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HomeMy WebLinkAboutOrdinance 10533t ORDINANCE N0. v ~-~ AN ORDINANCE ORDERING A SPECIAL ELECTION BY THE QUALI- ~ FIED VOTERS OF THE CITY OF FORT WORTH, TEXAS, ON i SATURDAY, THE 5TH DAY OF MAY, A.D. 1990, FOR THE PUR- POSE OF ELECTING A CITY COUNCILMEMBER FOR DISTRICT N0. 7 OF THE CITY OF FORT WORTH, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. That, in compliance with the Charter of the City of Fort Worth and in accordance with the Constitution and laws of the State of Texas, a special election be and the same is hereby called and ordered for Saturday, May 5, 1990, as authorized by Section 41 001 of the Texas Election Code, as amended, at which election all qualified voters of City Council District No. 7 may vote for the purpose of electing a Councilmember for District No. 7 SECTION II. That the special election for Councilmember for District No. 7 is required on May 5, 1990, because on January 15, 1990, Steve Murrin, Jr., Councilmember for District No. 7, resigned from office. SECTION III That the City Secretary of said City shall prepare ballots to be used in voting machines in said election, on which ballots shall be printed the names of the candidates for the position of Councilmember for District No 7. The place of the candidates shall be designated on the official ballot as Councilmember for District No. 7. The City Council single member districts are described and defined in Ordinance Nos. 7323, 7392, 7441, 7869, 7963, 8047, 8261, 8682, 8712, 8719, 8909, 9304, 9548, 9618, 9639, 9804, 10257 and 10532. SECTION IV. That no person's name shall be placed on the official ballot as a candidate for Councilmember for District No. 7 unless such person has filed his or her sworn application, as required by the laws of Texas, with the City Secretary not later than 5:00 P.M. of the 31st day before election day. There must also appear on the face of said application the single member district wherein said candidate resides and from which district said candidate is seeking election. That no person's name shall be placed on the official ballot as a candidate for Councilmember for District No. 7 unless such person is a qualified elector of the City and shall have resided continuously within the State for at least twelve (12) months immediately preceding the date of the regular filing deadline for a candidate's application for a place on the ballot, which date is April 4, 1990, and continuously within the district from which he seeks election for a period of at least six (6) months immediately preceding the date of the election, which is May 5, 1990. In determining whether a person has com- plied with the durational residency requirements established by and referred to in this ordinance and in the City Charter for the office of City Councilmember, the provisions of 141.001, 141.003 and 141.004 of the Texas Election Code, as amended, and Chapter IV, Section 3 of the City Charter shall apply. 2 SECTION V. That it shall further appear to the said City Secretary, before said candidate's name is entered on said ballot, that he or she has filed an affidavit of loyalty with the City Secretary, as required by Article 141.031 of the Texas Election Code, as amended. SECTION VI. That, in the event that there are two or more candidates from District No. 7 for membership on the City Council, the order in which the names of such candidates are to be printed on the ballot shall be determined by a drawing to be conducted by the City Secretary. The City Secretary shall post in her office a notice of the date, hour and place of the drawing. The notice must remain posted continuously for 72 hours immediately preced- ing the scheduled time of the drawing, except that for a run-off election, or an election held to resolve a tie vote, the notice must remain posted for 24 hours immediately preceding the scheduled time of the drawing. Upon receipt of a candidate's written request, accompanied by a stamped, self-addressed envelope, the City Secretary shall mail written notice of the date, hour and place of the drawing to the candidate. Each candidate affected by the drawing is entitled to be present or to have a representative present at the drawing. SECTION VII That Ruth Howard, City