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ORD 2004-11 - Special Election May 15, 2004 [04-06-2004]ORDINANCE NO. 2004-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 15TH DAY OF MAY, 2004, FOR THE PURPOSE OF VOTING ON THE PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF HUNTSVILLE, TEXAS; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: 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 15th day of May, 2004, for the purpose of voting on proposed amendments to the City Charter of the City of Huntsville, Texas. SECTION 2. The City is hereby divided into seven (7) election precincts. The polling places for these election precincts shall be as follows: Precinct Polling, Place 101 First Baptist Church 1530 10th Street 102 Walker County Courthouse Annex 1301 Sam Houston Avenue, St. 101 201 Church of Jesus Christ of Latter Day Saints 1803 19`s Street 205 Elkins Lake Recreation Corp. 634 Cherry Hills 206 Region VI Education Building 3332 Montgomery Rd. (FM 1374) 301 Martin Luther King Center 300 Avenue F 401 Second Baptist Church 720 South Sam Houston Avenue SECTION 3. 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. SECTION 4. The following proposals to amend the City Charter of the City of Huntsville, Texas, shall be submitted to the voters in accordance with Section 14.25(a) of the Charter. AMENDMENT 1. Section 4.07, Meetings of the Council; Section 4.19, Vacancies in the Office of Councilmember; Section 5.04, Vacancy; Section 6 01, General Elections; Section 6 05, Filing of Candidates; Section 607, Canvassing Election and Declaring Results; Section 608, Notification and Qualification of City Officials; Section 7.05, Council Consideration and Submission to Voters; Section 7.09, Recall Elections; and Section 13, 08,Regulation of Rates, shall be amended to read: SECTION 4.07. MEETINGS OF THE COUNCIL. There shall be one or more regular meetings of the City Council each month, which shall be held at such times and places as shall be prescribed by ordinance. Special meetings maybe called at anytime by the Mayor, the City Manager, or by a majority of the Councilmembers qualified and serving by giving notice to the City Secretary who shall in turn give notice of such special meetings to all members of the Council at least twelve hours prior to such meeting. Provided, however, any member of the Council may either before or after such meeting waive such notice. All meetings of the Council, regular or special, shall be open to the public and shall be held at the City Hall of the City, except as provided by " 4kk iK2M 17 of the Texo GA4 Statutes Chapter 551 of the Texas Government Code as amended. The term City Hall as used in this Charter shall mean the Council Chambers. SECTION 4.19. VACANCIES IN THE OFFICE OF COUNCILMEMBER. Vacancies in the office of Councilmember arising from any cause shall be filled for the remainder of the unexpired term at an election to be held on the first uniform election date not earlier than 30 days after the vacancy occurs. A special election shall be called in the mannerprovidedfor City general elections to elect successors to fall such unexpired terms. Anyperson elected to fall a vacancy in the office of Councilmember shall possess all of the qualifications herein required for the office. SECTION 5.04. VACANCY. In the event of a vacancy in the office of Mayor arising from any cause, the Mayor Pro Tem shall become Mayor for the completion of the unexpired term if one year or less of such unexpired term remains. If more than one year of such unexpired term remains, however, the Council shall iweaney eall a speeial elee#ien to be held within not k-S-5 thanfie� mer mer-e than si.*ty dayw th -?-Fq#er call special election to be held on the first uniform election date not earlier than 30 days after the vacancy occurs to fall such vacancy for the unexpired term. The Mayor Pro Tem shall act as Mayor until a successor to the office of Mayor has been elected and duly qualified. SECTION 6.01. GENERAL ELECTIONS. Regular City general elections shall be held on the f wst Saturday in Amory uniform election date in May. 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 and all Councilmembers -at -Large shall be elected on even numbered years. In all odd year elections, each qualified voter shall vote for not more than one candidate far 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 far 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 6.05. FILING OF CANDIDATES. Any qualified person who desires to become a candidate for election to the office of Mayor or Councilmember shall file with the City Secretary an application for that person's name to appear on the ballot beginning Qn the 91" ay and ending on the 62nd day prior to the election. Such application shall clearly designate the office and, if a candidate for Councilmember, the Ward or At -Large position to which the candidate seeks election and shall contain a sworn statement by the candidate that the person is fully qualified under the laws of the State of Texas and the provisions of this Charter to hold the office the person seeks. SECTION 6.07. CANVASSING ELECTIONAND DECLARING RESULTS. The returns of every municipal election shall be delivered