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HomeMy WebLinkAbout1989-O-11 - City ElectionORDINANCE NO. 1989-11 AN ORDANINANCE PROVIDING THAT THERE SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY OF STEPHENVILLE AT ELEC- TION TO BE HELD ON THE 12th DAY OF AUGUST 1989. THE MATTER OF AMENDING THE CHARTER OF THE CITY OF STEPHENVILLE BY AN AMENDMENT TO THE PRESENT CHARTER OF THE CITY OF STE- PHENVILLE PROVIDING FOR RECALL OF ANY ELECTED OFFICIAL OF STEPHENVILLE AND ANY CITY ATTORNEYS BY RECALL ELECTION AF- TER PETITION THEREFORE ADDRESSED TO THE CITY COUNCIL OF STEPHENVILLE IN CONFORMITY WITH THE LAWS OF THE STATE OF TEXAS AND ALSO THE MATTER OF AMENDING THE CHARTER OF THE CITY OF STEPHENVILLE TO PROVIDE (a) THERE SHALL BE NO INCREASE IN THE EFFECTIVE TAX RATE OF MORE THAN THREE PER CENT (3%) IN ANY YEAR UNLESS THE MAYOR AND ALL ELECTED COUNCIL MEMBERS UNANIMOUSLY VOTE TO APPROVE SUCH INCREASE AND (b) THE MAYOR AND COUNCIL SHALL NOT RAISE THE EFFEC- TIVE TAX RATE BY MORE THAN EIGHT PER CENT (8%) IN ANY YEAR WITHOUT FIRST SUBMITTING SUCH AN INCREASE TO THE VOTERS FOR THEIR DIRECT APPROVAL AT A REFERENDUM ELECTION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STE- PHENVILLE: SECTION 1. That an election be held on the 12th day of Aug- ust, 1989 at which election the following propositions shall be submitted: PROPOSITION NUMBER 1 ''Shall the City Charter of the City of Stephenville be amended by adding to Article II thereof the following provision: Section 5 --Reservation of Right of Recall by Citizens of. Elected Officials and City Attorneys (a) Scope Of Right of Recall --Any city official, elected by the people, and any city attorney, shall be subject to recall and removal from office by the qualified voters of the city. (b) Petition For Recall --Before the question of recall of such officer shall be submitted to the qualified voters of the city, a petition demanding such question shall first be filed with the city secretary. The petition shall be signed by regis- tered voters of the city equal in number to at least twenty-five (25) percent of the number of votes cast at the last regular muni- cipal election of the city, but in no event less than four hundred such petitioners. Each signer of such recall petition shall per- sonally sign their name thereto, and shall write after their name their place of residence, giving name of street and number, or place of residence, and shall also write thereon the day, the month, and year their signature was affixed. (c) Form Of Recall Petition-- The recall petition must be addressed to the City Council of Stephenville, Texas, and must state the ground or grounds upon which such petition for removal is based. (d) Verification Of Signatures-- Immediately upon presenta- tion of a recall petition to the city secretary, the petition shall be checked against the most recent list of registered voters of the cityand such check shall employ a fair and reasonable me- thod to determine whether the signers are qualified to sign the recall petition. Signers of the petition need not sign their name exactly as printed on the voter registration list. (e) Presentation of Petition To Council And Hearing To Be Held-- Within five (5) days after the date of the filing of the papers constituting the recall petition, the city secretary shall present such petition to the city council. The officer whose removal is sought may, within five (5) days after such re- moval petition has been presented to the city council, request that a public hearing be held to permit the officer to present facts pertinent to the charges in the recall petition. In this event, the city council shall order such a public hearing to be held, not less than five (5) days or more than fifteen days after receiving such a request for a public hearing. (f) Election To Be Called-- If the officer whose removal is sought does not resign, an election shall be called by the city council not less than twenty-five days nor more than thirty-five days from the date such petition was presented to the city coun- cil, or from the date of the public hearing if one is held. (g) Ballots In Recall Election-- Ballots used at :recall_ elections shall conform to the following requirements: (1) With respect to each person whose removal is sought, the question shall be submitted: 'Shall (name of per- son) be removed from the office of (name of office) by recall? (2) Immediately below each such question there shall be printed the two following propositions, one above the other, in the order indicated: 'For the recall of (name of person) ' 'Against the recall of (name of person) ' In voting said ballot the same voting procedure shall be followed as prescribed by the State of Texas. (h) Results Of Recall Election-- If a majority of the votes cast at a rcall election shall be against the recall of the person named on the ballot, the officer shall continue in office for the remainder of their unexpired term, subject to recall as before. If a majority of the votes cast at such an election be for the recall of the person named on the ballot, that person shall be deemed re- moved from office and the vacancy shall be filled as other vacan- cies in the city council are filled. (i) Recall, Restrictions Thereon-- No recall petition shall be filed against any- elected officer of the city within six (6) months after their election, or within six (6) months after an election for such officer's recall. PROPOSITION NUMBER 2 "SHALL the City Charter of the City of Stephenville be amen- ded by adding to article IX thereof the following provision: There shall be no increase in the effective tax rate of more than three percent (3%) in any