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ORD 2004-14 - Results of Election Amendments To City Charter 05-26-2004ORDINANCE NO. 2004 -14 AN ORDINANCE CANVASSING THE RETURNS OF THE SPECIAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE 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; 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 26th day of May 2004, proceeded to canvass the returns of the special election held in the City 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; and WHEREAS the election was held under and pursuant to the provisions of Ordinance No. 2004 -11 calling the election; and WHEREAS the election having been duly and regularly held 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: AMENDMENT 1 AMENDMENT 2 AMENDMENT 3 The charter amendment to update state statutory references contained in the charter. 2675 FOR 387 AGAINST 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. 2633 FOR 515 AGAINST 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. 2026 FOR 1043 AGAINST AMENDMENT 4. The charter amendment to require that the Judge of the Municipal Court be an attorney at law. AMENDMENT 5 AMENDMENT 6 AMENDMENT 7 2449 FOR 775 AGAINST The charter amendment to require the Director of Finance to be appointed by the City Manager. 2017 FOR 1108 AGAINST The charter amendment to require the Director of Finance to perform fiscal procedures specified in the City Charter. 2713 FOR 387 AGAINST The charter amendment to remove the veto power of the Mayor. 1721 FOR 1520 AGAINST 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Charter Amendment 1 was approved by a majority of the votes cast at the election on amendments and, accordingly Sections 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 6.07, Canvassing Election and Declaring Results; Section 6.08, Notification and Qualification of City Officials; Section 7.05, Council Consideration and Submission to Voters; Section 7.09, Recall Elections shall be amended to read; and Section 13.08,Regulation of Rates, shall removed: SECTION 4.07. MEETINGS OF THE COUNCIL. There shall be one of- more regular meetings of'the City Council each month, which shall be held tit such times and places as shall be prescribed by ordinance. Special meetings pray be called at any time hp the Mar°or, the City Manager, or by a majority of the Councilmembers qualified and serving by giving notice to the Citv Secretary, who shall in turn give notice of such special meetings to all members of the ConnCil 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 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'Councilmenrber 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 manner provided for City general elections to elect successors to fill such unexpired terms. Any person 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 Mcrvor 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. 4 more than one year of such unexpired term remains, however, the Council shall call a special election to be held on the first uniform election date not earlier than 30 days after the vacancy occurs to fill such vacancy for the unexpired term. The Mayor Pro Tern shall act as Mayor until a successor to the office of Mavor has been elected and duly qualified. SECTION 6.01. GENERAL ELECTIONS. Regular City general elections shall be held on the uniform election date in May. All Cormcilmernbers and the Mayor shall be elected for two,' year terms, provided that the Mayor and Councilmembers from all Wards shall be elected on odd numered 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 Councibnember from the qualified voter's n -a•d. 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 Shull give notice of such election by causing the notice to be published at least fbrty days prior to the date of such election in the official newspaper of the City. SECTION 6.05. FILING OF CANDIDATES. Airy 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 on the 91" ay and ending on the 62 "`r 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 hilly 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 ELECTION AND 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, curd declare the official results of the election not earlier than the eighth day or later- than the eleventh da_v 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 qualified person receiving a mafor-ith of all votes cast for the office that person seeks shall thereupon he declared by said Council elected. The decision of the Council as to qualifications of candidates shall be conclusive and final for all purposes. 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 riot earlier than the eighth day or later- than the eleventh clay 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 CONSIDERA IYON AND SUBMISSION TO VOTERS When the Council receives an authorized initiative petition certified by the City Secretcuy- to be szrfficient, the Council shall either: (a) pass the initiated ordinance without amendment within twentp -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 on the 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 he 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 qualified voters of the Citv at a rc -ular or special election to be held on the first uniform 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 order an election to be held on the first uniform election date not earlier than 30 days following such certification to determine whether such of shall be recalled. SECTION 2: Charter Amendment 2 was approved by a majority of the votes cast at the election on amendments and, accordingly 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, man 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 bound, ;, 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 die 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 mav, by