of the City Charter be amended by striking the sentence “Such audit shall be on a non-certified basis.”? V. FOR (A favor) AGAINST (Contra) Shall Article XI, Section 11.13 of the existing City Charter, relating to the sale of bonds issued by the City be amended to read as follows? “No bond, other than refunding bonds issued to refund and in exchange for previously issued outstanding bonds, issued by the City shall be sold for less than par value and accrued interest. All bonds of the City having been issued in conformity with the laws of the State of Texas, and having been delivered to the purchaser thereof, shall thereafter be incontestable, and all bonds issued to refund and in exchange for outstanding bonds previously issued shall, after said exchange, be incontestable.” VI FOR (A favor) AGAINST (Contra) Shall Article XI, Section 11.17 of the existing City Charter, that relates to the issuance of new debt by the City be amended by deleting the last sentence “A favorable majority of all votes cast at the City election is required for approval.” and inserting as the last sentence “A favorable majority of the qualified voters voting on the proposed issuance of new debt is required for approval.”? VII FOR (A favor) AGAINST (Contra) Shall Article XIV, Section 14.18 of the existing City Charter, that requires the reading of all reports made by the State of Texas concerning the City be deleted? SECTION 6. Dee Brimer, Walker County Deputy Elections Administrator, is hereby appointed as Deputy Early Voting Clerk, and the Walker County Annex, 1301 Sam Houston Avenue, Suite 101, is hereby designated as the Main Early Voting Site for early voting for the election. Early Voting in the election by personal appearance shall be conducted at the times, dates and polling places as provided for in the Walker County Joint Election Agreement and Election Services Contract between the City of Huntsville, Texas and Walker County, Texas and further adopts any additions or amendments to such concerning early voting times, dates, and polling location as approved by the Walker County Deputy Elections Administrator. SECTION 7. The Mayor and City Secretary are hereby directed to give notice of the election by: a) causing said notice of such election to be published at least forty (40) days prior to the date of such election in the newspaper; b) by publishing the notice at least one time, not more than thirty (30) days nor less than ten (10) days before the election, in the newspaper; c) by filing with the City Secretary, for posting, a copy of said notice at least twenty-one (21) days before the election; and d) by posting at City Hall and the Walker County Courthouse bulletin boards notice of the election at least twenty-one (21) days before the election. The Mayor and City Secretary shall file with the City Secretary a copy of the notice as published, together with the name of the newspaper and the dates of publication. SECTION 8.  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 in the City Hall, a place convenient and readily accessible to the general public, and such notice having been so posted and remaining posted continuously for at least seventy-two (72) hours preceding the scheduled time of such meeting.  A copy of the return of such posting shall be attached to the minutes of this meeting and shall be made a part thereof for all intents and purposes. SECTION 9.  That the Mayor and/or the City Secretary of the City of Huntsville are hereby authorized to execute and/or issue, for an on behalf of the City, such orders, documents and forms as may, from time to time, be promulgated by the Secretary of State of the State of Texas in conjunction with the election herein ordained. SECTION 10. The Mayor and/or the City Secretary and the attorney for the City are hereby authorized and directed to make any filings required by the Federal Voting Rights Act. The Mayor and/or the City Secretary and the attorney for the City are further authorized and directed to take any action necessary to comply with the provisions of the Texas Elections Code, the Federal Voting Rights Act and the terms and provisions of any Election Services Contract(s) and the Joint Election Agreement(s) in carrying out the provisions of this Ordinance, whether or not expressly authorized herein. SECTION 11. The City Secretary and Mayor are hereby authorized to perform all duties and take all actions as required by any joint election agreement(s) and/or the contract(s) for election services and election agreement that may be authorized by City Council after the passage of this Ordinance. SECTION 12. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 20th day of August 2013. THE CITY OF HUNTSVILLE Mac Woodward, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Lee Woodward, City Secretary Leonard Schneider, City Attorney