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Home My WebLink About1166 02-14-1995ORDINANCE NO. 1166 AN ORDINANCE CALLING A GENERAL ELECTION FOR CITY OFFICERS; AND CALLING A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE HOME RULE CHARTER OF THE CITY; DESIGNATING THE DATE OF SAID ELECTION; DESIGNATING POLLING PLACES; DESIGNATING EARLY VOTING HOURS AND PLACES; DIRECTING POSTING AND PUBLICATION OF NOTICES FOR SAID ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the Election Code of the State of Texas, and the Euless City Charter, it is provided that there shall be held in each municipality in the State of Texas on one of four uniform election dates, a general election forthe purpose of electing officials of said municipality; 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, April 19, 1975, and November 5, 1991, 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 May 6, 1995; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 The City Council of the City of Euless, Texas, at a regular meeting held this date, does hereby order an election of officers for the City of Euless, Texas, to be held on the first Saturday in May, that being May 6, 1995, for the purpose of electing one Council Member for Place One, and one Council Member for Place Three, who shall each serve for a period of three years or until their successors have been duly qualified. The effective date of taking such office shall be as soon as the returns are canvassed and declared. The candidate receiving a majority of the votes cast for City Council Member Place One and the candidate receiving a majority of the votes cast for City Council Member Place Three, shall be declared elected to such offices. SECTION 2 Applications for candidacy to the offices of City Council Member Place One and City Council Member Place Three, shall be made to the City Secretary of the City of Euless not sooner than 8:00 a.m., February 20, 1995, and not later than 5:00 p.m., March 22, 1995, in manner and form as prescribed by law, and the Charter and Ordinances of the City of Euless, Texas. SECTION 3 The names of eligible and qualified candidates for such office shall be placed on the ballots for such election by the City Secretary at the time and in the manner prescribed by law, and the Charter and Ordinances of the City of Euless. SECTION 4 Any runoff election required for the election of members of the City Council of the City of Euless, Texas, following the regular election of May 6, 1995, shall be held on Saturday, June 3, 1995. SECTION 5 That a special election shall be held concurrent with the aforesaid general election in Euless, Texas, on May 6, 1995, 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 IV of the City of Euless Charter shall be amended to provide that the minimum number of signatures required on a petition for initiative, referendum or recall shall be equal in number to three percent (3 %) of the number of registered voters who resided in the City of Euless at the time of the last regular municipal election of the City of Euless. FOR the Proposition AGAINST the Proposition PROPOSITION NO. 2 Article XI, Section 3 of the City of Euless Charter, pertaining to the publication of ordinances granting, amending, renewing or extending franchises for public utilities, shall be amended to conform the provisions thereof to State law. FOR the Proposition ORDINANCE NO. 1166, PAGE 2 OF 5 AGAINST the Proposition PROPOSITION NO. 3 Article III, Section 3 of the City of Euless Charter shall be amended to make the residency language of the candidate's application consistent with the qualifications for public office set forth in Article II, Section 2 of the Charter, by clarifying that a candidate must have been a resident of the City of Euless for at least one year preceding the date of election. FOR the Proposition AGAINST the Proposition PROPOSITION NO. 4 Article II of the City of Euless Charter shall be amended to correct grammatical errors therein. FOR the Proposition AGAINST the Proposition SECTION 6 That a copy of the actual Charter provisions, amended as proposed, shall remain on file in the City Secretary's Office until the date of the election, and shall be open to public inspection and copying during normal business hours. SECTION 7 The ballot propositions in the special election shall be voted upon independently. A proposition shall be approved if it receives a majority of the votes cast upon that particular proposition. SECTION S That said elections 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. For the purpose of said elections, the entire City is hereby constituted into two voting precincts. Voting on election day, May 6, 1995, shall be conducted at 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 elections shall be held between the hours of 7:00 a.m. and 7:00 p.m. on the aforementioned date. ORDINANCE NO. 1166, PAGE 3 OF 5 SECTION 9 Early voting for the above designated elections shall be conducted at the City of Euless Midway Recreation Center, 300 W. Midway Drive, Euless, Texas, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, beginning on April 17, 1995, and ending on May 2, 1995, and on Saturday, April 22, from 9:00 a.m. to 5:00 p.m. The early voting clerk for said elections shall be the City Secretary, and applications for a ballot to be voted by mail shall be addressed to the Office of the City Secretary, 201 North Ector Drive, Euless, Texas, 76039, to be received no later than April 28, 1995. SECTION 10 Voting machines used for the conduct of the elections, 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. SECTION 11 The notice of the elections 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 elections hereby ordered and called shall be posted on the bulletin board used for posting notices of the meetings of the city council in the City of Euless, such posting to be made not later than the 21st day prior to the date set herein for such election. SECTION 12 The results of the elections shall be certified, canvassed, and returned in the form and manner prescribed by the laws of the State of Texas and the Charter and Ordinances of the City of Euless. SECTION 13 Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. ORDINANCE NO. 1166, PAGE 4 OF 5 SECTION 14 Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED FOR FIRST AND FINAL READING AND APPROVED at a regular meeting of the Euless City Council on the 14th day of February, 1995, by a vote of 7 ayes, o nays, and o abstentions. APPROVED: �ZVL' M y ib Saleh, Mayor ATTEST: r an Crim CMC, City Secretary APP D AS TO FORM: ORDINANCE NO. 1166, PAGE 5 OF 5