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RESO 1982-07 - Canvass 4-3-82 Election• fr • RESOLUTION 82 -7 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 3rd DAY OF APRIL, 1982, 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 FIFTEEN PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF HUNTSVILLE, TEXAS; 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 THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. WHEREAS, pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on this 6th day of April, 1982, proceeded to canvass the returns of the Regular Municipal Election held in the City on the 3rd day of April, 1982, for the purpose of electing four Councilmembers At -Large and voting on fifteen Charter Amendments; and WHEREAS said Election was held under and pursuant to the provisions of Ordinance No. 82 -2 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 been duly made and the Election Judges 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 said Election were as follows,to wit: FOR COUNCILMEMBER, AT -LARGE POSITION ONE Joe R. Lawson Larry Corley James P. Weber 293 899 443 FOR COUNCILMEMBER, AT -LARGE POSITION TWO Bill Hodges 1294 FOR COUNCILMEMBER, AT -LARGE POSITION THREE James L. Carter 581 Stephen E. Davis 955 FOR COUNCILMEMBER, AT -LARGE POSITION FOUR Tom Kordinak 609 Murray A. Brown 990 • • CITY CHARTER AMENDMENT ONE: To change City Council voting procedures to allow abstentions. For Against AMENDMENT TWO: To require the Mayor to Vote. For Against AMENDMENT THREE: 894 588 1084 413 To delete the old legal description of municipal boundaries. For Against AMENDMENT FOUR: 1000 365 To change "Councilmember" to "Councilmember ". For Against AMENDMENT FIVE: 1079 428 To amend Councilmember qualifications regarding property ownership, residency and age. For Against AMENDMENT SIX: 1047 398 To require presentation of ordinances in writing to City Council before adoption and to require publication of ordinances twice within ten days of passage by Council. For Against AMENDMENT SEVEN: 1352 128 To allow the Mayor to remove board or commission members only with approval of Council. For Against AMENDMENT EIGHT: 1223 279 To limit the scope of grievances appealable to City Council. For Against AMENDMENT NINE: To provide for April Election For Against 799 656 1303 117 • • AMENDMENT TEN: To allow the City Manager to establish certain City Departments. For Against AMENDMENT ELEVEN: 79U 682 To require the City Manager to submit quarterly financial reports. For Against AMENDMENT TWELVE: 1386 113 To authorize City Council to establish purchasing procedures by ordinance. For Against AMENDMENT THIRTEEN: 1225 221 To change the City's tax collection procedures as provided by State law. For Against AMENDMENT FOURTEEN: 1157 264 To eliminate the requirement that all contract documents be filed at the City Library. For Against AMENDMENT FIFTEEN: To provide Charter Review Committee. For Against 793 640 1187 244 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 have 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. LARRY CORLEY received a majority of the votes cast at said Election for the office of Councilmember from At -Large Position One (1), and accordingly, the said LARRY CORLEY is hereby declared elected to the office of Councilmember from At -Large Position One (1), subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. • . • Section 2. BILL HODGES received a majority of the votes cast at said Election for the office of Councilmember from At -Large Position Two (2), and accordingly, the said BILL HODGES is hereby declared elected to the office of Councilmember from At -Large Position Two (2), subject to the taking of his 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 from At -Large Position Three (3), and accordingly, the said STEPHEN E. DAVIS is hereby declared elected to the office of Councilmember from At -Large Position Three (3), subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 4. MURRAY BROWN received a majority of the votes cast at said Election for the office of Councilmember from At -Large Position Four (4), and accordingly, the said MURRAY BROWN is hereby declared elected to the office of Councilmember from At -Large Position Four (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 Number One 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. Unless a member of Council states either that he is abstaining because he has a potential conflict of interest, or he desires to waive the requirement for reconsideration of an ordinance not passed unanimously, then he shall vote upon every issue upon which a vote is called. A member present who abstains for any other reason shall be recorded as having cast a negative vote. Section 6. Charter Amendment Number Two was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, § 5.06 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 5.06: PRIVILEGE OF VOTE AND VETO. The Mayor, as a member of the Council, shall vote upon all matters considered by the Council, except in those instances where such privilege of vote is specifically denied him by this Charter. The Mayor shall have the power to veto any ordinance or resolution enacted or adopted by the Council, except those ordinances or resolutions which are not subject to the initiative or referendum process under the provisions of this Charter. To be effective, such veto must be accomplished by a veto message setting forth in writing the Mayor's reason for such veto, which such veto and veto message must be filed with the City Secretary within such three day period. The City Secretary shall deliver the Mayor's veto and veto message to the Council at its next regular meeting. Section 7. Charter Amendment Number Three was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, § 1.01 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 1.01. CORPORATE NAME All the inhabitants of the City of Huntsville, in Walker County, Texas, as the boundaries and limits of said • • City are now established or as hereafter established in the manner provided by this charter, shall be a body politic, incorporated under and to be known by the name and style of the "City of Huntsville," with such powers, rights and duties as are herein provided. Section 8. Charter Amendment Number Four was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, §§ 4.01, 4.02, 4.03, 4.07, 4.12, 4.12, 4.14, 4.17, 4.18, 4.19, 4.20, 