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RESO 1992-02 - Canvass 1-18-92 ElectionRESOLUTION NO. 92 -2 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 18TH DAY OF JANUARY, 1992, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR AT -LARGE POSITIONS, AND FOR THE PURPOSE OF VOTING ON SEVEN (7) AMENDMENTS TO THE CHARTER OF THE CITY OF HUNTSVILLE; 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 21st day of January, 1992, proceeded to canvass the returns of the regular municipal election held in the City on the 18th day of January, 1992, for the purpose of electing four Councilmembers, one from each of the City's at -large positions, and for the purpose of voting on seven (7) amendments to the Charter of the City of Huntsville; and WHEREAS WHEREAS the election was held under and pursuant to the provisions of Ordinance No. 91 -28 calling the election; and the election having been duly and regularly had 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: FOR COUNCILMEMBER AT- LARGE, POSITION 1 DAN S. DAVIS 120 WRITE -INS 10 FOR COUNCILMEMBER AT- LARGE, POSITION 2 ILA G. GAINES 121 WRITE -INS 8 FOR COUNCILMEMBER AT- LARGE, POSITION 3 JIM CARTER 114 WRITE -INS 8 FOR COUNCILMEMBER AT- LARGE, POSITION 4 WILLIAM B. GREEN 118 WRITE -INS 9 CHARTER AMENDMENT FOR AGAINST 1. The charter amendment to update 132 11 state statutory references contained in charter. 2. The charter amendment to conform the 137 8 City election procedure with state law. 3. The charter amendment to require one 87 59 City Council meeting per month. 4. The charter amendment to require a 111 30 descriptive caption of franchise ordinance to be published in the newspaper prior to adoption. 5. The charter amendment to extend the 102 38 period of time to file a notice of claim against the City from 45 days to six months. 6. The charter amendment to prohibit any 99 45 City Councilmember, officer or employee from participating in the award of a contract in which a member, officer or employee has a substantial interest. 7. The charter amendment to make the City nepotism rule comply with state law. 128 14 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: SECTION 2: SECTION 3: Dan S. Davis received a majority of the votes cast at the election for the office of Councilmember At- Large, Position 1, and accordingly, Dan S. Davis is hereby declared elected to the office of Councilmember At- Large, Position 1, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Ila G. Gaines received a majority of the votes cast at the election for the office of Councilmember At- Large, Position 2, and accordingly, Ila G. Gaines is hereby declared elected to the office of Councilmember At- Large, Position 2, subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. Jim Carter received a majority of the votes cast at the election for the office of Councilmember At- Large, Position 3, and accordingly, Jim Carter is hereby declared elected to the office of Councilmember At -Large, Position 3, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 4: William B. Green received a majority of the votes cast at the election for the office of Councilmember At- Large, Position 4, and accordingly, William B. Green is hereby declared elected to the office of Councilmember At- Large, Position 4, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 5: Charter Amendment No. 1 was approved by a majority of the votes cast at the election on amendments and, accordingly Sections 2.01, 3.01, and 14.23 of the City Charter of the City of Huntsville, Texas, are 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 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 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. SECTION 6: (a) Amendments to this Charter shall be framed and submitted to the voters of the City in the manner provided by Chapter 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. Charter Amendment No. 2 was approved by a majority of the votes cast at the election on amendments and, accordingly Sections 4.01, 6.01, and 6.08 of the City Charter of the City of Huntsville, Texas, are 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 first Tuesday following the election until the first Tuesday following the general 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 first 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 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. 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 6.08. 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 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: Charter Amendment No. 3 was approved by a majority of the votes cast at the election on amendments and, accordingly Section 4.07 of the City Charter of the City of Huntsville, Texas, is 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 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. SECTION 8: Charter Amendment No. 4 was approved by a majority of the votes cast at the election on amendments and, accordingly Section 13.03 of the City Charter of the City of Huntsville, Texas, is 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, a descriptive 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. SECTION 9: Charter Amendment No. 5 was approved by a majority of the votes cast at the election on amendments and, accordingly Section 14.06 of the City Charter of the City of Huntsville, Texas, is 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 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. SECTION 10: Charter Amendment No. 6 was approved by a majority of the votes cast at the election on amendments and, accordingly Section 14.09 of the City Charter of the City of Huntsville, Texas, is 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. SECTION 11: Charter Amendment No. 7 was approved by a majority of the votes cast at the election on amendments and, accordingly Section 14.10 of the City Charter of the City of Huntsville, Texas, is 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 appointment, voting for, or confirmation of any person who shall have been continuously employed in any office, position, clerkship, employment or duty for the following period prior to the election or appointment, as applicable, of the officer or member related to such employee in the prohibited degree: (1) at least thirty days, if the officer or member is appointed; or (2) at least six months, if the officer or member is elected. SECTION 12: 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 13: This resolution shall take effect immediately from and after its passage. APPROVED this 21st day of January, 1992. THE CITY OF HUNTSVILLE, TEXAS ATTEST: Danna Welter, City Secretary APPRO " D AS RM: Scott B • u : s, City Attorney H. Hodges, Mayor