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HomeMy WebLinkAbout78-2197 ord78-2197 NOTICE OF ELECTION TO BE HELD ON ~ENDMENT TO THE CHARTER OF THE CITY OF PLAINVIEW Notice is hereby given of an election to be held to determine whether or not the Charter of the City of Plainview shall be amended, which said election shall be held on the next regular municipal election for the City of Plainview, same being April 1, 1978. The ordinance providing for the election and setting out the amendment to be voted upon and other pertinent information in regard thereto is as follows: Ordinance no. 78-2197 AN ORDINAA~CE ORDERING AN ELECTION IN THE CITY OF PLAINVIEW, TEXAS, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF PLAINVIEW, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENT TO THE EXISTING CHARTER OF THE CITY OF PLAINVIEW; ORDERING SAID ELECTION TO BE HELD AT THE SAME TIME THAT THE CITY OF PLAINVIEW HAS ITS NEXT REGULAR MUNICIPAL ELECTION, SAID DATE BEING APRIL 1, 1978; PROVIDING FOR PUBLICATION OF NOTICE OF THE ELECTION IN A NEWSPAPER OF GENERAL CIRCULATION TO BE PUBLISHED IN THE CITY OF PLAINVIEW ON THE SAME DAY IN EACH OF TWO SUCCESSIVE WEEKS, THE DATE OF THE FIRST PUBLICATION TO BE NOT LESS THAN FOURTEEN DAYS PRIOR TO THE DATE SET FOR SAID ELECTION; PROVIDING THE FORM OF SUCH NOTICE; PROVIDING FOR BALLOTS; DESIGNATING THE PLACE AT WHICH SAID ELECTION WILL BE HELD; AND APPOINTING PRE- SIDING OFFICIALS THEREOF: WHEREAS, the City Council of the City of Plainview, Texas, has appointed a City Charter Study Committee, which has functioned and which has r.ecOmmended that a certain amendment to the Charter of the City of Plainview be submitted; and The City Council of the City of Plainview, Texas, deems it proper to submit to the qualified woters of the City said pro- posed amendment to the present existing Charter of the City of Plainview, as hereinafter provided, at the next regular municipal election for the City of Plainview, to be held on April 1, 1978, at the place hereinafter designated; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: That at the next regular municipal election to be held for the City of Plainview, which said election will be held on April 1, 1978, there shall be submitted to the qualified voters of the City of Plainview, for adoption or rejection, the following prOposed amendment to the existing Charter of the City of Plainview: AMENDMENT NO. 1 That Section 202(4) of the Charter of the City of Plainview be amended to read as follows: "Section 202: (4) At every regular election and every special election called to fill one or more vacant elective offices, election to each office shall be by a majority of the votes cast for such office at such election. Where in any election for elective office, no candidate receives a majority of all the votes cast for such office at such election, the City Council shall im- mediately upon declaring the official results of the election, issue a call for a run-off election, for every place to which no one was elected. Such run-off election shall be held no later than thirty (30) days following the date of the preceding election, and in such run-off election the two candidates who receive in the preceding election the highest number of votes for each place to which no one was elected shall be voted on again and the candidates who receives the majority of the votes cast for such place in the run-off election shall be declared elected to such office. The Council shall on the next regular meeting date of said Council and in any event within five days after said run-off election~ canvass returns and declare the results of such election." SECTION 2: Said election to be held on said amendment shall be held at the s&me time that. the City has its next regular municipal election, which is April 1, 1978 and shall be held at the same voting places and shall be conducted by the same judges and at the same time, except that said judges shall arrange<.for the voting on the amendment to be conducted separately from the regular election procedure for the election of the City's officials which are to be elected at the same time. SECTION 3: That said election shall be held in each of the election precincts within the City and at the designated polling places within each precinct as provided by Ordinance of the City of Plainview. Ail territory located within the corporate limits of the City of Plainview, Texas is divided into two election precincts. One precinct (Precinct No. 1) consists of all of the following territory, to-wit: Ail of that part of Hale County (Texas) election Precincts Numbers Seven (7) and Eight (8), lying within the City Limits of the City of Plainview. Said Hale County (Texas) Precincts 7 and 8 being as follows: Precinct Seven (7) shall