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HomeMy WebLinkAboutCharter Amendment Election Certification 2/18/1969City of U,Ge�J�3 EULESS, TEXAS BUTLER 3-1526 P. O. BOX 368 76039 t� ri1 28, 1971 office of the :secretary of :Mate Capitol Building Austin, 'Texas 78701 I?a: City of LUless, Texan Charter Ar;endrnunts Dear Sir c ;.;nclosed please find, pursuamt to Article 1173, R.G.S. of the Mate of Texas, an authenticated ropy of 1esolution iro.228A of the City of Mules, Toxas, certifyin j the results of a Charter Amendment election held on February 18, 1969. Your: truly, Vada f'erris, City Secretary - City of buless, -c xna VF/r C E R T I F I C A T E THE STATE OF TEXAS COUNTY OF TARRIdNT CIT-17 OF EULESS 1, the undersigned, City Secretary of the City of Euless, Texas, do hereby certify that the attached and foregoing is a true and correct copy of a Resolution and Order adopted by the City Council of the said City at a meeting held on the 18th day of February , 1969, which Resolution and order is of record in the official minutes of said City Council, Volume 9 1 Page GIVE'N UNDER MY HAND AND THE OFFICIAL SEAL OF THE CIT-'Y OF EULESS, TEXAS, this the' 13th day of I . February , 1969. City'Secretary of Euless, Texas C E R T I F I C A T E THE STATE OF TEXAS COUNTY OF TARRZ-UNT CITY OF EULESS 1, the undersigned, City Secretary of the City of Euless, Texas, do hereby certify that the attached and foregoing is a true and correct copy of a Resolution and Order adopted by the City Council of the said City at a meeting held on the londh day of February , 1969, which Resolution and order is of record in the official minutes of said City Council, Volume 9 Page 9 GIVEN UNDER MY HLTdD AND THE OFFICIAL SEAL OF THE CITY OF EULESS, TEXAS, this the 18th day of ' February , 1969. City -secretary of Euless, Texas ORDINANCE NO. AN ORDINANCE CALLING A SPECIAL ELECTION TO BE HELD ON FEBRUARY 18, 1969, IN THE CITY OF EULESS, TEXAS, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF TIIE CITY OF EULESS, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER, DESIGNATING THE OFFICIAL POLLING PLACES AND APPOINTING ELECTION OFFICIALS, DEFINING QUALIFIED VOTERS, PRESCRIBING FORM OF BALLOTS, PROVIDING FOR NOTICE OF ELECTION, DECLARING AN EMERGENCY AND ENACTING PROVISIONS OTHERWISE INCIDENTAL TO SAID ELECTION. WHEREAS, the Euless City Council has heretofore appointed a 4 Citizens Charter Committee for the purpose of evaluating and recommending amendments and changes to the Euless City Charter adopted on July 21,, 1962, and WHEREAS, the said Citizens Charter Committee has now made its report to the Euless City Council and has recommended certain proposed amendments to the Euless City Charter for submission to the citizens of Euless, and WHEREAS, the Euless City Charter has not been amended or changed within the two years next preceding the proposed election date herein de- signated, and WHEREAS, the Euless City Council now deems it proper to submit said proposed amendments to the said City Charter to the qualified voters of the City :or adoption or rejection, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: That a special election be held in Euless, Texas, on February 18, 1969, at which election there shall be submitted to the qualified voters of said City for adoption or rejection the following proposed amendments to the existing Charter of the City of Euless: AMENDMENT NO. l: To amend Section 1, Article II of the present City Charter of the City of Euless, Texas, so that upon the adoption thereof at the aforesaid special election, it shall read and provide as follows: "Section 1. Number, Selection; Term of Office, Exoenses and Compensation. (a) The governing and law making body of the City of Euless shall consist of a Mayor and five' (5) Councilmen and said body shall be known as the 'City Council of the City of Euless' . The members of the City Council of the City of Euless shall be the only elective officials of the City and shall be elected from the City at large in the manner provided in Article III of this Charter for a term of two (2) years beginning on the date of such Council- men's election and each shall serve until their successors are duly elected and qualified. Each councilman shall be elected to and occupy a specific place on the Council, such places being numbered 1, 2, 3, 4 and 5, respectively. The two presenc Councilmen who were elected in April, 1967, shall be Councilmen places 2 and 4 in alphabetical order of their surnames. The thrc present Councilmen who were elected in April, 1968, shall be Councilmen places 1, 3 and 5 in alphabetical order of their surnuires. The Mayor and Councilmen places 2 and 4 shall be elected by popular majority vote of the citizens of Euless in odd numbered and Councilmen places 1, 3 and 5 shall be so elected in even years. Said Mayor and Councilmen shall be