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HomeMy WebLinkAbout348 01-14-1969ORDINANCE NO. 348 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, PRESCRIB- ING 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, 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 designated, 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 for 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: ITEM V Council Minutes January 14, 1969 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 were 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 sur- names. 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 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 Council 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: ITEM V Council Minutes January 14, 1969 "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 N0. 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, investi- gate the qualifications 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 candidates 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; ITEM V Council Minutes January 14, 1969 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 computation 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 pro- vided 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 N0. 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 special election, it shall read and provide as follows: "Section 1. The Planning and Zoning Commission. There shall be established a Planning & Zoning Commission which shall consist of a minimum 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 be so appointed each even numbered year. The Commission shall elect a chair- man from among its membership and shall meet not less than once each month. Three (3) members shall constitute a quorum. ITEM V Council Minutes January 14, 1969 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 N0. 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 were 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." AMENDMENT N0. 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 proceed- ing 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 conducted in the same manner as if such bond, under- taking or security has been given and said City shall be liable as if such obligation had been duly given and executed." ITEM V Council Minutes January 14, 1969 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. The following persons are hereby appointed to act as election officials and clerks: Mrs. Reba Cromer Election Judge Mrs. Joyce Owens Assistant Election Judge Mrs. Eunice Anderson Clerk Mr. Webb Cromer Clerk 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: ITEM V Council Minutes January 14, 1969 "OFFICIAL BALLOT AMENDMENT N0. 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 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 N0. 4 Should Section 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 N0. 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 to a minimum of seven members? Answer: Yes No ITEM V Council Minutes January 14, 1969 AMENDMENT N0. 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 N0. 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 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 per- taining to voting machines. The ballot box containing the 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 declare 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. ITEM V Council Minutes January 14, 1969 The notice of by publication of the in a newspaper of gern the date of the first prior to the election Notice of the M" the election hereby ordered and called shall be given Amendments on the same day of two successive weeks oral circulation published within the City of Euless, publication to be not less than fourteen (14) days date set herein. 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. 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 cir- cumstances shall not be affected thereby. I X. 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 ITEM V Council Minutes January 14, 1969 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 14th day of January, 1969, at a regular meeting of the City Council of the City of Euless, Texas. ATTEST: City Secretary APPRO AS TO M: C� C i t�,Attorney APPROVED: F MAYOR ITEM V Council Minutes January 14, 1969