HomeMy WebLinkAboutOrd 398-2008 Ordering a Special Election to be Held on November 4, 2008CITY OF ANNA, TEXAS
ORDINANCE NO. 391-go OJ
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ORDERING A SPECIAL
ELECTION FOR THE NOVEMBER 4, 2008 UNIFORM ELECTION DATE TO:
(1) FILL THE UNEXPIRED TERM OF ONE CITY COUNCIL MEMBER
POSITION, CITY COUNCIL PLACE 6; (2) PROPOSE TO VOTERS
AMENDMENTS TO THE CITY OF ANNA, TEXAS HOME-RULE CHARTER;
AND (3) ESTABLISH THE PROCEDURE FOR THE SPECIAL ELECTION AND
RELATED MATTERS; PROVIDING FOR SAVINGS, SEVERABILITY, AND
REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF
WHEREAS, the City Council of the City of Anna, Texas ("City Council"), a home
rule municipality has found that there is one vacancy on the City Council, and the
City of Anna, Texas Home-Rule Charter ("Charter") allows a special election to
be ordered to fill such vacancy; and
WHEREAS, the City Council believes that three-year term limits for Council
Members will allow adequate time for Council Members to learn City Council
procedures, achieve goals associated with serving the Council Members'
constituents, and provide more stability to the City Council as a body; and
WHEREAS, the City Council finds that the Mayor's position as a voting member
of the City Council is a significant factor in conducting City business at City
Council meetings, but that the Charter currently prevents counting the Mayor as
a member for City Council meeting quorum-determination purposes; and
WHEREAS, the City Council finds that from time to time it is difficult or
impossible to establish a quorum to conduct the City's business at City Council
meetings and that the Charter should be amended so that the Mayor's presence
at a City Council meeting should be counted towards the determination of a
quorum; and
WHEREAS, the City Council recognizes that without business to conduct,
meetings for the Planning &Zoning Commission are not productive and do not
require Commissioners' time; and
WHEREAS, the City Council has determined that the Planning &Zoning
Commission should be able to determine that during any particular time period a
meeting should not be scheduled or a scheduled meeting should be cancelled;
and
WHEREAS, a three-fourths vote by the City Council to overcome a Planning &
Zoning Commission decision or recommendation is more than is necessary and
CITY OF ANNA, TEXAS ORDINANCE NO. "" ....2.0 Of PAGE 1 OF8
that the City Council should be able to vote by a simple majority to overrule such
decision or recommendation; and
WHEREAS, the City Council recognizes that in the event of a disaster that
results in deaths or injuries making it impossible for the City Council to form a
quorum, a member of the Planning &Zoning Commission should be included
amongst those persons that appoint a commission to act in the event of such a
disaster and call a special election; and
WHEREAS, the City Council believes that City Council Members currently
serving in office should be encouraged to participate in public service through
elective public office by running for positions other than their current office to the
extent allowed by the Texas Constitution; and
WHEREAS, November 4, 2008 is the next uniform election date; and
WHEREAS, the City Council desires that proposed Charter amendments
concerning the above-referenced findings be submitted to the voters as separate
propositions; and
WHEREAS, the Texas Election Code, the Texas Local Gov't Code, and the
Charter are applicable to said election and this ordinance establishes procedures
consistent with said laws, and designates the polling place for the election; and
WHEREAS, the City has made provision to contract with Collin County to
conduct the City's election, pursuant to Chapter 31, Tex. Election Code, and
Chapter 791, Tex. Gov't Code, and such contract provides for political
subdivisions subject to the contract that hold elections on the same day in all or
part of the same territory to hold a joint election as authorized in Chapter 271,
Tex. Election Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS, THAT:
Section 1. In accordance with Texas Election Code §3.004, this ordinance
constitutes the City Council's ordering of a November 4, 2008 special election:
(1) to fill a vacancy and part of an unexpired two-year term for one City Council
member position, Place 6; and (2) to propose to voters amendments to the
Home-Rule Charter of Anna, Texas ("Charter"). Eligible voters include qualified
voters residing within the corporate limits of the City of Anna, Texas ("City").
