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ORD 1991-28 - 1-18-92 Election1 ORDINANCE NO. 91 -28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 18TH DAY OF JANUARY, 1992, FOR THE PURPOSE OF FT FCTING FOUR COUNCILMEMBERS, FROM THE RESPECTIVE AT LARGE POSITIONS ONE, TWO, THREE AND FOUR; AND FOR THE FURTHER PURPOSE OF VOTING ON PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR ELECTION OFFICERS; 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. SECTION 2. The regular municipal election of the City of Huntsville, prescribed by Section 6.01 of the City Charter, shall be held between the hours of seven (7:00) o'clock a.m. and seven (7:00) o'clock p.m. on the 18th day of January, 1992, in the City for the purpose of electing four councilmembers; one from each of the City's four at -large positions one, two, three and four. The City establishes as the election precinct for this election one precinct having the same boundaries as all the county election precincts located within the corporate boundaries of the City of Huntsville. The polling places and election officials for the election precinct shall be as follows: Election Precinct Polling Place One (1) City Hall 1212 Avenue M SECTION 3. Officials Becky Abbott, Presiding Judge Artresa Culpepper, Alternate Judge 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. One councilmember shall be selected from each of the respective at- large position numbers one (1), two (2), three (3) and four (4) of the City by a majority vote of the City at- large. The councilmembers to be elected shall hold office for a period of two (2) years. SECTION 5. Each of the four councilmembers shall be citizens of the United States, qualified and registered voters of the State of Texas, residents within the present corporate limits of Huntsville for at least twelve months immediately preceding the election, and current in payment of taxes and assessments due to the City. SECTION 6. SECTION 7: Any eligible and qualified person may have his name upon the official ballot as an independent candidate by submitting an application, which, in accordance with Texas Election Code Section 141.031, must be in writing; be signed and sworn to by the candidate and indicate the date that the candidate swears to the application. The application shall include: the candidate's name; the candidate's occupation; the office sought, including any place number or other distinguishing number; an indication of whether the office sought is to be filled for a full or unexpired term if the office sought and another office to be voted on have the same title but do not have place numbers or other distinguishing numbers; a statement that the candidate is a United States citizen; a statement that the candidate has not been determined mentally incompetent by a final judgment of a court; a statement that the candidate has not been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities; the candidate's date of birth; the candidate's residence address or, if the residence has no address, the address at which the candidate receives mail and a concise description of the location of the candidate's residence; the candidate's length of continuous residence in the state and in the territory from which the office sought is elected as of the date the candidate swears to the application; a statement that the candidate is aware of the nepotism law, Articles 5996a through 5996g of the Texas Revised Statutes; and the statement: "I, , of Walker County, Texas, being a candidate for the office of Mayor /councilmember, swear that I will support and defend the constitution and laws of the United States and of the State of Texas." Such application must be filed with the Mayor or City Secretary not later than 5:00 p.m. of the 45th day before election day. 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 of the Charter. AMENDMENT 1. Section 2.01. Extension of Boundaries, Section 3.01. General Powers, and Section 14.23. Amendments, 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 Ls 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 be an integral part of said City. The provisions 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 the 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 shall 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 consistent with the procedural rules prescribed by Chapter -160, Title 1, Subtitle C of the Texas Local Government Code, as heretofore or hereafter amended; Upon the final 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 SECTION 3.01. GENERAL POWERS. The City shall have all the power granted to cities by the Constitution and Laws of the State of Texas together with all of the implied powers necessary to carry into execution such granted powers. The City may use a corporate seal; may sue and be sued; may contract and be contracted with; may cooperate with the government of the State of Texas or any agency or any political subdivision thereof or with the federal government or any agency thereof to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety, and convenience of the City and its inhabitants; may acquire property within or without its corporate limits for any municipal purpose in fee simple or in any lesser interest or estate by purchase, gift, devise, lease, or condemnation and subject to the provisions of this charter, may sell, lease, mortgage, hold manage, improve, and control such property as may now or hereafter be owned by it; may pass ordinances and enact such regulations as may be expedient for the maintenance of the good government, order, and peace of the City and the welfare, health, morals, comfort, safety, and convenience of its inhabitants. The powers hereby conferred upon the City shall include by are not restricted to the powers conferred expressly and permissively by the laws of the State of Texas. In addition to the powers enumerated herein and subject only to the limitations imposed by the Constitution and Laws of the State of Texas and by this Charter, the City shall have, without the necessity of express enumeration in this Charter, each and every power which by virtue of Article XI, Section V, of the Constitution of the State of Texas, the people of the City are empowered by election to grant or to confer upon the City by expressly and specifically granting and enumerating the same herein. All such powers whether expressed or implied shall be exercised and enforced in the manner prescribed in this Charter, or, when not prescribed herein, in such manner as shall be provided by ordinance of the Council. SECTION 14.23. AMENDMENT. (a) Amendments to this Charter shall be framed and submitted to the voters of the City in the manner provided by Chaptcr 13 of Title 28 of the Revised Civil Statutes of Texas, 1925 Chanter 9 of the Texas Local Government Code, as heretofore or hereafter amended. (b) Every five years the Mayor, with approval of Council, shall appoint at least three person to a Charter Review Committee. The Committee shall report to City Council amendments, if any, to the City Charter that it recommends for submission to the City at a municipal election. AMENDMENT 2. Section 4.01. Number, Selection and Term of Office, Section 6.01. General Elections, and Section 6.08. Notification and Qualification of City Officials, shall be amended to read: SECTION 4.01. NUMBER, SELECTION AND TERM OF OFFICE. The Council shall be composed of a Mayor and eight Councilmembers. The Mayor, unless sooner removed under the provisions of this Charter, shall serve for two year terms, from the laier rst Tues 0 I ollowin the election until the rst Tues 1 I ollowin - the eneral election two years later, or until a successor has been elected and duly qualified. Each Councilmember, unless sooner removed under the provisions of this Charter, shall serve for two year terms, from the first Tuesday following their election until the fif Bent rst Tuesday following the general election two years later, or until a successor has been elected and duly qualified. SECTION 6.01. GENERAL ELECTIONS. Regular City general elections shall be held on the fir - Sad -irApfil third Saturday in January. 