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ORD 1986-03 - Calling 4-5-86 ElectionORDINANCE NO. 86 -3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF APRIL, 1986, FOR THE PURPOSE OF ELECTING 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 MANNEF OF HOLDING SAID ELECTION; AND PROVIDING FOR THE POSTING AND FuBLICATION OF NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1. 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 5th'day of April, 1986, in said City for the purpose of electing from at -large positions One, Two, Three and Four, and for the further purpose of voting on eight proposed amendments to the City Charter of the City of Huntsville, Texas. Section 2. The City is hereby divided into nine (9) election precincts, said precincts to have the same boundaries as County election precinct numbers 101, 102, 105, 201, 202, 206, 301, 306 and 401. The polling places and election officials for these election precincts shall be as follows: Election Precinct Polling Place No. 101 Fire Station #2 2109 Sam Houston Avenue No. 102 No. 105 Walker County Courthouse 1100 University Ave. First Baptist Church 1530 10th Street 99 Officials Helen Wheat Judge and Presiding Officer Betty Dunlap Alternate Judge Lillian Nimno Judge and Presiding Officer Betty Olm Alternate Judge Elnora Hudley Judge and Presiding Officer Mary Frances King Alternate Judge No. 201 Holiday Inn 1407 Interstate 45 No. 202 No. 206 Bill Tubbleville Judge and Presiding Officer Jo Shipman Alternate Judge First Presbyterian Church Robert Biles 1801 19th Street Judge and Presiding Officer John Holcomb A ternate Judge Pine Bluff Church Donald Coers 3721 Possum Walk (FM 1374) Judge and Presiding Officer No. 301 Emancipation Park Bldg. 300 Avenue F Tommy Davis Alternate Judge Bill Howland Judge and Presiding Officer Jane Amyett Alternate Judge No. 306 Faith Memorial Baptist Church Naomi Farris 314 16th Street Judge and Presiding Officer Joe Martinez, Jr. Alternate Judge No. 401 Goree Unit Recreation Hall Sherrell Goodrow 30,000 Highway 75 South Judge and Presiding Officer Thelma Loving Alternate Judge 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. One Councilmember shall be selected from each of the respc -'ive at -large position numbers One (1), Two (2), Three (3) and Four (• : of the City by a majority vote of the City at- large. The Councilmember 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 voters of the State of Texas, residents within the present corporate limits of Huntsville for at least six months, and current in payment of taxes and assessments due to the City. 100 Section 6. Any eligible and qualified person may have his name upon the the official ballot as an independent candidate by submitting an application, which, in accordance, with Texas Election Code § 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 and 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 received 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; and the statement: "I, , of Walker County, Texas, being a candidate for the office of 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. Section 7: 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: Proposal One Shall § 4.02 of the City Charter of the City of Huntsville, Texas, be amended to read: SECTION 4.02. QUALIFICATIONS. At the time of election to office and during their tenure of office the Mayor and each member of the Council shall be a citizen • a 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 A member of the Council ceasing to possess any of the foregoing qualifications shall immediately forfeit his office. 101 Proposal Two Shall 4.09 of the City Charter of the City of Huntsville, Texas, be 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. Proposal Three Shall § 4.19 of the City Charter of the City of Huntsville, Texas, be 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. Proposal Four Shall § 6.02 of the City Charter of the City of Huntsville, Texas, be 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. 102 Proposal Five Shall % 7.03 of the City Charter of the City of Huntsville, Texas, be 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. Proposal Six Shall 11.16 of the City Charter of the City of Huntsville, Texas, be 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. Proposal Seven Shall 14.01 and 14.O1A (related to interim government and interim budget) of the City Charter of the City of Huntsville, Texas, be repealed? SECTION 14.01. INTERIM GOVERNMENT. The present City Government of the City shall continue in force and effect until the first day of January 1973. It is the specific intent of this Section to make the provisions of the November 1972 Amendments applicable and effective as of January 1, 1973. The 103 Council members, Mayor, and all officers and employees of the City shall continue in their present capacities, offices, and employments until provisions of the November 1972 Amendments shall be put into effect by ordinance or resolution of the Council and the Council shall as soon as possible put these Amendments into effect by ordinance or resolution. Provided,. that these amendments shall go into effect finally and completely without further action by the Council on January 1, 1973, and thereupon all offices, employments, powers, actions