reimbursed for any is.wful expenditures made in behalf of the City or expenses incurred in the performance of their official duties, when approved by the Council." A ME XTDMENT NO. 2: To amend Section 1, Article II of the present City Charter of the City -2- of Euless, Texas, by the addition of sub -paragraph (b) as follows: " (b) The Mayor and Councilmen shall each be paid by the City of Euless the sum of $25.00 for each regular monthly Coucil meeting attended by the Mayor and Councilmen, but in no event shall the total sum paid as salary to the Mayor or any Councilman exceed the sum of $50.00 per month." AMENDMENT NO, 3: To amend Section 1, Article III of the present City Charter of the City of Euless, Texas, so that upon the adoption thereof at the aforesaid special election, it shall read and provide as follows: "Section 1. General Elections. The regular City Election shall be held annually on the second Saturday in April, at which time officers will be elected to fill those offices which become vacant that year. The City Council shall fix the hours and place for holding such elections." AMENDMENT NO. 4: To amend Section 5, Article III of the present City Charter of the City of Euless, Texas, so that upon the adoption thereof at the aforesaid special election, it shall read and provide as follows: "Section 5. Conducting and Canvassina Elections. 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 quali- fications of the candidates and declare the official results of the election as provided by this Charter, the Election Code and applicable Statutes of the State of Texas. Returns of every municipal election shall be recorded in the minutes of the Council. Any candidate for office in any duly held municipal election receiving a majority of all the votes cast for the office for which he is a candidate shall be elected to such office. In the event any candidate for either of said offices fails to receive a majority of all votes cast for all the candi- dates for such office at• such election the Mayor shall, on the first day following the completion of the official count of the ballots cast at said first election, issue a call for a second election to be held in said city on a .date not exceeding fifteen (15) days following the issuance of such call, at which said second election the two (2) candidates receiving the highest number of votes for any such office in the first election at which no one was elected at said first election by receiving a majority of all votes cast for all candidates for such office, shall again be voted for. The official ballot to be' used at said second election shall be prepared by the City Secretary and the name of no person.,shall appear thereon unless he was a candidate for the office designated at said first election, and the two (2) persons receiving at said first election the first and second highest number of votes cast for candidates for such office at such first election shall be entitled to have their names printed on said official ballot in the order of their standing in the computation of the votes cast for such candidates at said first election as candidates at said second election for such office; provided, however, that in the event any person who -was a candidate at said first election and who shall be entitled to become a candidate at such second election shall fail to request that his name shall appear on the official ballot therefor at such second election as herein provided, the candidate for such office standing next highest in the com- putation of votes shall succeed to the rights of such candidate who failed to request that his name appear upon the ballot at said second election; provided further, that two (2) candidates for such office at said first election shall be entitled to become candidates therefor at said second election, which two (2) candidates shall be those two (2) among such candidates as shall stand highest respectively in the computation of all votes cast for all the candidates for such office at said first election as shall file written request to be placed on the official ballot as candidates for such office at said second election. In the event of a tie in the vote for the two (2) leading candidates for any office at said first election, said office shall be filled at a second election as herein provided for, at which such candidates so tied in said first election may again become candidates. In the event such candidates who tied in said first election, or either of them, shall fail so to do, the two (2) candidates for such office who are next highest in the computation of votes therefor and who desire to . become candidates therefor at said second election shall be entitled so to do in order of the number of votes they respectively received at said first election. In the event of a tie betwOCn t;:e two (2) candidates for