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RESO 1986-05 - Election Results 4-15-86RESOLUTION NO. 86- 5 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 5TH DAY OF APRIL, 1986, 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 EIGHT (8) AMENDMENTS TO THE CHARTER OF THE CITY OF HUNTSVILLE; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID 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 8th day of April, 1986, proceeded to canvass the returns of the Regular Municipal Election held in the City on the 5th day of April, 1986, for the purpose of electing four Councilmembers, one from each of the City's at -large positions; and for the purpose of voting on eight (8) amendments to the City's Charter; and WHEREAS said Election was held under and pursuant to the provisions of Ordinances No. 86 -3 calling said Election; and WHEREAS said Election having been duly and regularly had as called in said ordinance and according to law, and the returns thereof having certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of said Election and finding that the total votes cast at the Election were as follows: FOR COUNCILMEMBER AT- LARGE, POSITION ONE 0. EUGENE BARRETT 1040 JANET FAIR 938 WRITE -INS 4 FOR COUNCILMEMBER AT- LARGE, POSITION TWO ILA G. GAINES 1041 JIM CARTER 949 WRITE -INS 2 FOR COUNCILMEMBER AT- LARGE, POSITION THREE STEPHEN E. DAVIS 1564 WRITE -INS 45 FOR COUNCILMEMBER AT- LARGE, POSITION FOUR BILL GREEN 1563 WRITE -INS 55 • • CHARTER AMENDMENT NO. 1 TO AMEND § OF THE CITY CHARTER TO REQUIRE THAT THE MAYOR AND EACH COUNCILMEMBER BE A QUALIFIED AND "REGISTERED" VOTER OF THE STATE OF TEXAS INSTEAD OF A "QUALIFIED" VOTER OF THE STATE OF TEXAS. FOR 1645 AGAINST 133 CHARTER AMENDMENT NO. 2 TO AMEND § 4.09 OF THE CITY CHARTER TO REQUIRE THAT THE MAYOR AND EACH COUNCILMEMBER FILE A WRITTEN NOTICE OF A CONFLICT OF INTEREST IF THEY ABSTAIN FROM VOTING. FOR 1500 AGAINST 275 CHARTER AMENDMENT NO. 3 TO AMEND § 4.19 OF THE CITY CHARTER TO REQUIRE THE MAYOR AND COUNCIL TO FILL VACANCIES IN THE OFFICE OF COUNCILMEMBER BY SPECIAL ELECTION RATHER THAN BY APPOINTMENT. FOR 1456 AGAINST 363 CHARTER AMENDMENT NO. 4 TO AMEND § 6.02 OF THE CITY CHARTER TO CHANGE THE DATE OF RUN -OFF ELECTIONS FROM THE THIRD TUESDAY FOLLOWING THE ELECTION TO A SATURDAY WITHIN THIRTY DAYS FOLLOWING THE ELECTION. FOR 1431 AGAINST 287 CHARTER AMENDMENT NO. 5 TO AMEND § 7.03 OF THE CITY CHARTER TO CHANGE ALL REFERENCES TO "POLL TAX RECEIPT OR EXEMPTION CERTIFICATE SERIAL NUMBERS" TO "VOTER REGISTRATION NUMBERS ". FOR 1482 AGAINST 214 CHARTER AMENDMENT NO. 6 TO AMEND § 11.16 OF THE CITY CHARTER TO REQUIRE PUBLICATION OF THE SALE OF BONDS AT LEAST FOURTEEN DAYS PRIOR TO THE SALE. FOR 1599 AGAINST 97 CHARTER AMENDMENT NO. 7 TO REPEAL §§ 14.01 AND 14.O1A OF THE CITY CHARTER PROVIDING FOR INTERIM GOVERNMENT AND INTERIM BUDGET FROM NOVEMBER 1972 TO MARCH 1, 1973. FOR 1239 AGAINST 326 CHARTER AMENDMENT NO. 8 TO REPEAL § 14.22 OF THE CITY CHARTER REQUIRING ALL COURTS TO TAKE JUDICIAL NOTICE OF THE CITY CHARTER WITHOUT PRIOR PROOF. FOR 1211 AGAINST 389 AND WHEREAS the City Council of the City of Huntsville finds the Election returns set out above to be accurate and correct, and no Election protest or contest has been filed with said Council or instituted in connection with said Election returns: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. 0. Eugene Barrett received a majority of the votes cast at said election for the office of Councilmember At- Large, Position One, and accordingly, 0. Eugene Barrett is hereby declared elected to the office of Councilmember At- Large, Position One, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 2. Ila G. Gaines received a majority of the votes cast at said election for the office of Councilmember At- Large, Position Two, and accordingly, Ila G. Gaines is hereby declared elected to the office of Councilmember At- Large, Position Two subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. • • Section 3. Stephen E. Davis received a majority of the votes cast at said election for the office of Councilmember At- Large, Position Three, and accordingly, Stephen E. Davis is hereby declared elected to the office of Councilmember At- Large, Position Three subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 4. Bill Green received a majority of the votes cast at said election for the office of Councilmember At- Large, Position Four and accordingly, Bill Green is hereby declared elected to the office of Councilmember At- Large, Position Four 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 said election on said amendment and, accordingly, § 4.02 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 4.02. QUALIFICATIONS. At the time of his election to office and during his tenure of office, each member of the Council shall be a citizen and a qualified and registered voter of the State of Texas and the City of Huntsville and, if he be a Councilmember from a specific Ward, a resident of such Ward. No member of Council shall have resided in the City for less than 12 months next preceding the election and no member shall be less than 21 years old. No member of the council shall be indebted to the City or be delinquent in the payment to the City of any tax or assessment. No member of the Council shall hold any other office or employment under the City government while he is a member of the Council, nor shall he hold any paid employment under the