and procedures of the City shall be under and in accordance with these amendments. SECTION 14.O1A. INTERIM BUDGET. The budget adopted by the City for the current fiscal year shall remain as the budget for the City until the last day of March, 1973. In the period from the ending of the fiscal year in the original Charter until the beginning of the new fiscal year under the November, 1972 Amendment to such Charter, there shall be an interim budget prepared in accordance with the Charter and Amendments thereto. All provisions of the charter and Amendments thereto, pertaining to the preparation, presentation, adoption, publication or in any other respect, shall apply to this interim budget. Thereafter the budget shall be for the fiscal year as set out in the 1972 Amendment to this Charter. Proposal Eight Shall 14.22 (related to Judicial Notice) of the City Charter of the City of Huntsville, Texas, be repealed? SECTION 14.22. JUDICIAL NOTICE. This Charter shall be deemed a public act, and shall have the force and effect of the general law, may be read in evidence without pleading or proof, and judicial notice shall be taken thereto in all courts and placed without further proof. 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 said election shall be as follows: OFFICIAL BALLOT 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) 104 Councilmember, At-Large Position Two (Vote for one) L Councilmember, At-Large Position Three (Vote for one) (Vote for one) Councilmember, At-Large Position Four Li INSTRUCTION NOTE: Vote on Each Amendment to the Charter of the City of Huntsville by placing an "X" in the square beside the statement indicating the way you wish to vote. Yes (Si) Amendment Number One Shall § 4.02 of the City Charter be amended 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? Amendment Number Two Shall 4.09 of the City Charter be amended to require that Yes Si) the Mayor and each Councilmember file a written notice of a conflict of interest if they abstain from voting? No"RNo) Yes Amendment Number Three Shall 4.19 of the City Charter be amended to require the Mayor and Council to fill vacancies in the office of council-member by special election rather than by appointment? 105 Amendment Number Four Yes Si) date of run -off elections from the third Tuesday following Shall 6.02 of the City Charter be amended to change the the election to a Saturday within thirty days following the election? No) Amendment Number Five Shall 7.03 of the City Charter be amended to change all Yes (Si) references to "poll tax receipt or exemption certificate serial numbers" to "voter registration numbers "? NoENo) Yes (Si) No (No) Amendment Number Six Shall 11.16 of the City Charter be amended to require publication of the sale of bonds at least fourteen days prior to the sale? No (INo) Amendment Number Seven Shall §§ 14.01 and 14.O1A of the City Charter providing for Interim Government and Interim Budget from November 1978 to October 1, 1983, be repealed? Yes Si) NogNo) Amendment Number Eight Shall 14.22 of the City Charter requiring all courts to take judicial notice of the City Charter without proof be repealed? 1O$ Section 9. City Secretary, Ruth DeShaw, is hereby appointed as the Clerk of Absentee Voting, and the Office of the City Secretary City Hall 1212 Avenue M Huntsville, Texas 77340 is hereby designated as the place for absentee voting for the election. During the lawful absentee voting period, such clerk shall keep such place for absentee voting open for absentee voting from 8:00 A.M. to 12:00 Noon and from 1:00 P.M. to 5:00 P.M. on each day except Saturdays, Sundays, and official state holidays. /ak Section 10. ADEL-.E SHWPSO/li is hereby appointed as the presiding judge of the Absentee Ballot Board, and is hereby directed to perform the duties required of such by Texas Election Code § 87. Section 11. The Mayor and City Secretary are hereby directed to give notice of said election by: (a) causing said 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 said notice at least twenty (20) days before said election; and (d) by posting at City Hall and the Walker County Courthouse bulletin boards notice of said elections at least twenty (20) days before said 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 ordinance shall take effect from and after its passage. APPoftJ1k-b 107 PASSED AND APPROVED this I'f,- day o ATTEST: th DeShaw, City Secretary APPROVED AS TO FORM: Scott Bounds, City Attorney THE C By 1986. TY OF HUNTSVILLE c. --J CD izi a) (1) --t r) c t (") (--i. —.., cf- 1-1.• .„...1 rD Z 0 "5 (V --", 10. cl. (..) 0 a) ~ CD -- M ----, - • rri rb -• , "0 0. ..) ---I c--) ta, ,9 n ..„. ,.. ,,..•• W _ tat ...., Li_ 0. -L.*, .c. 0 ■-, rr7 f...„ .,... z. •-- ----, r,, IT> ,- -7 C> —, :7-.; rD (...,) 01 CO .Z 0 CD . fr - ,....- , „_. t--, :-... , ..• .... „,-- .• rri ,-- -II CI, C) C,---. (17 ,O4 fa, Z el- • a) 0 (..") -:-.. • , Z c in rri 1---- 1--- ----/ .. Ill rr7 ---- 3- ..--, (-)... •,-. CD O (-D 0 ..- rb .... .._1 .., -.., -7 --• n) 0 rri • ' --r) f-ri g fijr ---'Q' C) r) ,;•,<, ..,7 „9 (-,/- -1 Z ■-• c* ' • ,-. I-I 0 z ... 0 -,. .Z -5 Gn 0 c_, Z ,. ' --I 6 6---) (fl (D0 -0 ri, 0 rb ri) 0 <0 0 Z z• ...,. '-'" r-• --- CE_ a) rb r) -,- 0 -.---- rb 47 •••ri !..,'„I r"- rii a:7 .h 0. CD f--- r-t- 1,73 sr1 0 rr, 6-■ -5 cn CO