any office at said second elections, tr:ev shall cast lots to determine who shall be elected to such ofi.ice." P-M T,N)-) Nf ENT NO, 5 To amend Section 1, Article X of the present City Charter of the City of Euless, Texas, so that upon the adoption thereof at the aforesai:; -4- special election, it shall read and provide as follows: "Section 1. The Plannin(� and Zoning Commission. There shall be established a Planning & Zoning Commission which shall consist of seven (7) citizens fror;i the City of Euless who own real property within said City. The members of said Commission shall be appointed by the City Council for a term of two years. Three (3) members of the Planning & Zoning Commission shall be so appointed each odd numbered year and four (4) members shall be so a; - pointed each even numbered year. The Commission shall elect a chairman from among its membership and shall meet not less than once each month. Three (3) members shall constitute a quorum. Members of the Commission may be removed by the Mayor with the consent of the Council after public hearing and for cause set forth in writing. The Commission shall keep minutes of its proceedings which shall be of public record. The Commission shall serve without compensation." AMENDMENT NO. 6: To amend Section 6, Article Xli of the present City Charter of the City of Euless, Texas, so that upon the adoption thereof at the aforesaid special election; it shall read and provide as follows: "Section 6. Notice of Claim. The City of Euless shall not be held responsible on account of any claim for damages to any person or property unless the person making such complaint or claiming such damages shall, within thirty (30) days after the time at which it is claimed such damages were inflicted upon such person or property, file with the City Secretary, a true written statement under oath, as to the nature and character of such damages or injuries, the extent of same, and the place where same happened, the circumstances under which same happened, the conditions causing same, with a detailed statement of each item of damages and the amount thereof, and if it be for personal injuries, giving a list of the witnesses, if any ;mown to affiants, who witnessed such accident." -5- n:ViEND\iiENT NO. 7: To amend Article XII entitled "General Provisions" of the Charter of the City of Euless, Texas, by adding thereto Section 19, so that upon the adoption thereof at the aforesaid special election, shall read and Provide as follows: " Section 19. Exemption from Anneal Bond.. It shall not be necessary in any action, suit or proceeding in which the City of Euless is a party, for any bond, undertaking or security to be executed by or on behalf of the said City, buy all such actions, suits, appeals or proceedings shall be con- ducted in the same manner as if such bond, undertaking or security has been given and said City shall.be liable as if such obligation had been duly given and executed." II . For the purpose of said election the entire City of Euless is constituted one voting precinct. The polling place for said election shall be the Euless City Hall located at 201 Ector Drive in said City and said election shall be held between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.rn III . The following persons are hereby appointed to act as election officials and clerks: Mrs. .Edison Cromer Mrs. Eunice Anderson Mr. W. W. Cromer Mrs, Billy Ownes Election ud e Assn. Election ;,edge Clerk , clerk Clerk Clerk -6- IV. The said election shall be 'held in accordance with the Constizution and laws of the State of Texas and all duly qualified resident electors of the City of Euless, Tarrant County, Texas, shall be qualified to ooze. V. Voting by absentee ballot shall commence on the twentieth day and shall continue through the fourth day preceding the day of said election, that is, the absentee balloting shall begin on January 29, 1969, and shall close at 5:00 o'clock p.m. February 14, 1969, at the office of the City Secretary at the Euless City Hall, 201 Ector Drive in said City. VI. The City Secretary shall have printed a sufficient number of paper ballots containing the following propositions: "OFFICIAL, BALLOT AMENDMENT NO. 1 Should Section 1, ArticleiI of the Euless City Charter be amended to provide that Councilmen be elected by the places -at -large system? Answer: Yes No AMENDMENT NO. 2 Should Section 1 of Articleii of the Euless City Charter be -'o 0, de treat the City of Euless shall pay to the Mayor and eaci: City Councilman a salary of $25.00 for each regular Council meeting azzendec �oy suc':i .iayor and City Councilmen provided that such salary paid zo said: :✓ayor and Councilmen shall not exceed the sum of $50.00 each Answer: Yes No -7- AMENDM*ENT NO. 3 Should Section 1, Article III of the Euless City Charter be arncndcc to provide that regular City elections