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HomeMy WebLinkAbout00-3257ORDINANCE NO. 00-3257 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON AUGUST 12, 2000, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF PLAINVIEW, TEXAS, A PROPOSITION FOR THE AMENDMENT OF THE CITY CHARTER TERM LIMIT PROVISION; DESIGNATING POLLING PLACES; APPOINTING ELECTION OFFICIALS; SETTING HOURLY RATE FOR ELECTION OFFICIALS; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED TO THE SUBJECT. WHEREAS, the City Council of the City of Plainview, Texas (the "City"), has received a citizen petition for the amendment of the City Charter, which petition City Council finds to meet the requirements of law as to its form and the number of qualified voters who signed such petition; and WHEREAS, under Section 9.004(a), Texas Local Government Code, the City Council is authorized on its own motion and required upon citizen petition to submit proposed amendments to the City Charter to the qualified voters of the City; and WHEREAS, Section 41.001 (a), Texas Election Code, provides that political subdivisions, such as the City .may call and hold elections only on certain dates in the year; and WHEREAS, August 12, 2000, is the next date that an election to submit proposed amendments to the City Charter may be held under the provisions of the Texas Election Code; NOW, THEREFORE, the City of Plainview hereby ordains: SECTION 1. It is hereby ordered that a special election (the "Election") be held on the twelfth (12th) day of August, 2000, between the hours of seven o'clock a.m. and seven o'clock p.m. at which Election the following proposition for the proposed amendment to the Charter of the City of Plainview shall be submitted to City voters qualified under state and federal law for their action thereon. The proposed amendment is set forth below: Ordinance No. 00-3257 Page 1 of 8 CHARTER AMENDMENT No person shall hold the office of member of council for a period longer than two (2) consecutive four (4) year terms of council ("Eligible Service Period"), unless a period of at least one (1) four (4) year term of the council has intervened following each such Eligible Service Period without such person serving on the council. This shall not prohibit a person who has served two four-year terms as a council member from serving as mayor nor shall it prohibit a person who has served two four-year terms as mayor from serving as a council member, nor shall service of any term or terms of less than four years by election or appointment prohibit a person from serving two four- year terms as mayor and two four-year terms as a council member. Any mayor or council member voluntarily vacating office in the second term of the eligible service period prior to the expiration of that term shall be deemed to have served the eligible service period. SECTION 2. That said election shall be held in the designated district within the City and at the designated polling place within the district as designated below: CITY DISTRICT NO. 1 Voting Place: Ash Elementary 908 Ash Street Plainview, TX Polls open: 7:00 a.m. Polls close: 7:00 p.m. CITY DISTRICT NO. 2 Voting Place: Hillcrest Elementary 315 Southwest Alpine Plainview, TX Polls open: 7:00 a.m. Polls close: 7:00 p.m. CITY DISTRICT NO. 3 Voting Place: Ordinance No. 00-3257 Lakeside Elementary 1800 Joliet Plainview, TX Polls open: 7:00 a.m. Page 2 of 8 PollS close: 7:00 p.m CITY DISTRICT NO. 4 Voting Place: College Hill Elementary 707 Canyon Plainview, TX Polls open: 7:00 a.m Polls close: 7:00 p.m. CITY DISTRICT NO. 5 Voting Place: Edgemere Elementary 2601 West 20th Street Plainview, TX Polls open: 7:00 a.m. Polls close: 7:00 p.m. CITY DISTRICT NO. 6 Voting Place: Senior Citizens Center 1107 Smythe Plainview, TX Polls open: 7:00 a.m. Polls close: 7:00 p.m. CITY DISTRICT NO. 7 Voting Place: Coronado Junior High School 2501 Joliet Street Plainview, TX Polls open: 7:00 a.m. Polls close: 7:00 p.m. SECTION 3. The Election shall be held under the provisions of the Charter of the City of Plainview, Texas, the Constitution and laws of the State of Texas and United States, and of this Ordinance. Only voters of the City of Plainview, Texas, who are qualified under state and federal law shall be allowed to vote at the Election, and each voter shall vote at the polling place designated for the Election district in which such voter resides. SECTION 4. Ordinance No. 00-3257 Page 3 of 8 The City Secretary is hereby authorized and directed to prepare the ballots for the Election in accordance with the provisions of the Texas Election Code. On such ballots shall appear a proposition corresponding to the proposed charter amendment set forth above in Section 1 of this Ordinance and below, with provision on such ballots to vote "For" or "Against" on the proposition. PROPOSITION No person shall hold the office of member of council for a period longer than two (2) consecutive four (4) year terms of council ("Eligible Service Period"), unless a period of at least one (1) four (4) year term of the council has intervened following each such Eligible Service Period without such person serving on the council. This shall not prohibit a person who has served two four-year terms as a council member from serving as mayor nor shall it prohibit a person who has served two four-year terms as mayor from serving as a council member, nor shall service of any term or terms of less than four years by election or appointment prohibit a person from serving two four- year terms as mayor and two four-year terms as a council member. Any mayor or council member voluntarily vacating office in the second term of the eligible service period prior to the expiration of that term shall be deemed to have served the eligible service period. Election Officials. Said election shall be conducted by the following presiding judges who are hereby appointed to hold said election. District 1' Frankie Carter Frankie Carter is hereby appointed as the election official of District 1. Frankie Carter shall act as the presiding judge of District 1. District 2: Paul Drager Paul Drager is hereby appointed as the election official of District 2. Paul Drager shall act as the presiding judge of District 2. District 3: Irma Rosas Irma Rosas is hereby appointed as the election official of District 3. Irma Rosas shall act as the presiding judge of District 3. District 4: Sue Douglass Sue Douglass is hereby appointed as the election official of District 4. Sue Douglass shall act as the presiding judge of District 4. Ordinance No. 00-3257 Page 4 of 8 District 5: Brandon Brownlee Brandon Brownlee is hereby appointed as the election official of District 5. Brandon Brownlee shall act as the presiding judge of District 5. District 6: Gene Barton Gene Barton is hereby appointed as the election official of District 6. Gene Barton shall act as the presiding judge