include all of the territory in the Dorporate limits of the City of Plainview lying North of a line beginning at the intersection of West 16th Street and Columbia Street; Thsnce West along West 16th Street to the intersection of West 16th Street and Smythe Street; Thence South along Smythe Street to the intersection of Smythe Street and West 14th Street; Thence West along West 14th Street to the corporate limits of the City of Plainview and including the ter- ritory within the corporate lilmits of the City of Plainview. Precinct Eight (8) shall include all of the territory in the corporate limits of the City of Plainview lying North of a line beginning at the intersection of West 10th Street and Austin Street; Thence South along Austin Street to the intersection of Austin Street and West 9th Street; Thence East along West 9th Street to the intersection of West 9th Street and Broadway Street; Thence North along Broadway Street to the South right- of-way of the Atchison, Topeka & Santa Fe Railway; Thence Northerly along said righ~-of-way to West 16th Street; Thence West along West 16th Street to the inter- section of Smythe Street and West 16th Street; Thence South along Smythe Street to the intersection of West 14th Street and Smythe Street; Thence West along West 14th Street to the West corporate limits of the City of Plainview; Thence South along the corporate limits of the City of Plainview to West 10th Street; Thence East along West 10th Street to the intersection of Austin Street and the place of beginning. The other precinct (Precinct No. 2) consists of all of the following territory, to-wit: Ail of that part of Hale County (Texas) election Precincts Numbers One (1), Six (6), and Ten (10), lying with the City Limits of the City of Plainview. Said Hale County (Texas) Precincts 1, 6 and 10 being as follows: Precinct One (1) shall include all the territory in the corporate limits of the City of Plainview lying East of a line beginning at the intersection of Broadway Street and the South line of the corporate limits of the City of Plainview; Thence North along Broadway Street to the right-of-way of the Panhandle & Santa Fe Railway; Thence in a Northwesterly direction along said right- of-way and following said right-of-way to the North line of the corporate limits of the City of Plainview. Precinct Six (6) shall include all the territory in the corporate limits of the City of Plainview lying South of West 10th Street and West of Quincy Street. Precinct Ten (10) shall include all the territory in the corporate limits of the City of Plainview lying East of Quincy Street; South of the South line of Election Precinct Eight (8) as described above and West of Broadway Street. The City Hall of the City of Plainview, 901 Broadway, Plainview, Texas, is hereby designated as the polling place within Precinct No. 1. The City of Plainview, Texas, Chamber of Commerce and Board of City Development Building, 710 West 5th Street, Plainview, Texas, is hereby designated as the polling place within Precinct No. 2. All qualified electors shall vote in the election precinct in which they reside. SECTION 4: Said election shall be conducted by the following who are hereby appointed to hold said election: 1. Raymond Akin 2. Avis Allen PRECINCT 1 Raymond Akin, Tom Baker, and Sara Crader are hereby appointed as the election officials of Precinct 1. Raymond Akin shall act as Presiding Judge of Precinct 1; Tom Baker is hereby appointed first alternate judge to act as Presiding Judge of Precinct 1 in the event that Raymond Akin is for any reason unable to serve as such Presiding Judge; and Sara Crader is hereby appointed second alternate judge to serve as Presiding Judge of Precinct 1 in the event that both Raymond Akin and Tom Baker are for any reason unable to serve as such Presiding Judge. The Presiding Judge of said precinct shall appoint not less than two clerks and as many additional clerks within the authorized limit as he deems necessary for proper conduct of the election. PRECINCT 2 Avis Allen, Betty Royal, and Herman Bell are hereby appointed as the election officials of Precinct 2. Avis Allen shall act as Presiding Judge of Precinct 2. Betty Royal is hereby appointed first alternate judge to act as Presiding Judge of Precinct 2 in the event that Avis Allen is for any reason unable to serve as such Presiding Judge; and Herman Bell is hereby appointed second alternate judge to act as Presiding Judge of Precinct 2 in the event that both A~is Allen and Betty Royal are for any reason unable to serve as such Presiding Judge. The Presiding Judge of said precinct shall appoint not less than two clerks and as many additional clerks within the authorized limit as he deems necessary for proper .conduct of the election. SECTION 5: It