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HomeMy WebLinkAboutOrd 414-2008 November 4, 2008 Charter Amendments Adoption.pdfCITY OF ANNA ORDINANCE NO. 414-2008 AN ORDINANCE DECLARING THE ADOpnON OF AMENDMENTS TO THE CITY OF ANNA HOME-RULE CHARTER AS APPROVED BY THE RESIDENT, QUALIFIED VOTERS IN THE SPECIAL ELECTION HELD ON NOVEMBER 4, 2008 AND DECLARING AN IMMEDIATE EFFECnVE DATE FOR SAID AMENDMENTS WHEREAS, the City Council of the City of Anna, Texas called a special election in Ordinance No. 398-2008 to consider certain Charter amendment propositions; and, WHEREAS, the City Council has reviewed and investigated all matters pertaining to this election, including the ordering, notices, election officers, holding, and returns thereof; and, WHEREAS, there were submitted to all resident, qualified electors of the City for their action thereupon, the following propositions for amendment to the City of Anna Home· Rule Charter: Proposition 1 Shall the City of Anna, Texas Homa.Rule Charter be amended to establish threa.year terms for City Council members and the Mayor and to provide for term, election and vacancy provisions required by the Texas Constitution for threa.year terms? Proposition 2 Shall the City of Anna, Texas Homa.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? Proposition 3 Shall the City of Anna, Texas Homa.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? Proposition 4 Shall the City of Anna, Texas Homa.Rule Charter be amended so that the Mayor shall count toward a quorum of Council Members required for the City Council to transact business? Old. 414-2008 Charter Amendments November 4,2008 Special EIection.doc 1 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? 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? WHEREAS, from the certified returns, the City Council hereby finds that as to said propositions the following votes were cast in the election by voters who were resident, qualified electors of the City: Proposition 1 FOR 1525 AGAINST 475 Proposition 2 FOR 1249 AGAINST 762 Proposition 3 FOR 1445 AGAINST 474 Proposition 4 FOR 1350 AGAINST 604 Proposition 5 FOR 1474 AGAINST 479 Proposition 6 FOR 1214 AGAINST 689 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. Ord. 414-2008 Charter Amendments November 4, 2008 Special EIectiOn.doc 2 11-10-08 SECTION 2. The City Council of the City officially finds, determines, and declares that the election was duly and properly ordered, that proper legal notice of such election was duly given in the English language and the Spanish language, that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified electors of the City were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the City Council of the City has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America and the ordinance calling the election. SECTION 3. A majority of the resident, qualified electors of the City of Anna, Texas, voting in the election, have voted FOR the adoption of Charter Amendment Propositions One, Two, Three, Four, Five and Six and it is hereby ordered and declared by the City Council that said propositions have been approved by the voters. SECTION 4. The Charter propositions approved by the voters are effective as of the adoption by this City Council of this Ordinance. SECTION 5. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this ordinance are hereby repealed to the extent of such conflict, and the provisions of this ordinance shall be and remain controlling as to the matters resolved herein. SEC"nON 6. This ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 8. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. On:!. 414-2008 Charter Amendments November 4, 2008 Special Election.doc 3 11-10-08 PASSED, APPROVED, AND ADOP"rED on first and final reading on this 10th day of November, 2008. ATTESTED: APPROVED: Ort!. 414-2008 Charter Amendments November 4, 2008 Special Election.doc 4 11-1 ()..()8