Secretary of the City of Fort Worth, shall conduct and shall be the clerk for absentee voting at said election. That Robert Parten, Tarrant County Elections 3 Administrator, will serve as chief deputy absentee voting clerk. Absentee voting shall be conducted by two methods: A. Voting by personal appearance; and B. Voting by mail. Absentee voting shall be on paper ballots. Each absentee voter shall vote for his or her choice for Councilmember for District No. 7. Said absentee voter shall vote by blackening in the box beside the name of the candidate for whom he wishes to vote; provided, however, that, if the voter places a plus sign (+) or a check mark (•/) or any other mark, which clearly shows the voter's intent in the square beside the name of the candidate for whom the voter desires to vote, it shall be counted as a vote for that candidate, provided that no more names are thus marked than there are places to be filled. That the failure of a voter to mark his or her ballot in strict conformity with these direc- tions or failure to vote a full ballot shall not invalidate the ballot, and the vote shall be counted if the intent is clearly ascertainable, unless the law prohibits counting the vote. It is specifically provided that the election officers shall not refuse to count an absentee ballot because of the voter having marked his or her ballot by marking through the names of the candidates for whom he or she does not wish to vote; and that in this connec- tion the attention of the Absentee Ballot Board is directed to the provisions of Section 65.009 of the Texas Election Code, as amended. 4 SECTION VIII. Absentee voting by personal appearance shall be conducted on weekdays only, beginning April 16, 1990, and continuing through May 1, 1990. Such absentee voting shall be conducted at the fol- lowing locations at the following times: Location Time Office of the City Secretary } 3rd Floor, Fort Worth Municipal Bldg. 1000 Throckmorton Street Fort Worth, Texas 76102 8:00 a.m. to 5:00 p m. County Annex West 600 West Weatherford Fort Worth, Texas 76102 8:00 a.m. to 4:30 p.m In addition, absentee voting by personal appearance also shall be conducted on Saturday, April 28, 1990, between the hours of 9:00 a.m. and 1:00 p.m., in the Office of the City Secretary, Third Floor, Fort Worth Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. SECTION IX. The Absentee Ballot Board is hereby created to process absentee voting results, and Barney Koons is hereby appointed as Presiding Judge. The Presiding Judge shall appoint at least two other members to such Board. SECTION X. A. An electronic voting system, as defined in Chapter 121 of the Texas Election Code, as amended, shall be used for voting at the regular polling places at said election and for counting the ballots and the tabulation of the results. The conduct of the 5 election and the use of the electronic voting system shall be in accordance with the Texas Election Code, as amended. B. The Office of the Tarrant County Elections Administrator, Tarrant County Courthouse, 100 Weatherford, Fort Worth, Texas, is hereby established as the Central Counting Station for the bal- lots cast in said election. C Robert Parten, having knowledge and experience in the conduct of elections with the electronic voting system for which the Central Counting Station is established, and being a regis- tered voter of the City of Fort Worth, is hereby appointed as the Manager of the Central Counting Station. The Manager shall be in charge of overall administration of the Central Counting Station and the general supervision of the personnel working at said Station. D. Wendy Sharp, being trained in the operation of the auto- matic tabulating equipment installed at the Central Counting Station, is hereby appointed Tabulation Supervisor. The Tabulation Supervisor shall be in charge of the operation of the automatic tabulating equipment. E. The appointments of Lynda Schaefer, Donna Calton and Connie Beckham as Assistants to the Tabulation Supervisor are hereby approved. They shall assist the Tabulation Supervisor in the operation of the automatic tabulating equipment as directed by the Tabulation Supervisor. F. Patricia Benavides is hereby appointed as Presiding Judge of the Central Counting Station. She