forthwith by the Election Judges to the City Secretary. The Council shall canvass the returns, investigate the qualifications of the candidates, and declare the official results of the election Qty Seereta not earlier than the eiphthday or later than the eleventh day after the election. The returns of every municipal election shall be recorded in the minutes of the Council by Ward totals when applicable. At each first election the qualfiedperson receiving a majority of all votes cast for the office thatperson seeks shall thereupon be declared by said Council elected. The decision of the Council as to qualifications of candidates shall be conclusive and final far all purposes. SECTION 6.08. NOTIFICATIONAND QUALIFICATION OF CITY OFFICIALS. It shall be the duty of the City Secretary to note all persons elected or appointed to office of their election or appointment. All officials newly elected at a City general election may enter upon their duties en the first Fuesda) not earlier than the eighth day or later than the eleventh day following the date of their election. All other newly elected or appointed officials may enter upon their duties immediately. All elected or appointed officials must qualify by taking and subscribing their oath of office within thirty days following the date of their election or appointment; otherwise, the office shall be deemed vacant. SECTION 7.05. COUNCIL CONSIDERATIONAND SUBMISSION TO VOTERS. When the Council receives an authorized initiative petition certified by the City Secretary to be sufficient, the Council shall either: (a) pass the initiated ordinance without amendment within twenty -one days after the date of the certification to the Council; or (b) submit said initiated ordinance without amendments to a vote of the qualified voters of the City at a regular or special election to be held i4Min -says Qztthe first uniform election date not earlier than 30 days after the date of the certification to the Council. When the Council receives an authorized referendum petition certified by the City Secretary to be sufficient, the Council shall reconsider the referred ordinance, and if upon such reconsideration such ordinance is not repealed within twenty -one days, it shall be submitted to the quaked voters of the City at a regular or special election to be held on th�iform election date not earlier than 30 days after the date of the certification to the Council. Special elections on initiated or referred ordinances shall not be held more frequently than once each six months, and no ordinance on the same subject as an initiated ordinance which has been defeated or on the same subject as a referred ordinance which has been approved at any election may be initiated by the voters within two years from the date of such election. SECTION 7.09. RECALL ELECTIONS. The provisions regulating examination, certification, and amendment of initiative petitions shall apply to recall petitions. If the petition is certified by the City Secretary to be sufficient, the Council shall with order an election to be held on theri -at uniform election date not earlier than 30 da_ vs following such certification to determine whether such officer shall b ff e recalled. passed as an emergeney measure. &�,epyfranehise hekler whe shag mquess an inerease in rates-, ehaFgt-5 erfar,m shaI4 have, at Me hearing of t,4e Gouned eaU,-d to eensider sueh request-, the burden ocestdb& the Qty�, and the ameunt and ehaFaeter- of its e*penses and revenues eenneeted with the rendering ofs date to whiek said heaping may be 4eurned, Ace pubhe ufi&yfiwnehise heger shaB hisfihae any, kTW ei ao. AMENDMENT 2. Section 2. 01, Extension of Boundaries, shall be amended to read: SECTION 2.01. EXTENSION OF BOUNDARIES. (a) Territory adjoining and contiguous to the corporate limits of the City of Huntsville, as defined herein, may be annexed to said City, regardless of the shape or configuration or size thereof, upon application being made therefor, in writing, to the City Council of the City of Huntsville, describing the territory by metes and bounds, sought to be annexed, which said application shall be signed by a majority of those residing in said territory, who are qualified to vote for members of the Legislature of the State of Texas, which said application shall be proved by the affidavit of one or more persons that the signatures thereto are genuine. In the event it is found by said City Council that a majority of said qualified voters residing in such territory are favorable to annexation, then the said City Council may, by ordinance, declare such territory annexed to the City of Huntsville, and the same shall thenceforth bean integralpart of said City. Theprovisions of this section shall not be construed to prohibit the owner of any uninhabited territory or property contiguous to the City of Huntsville, as defined in this Charter, from making application to the City Council to have same annexed to the City, and when such application is made and acted upon, an ordinance shag may be passed, providing for the annexation of such property, and said property when so annexed, shall be covered by the same rules and regulations as other territory annexed under the provisions of this