City government within two years thereater. A member of the Council ceasing to possess any of the foregoing qualifications shall immediately forfeit his office. Section 6. Charter Amendment No. 2 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 4.09 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 4.09. ABSTENTIONS. The Mayor and each member of the Council in attendance at the Council meeting shall vote on every issue that a vote is called unless that person declares a conflict of interest and files an affidavit stating the nature and extent of the interest. A person who fails or refuses to vote without filing the affidavit describing the conflict of interest shall be recorded as having cast a negative vote. Section 7. Charter Amendment No. 3 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 4.19 of the City Charter of the City of Huntsville, Texas, is amended to read: • • 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 not less than sixty (60) days after the occurrence of the vacancy. A special election shall be called in the manner provided for City general elections to elect successors to fill such unexpired terms. Any person elected to fill a vacancy in the office of Councilmember shall possess all of the qualifications herein required for the office. Section 8. Charter Amendment No. 4 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 6.02 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 6.02. RUN -OFF ELECTIONS. In the event any candidate for Mayor or Councilmember fails to receive a majority of all votes cast for his particular office at any regular or special election, the Mayor or, if he fails to do so, the Council shall on the first day following the completion of the official count of ballots cast at the first election, order a second election to be held on a Saturday within thirty (30) days following the date of such order, at which election the two candidates receiving the highest number of votes cast for such particular office in the first election, at which no one was elected to such office by receiving a majority of all votes cast for all candidates for such particular office, shall again be voted for, and the one receiving the highest number of votes cast shall be elected to such office. The City Secretary shall give notice of such run -off election by causing said notice to be published at least ten days prior to the date of such election in the official newspaper of the City. Section 9. Charter Amendment No. 5 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 7.03 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 7.03. FORM OF PETITIONS. Initiative petition papers shall contain the full text of the proposed legislation in the form of an ordinance, including a descriptive caption. Referendum petition papers shall contain a sufficient description of the ordinance sought to be referred to identify it, or if the ordinance has been passed by the Council, the full text of the ordinance sought to be referred shall be included in such papers. For a petition signature to be valid, a petition must contain, in addition to the signature, the printed name of the signer, the signer's voter registration number, the signer's residence address, the signer's ward or precinct number, and the date of signing. No signature shall be counted where there is a reason to believe it is not the actual signature of the purported signer or that • • it is a duplication either of name or of handwriting used in any other signature on the petition. Before the signatures on any petition paper may be counted, one of the signers of such petition paper, a qualified voter, shall make oath before the City Secretary or any other officer competent to administer oaths, that the statements made therein are true, that each signature to the paper appended is a genuine signature of the person whose name purports to be signed thereto, and that such signatures were placed thereon in his presence. Section 10. Charter Amendment No. 6 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 11.16 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 11.16. SALE OF BONDS. 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. No bond, otehr 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 and sold in accordance with the terms of this Section, and having been delivered to the purchaser threof, shall tehreafter be incontestable, and all bonds issued to refund and in exchange for outstanding bonds previously issued shall, after said exchange, be incontestable. Section 11. Charter Amendment No. 7 was approved by a majority of the votes cast at said election on said amendment and, accordingly, §§ 14.01 and 14.O1A of the City Charter of the City of Huntsville, Texas, are repealed. Section 12. Charter Amendment No. 8 was approved by a majority of the votes cast at said election on said amendment and, accordingly, §§ 14.22 of the City Charter of the City of Huntsville, Texas, is repealed. Section 13. City Council finds that the notice of said Election was duly and properly given as required by law and as provided in the Ordinance calling the Election, and that said 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 14. This resolution shall take effect immediately from and after its passage. APPROVED this the 8th day of April, 1986. ST-- li �e aw, City Secre ary APPROVED AS TO FORM: Scott B and ity Attorney THE C TY OF HUNTSVILLE, TEXAS By .� J,, MONDA , Its Mayor