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Home My WebLink About1053 08-27-1991ORDINANCE NO. 1053 AN ORDINANCE CALLING AN ELECTION TO BE HELD ON NOVEMBER 5, 1991, 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, AND PROVIDING GENERALLY FOR THE CONDUCT OF THE ELECTION. WHEREAS, the Euless City Council has determined that certain amendments and changes should be made to the Euless City Charter adopted on July 21, 1962, and amended on February 18, 1969, April 14, 1973, and April 19, 1975, and WHEREAS, the Euless City Charter has not been amended or changed within the two (2) years next preceding the proposed election date herein designated, and WHEREAS, the Euless City Council now deems it proper to submit said proposed amendments to the Euless City Charter to the qualified voters of the City of Euless for adoption or rejection at an election to be held on November 5, 1991; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. That a special election shall be held in Euless, Texas, on November 5, 1991, at which election there shall be submitted to the qualified voters of said City for adoption or rejection the following ballot propositions to amend the existing Charter of the City of Euless: Proposition No. 1 Article II of the City of Euless Charter shall be amended to reconstitute the city council to provide that it shall consist of six (6) council members and the mayor, that council places five (5) and six (6) shall be filled by regular city election in 1992, that the mayor shall be a voting member of the council in all matters, that five (5) members of the council, or four (4) members thereof and the mayor, shall constitute a quorum, that the affirmative votes of at least four (4) members of that quorum shall be needed to adopt any ordinance or resolution, that the terms of office of the mayor and council places two (2) and four (4) shall be three (3) years to be commenced by the regular city election in 1993, that the terms of office of council places one and three shall be three (3) years to be commenced by the regular city election in 1992, and that the terms of office of council places five and six shall be three (3) years to be commenced by the regular city election in 1994. FOR the Proposition AGAINST the Proposition ORDINANCE 1053, PAGE 1 OF Proposition No. 2 Article II of the City of Euless Charter shall be amended to authorize the Euless City Council to enact, by ordinance or resolution, exceptions to the requirement that contracts shall be signed by the Mayor of the City of Euless. FOR the Proposition AGAINST the Proposition Proposition No. 3 Article II of the City of Euless Charter shall be amended to permit the enactment of ordinances upon consideration and reading of the descriptive caption of such ordinance at a single open meeting of the council when approved by five (5) or more aye votes. FOR the Proposition AGAINST the Proposition Proposition No. 4 Article II, Section 2 and Article III, Section 3 of the City of Euless Charter shall be amended to require that candidates for election to the office of mayor or city council be registered voters. FOR the Proposition AGAINST the Proposition Proposition No. 5 Article VII and Article VIII of the City of Euless Charter shall be amended to provide that the City of Euless may invest any city monies in accordance with council adopted policy and state law. FOR the Proposition AGAINST the Proposition Proposition No. 6 Article X, Section 2 of the City of Euless Charter shall be amended to empower the City Council to delegate final authority over platting or subdividing land to the Planning and Zoning Commission by ordinance. FOR the Proposition AGAINST the Proposition ORDINANCE 1053, PAGE 2 OF 7 MOMMUM Article XII of the City of Euless Charter shall be amended to provide that a mayor or council member may, upon notice and hearing, with opportunity to respond, be removed from office by the unanimous vote of remaining council members for official misconduct or incompetency. FOR the Proposition AGAINST the Proposition ;, • • • . :3 Article XII of the City of Euless Charter shall be amended to provide that a mayor or council member removed from office for official misconduct or incompetency shall not be eligible for re— election to the same office for two years after the date of removal. FOR the Proposition AGAINST the Proposition 107sTiMe � Article XIII of the Euless City Charter shall be amended to change the name of the Parks and Recreation Board to the Parks and Leisure Services Board. FOR the Proposition AGAINST the Proposition I;N*Msl • i The City of Euless Charter shall be amended to make the language gender neutral, in conformity with the drafting guidelines of the Texas Legislative Council. FOR the Proposition AGAINST the Proposition ..