shall maintain order at the 6 Central Counting Station and shall have such authority as may be prescribed by the Texas Election Code, as amended. SECTION XI. That the City Secretary is hereby ordered and directed to w prepare and issue ballots for absentee voting and for electronic voting and to stamp same "Official Ballot." Said ballots shall be printed in English and in Spanish for use in said election. SECTION XII. That the City Secretary of the City of Fort Worth shall fur- nish election officials said ballots and voting equipment, to- gether with any other forms, blanks or instructions in accordance with the Charter of the City of Fort Worth, Texas, and the laws of the State of Texas insofar as same are applicable. SECTION XIII. That the polls shall be kept open from seven o'clock A M. until seven o'clock P.M., on May 5, 1990, and that due return shall be made to the City Council showing the number of votes cast for each candidate for the office of Councilmember for District No. 7. SECTION XIV. That any candidate receiving a majority of all the votes cast for the office of Councilmember for District No. 7 shall be elected to such office; but that, in the event of a tie or in the event that no candidate receives a majority of all the votes cast for the office of Councilmember for District No. 7, the Mayor, on the first day after the completion of the official tabulation and canvass of the returns, shall issue a call, proclamation and 7 notice for a second election, as required by law, to be held on May 26, 1989, to fill that office, at which second election the two candidates receiving the highest number of votes for such office, in the first election, at which no one was elected by receiving a majority of all the votes cast for all candidates for such office, shall again be voted for. SECTION XV. That single member District No. 7 (described and defined with particularity in Ordinance Nos. 7323, 7392, 7441, 7869, 7963, 8047, 8261, 8682, 8712, 8719, 8909, 9304, 9548, 9618, 9639, 9804, 10257, and 10532) and the precincts therein, are set out with particularity on Exhibit "A" attached hereto and made a part hereof. SECTION XVI. Only qualified electors residing within the boundary of District No. 7 shall be eligible to vote for a candidate for the office of Councilmember for District No. 7. SECTION XVII. That the location of the polling places for the election of the office of Councilmember for District No. 7, except insofar as they may be changed by the City Council, are set forth on Exhibit "B" attached hereto and made a part hereof. SECTION XVIII. That the City Council shall appoint a Presiding Judge and an Alternate Presiding Judge for each precinct or portion thereof within City Council single member District No. 7. 8 The Presiding Judge shall appoint not less than two nor more than five qualified election clerks to serve and assist in con- ducting said election, provided that, if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. SECTION XIX. That said election shall be held under the provisions of the Charter of the City of Fort Worth, Texas, and the Constitution and laws of the State of Texas, insofar as same may be appli- cable, and all duly qualified resident electors of single member District No. 7 shall be allowed to vote in the election for the office of Councilmember for District No. 7. Each and every candi- date for Councilmember for District No. 7 of the City of Fort Worth shall be a qualified elector of the City. SECTION XX. This ordinance shall constitute the proclamation, call, notice and ordinance calling and ordering said election. SECTION XXI. That notice of said election shall be given by: (1) publish- ing a copy of this ordinance, in English and in Spanish, at least once, not earlier than the 30th day or later than the 10th day before the date set for said election, in a newspaper published in said City; and (2) not later than the 21st day before the date set for the election, posting a copy of this ordinance, in~ English and in Spanish, on the City's bulletin board used for posting notices of the meetings of the Fort Worth City Council. 