year unless the Mayor and all elected council members unanimously vote to approve such an increase. PROPOSITION NUMBER 3 "SHALL the City Charter of the City of Sterphenville be amended by adding to Article IX thereof the following provi- sion: The mayor and council shall not raise the effective tax rate by more than eight percent (8%) in any year without first submitting such an increase to the voters for their direct approval at a referendum election. SECTION 2. The foregoing charter amendments shall be submitted to the qualified voters of the City of Stephenville at city election to be held in the City of Stephenville on the 12th of August, 1989 and notice of such election which shall include substantial copy MUTUAL COVENANT WAI V-I NG SUIT' If the election is duly called on such charter amend- ments and if one or both of said proposed ameidements are re- jected by a majority of the qualified voters at the August �- 1989 election relators agree to accE- t such vote and waive any subsequent legal challenge to said election, except for fraud. If one or both of the proposals for charter amendments are adopted by a majority of the qualified voters at the Au- gust j Z- , 1989 election, Respondent agrees to promptly adopt said charter amendments that pass and to waive any sub- sequent legal challenge to said propositions, except for fraud, including failure on the part of the city to comply with any notice requirements and further covenant that no city funds shall be authorized by the Mayor and council in any contest of any such favorable determination by the voters of the City of Stephenville. All parties hereto agree that at the sa:.te time that the results of the above described election are certified by Re- spondent, that Respondent will also certify to the results of the Charter Amendment Election held o.i May 61 1989j, thereby validating and certifying both of said elections. EXECUTED this the 21st day of June, 1989, APPROVED: F' LED FOR RECORD AT 0'C L0C; K_r___ M RANDY T HOMAS , 2 1989 r JUN Attorney fo Respondent uui� .� COUNTY TEX. DISTRICT COURT, EHATH of the proposed amendments shall be given by publication on the same day in each of two successive weeks, the first publication to be not less than fourteen (14) days prior to the election date in a newspaper of general circulation published in the City of Stephenville. Said election shall be held at the Recreation Hall in the City Park in the City of Stephenville and shall be held under the provisions of the Laws of the State of Texas, and all persons quali.f i;ed .to -vote - in.__said City under the Laws of this state shall be permitted to vote. Absen- tee voting shall be conducted at the office of the City Secretary under normal working hours in the City Hall at 354 North Belknap, Stephenville, Texas, from July 20th 1989 to August 4th, 1989, and the hours for absentee voting shall be from 8:30 a.m. to 5:00 p.m. SECTION 3. The ballots for said election shall be prepared in sufficient number and in conformity with the Laws of the State of Texas so as to permit electors to vote "FOR" or "AGAINST" the above charter amendment propositions which shall appear on the official ballot in substantially the same form as hereonabove set out. SECTION 4. All voters desiring to vote for the adoption of each respective proposed amendment shall check on their ballot with regard to said amendment, if they desire to have same adopted, the word "FOR"and those opposed shall check the word "AGAINST" if they desire to have the same rejected. PASSED and APPROVED this 21st day of June, 1989. aeoo"`_ Mayor ATTEST: City Secretary No. 88-07-18757-CV No. 89-04-19126-CV SIGNERS OF PETITIONS, X IN THE pISTRICT COURT X VS* X X OF ERATH COUNTY , TEXAS X CITY OF STEPHENVILLE; The X Honorable Larry Hammett, X Mayor, et al, X 266TH JUDICIAL DISTRICT AGREEMENT OF PARTIES TO THE HONORABLE COURT: NOW COME the following undersigned parties to the above numbered matters and other interested part ie;s , and submit to this Court the following agreement,:oncerning the above -styled and numbered causes of action ;1 AGREEMENT FOR ELECTION AND NON -SUIT The Respondent hereby agrees to forthwith call an elec- tion as required by law on the two charter amendment peti- tions at issue in Cause No. 89-04-1912 6-CV. , The relators , and other interested parties, agree, that if. such an elec- tion is called and conducted as required by law, regardless of the outcome, to immediately thereafter f i ..e a Motion for Non -Suit, with prejudice to refiling of same on both of the above numbered causes of action pending befo-:e this Court; which includes their suit for writ of mandamus on the peti- tion requesting a city rollback election; said causes of ac- tion both being filed in the District Court of Erath County, Texas and having Cause Nos. 88-07-•18757-CV and 89-04-19126-CV. A. CHANDLERj, OSE /A01tterney for Respondent ERIC SAMUELSON Attorney for Relators THE CITY OF STEPHENVILLE ATTEST: OY-0 PEMBERTONv Secretary -GEOSWELRINGEN Velqa y o r Coun-cil Member:' Council Member I A Council Member Council Member LATORSO -Ti�-L)kft)Aiv L AA • kS� ARTHUR YARBROUU4 z, ncil Mej..,ber u, ,Coouncil Me-,,.-ber Council Meitber Council ME-mber THE STATE OF TEXAS X X COUNTY OF ERATH X On this the 21st day of June, 1989,' personally appeared the above -named parties, known by me to be the persons whose names are subscribed to the above and foregoing AGreement , and after being duly sworn, testified that each has read the above and foregoing Agreement and both unde�stand and agree to its terms. SUBSCRIBED AND SWORN TO BEFORE ME this the 21st day of June, 1989. w�NOT RY/ PUE3 IC in and for Erath Cour may, T e x a s