5.02, 6.01, 6.02, 6.05, 6.06, 14.11 and 14.12 of the City Charter of the City of Huntsville, Texas, are amended: To change terms "Councilmember" and "Councilmembers ", as they appear in said sections, to "Councilmember" or "Councilmembers ". Section 9. Charter Amendment Number Five was approved by a majority of the votes cast in 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 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 thereafter. A member of the Council ceasing to possess any of the foregoing qualifications shall immediately forfeit his office. Section 10. Charter Amendment Number Six was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, §§ 4.14, 4.15, and 13.03 of the City Charter of the City of Huntsville, Texas, are amended to read: SECTION 4 :14. PROCEDURE TO ENACT LEGISLATION. The Council shall legislate by ordinance, and the enacting clause of every ordinance shall be, "Be it ordained by the City Council of the City of Huntsville ". The City Attorney shall approve as to legality all ordinances adopted by the Council, or shall file with the City Secretary his written legal objections thereto. Evidence of approval of an ordinance by the City Attorney may be made by notation on the ordinance itself or by separate paper or instrument. Each ordinance finally enacted by the Council shall be signed by the Mayor, subject only to his right to veto, and shall be filed with and recorded by the City Secretary. In the event the Mayor fails or refuses to sign an ordinance after the period in which he may veto the same has expired or in the event he fails or refuses to sign an ordinance passed over his veto, such ordinance shall be signed by the Mayor Pro Tem or by two Councilmembers. Every ordinance shall be introduced in written or printed form, and, upon passage, shall take effect at the time indicated therein. Except as otherwise provided in this charter, it shall not be necessary to the validity of any ordinance that it shall be passed at more than one session of the City Council. • • SECTION 4.15. PUBLICATION OF ORDINANCES. Except as otherwise provided by law or by this Charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine, or forfeiture for any violation of any of its provisions, and every other ordinance required by law or by this Charter to be published, by causing the ordinance, or its descriptive caption and penalty, to be published at least twice within ten days after final passage thereof in the official newspaper taken before any officer authorized to administer oaths and filed with the City Secretary shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. Such ordinances shall take effect ten days after final passage, provided that any penal ordinance passed as an emergency measure shall take effect immediately upon publication. 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 full text thereof shall be published one time in the official newspaper of the City, and the expense of such publication shall be borne by the prespective franchise holder. Section 11. Charter Amendment Number Seven was approved by a majority of the votes cast at said Election on said Amendment, and accordingly § 5.07 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 5.07. REMOVAL OF APPOINTED, NON -PAID PERSONS. The Mayor may, with approval of Council, remove from office or position all persons appointed by him to serve on boards, commissions, or committees, or agencies of the City or to serve in any similar non -paid offices or positions of the City. The action of the Mayor and Council shall be final. Section 12. Charter Amendment Number Eight was approved by a majority of the votes cast as said Election on said Amendment, and accordingly §§ 4.12 and 4.13 of the City Charter of the City of Huntsville, Texas, are amended to read: SECTION 4.12. REMOVAL OF OFFICERS APPOINTED BY CITY COUNCIL The Council may by preliminary resolution suspend or remove any appointed, salaried officer or employee of the City that the Mayor or Council under this Charter has the power to appoint. If within ten days of such suspension the officer or employee requests in writing a hearing before Council, a hearing shall be held not less than six nor more than twenty days from such request. After such hearing, Council may adopt a final resolution of removal by an affirmative vote of the majority of Council. The action of Council shall be final. SECTION 4.13. EMPLOYEE GRIEVANCES After proper appeal to the City Manager, all City employees, other than those employees appointed by Mayor or Council, may appeal in writing to Council to hear and resolve grievances of personnel matters as they relate to • • disciplinary actions resulting in a suspension without pay for five working days or more or resulting in termination. The petition shall be signed by the employee, shall contain his home address, and shall state whether he desires a public or a private hearing. The petition shall be filed with the City Secretary within ten days of the written decision rendered by the City Manager. If the Petition is timely filed, a hearing shall be held not less than six nor more than twenty days from such petition. The City Secretary shall give written notice of the time of such hearing to the suspended employee at the address shown in the petition by certified mail or personal service at least three days prior to the date of such hearing. At the hearing, the Councilmembers and the suspended employee shall be given the right to be heard. Within ten days following such hearing, the Council shall render a decision in writing. The Council may affirm, reverse, set aside or reduce any previous decision as well as reinstate the employee with back pay. The action of the Councilmembers on the question of the removal of such suspension or reinstatement shall be final. Section 13. Charter Amendment Number 9 was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, §§ 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 fifteenth day of April following his election until the fifteenth day of April two years later, or until his 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 fifteenth day of April following his election until the fifteenth day of April two years later, or until his successor has been elected and duly qualified. SECTION 6.01. GENERAL ELECTIONS. Regular City general elections shall be held on the first Saturday in April. 