section. (b) The Council shall have the power by ordinance to fix the boundary limits of the City and to provide for the alteration and extension of said boundary limits, the annexation of additional territory lying adjacent to the City, and the detachment or disannexation of territory, with or without the consent of the owners and inhabitants of the territory annexed, detached, or disannexed in any manner not inconsistent with the procedural rules prescribed by Title 1, Subtitle C, of the Texas Local Government Code, as heretofore or hereafter amended. Upon the f nal passage of any ordinance annexing territory, the corporate limits of the City shall thereafter include the territory so annexed, and when any additional territory has been so annexed, the same shall be a part of the City of Huntsville and the property situated therein shall bear its pro rata part of the taxes levied by the City, and the inhabitants thereof shall be entitled to all of the rights and privileges of all citizens and shall be bound by the acts and ordinances, resolutions and regulations of the City. Upon the final passage of any ordinance detaching or disannexing territory from the City, the corporate limits of the City shall be reduced by the territory so detached or disannexed. AMENDMENT 3. Section 7.01, Power of Initiative; 7.02, Power of Referendum; 7.06,Petition signed by less than Twenty Percent of Qualified Voters; and 7.08, Power of Recall, shall be amended to read: SECTION7.01. POWER OFINITIATIVE. 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 the qualified voters of the City equal in number to at least Aswniy per-eent of Me 20% ofthe number ofvoters who voted in the last Presidential election in the Citv. but not less than 2.000. 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 at least 20%!2f the number ofvoters who voted in the last Presidential election in the City. but not less than 2.000 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. Gii� at Me next Qsy general ek-esion that shag be held at any fime after-;Ykiy dqywfiwm the date ef the Gh� erdinanee. SECTION 7.08. 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 qualified voters of the City equal in number to 20% of the voters who voted in the lst Presidential election in the Cit04 but not less than 2.000 demanding the removal of such elected officers. The petition shall be signed and verified in the manner required for an initiative petition. AMENDMENT 4. Section 10. 02, Judge of the Municipal Court, shall be amended to read: SECTION 10.02. JUDGE OF THE MUNICIPAL COURT. The Municipal Court shall be presided over by a magistrate who shall be known as the Judge of the Municipal Court. The Council, upon recommendation of the Mayor, shall appoint such Judge, who maybe stall be an attorney at law. In the event the Judge of the Municipal Court is temporarily unable to act for any reason, a qualified person shall be appointed to act in the Judge's place. The Council shall have the power to appoint on recommendation of the Mayor more than one Judge of the Municipal Court, each of whom shall be a magistrate. AMENDMENT 5. Section IL 01, Department of Finance, shall be amended to read: SECTION 11.01. DEPARTMENT OF FINANCE. There shall be a Department of Finance, headed by the City Manager- or- an appoWee. The City Manage headed by a Director appointed by the City Manager. AMENDMENT 6» Section IL 02, Fiscal Procedures, shall be amended to read: SECTION 11.02. FISCAL PROCEDURES. The Director of Finance shall administer and supervise all financial affairs of the City, and to that end shall have authority and may ih_aY be required to: (a) Have custody of and be responsible far all monies belonging to or under the control of the City or any office, department or agency thereof, and shall promptly deposit all such monies in the City depository or depositories. (b} Examine all contracts, orders, and other documents by which the City government incurs financial obligations, having previously ascertained that money has been appropriated and allotted and will be available when the obligation becomes due and payable. (c) Prescribe the forms of receipts, vouchers, bills, claims and bookkeeping procedures to be used by all offices, departments and agencies of the City. (d) Audit and approve before payment all bills, invoices, payrolls, and other evidence of claims, demands or charges against the City. The Director of Finance shall, when it is deemed necessary, seek the written advice of the City Attorney in order to determine the regularity, legality, and correctness of such claims, demands, or charges, prior to presentation of the same to the Council for approval. (e) Submit to the Council through the Mayor a quarterly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City. A copy of such statements shall be submitted to the Huntsville Public Library. (fl 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 asset out in said Section. Such audit shall be on a non - certified basis. 