• �• Il Article I of the City of Euless Charter shall be amended to conform the provisions thereof to state and federal law. FOR the Proposition AGAINST the Proposition ORDINANCE 1053, PAGE 3 OF 7 Proposition No. 12 Article II of the City of Euless Charter shall be amended to conform the provisions thereof to state and federal law. FOR the Proposition AGAINST the Proposition ]position No. 13 Article III of the City of Euless Charter shall be amended to conform the provisions thereof to state and federal law. FOR the Proposition AGAINST the Proposition Proposition No. 14 Article IV of the City of Euless Charter shall be amended to conform the provisions thereof to state and federal law. FOR the Proposition AGAINST the Proposition Article VI of the City of Euless Charter shall be amended to conform the provisions thereof to state and federal law. FOR the Proposition AGAINST the Proposition Article VII of the City of Euless Charter shall be amended to conform the provisions thereof to state and federal law. FOR the Proposition AGAINST the Proposition Proposition No. 17 Article IX of the City of Euless Charter shall be amended to conform the provisions thereof to state and federal law. FOR the Proposition AGAINST the Proposition ORDINANCE 1053, PAGE 4 OF 7 Proposition No. 18 Article X of the City of Euless Charter shall be amended to conform the provisions thereof to state and federal law. FOR the Proposition AGAINST the Proposition Proposition No. 19 Article XI of the City of Euless Charter shall be amended to conform the provisions thereof to state and federal law. FOR the Proposition AGAINST the Proposition Proposition No. 20 Article XII of the City of Euless Charter shall be amended to conform the provisions thereof to state and federal law. FOR the Proposition AGAINST the Proposition II. For the purpose of said election, the entire City is hereby constituted into two voting precincts. The polling places for said election shall be Bear Creek Elementary School, 401 Bear Creek Drive, Euless, Texas, 76039 and City of Euless Midway Park Recreation Center, 300 W. Midway Drive, Euless, Texas, 76039, and said election shall be held between the hours of 7:00 a.m. and 7:00 p.m. on the aforementioned date. III. The following persons are hereby appointed to act as election officials for the precincts specified: Joan Myers Presiding Election Judge for Bear Creek Elementary Polling Place Retta Roberson Alternate Presiding Election Judge for Bear Creek Polling Place Dorothy Wilkinson Presiding Election Judge for Midway Park Recreation Center Polling Place Della Ferris Alternate Presiding Election Judge for Midway Park Recreation Center Polling Place ORDINANCE 1053, PAGE 5 OF 7 The Presiding Election Judge for each precinct shall appoint not less than two nor more than five qualified election clerks to serve and assist in conducting said election; provided, that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall serve as one of the clerks. IPA 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. Early voting shall be conducted by personal appearance or by mail at the office of the City Secretary at the Euless City Hall, 201 Ector Drive, in the City of Euless, Texas. Voting by early voting ballot shall commence on the 20th day and shall continue through the 4th day preceeding the day of said election, being October 16, 1991, through November 1, 1991. The hours designated for early voting by personal appearance shall be from 8:00 a.m. to 5:00 p.m. on each day except Saturdays, Sundays and legal state holidays; and the early voting clerk shall keep said early voting place open during such hours for early voting by personal appearance. The early voting clerk for said election shall be the City Secretary. The City Secretary shall have printed a sufficient number of early voting ballots containing all ballot propositions. The Presiding Judges and Alternate Presiding Judges for both precincts shall serve as the Early Voting Ballot Board for such election. VI. If voting machines are used for the conduct of the election, same shall be procured, maintained, operated, scaled and the votes therefrom tabulated pursuant to procedures established and authorized by the laws of the State of Texas, and the Charter and Ordinances of the City of Euless. VII. The notice of the election hereby ordered and called shall be given by publication of the Propositions 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 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. ORDINANCE 1053, PAGE 6 OF The City Secretary shall deliver copies of this Ordinance to the Presiding Judges and Alternate Presiding Judges appointed not later than the twentieth day after the enactment of this Ordinance, which copies so delivered shall constitute notice to them of their appointments as provided by law. VIII. The text of the City of Euless Charter, containing all proposed revisions, shall be kept in the office of the City Secretary of the City of Euless, and copies of same shall be made available to any person upon request free of charge. The notices required in Paragraph VII. above shall state that the proposed text of the City of Euless Charter will be available to all interested persons at the office of the City Secretary of the City of Euless. IX. 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. PRESENTED FOR FIRST READING ON AUGUST 13, 1991, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, AND PRESENTED AND PASSED ON SECOND AND FINAL READING ON THE 27th DAY OF AUGUST, 1991, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS. APPROVED: Harold Samuels, Mayor ATTEST: Susan Crimj City Secretary AP1'R VED AS TO ORM• c Bob McFarland, City Attorney— ORDINANCE 1053, PAGE 7 OF 7