9 SECTION XXII. That the way and manner of holding said election, the notice to be given therefor, the polling places, the personnel and the officers who are to hold same, and all details connected with the holding of the election shall be provided-for and arranged by the City Secretary; that the proper notice and publication of this notice, proclamation and ordinance shall only be cumulative of and in addition to the statutory notice of said election as herein provided; and that any omission or irregularity in the publication of this notice, proclamation and ordinance, or in the signing of same, shall not in any way affect or invalidate such election. SECTION XXIII. That in all respects, said election shall be conducted in accordance with the Texas Election Code, as amended. SECTION XXIV. That it is hereby officially found and determined that the meeting at which this ordinance was adopted and said election was called was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Annotated Civil Statutes, Article 6252-17, as amended SECTION XXV. That this ordinance, election order, proclamation and notice shall take effect and be in full force and_ effect from and after the date of its passage, and it is so o~~~ ned. /® ~~ i/.® Bob Bolen - - `~' Mayor of the City of Fort worth, 10 ATTEST: City Secre ry of the Cit of Fort Worth, Texas A PROVED AS TO FO D LEGALITY: City Attorney of the City of Fort Worth, Texas Date : ~' ~°~ ~ l ~ ADOPTED: ~ ' o~ /~- / EFFECTIVE : ~ -~ / ~ / v 11 Revised 2/19/90 .,,, Fort Worth Precincts in Single Member District 7 Established March 1, 1988 District Voting Precincts 7 3001,3253,4002,4016,4053*,4057,4064,4065*,4086, 4094,4113,4116,4120,4125,4137,4232*,4242,4243, 4252,4272,4274,4285,4341,4344,4345,4373,4376 *Split Precincts 1. Split with unincorporated territory 4232 2 Annexation Corridors 4065 EXHIBIT "A" EXHIBIT "B" DISTRICT PRECINCT LOCATION 7 3001 Lobby - Civil Courts Building 100 North Houston 76196 7 3253 Nash Elementary School 401 Samuels 76102 7 4002 Hunter Plaza 200 Burnet 76102 7 4016 South Hi-Mount Elemtary School 4101 Birchman 76107 7 4057 Trinity Terrace 1600 Texas Street 71602 7 4064 Fort Worth Independent School District Building 3210 West Lancastesr 76107 7 4086 Texas Girls Choir Building 4449 Camp Bowie Blvd 76107 7 4094 Arlington Heights Hiah School 4345 4501 West Rosedale 76107 7 4:116 North Hi Mount Elementarv School 3801 West 7th Street 76107 7 4120 Como Elementary School 4274 4000 Horne Street 76107 4341 7 4125 Trinity Baptist Church 4243 620 Churchill Road 76114 7 4137 Jo Kelly School 201 North Bailey 76107 7 4232* Fire Station No. 13 4053* 5333 Lea Crest 76135 7 4285 Shady Oaks Manor 4242* 6148 San Villa Drive 76135 4373 7 4252 American Legion Post No. 626 1125 Burton Hill Road 7 4272 Grace Baptist Church 4113 1650 North Las Vegas Trail 4065* 76108 7 4344 Teacher's Center 5100 E1 Campo 76107 7 4376 Ripley Arnold Apartments 310 N Cherry Street 76102 Exhibit "B" Split with unincorporated territory or annexation corridor. ''"'c ~ASfER FILE 1 pity of IFort worth, ~exa~ ACCOUN7iN0.2 /~ ~ // /~y~ /~ ,~1~/ /~ /~y~ TRANSPOR7ATION~PUB~~~D° ~~~ ~®~~~~~ ~®U U lV~ (L1V!/ (L (Lll/~1V~ IL® O (L N+YER AOMINIS7RATION < -'4AW I cm~ n W c~ DATE REFERENCE SUBJECT ORDINANCE REVISING BOUNDARIES OF PAGE NUMBER CITY COUNCIL SINGLE-MEMBER DISTRICT NOS. iaf 3 AOE~i27-90 G-8489 2,6 and 7 RESULTING FROM ANNEXATIONS ___ AND DISANNEXATIONS RECOMIiIENDATION It is recommended that 1 The City Council approve the recommended revisions to City Council District Nos 2, 6, and 7, to reflect recent annexations and disannexations from the City; and 2 An ordinance amending Sections 6, and 7 of Ordinance No 7323, as amen; be adopted in order to make the single-member district boundaries coincide with the current corporate boundaries BACKGROUND A specially called City Council election is scheduled for Saturday, May 5, 1990, to fill the vacated City Council seat for District 7 In order for the City of Fort Worth to comply with the Voting Rights Act of 1965, information on the nature, scope and potential impact of any boundary changes on the electoral process since the City's last submission must be submitted to the United States Department of Justice no later than sixty days prior to the scheduled election This information must include changes in population, and the accessibility of the process to all citizens, particularly to minority citizens The last revisions