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. (g) Invest all funds deemed in excess of current needs in the manner authorized by the laws of the State of Texas; current needs are hereby defined as expenditures to be made within a given ninety (90) day period. (h) Have custody of all investments in investor funds of the City, or in the possession of the City in a fiduciary capacity, and have the safe keeping of all bonds and notes of the City and the receipt and delivery of City bonds, warrants, and notes for transfer, registration or exchange. The Director of Finance shall be responsible for the destruction of redeemed, paid and canceled bonds, warrants and notes. {i) Maintain a general accounting system for the City government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department, and agency; keep separate accounts for the items of appropriations contained in the City budget, each of which account shall show the amount of the appropriations, the amount paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending office, department or agency of the City to be made daily or at such intervals as the Director may deem expedient. (j) Pay no claim against the City unless it is evidenced by bill or voucher submitted and approved by the head of the department for which the indebtedness was incurred. Each officer and their surety shall be liable to the City for all loss or damage sustained by the City by reason of negligence or corrupt approval of such claim. AMENDMENT 7. Section 4. 11, Override of Mayor's Veto; Section 5.06, Privilege of Vote and Veto, shall be removed: The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Special Election City of Huntsville, Texas May 15, 2004 INSTRUCTION NOTE: Vote on each amendment to the Charter of the City of Huntsville, Texas, by placing an "X" in the square beside the statement indicating the way you wish to vote. AMENDMENT 1. The charter amendment to update state statutory references contained in the charter. FOR AGAINST AMENDMENT 2. The charter amendment to change action of the Council from "shall" to "may" regarding the annexation of uninhabited property when the owner of that property requests the annexation. FOR — I AGAINST AMENDMENT 3. The charter amendment to set the petition requirements for initiative, referendum, and recall at 20% of the number of voters who voted in the last Presidential election in the City, but not less than 2,000. FOR AGAINST AMENDMENT 4. The charter amendment to require that the Judge of the Municipal Court be an attorney at law. FOR AGAINST AMENDMENT 5. The charter amendment to require the Director of Finance to be appointed by the City Manager. FOR AGAINST AMENDMENT 6. The charter amendment to require the Director of Finance to perform fiscal procedures specified in the City Chater. FOR AGAINST message te the Geuned at its next regulai, meeting. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Special Election City of Huntsville, Texas May 15, 2004 INSTRUCTION NOTE: Vote on each amendment to the Charter of the City of Huntsville, Texas, by placing an "X" in the square beside the statement indicating the way you wish to vote. AMENDMENT 1. The charter amendment to update state statutory references contained in the charter. FOR AGAINST AMENDMENT 2. The charter amendment to change action of the Council from "shall" to "may" regarding the annexation of uninhabited property when the owner of that property requests the annexation. FOR — I AGAINST AMENDMENT 3. The charter amendment to set the petition requirements for initiative, referendum, and recall at 20% of the number of voters who voted in the last Presidential election in the City, but not less than 2,000. FOR AGAINST AMENDMENT 4. The charter amendment to require that the Judge of the Municipal Court be an attorney at law. FOR AGAINST AMENDMENT 5. The charter amendment to require the Director of Finance to be appointed by the City Manager. FOR AGAINST AMENDMENT 6. The charter amendment to require the Director of Finance to perform fiscal procedures specified in the City Chater. FOR AGAINST AMENDMENT 7. The charter amendment to remove the veto power of the Mayor. FOR AGAINST SECTION 5. City Secretary, Danna Welter, is hereby appointed as Early Voting Clerk, and the City Hall, 1212 Avenue M, Huntsville, Texas 77340, is hereby designated as the place for main early voting for the election. During the lawful early voting period, such clerk shall keep such place for early voting open for early voting from 8:00 a.m. to 5:00 p.m. on each day except Saturdays, Sundays, and official state holidays. SECTION 6. Diana Keough is hereby appointed as the presiding judge of the early ballot board, and is hereby directed to perform the duties required of such by Chapter 87 of the Texas Election Code. SECTION 7. The Mayor and City Secretary are hereby directed to give notice of the election by: a) publishing the notice on the same day in each of two successive weeks, the first publication not earlier than the 30'h day but before thel4th day before election day, in the newspaper; b) by filing with the City Secretary, for posting, a copy of said notice at least twenty-one (21) days before the election; and C) 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. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 6th day of April 2004. THE CITY OF HUNTSVIL Karl Davidson, Mayor AT EST: Danna Welter, City Secretary APPROVED: Thomas A. Leeper, City Attorney