shall be held annually on the second Sazurday in April? Answer: Yes No AMENDMENT NO. 4 Should Section 5, Article III of the Euless City Charter be Ur; .need to provide for the election of the !Mayor and City Councilmen by rciajority vote ? Answer: Yes No AMENDMENT NO. 5 Should Section 1, Article X of the Euless City Charter be provido that the Planning and Zoning Commission be increased from -ivc :.. rarJars co seven members ? Answer: Yes No AMENDMEl\TT NO. 6 Should Section 6 of Article XII of the Euless City Charter be amended to provide for written notice of claim against the City for damages ? Answer: Yes No AMENDMENT' NO. 7 Should Article XII of the Euless City Charter be amended by the Gddil-ion of Section 19 thereto which shall exempt the City of Euless z'ac Iequirement of posting bonds in action suits, appeals or procccdings vihercin the City 'is a party to a legal proceeding? Answer: Yes No -8- n Voting on the election date, February 18, 1969, shall be conducted by the use of voting machines as provided by Article 7.14 et seq, of the Texas Election Code. The City Secretary shall obtain a sufficiont numebC:r cf vctir.g machines from the Commissioners Court and County Clerk 'of 'iarrarnt County, Texas. The machines shall be examined, prepared, operated and the voting conducted. pursuant to the provisions of the Texas Election Code pertaining to voting machines. The ballot box containingthe absentee ballots and the voting rr.achines shall be delivered and preserved pursuant to the provisions of the Texas Electior, Code and all election returns, records and supplies shall be presorved by the City Secretary in her offices as by law provided. The City Council s:.all meet to canvass the results of said election and delcare the official resuuts ',he-eoi promptly upon receipt of the election returns. The canvass of the rc,.ur..s and declaration of the results by the City Council shall take place on t:-> 18th day of February, 1969, as soon as practical after the polls have closed, :he . ballots counted and the returns certified by the election judge. V1S . The notice of the election hereby ordered and called shall be e.ivon by publication of the Amendments on the same day of two successive WC17-k's :i a newspaper of general circulation published within the City of tha c;Gte of the first publication to be not less than fourteen (14) ds:ys p_ to. the election date set herein. Notice of the election hereby ordered and called shall be poster: u ,three public places in the City of Euless, two of which public place:; a::s='_ -9 - ...e Euless City Hall and the Euless Post Office, such posting 'co :De :rada not less than twenty (20) days prior to the date set herein for suc:, election. VIII . Should any section, provision, word, phrase, or clause of this Ordinance or the application thereof to any person, or circumstances be hold invalid, unconstitutional or ineffective, the remainder of the O_dinance and the application of such provisions to other persons or circumstances shall not be affected thereby. IX. lh& fact that the Citizens Charter Committee has made ii.s re:DOrt and :-ecommendations to the City Council and t'ne further fact that it is c e inte:,t and desire of the Euless City Council to submit the proposed Charter "irendments to the citizens of Euless prior to the regular election to be in April, 1969, creates an urgency and an emergency requiring that -this Ordinance be passed with one reading so as to permit due notice and publication as required by the Election Code of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING on the 14tr. day of January, 1969, at a regular meeting of the City Council of the City of Euless, Texas. ;'si Vada Ferri s City ;-'ecretary APPROVED: /s/ W. G. Fuller. _10_ C E R T I F I C 'A T E THE STATE OF TEXAS COUNTY OF TARRANT CITY OF EULESS I, the undersigned, City Secretary of the City of Euless, Texas, do hereby certify that the attached and foregoing is a true and correct copy of a Resolution and Order adopted by the City Council of the said City at a meeting held on the 18th day of February , 1969, which Resolution and Order is of record in the official minutes of said City Council, Volume 9 , Page 9. GIVEN UNDER MY HAND AND THE OFFICIAL SEAL OF THE CITY OF EULESS, TEXAS, this the 18th day of - February , 1969. City' -Secretary of Euless, Texas RESOLUTION NO. 228A RESOLUTION AND ORDER CANVASSING RETURNS AND DECLARING RESULTS OF A SPECIAL ELECTION HELD IN THE CITY OF EULESS, TEXAS, ON FEBRUARY 18, 1969, FOR THE ADOPTION OR REJECTION OF PRO- POSED AMENDMENTS TO THE EULESS CITY CHARTER. WHEREAS, there was held in the City of Euless, Texas, on the 18th day of February, 1969, an election at which there was submitted to the duly qualified resident electors of the City of Euless, Texas, for their action and vote therefor seven pro- posed amendments to the Euless City Charter, and WHEREAS, there were cast at said election a total of 113 votes on the seven proposed amendments as set forth in City of Euless Ordinance No. 348, a copy of which is attached hereto and incorporated herein more fully describing the said seven proposed amendments to the Euless City Charter, and WHEREAS, only duly qualified resident electors of said City of Euless, Texas, voted at said election, and said election was called and held in strict conformity with the laws of the State of Texas. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: Section 1. That the election described in the preamble to this Resolution and Order was duly called and notice thereof given in accordance with the laws that said election was held in the manner required by law; that only duly qualified resident electors of the City of Euless, Texas,.voted at said election; that due returns of said election have been made by the proper officers that votes cast at said election on the proposed amendments were as follows: PROPOSED AMENDMENT NO. FOR AGAINST 1 89 23 2 52 61 3 89 21 4 95 17 5 76 35 6 89 24 7 70 43 that proposed amendments Nos. 1, 3, 4, 5, 6 and 7 were therefore approved by the voters of the City of Euless, Texas, and proposed Amendment No. 2 was rejected. Section 2. That the City Council of the City of Euless, Texas, hereby officially declares that proposed Amendments Nos. 1, 3, 4, 5, 6 and 7 have been properly and lawfully adopted in accordance with the provisions of Article 1170, R.C.S. of the State of Texas and are therefore an integral part of the Euless City Charter. Section 3. That proposed Amendment No. 2 was rejected by the voters of the City of Euless, Texas, and is therefore not in- corporated into the Euless City Charter. Section 4. That no Charter amendment election has been held by the City of Euless, Texas, for a period of two (2) years prior to this special election of February 18, 1969. Section 5. That the City Secretary is hereby authorized and directed to transmit to the Secretary of State of the State of -2- Texas by United States Certified Mail a certified copy of this Resolution and Order canvassing the returns of the special elec- tion held on February 18, 1969, with a copy of Euless City Ordinance No. 348 attached thereto under the official seal of the City of Euless, Texas, showing the approval of proposed Amendments Nos. 1, 3, 4, 5, 6 and 7. PASSED and APPROVED this the 18th day of February , 1969. ATTEST: /s/ Vada Ferris City Secretary I. /s/ W. G. Fuller -3- ORDINANCE NO. AN ORDINANCE CALLING A SPECIAL ELECTION TO BE HELD ON FEBRUARY 18, 1969, IN THE CITY OF EULESS, TEXAS, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF EULESS, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER, DESIGNATING THE OFFICIAL POLLING PLACES AND APPOINTING ELECTION OFFICIALS, DEFINING QUALIFIED VOTERS, PRESCRIBING FORM OF BALLOTS, PROVIDING FOR NOTICE OF ELECTION, DECLARING AN EMERGENCY AND ENACTING PROVISIONS OTHERWISE INCIDENTAL TO SAID ELECTION. WHEREAS, the Euless City Council has heretofore appointed a Citizens Charter Committee for the purpose of evaluating and recommending amendments and changes to the Euless City Charter adopted on July 21,:.1962, WHEREAS, the said Citizens Charter Committee has now made its report to the Euless City Council and has recommended certain proposed amendments to the Euless City Charter for submission to the citizens of Euless, and WHEREAS, the Euless City Charter has not been amended or changed within the two years next preceding the proposed election date herein de- signated, and WHEREAS, the Euless City Council now deems it proper to submit said proposed amendments to the said City Charter to the qualified voters of the City fir adoption or rejection, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. That a special election be held in Euless, Texas, on February 18, 1969, at which election there shall be submitted to the qualified voters of said City for adoption or rejection the following proposed amendments to the existing Charter of the City of Euless: AMENDMENT NO. 1: To amend Section 1, Article II of the present City Charter of the City of Euless, Texas, so that upon the adoption thereof at the aforesaid special election, it shall read and provide as follows: "Section 1. Number, Selection; Term of Office, Expenses and Compensation. (a) The governing and law making body of the City of Euless shall consist of a Mayor and five' (5) Councilmen and said body shall be known as the 'City Council of the City of Euless'. The members of the City Council of the City of Euless shall be the only elective officials of the City and shall be elected from the City at large in the manner provided in Article III of this Charter for a term of two (2) years beginning on the date of such Council- men's election and each shall serve until their