ordinance, declare such territory annexed to the City of Huntsville, and the same shall thenceforth be an integral part ofsaid 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 this Charter, from making application to the City Council to have same annexed to the Citv, and when such application is made and acted upon, an ordinance may be passed, providing for the annexation of such property, and scud 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 Iving adjacent to the City, and the detachment or disannexation of territory, with or without the consent of the owvrers 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 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'Hunisville and the propert'v situated therein shall bear its pro rater part of the taxes levied by the City, and the inhabitants thereof shall be entitled to all of the rights carol privileges of 4111 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: Charter Amendment 3 was approved by a majority of the votes cast at the election on amendments and, accordingly Sections 7.01, Power of Initiative; 7.02, Power of Referendum; 7.08, Power of Recall, shall be amended to read; and removal of 7.06,Petition signed by less than Twenty Percent of Qualified Voters: SECTION 7.01. POWER OF INITIATIVE. The people of the City reserve the power of direct legislation by initiative, and in the exercisc 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 41 petition signed by the qualified voters of the City equal in number to 20'% of the number of voters who voted in the last Presidential election in the City, 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 tar 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 referenclurn, a petition signed by at least 20`% of the number of'voters who voted in the last Presidential election in the Citv, 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 cis herein provided. 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 Secretai v 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 City, but not less than 2,000, demanding the removal of such elected officers. The petition shall be signed and verified in the mariner required for an initiative petition. SECTION 4: Charter Amendment 4 was approved by a majority of the votes cast at the election on amendments and, accordingly Section Section 10.02, J edge 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 shall 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. SECTION 5: Charter Amendment 5 was approved by a majority of the votes cast at the election on amendments and, accordingly Section 11.01, Department of Finance, shall be amended to read: SECTION 1 LO1. DEPARTMENT OF FINANCE. There shall be a Department of Finance headed by a Director appointed by the City Manager. SECTION 6: Charter Amendment 6 was approved by a majority of the votes cast at the election on amendments and, accordingly Section 11.02, 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, card to that end shall have authority and shall be required to: (a) Have custody of and be responsible for 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 bi 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 decreed necesscn_r, seek the written advice of the City Attorney in order to determine the regularity, Icgcdity, and correctness of such claims, demands, or charges, prior to presentation of the salne to the Council for approval. (e) Submit to the Council through the Mayor a quarterly statement of'all receipts and disbusennents 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. (f) 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 indebtechteSS of the City in the form and as often cis a majority of the Councilmembers qualified caul serving nail 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 ineetirig of'the Council and the results shall be made a matter of record and shall be reflected on the report when published cis above provided. A copy gf'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 ofsuch report shall be made availablc in the office of the Director of Finance for public inspection during normal offace hours. (g) Invest all finds deemed in excess of current needs in the manner authorized by the lams of the State of Texas; current needs are herebv defined cis expenditures to be made within a giyerl 11ineti, (90) day period. (h) Have custody of all investments in investor frmds 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 die receipt (11141 delivery of Citv bonds, warrants, crud notes for transfer, registration or exchange. The Director of Finance shall be responsible for the destruction of redeemed, paid and canceled hoods, warrants and notes. (i) Maintain a general accounting systeat for the City, government and each of its of /ices, deparnnenb and agencies; keep books fir 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 disburserrtents fi-oin 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. W Pay no claim against the Cite unless it is evidenced by bill voucher submitted cold approved by the head of the department for which the indebtedness was incurred. Each officer curd their surer shall be liable to the City for all loss or damage sustained by the City by reason ojnegligeuce or corrupt approval of such claim. SECTION 7: Charter Amendment 7 was approved by a majority of the votes cast at the election on amendments and, accordingly Sections 4.11, Override of Mayor's Veto; Section 5.06, Privilege of Vote and Veto, shall be removed. SECTION & 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 9: This ordinance shall take effect immediately from and after its passage, subject to Department of Justice pre - clearance, if necessary. APPROVED this 266h day of May 2004. THE L OF T MLLE, TEXAS Karl Davidson, Mayor ATTEST: r` Danna Welter, City Secretary APPROVED AS TO M: Thomas A. Lee' r, City Attorney