Section 2. In accordance with Article 11, Section 11.06 of the Charter, and in
the proposed-amendment format set forth in Part II, Article 1, Section 9(b) of the
City of Anna Code of Ordinances ("Anna Code") the following amendment is
CITY OF ANNA, TEXAS ORDINANCE NO. 3"'"~oa' PAGE20F8
proposed to Section 3.01, Section 3.05{d), Section 3.05{e), and Section 5.04{a)
of the Charter:
SECTION 3.01 Composition
(a) The City Council includes a MMayor" and six "Council Members-elected under the Place
System, with there being Places 1, 2, 3, 4, 5 and 6. The Mayor and each Council Member
are elected at large, and unless sooner removed under the provisions of this Charter,
selVe for a term of tINe no longer than three years, and until their successor has been
elected and duly qualified. All of the City Council holding office at the time of passage of
this Charter or any amendments to this Charter may continue to hold their respective
office until the respective term for which they were elected expires.
(b) Terms of the Council Members are staggered so that every third year there will be no
regular election of Council Members. SQ that every year there i6 aR eleGtieR mr three
plaGes. The staggering of terms will be initiated as follows:
(1) iR the May 200S eleGtieR, \teters will eleGt CeuRal MeMbers fer PIaGe6 2,4, aREI
8, eash mr f:\w year teFFRB; .
(2) iR the May 200S eleGtieR, \'aters ",viII eleet a CeuAGii MeMber mr Plaoe 3 mr a
eRe year teFFR;
(3) iA the May 200+ eleetieR, yaters wAil eleGt the Mayer aAEI CeuRal MeMbers mr
PIaee& 1, 3, aAd 5, eaGh mrtwe yearteFFR8; aRd
(4) all swbae"ueRt regwlar City CowAsil el_leAs will be mr \\','9 year teFFR8 .
.l1l in the May 2009 election. voters will elect Cguncjl Members for Places 1. 3. and
5. and the Mayor gch for three-year terms; and
W in the May 2010 election. voters will elect the Council Members for Places 2. 4.
and 6. eagh for three-year terms.
W all subsequent regular City Cguncil and Mayoral elections will be for three-year
~
SECTION 3.05 Vacancies, Forfeiture and Filling of Vacancies
(d) If for any reason a Single vacancy or multiDl! Vacancies exists on the City Council, a
Majerity ef the reMaiRiRg MeMbers, iAGlydiRg the Mayer, FRay fill the \ ... 88RGY by
appeiRtFReRt YRIeaa aA eleGtieA te fill the ¥&GaRey i6 the vacancy must be filled by
majority vote of the qualified voters at a special election called for such purpose within
120 days after such vacancex gccurs as required by Article XI, Section 11, of the Texas
Constitution. The appointee must meet the qualifications referenced in Section 3.02 of
this Charter. The person appeiRteEI elected to fill the vacancy selVes until the next regular
municipal election for that Place on the City Council. At the eptiaA ef the City CewRGiI, a
apeeial eleetieA FRay be erdered to eleGt a perwR to fill a va;aAey, iA lieY ef appeiRtiAg a
p&FSQA to fill a vaeaRey eA the City CeYAal. If the position of Mayor becomes vacant,
then the City Council must -as soon as is practicable after a Mayor is elected or
appeiAteEl to fill the vacancy -elect the positions of Mayor Pro-Tern and Deputy Mayor
Pro-Tern.
CITY OF ANN~TEXAS ORDINANCE NO. 3Q,..,jOO' PAGE30F8
(e, If Me er meFe \{ae8RGies eR the City CeuRGiI elEist at the same time, a 8~aI elMeA
must be erG8f'88 te fill the \f8SaRGies.
SECTION 5.04 Official Results
(a) A candidate for elective office receiving a plurality majority of the votes cast is the winner.
If no candidate receives a majority of the votes, there shall be a runoff election conducted
in accordance with the Texas Election Code.
Section 2a. The proposed amendment set forth in Section 2 of this ordinance
shall be presented for "yes" or "no" vote in the following form:
Proposition 1
"Shall the City of Anna, Texas Home-Rule Charter be amended to establish three-year
terms for City Council members and the Mayor and to provide for term, election and
vacancy provisions required by the Texas Constitution for three-year terms?"