successors are duly elected and qualified. Each councilman shall be elected to and occupy a specific place on the Council, such places being numbered 1, 2, 3, 4 and 5, respectively. The two present Councilmen who we're elected in April, 1967, shall be Councilmen places 2 and 4 in alphabetical order of their surnames. The three present Councilmen who were elected in April, 1968, shall be Councilmen places 1, 3 and 5 in alphabetical order of their surnames. The Mayor and Councilmen places 2 and 4 shall be elected by popular majority vote of the citizens of Euless in odd numbered years, and Councilmen places 1, 3 and 5 shall be so elected in even numbered years. Said Mayor and Councilmen shall be reimbursed for any lawful expenditures made in behalf of the City or expenses incurred in the performance of their official duties, when approved by the Council." AMENDMENT NO. 2: To amend Section 1, Article II of the present City Charter of the City -2- of Euless, Texas, by the addition of sub -paragraph (b) as follows: "(b) The Mayor and Councilmen shall each be paid by the City of Euless the sum of $25.00 for each regular monthly Coucil meeting attended by the Mayor and Councilmen, but in no event shall the total sum paid as salary to the Mayor or any Councilman exceed the sum of $50.00 per month." AMENDMENT NO. 3: To amend Section 1, Article III of the present City Charter of the City of Euless, Texas, so that upon the adoption thereof at the aforesaid special election,• it shall read and provide as follows: "Section 1. General Elections. The regular City Election shall be held annually on the second Saturday in April, at which time officers will be elected to fill those offices which become vacant that year. The City Council shall fix the hours and place for holding such elections." AMENDMENT NO. 4: To amend Section 5, Article III of the present City Charter of the City of Euless, Texas, so that upon the adoption thereof at the aforesaid special election, it shall read and provide as follows: "Section 5. Conducting and Canvassing Elections. 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 quali- fications of the candidates and declare the official results of the election as provided by this Charter, the Election Code and applicable Statutes of the State of Texas. Returns of every municipal election shall be recorded in the minutes of the Council. Any candidate for office in any duly held municipal election receiving a majority of all the votes cast for the office for which he is a candidate shall be elected to such office. In the event any candidate for either of said offices fails to receive a majority of all votes cast for all the candi- dates for such office at such election the Mayor shall, on the first day following the completion of the official count of the ballots cast at said first election, issue a call for a second election to be held in said city on a .date not exceeding fifteen (15) days following the issuance of such call, at which said second election the two (2) candidates receiving the highest number of votes for any such office in the first election at which no one was elected at said first election by receiving a majority of all votes cast for all candidates for such office, shall again be voted for. The official ballot to be used at said second election shall be prepared by the City Secretary and the name of no personi�shall appear thereon unless he was a candidate for the office designated at said first election, and the two (2) persons receiving at said first election the first and second highest number of votes cast for candidates for such office at such first election shall be entitled to have their names printed on said official ballot in the order of their standing in the computation of the votes cast for such candidates at said first election as candidates at said second election for such office; provided, however, -that in the event any person who was a candidate at said first election and who shall be entitled to become a candidate at such second election shall fail to request that his name shall appear on the official ballot therefor at such second election as herein provided, the candidate for such office standing next highest in the com- putation of votes shall succeed to the rights of such candidate who failed to request that his name appear upon the ballot at said second election; provided further, that two (2) candidates for such office at said first election shall be entitled to become candidates therefor at said second election, which two (2) candidates shall be those two (2) among such candidates as shall stand highest respectively in the computation of all votes cast for all the candidates for such office at said first election as shall file written request to be placed on the official ballot as candidates for such office at said second election. In the event