to the Single Member District Plan were approved by the City Council on February 21, 1989, prior to the City Council calling its regularly scheduled City Council elections and the City Charter Amendment election Since the adoption of these revisions, there have been six (6) changes in the City's corporate boundaries. Four (4) of these changes resulted from annexations while two (2) resulted from disannexations Each of these changes is briefly described below, along with its impact and the recommendation as to which single-member district each newly annexed area should be included and from which single-member districts the disannexed areas should be deleted DATE REFERENCE NUMBER 2-27-90 G-8484 AREAS ANNEXED: Annexation Number 1 SUBJECT ORDINANCE REVISING BOUNDARIES OF CITY COUNCIL SINGLE-MEMBER DISTRICT NOS. ~ G ~Na 7 DGCI11 TlNr FR(1M ~NNFX~TT(1NC a>: AND DISANNEXATIONS ~~ i ..i ~ y ~ ri,...wj. ...r PAGE lu , ,+ 2 of 3 w k 1 1, 10357 ` z" ' a ', '~ Annexation of 1388 318 acres in Alliance International Centre. Present Population 0 Projected Population 3846 This area should be added to District 2, as it is contiguous to that District At the time of annexation. it contained 0 population and 0 dwelling units Proposed development includes 218 57 acres of single family development Annexation Number 2 City Ordinance No. 10379 Annexation of 119.025 acres in Old Decatur Village Addition Present Population 0 Projected Population 1931 This area should be added to District 2, as it is contiguous to that District At the time of annexation it contained 0 population and 0 dwelling units. Proposed development includes 38 acres of multi-family development Annexation Number 3 City Ordinance No. 10488 Annexation of 1 055 acres in Tally Addition Present Population 0 Projected Population: 0 This area should be added to District 2, as it is contiguous to that District At the time of annexation it contained 0 population and 0 dwelling units Proposed development is non-residential Annexation Number 4 City Ordinance No. 10511 Annexation of 67 543 acres in Park 35 Commerce Center (Phase 1) Present Population 0 Projected Population: 0 This area should be added to District 2, as it is contiguous to that District At the time of annexation it contained 0 population and 0 dwelling units. Proposed development is non-residential "'"„` , DATE REFERENCE suB~ECr ORDINANCE REVISING BOUNDARIES F PAGE NUMBER CITY COUNCIL SINGLE-MEMBER DISTRICT N S. 3 3 2-27-90 G-8489 2 6 an ES ,f AND DISANNEXATIONS AREAS DISANNEXED: Disannexation Number 1 City Ordinance No. 10370 Disannexation of 112 acres in Smallwood Estates Addition. Present Population: 126 Projected Population: 147 This area should be deleted from District 6, as it is totally contiguous to that District. At the time of disannexation it contained 126 population and 42 dwelling units. Disannexation Number 2 City Ordinance No. 10472 Disannexation of 12.5 acres in Eagle Mountain Circle Area Present Population 20 Projected Population: 24 This area should be deleted from District 7, as it is totally contiguous to that District At the time of disannexation it contained 20 population and 8 dwelling units. IMPACT: The impact of these changes in corporate boundaries on the specially called City Council election for Single-Member District 7 is negligible. At the time these annexations occurred, no population was added to the City and none of the annexations added territory to District No. 7 Of the two disannexations, only the Eagle Mountain Circle Area disannexation, with a present population of 20 persons, impacted District 7 To date, very little development has occurred in the newly annexed areas, and, as a result, any changes in their population figures since the time of annexation are insignificant. No significant changes in minority access to and influence on election results are anticipated as a result of the annexations "'' and disannexations APPROVED BY CITY COUNCIL SUBMITTED FOR THE CITY MANAGER'S ,.t Wi 11 i am Wood 7605 ® ~ DISPOSITION BY COUNCIL: ^ APPROVED ~ PROCESSED BY OFFICE BY ORIGINATING DEPARTMENT HEAD: Wi ~ ~ ~ am Wood 7605 ^ OTHER (DESCRIBE) ~ylT~,m EC,RETARY FOR ADDITIONAL INFORMATION 7 0 1 I~~ //~ )"~ Y SQCC19t JJJ V/ N di d O 14~ tst~ E CONTACT Wi 1 5 i am Wood 6 a ~ o nanEt te r '