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HomeMy WebLinkAboutItem 12 - Charter Amendment Election EII\A # I MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: FEBRUARY 5, 2013 SUBJECT: CALLING CHARTER AMENDMENT ELECTION BY PETITION TO AMEND ARTICLE 3.01(e) RELATIVE TO TERM LIMITS RECOMMENDATION: City Secretary recommends the City Council adopt a resolution calling a special election as a result of the verified Charter Amendment Petition relating to term limits for the Mayor and City Council Members for Saturday, May 11, 2013 in compliance with the Texas Election Code and the Local Government Code, and designating the polling place. BACKGROUND- On September 17, 2012, Kathleen Thompson and Aram Azadpour submitted to the City Secretary's Office a Charter Amendment Petition to amend Article 3.01(e) relative to term limits for Mayor and City Council Members. The verified petition contained 1,499 valid signatures and was accepted by the City Council at the October 16, 2012 meeting. The petition requests a proposition be placed on the ballot to consider amending the Charter to read, "Each person duly elected to the position of Mayor or Council Member shaII be allowed to hold any one position for a limit of three (3) consecutive, full three- year terms per position." This provision shall apply to all elections held subsequent to the adoption of the Charter Amendment. The Charter Amendment Election will be conducted jointly with the 2013 City Officers Election on May 11th at the Grapevine Community Activities Center (CAC), 1175 Municipal Way. The CAC will be the election day site, as well as the early voting by personal appearance site. Early voting and election day voting will be conducted in compliance with the Texas Election Code relative to the 2002 Help America Vote Act (HAVA). The Act provides voting privacy for individuals with disabilities by utilizing the Direct Recording Electronic System (DRE). In order to comply with the HAVA Act, a contract with Tarrant County Elections Administration will be presented at a later date for the utilization of the DRE voting machines and for the County to conduct the election. jcb January 30,2013(10:54AM) EII\A # I RESOLUTION NO. Char+,eir Awtm4,Atev;Itl A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, CALLING AN ELECTION TO BE HELD ON MAY 11, 2013, REGARDING PROPOSED CHARTER AMENDMENTS; DETERMINING THE POLLING PLACE; PROVIDING SPECIFIC INSTRUCTIONS FOR THE CONDUCTING OF SAID ELECTION; REPEALING INCONSISTENT RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas has received a Petition seeking an amendment to the City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That an election is hereby called for Saturday, May 11, 2013, to consider the following: "Should the Grapevine Charter be amended to state: 'Each person duly elected to the position of Mayor or Council Member shall be allowed to hold any one position for a limit of three (3) consecutive, full three-year terms per position.' This provision shall apply to all elections subsequent tot adoption oft i arter Amendment. For Against" Section 2. All eligible City of Grapevine voters shall cast their ballots at the Grapevine Community Activities Center, 1175 Municipal Way, between the hours of 7.00 a.m. and 7:00 p.m. on election day. Section 3. The Election shall be conducted under the jurisdiction oft Tarrant County Elections Department (the "Elections Administrator") pursuant to an Election Services Contract (the "Contract") by and among the Tarrant County Elections Department, the City and other participating entities, if any, described in the Contract. The Mayor or the Mayor's designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrator. Section 4. All early voting shall be con u u n iin accordance with the applicable provisions oft State of Texas Election Code. The Elections Administrator is hereby appointed as Early Voting Clerk fort Election and shall determine the early voting place and hours, however, such locations may be changed if so directed by the Elections Administrator without further action of the City Council. The Elections Administrator is her authorized and directed to make such changes in EIII # I locations as may be necessary for the proper conduct of the Election. The Elections Administrator and/or Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Section 5. The Elections Administrator shall provide and furnish all necessary supplies and personnel to conduct said election. Said supplies and personnel shall be furnished at the expense of the General Fund of the City of Grapevine, Texas. Early voting will be conducted on Direct Recording Electronic (DRE) System and election day voting will be on the Digital Scan System accompanied by DRE for disabled and provisional voters. Section 6. The City Secretary is hereby instructed to publish notice of said election on the same day in each of two successive we in a newspaper of general circulation not more than 30 days before the election and not less than 14 days before the election. Section 7. This resolution shall repeal every prior resolution in conflict herewith, but only insofar as the portion of such resolution shall be in conflict, and as to all other sections of resolutions not in direct conflict herewith, this resolution shall be and is hereby made cumulative. Section 8. The Mayor shall issue all necessary orders, writs and notices for said election and the returns of said election shall be made to the City Secretary after the close of the polls and the completion of the counting of the ballots. Section 9. That this resolution shall be effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of February, 2013. APPROVED: ATTEST: RES. NO. 2 APPROVED AS TO RES. NO. 3