of a tie in the vote for the two (2) leading candidates for any office at said first election, said office shall be filled at a second election as herein provided for, at which such candidates so tied in said first election may again become candidates. In the event such candidates who tied in said first election, or either of them, shall fail so to do, the two (2) candidates for such office who are next highest in the computation of votes therefor and who desire to become candidates therefor at said second election shall be entitled so to do in order of the number of votes they respectively received at said first election. In the event of a tie between the two (2) candidates for any office at said second election, they shall cast lots to determine who shall be elected to such office." AMENDMENT NO.5: To amend Section 1, Article X of the present City Charter of the City of Euless, Texas, so that upon the adoption thereof at the aforesaid -4- special election, it shall read and provide as follows: "Section 1. The Planninq and Zoning Commission. There shall be established a Planning & Zoning Commission which shall consist of seven (7) citizens from the City of Euless who own real property within said City. The members of said Commission shall be appointed by the City Council for a term of two years. Three (3) members of the Planning & Zoning Commission shall be so appointed each odd numbered year and four (4) members shall beso ap- pointed each even numbered year. The Commission shall elect a chairman from among its membership and shall meet not less than once each month. Three (3) members shall constitute a quorum. Members of the Commission may be removed by the Mayor with the consent of the Council after public hearing and for cause set forth in writing. The Commission shall keep minutes of its proceedings which shall be of public record. The Commission shall serve without compensation." AMENDMENT NO. 6: To amend Section 6, Article XII of the present City Charter of the City of Euless, Texas, so that upon the adoption thereof at the aforesaid special election, it shall read and provide as follows: "Section 6. Notice of Claim. The City of Euless shall not be held responsible on account of any claim for damages to any person or property unless the . person making such complaint or claiming such damages shall, within thirty (30) days after the time at which it is claimed such damages were inflicted upon such person or property, file with the City Secretary, a true written statement under oath, as to the nature and character of such damages or injuries, the extent of same, and the place where same happened, the circumstances under which same happened, the conditions causing same, with a detailed statement of each item of damages and the amount thereof, and if it be for personal injuries, giving a list of the witnesses, if any known to affiants, who witnessed such accident." -5- AMENDMENT NO. 7: To amend Article XII entitled "General Provisions" of the Charter of the City of Euless, Texas, by adding thereto Section 19, so that upon the adoption thereof at the aforesaid special election, shall read and provide as follows: " Section 19. Exemption from Appeal Bond. It shall not be necessary in any action, suit or proceeding in which the City of Euless is a party, for any bond, undertaking or security to be executed by or on behalf of the said City, but all such actions, suits, appeals or proceedings shall be con- ducted in the same manner as if such bond, undertaking or security has been given and said City shall be liable as if such obligation had been duly given and executed." II. For the purpose of said election the entire City of Euless is hereby constituted one voting precinct. The polling place for said election shall be the Euless City Hall located at 201 Ector Drive in said City and said election shall be held between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. III . The following persons are hereby appointed to act as election officials and clerks: . Mrs. .Ed i son Cromer Election judge Mrs. Eunice Anderson Asst. Election judge Mr. W. W. Cromer Clerk Mrs. Billy Ownes Clerk Clerk Clerk -6- IV. The said election shall be held in accordance with the Constitution and laws of the State of Texas and all duly qualified resident electors of. the City of Euless, Tarrant County, Texas, shall be qualified to vote. V. Voting by absentee ballot shall commence on the twentieth day and shall continue through the fourth day preceding the day of said election, that is, the absentee balloting shall begin on January 29, 1969, and shall close at 5:00 o'clock p.m. February 14, 1969, at the office of the City Secretary at the Euless City Hall, 201 Ector Drive in said City. VI. The City Secretary shall have printed a sufficient number of paper ballots containing the following propositions: "OFFICIAL