of District 6. District 7: Vickie Flores Vickie Flores is hereby appointed as the election official of District 7. Vickie Flores shall act as the Presiding judge of District 7. Deputy Early Voting Clerk: Waylon Fields WaYlon Fields is hereby appointed deputy early voting clerk. Early Voting Ballot Board Judge: David Wilder David Wilder is hereby appointed Early Voting Ballot Board Judge It is further provided that the maximum number of clerks which shall be appointed to serve in said election shall not be in excess of 3 person for each district. Hourly Rate for Election Officials. It is further provided that the hourly rate for Presiding Election Judges shall not exceed $6100 per hour, and the hourly rate for Clerks shall not exceed $6.00 per hour. SECTION 5. The voting at the Election shall utilize a paper ballot system approved pursuant to the provisions of the Texas Election Code. The manner of indicating the proposition set forth in Section 4 of this Ordinance (the Proposition) and the provisions for the indication by the voters for or against the proposed amendment to the City Charter shall be substantially as follows: Ordinance No. 00-3257 Page 5 of 8 1. Voting at the Election and early voting by persons in person. The proposition shall appear on the ballot label. Immediately opposite or below the proposition there shall appear the words "For" and "Against." A voter desiring to vote for the adoption of the amendment represented by a particular proposition shall make a mark on the paper ballot opposite the word "For," and a voter desiring to vote against the adoption of such amendment shall make a mark on the paper ballot opposite the word "Against." The Early Voting Clerk shall keep the early balloting station open for that period of time required by the Texas Election Code; and each Early Voting Clerk shall not permit anyone to vote early by personal appearance on any day or at any time when the station is not open to the public. 2. Early voting by mail Early voting by persons desiring to vote by mail shall be accomplished by the use of a paper ballot system. The Early Voting Clerk shall provide each voter with a paper ballot with instructions that provide as follows: A voter wishing to vote for the adoption of the amendment shall be instructed to make a mark on the ballot that corresponds to the space on the ballot that is marked by a voter voting "For" and a voter desiring to vote against the adoption of the amendment shall be instructed to make mark on the ballot that corresponds to the same space on the ballot that is provided by a voter voting "Against" for the early voting in person in the election. SECTION 6. The City Secretary is designated as the Chief Election Officer and Early Voting Clerk and to perform those functions for City voters qualified under state and federal law. The City Secretary is authorized to order any changes necessary to facilitate early voting by City voters who are qualified under state and federal law. Early Voting in person shall in a like manner utilize an approved voting system and shall be conducted at City Hall, 901 Broadway, Plainview, Texas 79072. SECTION 7. For the use ofthe those voters who are entitled by law to vote early by mail, the Early Voting Clerk shall receive applications for early voting ballots to be voted by mail in accordance with the Election Code. Applications for ballot by mail for the City of Plainview 2000 Special Election for City of Plainview, Hale County residents should be mailed to: City Secretary City of Plainview Ordinance No. 00-3257 Page 6 of 8 901 Broadway Plainview, Texas 79072 SECTION 8. In the event the City Secretary shall, from time to time, find that additional matters require designation or substitution prior to the Election, the City Secretary shall be authorized to make such substitutions or designations as may be necessary, giving such notice as she deems sufficient and to make such other provision for the orderly conduct of the Election as she may deem necessary. SECTION 9. In accordance with all applicable federal and state law, the City Secretary shall also provide Spanish translations of all ballots; and all other election materials shall be available and distributed equally in the Spanish as well as the English language. SECTION 10. This Ordinance shall constitute the election order for the Election. The City Secretary is hereby authorized and directed to cause a copy of this Ordinance and the ordinance approving City voting districts and polling places for City elections ordered for August 12, 2000, to be published on the same day in each of the two (2) successive weeks in a daily newspaper of general circulation in the City of Plainview, the first such publication to be made pursuant to § 9.004, Tex. Local Gov't. Code, before the fourteenth (14th) day before the Election~ The Mayor and City Secretary are authorized to give such other notice as may be required by law. Also, a copy hereof shall be officially filed in the office of the City Secretary, and pursuant to Sec. 4.003(b), Tex. Election Code, an additional copy of this ordinance and the ordinance approving voting districts and polling places shall be posted by the City Secretary not later than the twenty-first (21 st) day before the Election on the bulletin board used for posting notices of the meetings of the City Council. After publication, a copy of this notice, as published, shall be filed in the office of the City Secretary, together with the name of the newspaper in which it was published and a statement of the dates of publication. All publications directed to be made shall be published in English and in Spanish in accordance with applicable federal law. SECTION 11. If the submission of any portion of the amendment or proposition to the electorate is determined, found or held to be violative of any provision of any state or federal constitution, statute, law, code or regulation, then it is the intention of the City Council that all other portions of the amendment and related proposition are declared to be severable from the remainder of the amendment and related proposition to be submitted to the electorate. If any provision, sections, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid, or unenforceable, neither the remaining portions of this Ordinance nor their application to other persons or sets of circumstances shall not be affected thereby, it being the Ordinance No. 00-3257 Page 7 of 8 intent of the City Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, invalidity or unenforceability of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. SECTION 12. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall Annex of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this 27th day of June, 2000. Karen McBeth, City Secretary Approved as to Form and Content: Wally Hatch, City Attorney Ordinance No. 00-3257 Page 8 of 8