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 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. Said 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 said the notice to be published at least forty days prior to the date of such election in the official newspaper of the City. SECTION 6.08. NOTIFICATION AND QUALIFICATION OF CITY OFFICIALS. It shall be the duty of the City Secretary to notify 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 on the - - first Tuesday, following the date of their election. All other newly elected or appointed officials may enter upon their duties immediately. All ether 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. AMENDMENT 3. Section 4.07. Meetings of the Council, shall be amended to read. SECTION 4.07. MEETINGS OF THE COUNCIL. There shall be Ewa 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 may be called at any time 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 Article 6252 -17 of the Texas Civil Statutes, as amended The term City Hall as used in this Charter shall mean the Council Chambers. AMENDMENT 4. Section 13.03. Ordinance Granting Franchise, shall be amended to read: SECTION 13.03. ORDINANCE GRANTING FRANCHISE. Every ordinance granting, renewing, extending, or amending a public utility franchise shall be presented in writing at two regular meetings of the Council and shall not be finally acted upon until thirty days after the first presentation thereof Within five days following each of the two presentations of the ordinance, the-full4e3et4itereof a descrivtive caption of the ordinance stating in summary the purpose of the ordinance shall be published one time in the official newspaper of the City, and the expense of such publication shall be borne by the prospective franchise holder. AMENDMENT S. Section 14.06. Notice of Claim, shall be amended to read: SECTION 14.06. NOTICE OF CLAIM. The City of Huntsville shall not be held responsible on account of any claim for damages or injuries to any person, whether such damages or injuries resulted in death or not, or property unless the person making such complaint or claiming such damages or injuries, shall within few six months after the time in which it is claimed such damages or injuries were inflicted upon such person or property, file with the City Secretary a true statement under oath as to the nature and character of such damages or injuries, the extent of the same, and the place where same happened, the circumstances under which it happened, the conditions causing same, and a detailed statement of each item of damages and the amount thereof and, if it be for personal injuries, whether resulting in death or not, giving a list of witnesses, if any, known to affiants who witnessed such accident. AMENDMENT 6. Section 14.09. Personal Interest in City Contracts, shall be amended to read: SECTION 14.09. PERSONAL INTEREST IN CITY CONTRACTS. No City official or employee shall participate in a vote or decision on any matter involving a business entity or real property in which the official or employee has a substantial interest as provided by state law. AMENDMENT Z Section 14.10. Nepotism, shall be amended to read: SECTION 14.10. NEPOTISM. No person related within the second degree by affinity or within the third degree by consanguinity to the Mayor, any member of the Council or City Manager, shall be appointed to any office, position, clerkship or other service of the City. .. - . Nothing herein contained shall prevent the a anointment, voting for, or con rmation o an I,- rson who shall have been continuousl em lo ed in an o: ce • . sitio clerkshi • em • to ment or du or the ollowin! • -riod rior to the election or annointment, as annlicable of the officer or member related to such emnlovee in the prohibited de! ee: (1) at least this dayst if the officer or member is a inted, or 2) at least six months, if the officer or member is elected. SECTION 8. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing of the City Secretary as provided by section 52.094 of the Texas Election Code. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Regular Election City of Huntsville, Texas January 18, 1992 INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an "X" in the square beside the candidate's name. Councilmember, At-Large Position One (Vote for one) (candidates' name) Councilmember, At-Large Position Two (Vote for one (candidates' name) Councilmember, At-Large Position Three (Vote for one (candidates' name) :=1 Councilmember, At-Large Position Four (Vote for one) =I (candidates' name) 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 charter. FOR AGAINST AMENDMENT 2. The charter amendment to conform the City election procedure with state law. FOR AGAINST AMENDMENT 3. The charter amendment to require one City Council meeting per month. FOR AGAINST AMENDMENT 4. The charter amendment to require a descriptive caption of franchise ordinance be published in the newspaper prior to adoption. FOR AGAINST AMENDMENT 5. The charter amendment to extend the period of time to file a notice of claim against the City from 45 days to six months. FOR AGAINST AMENDMENT 6. The charter amendment to prohibit any City Councilmember, officer or employee from participating in the award of a contract in which the member, officer or employee has a substantial interest. FOR AGAINST AMENDMENT 7. The charter amendment to make the City nepotism rule comply with state law. FOR AGAINST SECTION 9. The City Secretary is hereby appointed as the clerk of early voting, and SECTION 10. City Hall 1212 Avenue M Huntsville, Texas 77340 is hereby designated as the place for 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. James Mathis is hereby appointed as the presiding judge of the early ballot board, and is hereby directed to perform the duties required of such by Section 87 of the Texas Election Code. SECTION 11. The Mayor and City Secretary are hereby directed to give notice of the election by: (a) causing the 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 twenty -five (25) 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 the notice at least twenty (20) 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 (20) 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 12. This notice shall take effect from and after its passage. PASSED AND APPROVED this / a day of noVT?be4f, 1991. ATTEST: I '� ♦ City Secretary 4,A) >e Lih,b(Lo APPROVED AS '1;0 FORM: THE CITY OF HUNTSVILLE By Scott Bounds, City Attorney W. H. Hodges, Mayo