Section 3. In accordance with Article 11, Section 11.06 of the Charter, and in
the proposed~amendment format set forth in Part II, Article 1, Section 9(b) of the
City of Anna Code of Ordinances ("Anna Code") the following amendment is
proposed to Section 3.01 (c) of the Charter:
SECTION 3.01 Composition
(c) The City Council includes a MMayOr" and six ·Council Members" elected under the Place
System, with there being Places 1, 2, 3, 4, 5 and 6. The Mayor and each Council Member
are elected at large, and unless sooner removed under the provisions of this Charter,
serve for a term of two years, aAd umil their SUGGe6ser has DeeR eleGted aRd duly
qualifiea. All of the City Council holding office at the time of passage of this Charter or
any amendments to this Charter may continue to hold their respective office until the
respective term for which they were elected expires.
Section 3a. The proposed amendment set forth in Section 3 of this ordinance
shall be presented for "yes" or "no" vote in the following form:
Proposition 2
"Shall the City of Anna, Texas Home-Rule Charter be amended so that a City Council
member may not remain in office after his or her terms has expired, even if no successor
has been elected and duly qualified?"
Section 4. In accordance with Article 11, Section 11.06 of the Charter, and in
the proposed-amendment format set forth in Part II, Article 1, Section 9(b) of the
Anna Code, the following amendment is proposed to Section 5.02(c) of the
Charter:
SECTION 5.02 Filing for Office:
CITY OF ANNA, TEXAS ORDINANCE NO. Jq 1,lD'" PAGE40F8
(c) TRe etfise 9f !f an incumbent elected City official elected to serve a three-year term
ge9SmeS vaeaRt \fJReR the peF6SR t:lslEtiRg 8"'9R etfise shall announce their candidacy. or
shall in fact become a candidate. in any General. Special or Primary Election. for any
office of profit or trust under the laws of this State or the United States other than the
office then held. at any time when the unexpired term of the office then held shall exceed
one year. such announcement or such candidacy shall constitute an automatic
reSignation of the offICe then held. and the vacancy thereby created shall be filled under
this Charter in the same manner as other Vacancies for such office are filled. files aR
a~~lisatisR te Rave Ris sr Rer Rame ~laseEt SR aR etfi9ial ballet as a eaREtiEtate fer aRY
eleGtP..e ~",bIi9 etfise ether thaR the SRe S"'9R ~eF69R RsIEt8, "'Riess ether:wise ~F9RibiteEt
by-taw.
Section 48. The proposed amendment set forth in Section 4 of this ordinance
shall be presented for "yes" or "no" vote in the following form:
Proposition 3
"Shall the City of Anna, Texas Home-Rule Charter be amended so that, subject to
requirements of the Texas Constitution, the office of an incumbent City official does not
become vacant when the official files an application to have his or her name placed on an
official ballot as a candidate for any other elective public office?"
Section 5. In accordance with Article 11, Section 11.06 of the Charter, and in
the proposed-amendment format set forth in Part II, Article 1, Section 9(b) of the
Anna Code, the following amendment is proposed to Section 3.09(a) of the
Charter:
SECTION 3.09 Quorum
(_, There must be a quorum present for the City Council to take action or transact business.
Except as specifically provided by Section 3.10 or another Section of this Charter, four
Council Members Ret iR91",EtiRg the Mayer constitute a quorum for the purpose of
transaction of business. The Mayor shall be counted towards a Quorum. No action of the
City Council, except as specifically provided in this Charter, is valid or binding unless
adopted by the affirmative vote of a majority of the City Council present at a meeting and
having the authority to vote.
Section Sa. The proposed amendment set forth in Section 5 of this ordinance
shall be presented for "yes" or "no" vote in the following form:
CITY OF ANNA, TEXAS PAGE50F8
Proposition 4
"Shall the City of Anna, Texas Home-Rule Charter be amended so that the Mayor shall
count toward a quorum of Council Members required for the City Council to transact
business?"
Section 6. In accordance with Article 11, Section 11.06 of the Charter, and in
the proposed-amendment format set forth in Part II, Article 1, Section 9(b) of the
Anna Code, the following amendment is proposed to Section 9.01 (d) of the
Charter:
SECTION 9.01 Organization
(d) The Commission must meet at least once a month. If. however. there is no required
business before the Commission during a given month, then the Commission may cancel
or refrain from scheduling a meeting during that month. The Commission must keep
minutes of its proceedings which must be of public record. Minutes will be recorded by the
Commission Secretary. The Commission serves without compensation.