BALLOT AMENDMENT NO. 1 Should Section 1, Article II of the Euless City Charter be amended to provide that Councilmen be elected by the places -at -large system? Answer: Yes No AMENDMENT NO. 2 Should Section 1 of Article II of the Euless City Charter be amended to. provide that the City of Euless shall pay to the Mayor and each City Councilman a salary of $25.00 for each regular Council meeting attended by such Mayor and City Councilmen provided that such salary paid to the said Mayor and Councilmen shall not exceed the sum of $50.00 each month? ., Answer: Yes No -7- AMENDMENT NO. 3 Should Section 1, Article III of the Euless City Charter be amended to provide that regular City elections .shall be held annually on the second Saturday in April? Answer: Yes No AMENDMENT NO. 4 Should $ection 5, Article III of the Euless City Charter be amended to provide for the election of the Mayor and City Councilmen. by majority vote ? Answer: Yes No AMENDMENT NO. 5 Should Section 1, Article X of the Euless City Charter be amended to provide that the Planning and Zoning Commission be increased from five members tc seven members? Answer: Yes No AMENDMENT NO. 6 Should Section 6 of Article XII of the Euless City Charter be amended to provide for written notice of claim against the City for damages ? Answer: Yes No AMENDMENT NO. 7 Should Article XII of the Euless City Charter be amended by the addition of Section 19 thereto which shall exempt the City of Euless from the requirement of posting bonds in action suits, appeals or proceedings wherein the City 'is a party to a legal proceeding? Answer: Yes No 0 Voting on the election date, February 18, 1969, shall be conducted by the use of voting machines as provided by Article 7. 14 et seq. of the Texas Election Code. The City Secretary shall obtain a sufficient number of voting machines from the Commissioners Court and County Clerk'of Tarrant County, Texas. The machines shall be examined, prepared, operated and the voting conducted. pursuant to the provisions of the Texas Election Code pertaining to voting machines. The ballot box containingthe absentee ballots and the voting machines shall be delivered and preserved pursuant to the provisions of the Texas Election Code and all election returns, records and supplies shall be preserved by the City Secretary in her offices as by law provided. The City Council shall meet to canvass the results of said election and delcare the official results thereof promptly upon receipt of the election returns. The canvass of the returns and declaration of the results by the City Council shall take place on the 18th day of February, 1969, as soon as practical after the polls have closed, the ballots counted and the returns certified by the election judge. VII. The notice of the election hereby ordered and called shall be given by publication of the Amendments on the same day of two successive weeks in a newspaper of general circulation published within the City of Euless, the date of the first publication to be not less than fourteen (14) days prior to.the election date set herein. Notice of the election hereby ordered and called shall be posted at three public places in the City of Euless, two of which public places shall -9 - be the Euless City Hall and the Euless Post Office, such posting to be made not less than twenty (20) days prior to the date set herein for such election. VIII . Should any section, provision, word, phrase, or clause of this Ordinance or the application thereof to any person, or circumstances be held invalid, unconstitutional or ineffective, the remainder of the Ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. o The fact that the Citizens Charter Committee has made its report and recommendations to the City Council and the further fact that it is the intent and desire of the Euless City Council to submit the proposed Charter Amendments to the citizens of Euless prior to the regular election to be held in April, 1969, creates an urgency and an emergency requiring that this Ordinance be passed with one reading so as to permit due notice and publication as required by the Election Code of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING on the loth day of January, 1969, at a regular meeting of the City Council of the City of Euless, Texas. ATTEST: /s/ Vada Ferris City Secretary APPROVED: /s/ W. G. Fuller -10- ✓Secure Election Officials Publish Notice of Election Post Notice of Elect ion - ,t/,> ', /, / Order Absentee Ballots Order Voting Machines Order Absentee Ballot Box and Stub Box v,Order Poll List Notify Stafford-Lowdon and order Election Supplies -Notify Warehouse concerning use & delivery of voting machines Post Distance Markers Authorize stripping of voting machines Return keys to voting machines Return Poll Lists Hirst day for absentee ba l 1 ott i ng Final day for absentee ballotting ems,.