is further provided that the maximum nulmber of clerks which may be appointed to serve in said election shall not be in excess of seven (7) persons for each precinct. SECTION 6: Said election shall be held under and in accordance with the provisions of the Statutes of the State of Texas and the Charter of the City of Plainview, and all persons qualified to vote in said City under the Election Laws of the State of Texas shall be allowed to vote therein. Said election shall be held and the polls shall be open from 7:00 a.m. to 7:00 p.m., and all electors shall vote in the voting precinct in which said voter resides and the place provided for voting in said voting precinct, as provided in Ordinance No. 75-1759 of the City of Plainvi~w. SECTION 7: That said Amendment No. 1 shall be one (1) ballot, the form of which shall be substantially as follows: NO. 'NO. Charter Amendment Election City of Plainview, Texas April 1, 1978 Official Ballot Charter Amendment Election City of Plainview, Texas April 1, 1978 INSTRUCTION TO VOTER: Place an 'X' in the square beside the statement indicating the way you wish to vote. SECTION 8: That pursuant to Article 1170, Revised Civil Statutes of the States.of Texas, 1925, as amended, by Acts 1973, 63rd Legislature, Page 146, Chapter 77, Section 1 and as directed therein, notice of the election herein ordered shall be given by publication of this ordinance in some newspaper of general circulation published in the City of Plainview, on the same day in each of two successive weeks, the date of the first publication to be not less than fourteen (14) days prior to April 1, 1978, which is the date of the next regular municipal election for the City of Plainview, and at which election it is herein provided that there shall be an election upon the amendment to the Charter of the City of Plainview as provided in this ordinance. This ordinance shall be published and preceding said ordinance there shall be the following: NOTICE OF ELECTION TO BE HELD ON AMENDMENT TO THE CHARTER OF THE CITY OF PLAINVIEW Notice is hereby given of an election to be held to deter- mine whether or not the Charter of the City of Plainview shall be amended, which said election will be held at the next regular municipal election for the City of Plainview, same being April 1, 1978. Do you vote to amend the present City Charter of the City of Plainview by the adoption of an amendment thereto as follows: AMENDMENT NO. 1 That the City Charter of the City of Plainview be amended by providing that a run-off election for every place to which no one was elected shall be held no later than thirty (30) days following the preceding election by amending Section 202(4), which said section shall read as follows: "Section 202: (4) At every regular election and every special election called to fill one or more vacant elective offices, election to each office shall be by a majority of the votes cast for such oflfice at such election. Where in any election for elective office, no candidate receives a majority of all of the votes cast for such office at such election, t]~e City Council shall i~ediately upon declaring the official results of the election, issue a call for a run-off election for every place to which no one was elected. Such run-off election shall be held no later then thirty (30) days following the date of the preceding election~ and in such run-off election the two candidates~who receive in the preceding election the highest number of votes for each place to which no one was elected shall be voted on again and the candidates who receives the majority of the votes cast for such place in the run-off election shall be declared elected to such office. The Council shall on the next regular meeting date of said Council and in any event within five days after said run-off election, canvass returns and declare the results of such election" YES: (For Amendment No. 1) NO: (Against Amendment No. 1) SECTION 9: The City Clerk is hereby directed to post the notice as hereinabove provided for in Section 8, at three (3) public places in each of the two election precincts in the City of Plainview, one of which shall be at the polling places in each precinct as provided for in Section 2 hereof. Said notices shall be posted at least thirty (30) days prior to the date of said election. SECTION 10: The City Clerk shall serve a duly certified copy of this ordinance ordering the election as herein provided for upon each of the two election officials who have been designated to ~hold the election. Such service shall be made by registered mail addreSsed to each official within twenty (20) days from the passage of this ordinance. 1978. PASSED AND APPROVED on this the ~~-~ay of February, ATTEST: M. L. REA, City Clerk ~/~: ROB~RT WAYLAN~/Mayor ~