Section 6a. The proposed amendment set forth in Section 6 of this ordinance
shall be presented for "yes" or "no" vote in the following form:
Proposition 5
"Shall the City of Anna, Texas Home-Rule Charter be amended to allow the Planning &
Zoning Commission to cancel a meeting or refrain from scheduling a meeting during a
month when there is no required business before the Planning & Zoning Commission?"
Section 7. In accordance with Article 11, Section 11.06 of the Charter, and in
the proposed-amendment format set forth in Part II, Article 1, Section 9(b) of the
Anna Code, the following amendment is proposed to Section 9,04(c) of the
Charter:
SECTION 9.04 The Comprehensive Plan: Procedure and Legal Effect
(c) Following the adoption by the City Council of the Comprehensive Plan, and any revisions
thereto, it must serve as a guide to all future City Council action concerning land use and
development regulations and expenditures for capital improvements. Any proposal which
deviates from the Comprehensive Plan is not authorized until and unless the location and
extent of the deviation has been submitted to and approved by the Commission. In case
of denial, the Commission must communicate its reasons to the City Council, which has
the power to overrule such denial with a vote of three feyrths the majoritY of the CounCil
Members present, sr feyr 'J9te6, w*'tishwJer is greateF, and upon such overruling, the City
Council or the appropriate office, department or agency has authority to proceed.
Section 7a. The proposed amendment set forth in Section 7 of this ordinance
shall be presented for "yes" or "no" vote in the following form:
CITY OF ANNA, TEXAS ORDINANCE NO. 3Q'l-lo01 PAGE80F8
Proposition 6
"Shall the City of Anna, Texas Home-Rule Charter be amended so that decisions or
recommendations by the Planning & Zoning Commission to deny deviations from the
City's Comprehensive Plan may be overruled by the City Council by a simple majority
vote?"
Section 8. On November 4, 2008, the polling place will be open from 7 a.m. to
7 p.m. The polling place on Election Day is:
Anna City Hall Administration Building
111 N. Powell Parkway
Anna, Texas 75409
Section 9. The polling place for early voting by personal appearance is the
same as the polling place on Election Day. The dates for early voters to cast
ballots by personal appearance are as follows:
Wednesday October 22, 2008 8:00 a.m. to 5:00 p.m.
Thursday October 23, 2008 8:00 a.m. to 5:00 p.m.
Section 10. Sharon Rowe is designated as the early voting clerk. Qualified
voters may mail applications for an early voting mail-in ballot only from
September 5, 2008 until the close of business of October 28, 2008. Requests
for applications must be mailed to:
Sharon Rowe, CERA
Elections Administrator
2010 Redbud Blvd., Ste 102
McKinney, Texas 75069
Section 11. The City Secretary is ordered to do the following:
(1) Coordinate with the Collin County Elections Department, Sharon Rowe,
Elections Administrator, to hold the November 4, 2008 City of Anna
General Election. Paper ballots approved by the Texas Secretary of State
will be used on Election Day and for early voting; and,
CITY OF ANNA, TEXAS ORDINANCE NO. 3'~'aOot PAGE70F8
(2) Provide and publish notice of the elections ordered in this ordinance in
accordance with the Texas Election Code.
Section 12. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are
repealed to the extent of that conflict. If any section, subsection, sentence,
clause, or phrase of this ordinance, or its application to a particular set of persons
or circumstances, is declared invalid or adjudged unconstitutional by a court of
competent jurisdiction, it does not affect the remaining portions of this ordinance,
as the various portions and provisions of this ordinance are severable. The City
Council, declares that it would have passed each and every part of this ordinance
notwithstanding the omission of any part that is declared invalid or
unconstitutional.
Section 13. Publication of the Caption Hereof and Effective Date.
These changes to the Charter shall be in full force and effective from and after its
passage and upon the posting and/or publication, if required by law, of its caption
and the City Secretary is hereby directed to implement such posting and/or
publication.
PASSED, APPROVED, AND ADOPTED on first and final reading on this I Jtbt
day OfU",u.st ,20..QL.
ATTESTED: APPROVED:
CITY OF ANNA, TEXAS ORDINANCE NO. 3'"'9.008 PAGE 8 OF 8