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HomeMy Public PortalAboutResolution No. 421-13 11-14-2013RESOLUTION NO. 421-13 AN ORDER CANVASSING THE RESULTS OF THE CITY OF RICHLAND HILLS SPECIAL ELECTION OF NOVEMBER 5, 2013 DECLARING THAT THE AMENDMENTS TO THE CHARTER ARE ADOPTED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills (the "City") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Richland Hills, Texas, ordered that a Special Election be held on November 5, 2013 in the City of Richland Hills, Texas for the purpose of amending the City Charter with nine (9) propositions; and WHEREAS, the returns of said special election, having been duly canvassed by the City Council, and each of the propositions having received the following votes to wit: Proposition No. 1 Shall the Richland Hills Home Rule Charter be amended to provide for three (3) year terms for the mayor and council members; to provide for a transition schedule from two year terms and provide that all references to "terms" of council members throughout the charter shall mean three year terms; to provide that the mayor and all members of the council be elected by a majority vote at an election held for that purpose; to require vacancies in three year terms be filled by election as required by the constitution or by appointment if the vacancy is for an unexpired term of less than twelve months and to revise procedures to fill vacancies in remaining two year terms; to clarify that qualifications for candidacy must be possessed on the date of election; to provide that other public offices may be held by council members if permitted by state law by revising Sections 5.01, 5.02, 5.08, 5.09? For 272 42.57% Against 367 57.43% The Proposition failed. Proposition No. 2 Shall the Richland Hills Home Rule Charter be amended to eliminate term limits for the mayor and council members by deleting Section 5.12? For 140 21.77% Against 503 78.23% The Proposition failed. Proposition No. 3 Shall the Richland Hills Home Rule Charter be amended to clarify that the city manager is the chief executive officer of the city; and by providing that the city secretary shall be appointed and removed by the city manager by deleting Section 6.02(4) and revising Section 6.06? For 313 48.83% Against 328 51.17% The Proposition failed. Proposition No. 4 Shall the Richland Hills Home Rule Charter be amended to comport with state law to provide that a municipal judge shall be appointed by the city council; to provide for procedures for removal of the judge; to delete residency requirements for the judge; to provide that the court clerk reports to the city manager; and to provide that the city attorney shall be appointed by the council by revising Sections 6.03, 6.07 and 6.08? For 336 52.91% Against 299 47.09% The Proposition was approved. Proposition No. 5 Shall the Richland Hills Home Rule Charter be amended by revising the procedure for authorizing contracts and providing that all purchases and contracts be let in accordance with state law by revising Section 9.03 and deleting Section 9.04? For 424 66.88% Against 210 33.12% The Proposition was approved. Proposition No. 6 Shall the Richland Hills Home Rule Charter be amended to provide that the procedures for eminent domain and acquisition of utility systems shall be governed by state law by deleting certain procedures in Sections 10.01(3), (4), (5), and (6)? For 351 55.45% Against 282 44.55% The Proposition was approved. Proposition No. 7 Shall the Richland Hills Home Rule Charter be amended to provide that any qualified voter may serve on the planning and zoning commission; to provide that the council appoints the chairman of the planning and zoning commission; to provide for components of the master plan, and to provide that the planning and zoning commission recommends final action to the city council by revising Sections 14.01, 14.02, 14.03, and deleting 14.04? For 314 49.29% Against 323 50.71 The Proposition failed. Proposition No. 8 Shall the Richland Hills Home Rule Charter be amended to provide that no petition for recall shall be filed within six (6) months after the council person's election and by allowing citizens to seek judicial relief in district court if the council fails to act on a petition for initiative, referendum or recall by revising Sections 15.10, 15.11 and 16.02? For 317 50.16% Against 315 49.84% The Proposition was approved. Proposition No. 9 Shall the Richland Hills Home Rule Charter be amended to provide for compliance with state law with regard to elections by revising Section 5.03, and to make non-substantive revisions to language and organization throughout the charter? For 413 65.45% Against 218 34.55% The Proposition was approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. The City Council finds that the results of the special election as set forth above are correct and the canvass of votes is hereby approved. SECTION 2. The City Council hereby declares the amendments to the charter, approved by the voters, to be adopted, and directs the City Secretary to enter this Resolution as an Order of the Council into the records of the City. SECTION 3. The Mayor, pursuant to Section 9.007, Local Government Code, is hereby authorized to certify to the Secretary of State an authenticated copy of the charter amendments under the City's seal showing the approval by the voters of the City. SECTION 4. This resolution shall be in full force and effect from and after its passage and it is so resolved. PASSED AND APPROVED THIS ~ _ DAY OF 2013. CITY OF RICHLAND HILLS, TEXAS ATTEST: City Secretary, Linda Cantu Mayor, Bill Agan ~~~~~niniiui~n,,~ ,,~`c~~~ ND y~!!,, o~ •~~ c3 ' ( L~'~1 ' c~ ~% ~~`~ irmnn~n-