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 election shall be ordered by the Mayor, in the event he fails to do so by the Council. The City Secretary shall give notice of such election by causing said 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. I t 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 fifteenth day of April next following the date of their • • election. All other newly elected or appointed officials may enter upon their duties immediately. Any official elected at a City general election must qualify by taking and subscribing his oath of office not later than the 30th day of April following the date of his election; otherwise, the office shall be deemed vacant. All other elected or appointed officials must qualify by taking and subscribing their oath of office within thirty days; otherwise, the office shall be deemed vacant. Section 14. Charter Amendment Number Ten was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, § 8.05, Departmental Organizations, of the City Charter of the City of Huntsville, Texas, is hereby repealed. Section 15. Charter Amendment Number Eleven was approved by a majority of the votes cast at said Election on said Amendment, and accordingly § 11.06 (e) of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 11.06. FISCAL PROCEDURES. (e) Submit to the Council through the Mayor a quarterly statement of all receipts and disbursements 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. Section 16. Charter Amendment Number Twelve was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, §§ 11.18 and 14.15 of the City Charter of the City of Huntsville, Texas, are amended to read: SECTION 11.18 PURCHASE PROCEDURES. All purchases made and contracts executed by the City shall be pursuant to a requisition from the head of the office, department, or agency appropriation will be charged, and no contract or order shall be binding on the City unless and until the City Manager certifies that there is to the credit of such office, department or agency, a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be used. Before the City makes any purchase or contract for supplies, materials, equipment or contractual services, opportunity shall be given for competition. The Council may by ordinance confer upon the City Manager general authority to contract for expenditures without further approval of the Council for all budgeted items. Section 17. Charter Amendment Number Thirteen was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, §§ 12.01 and 12.02 of the City Charter of the City of Huntsville, Texas are amended to read: SECTION 12.01. POWER OF TAXATION. The City shall have the powers to levy, assess, and collect taxes of every character and type not prohibited by the Constitution and Laws of the State of Texas, and for any municipal purpose. Except as otherwise provided by law or by this Charter, the Council shall have the power to provide by ordinance for the assessment and collection of all taxes, and to make such rules, regulations, and mode of procedure to enforce the collection by and payment to the City Tax Assessor and Collector as it may deem expedient, and may • • provide such penalties for the failure to pay such taxes as it may deem expedient. SECTION 12.02 AD VALOREM TAXES. All property, real, personal, or mixed, situated within the corporate limits of the City on January 1st of each year, not expressly exempt by law, shall be subject to taxation by the City for such year. Section 18. Charter Amendment Number Fourteen was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, § 14.15 of the City Charter of the City of Huntsville, Texas is amended to read: SECTION 14.15. LIMITATIONS ON CONTRACTS. The Council may award contracts only at regular meetings of the Council except in the event of grave public emergency or calamity. It is further provided that from the date of any City general election until the members of the Council elected at such election have duly qualified and taken office, the Council shall not create, make, or enter into any contract for the purchase of materials, supplies, land, or buildings, or for the construction or repair of any public building or the carrying on of any public work, or professional services requiring or authorizing any expenditure in excess of One Thousand Dollars which creates or imposes on the City any obligation or liability of any nature or character whatsoever, except in the event of grave public emergency or calamity. It is specifically provided, however, that this provision shall not apply to contracts lawfully authorized prior to any City general election or to contracts which may hereafter be lawfully authorized by a vote of the qualified voters of the City, or to contracts made for the purpose of continuing the normal functions of any regularly established department of the City. Any and all contracts hereafter made by the City in violation of the terms of this provision shall be void and shall not be enforceable in any court of this State and the performance of same and the payment of any money thereunder may be enjoined by any property tax paying citizen of the City. Section 19. Charter Amendment Number Fifteen was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, § 14.25 is amended to read: SECTION 14.25. (a) Amendments to this Charter shall be framed and submitted to the voters of the City in the manner provided by Chapter 13 of Title 28 of the Revised Civil Statutes of Texas, 1925, as heretofore or hereafter amended. (b) Every five years the Mayor, with approval of Council, shall appoint at least three persons 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 City at a municipal election. Section 20. That the City Council of the City of Huntsville further finds that the notice of said Election was duly and properly given as required by law and as provided in the Ordinance calling said Election, and that said Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of said Election, and in all things according to the law. • • , Section 21. The City Secretary is hereby directed to file a copy of the amendments to the City Charter of the City of Huntsville, Texas with the Secretary of the State of Texas. Section 22. This resolution shall take effect immediately from and after passage. APPROVED THIS yAP day of haw, City Secretary APPROVED AS TO FORM: S1144( Scott BnG Ci Attorney City ttorney . 1982. THE CITY OF HUNTSVILLE BY - William V. Nash, Mayor