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HomeMy WebLinkAboutOrdinance 10272a ,~ ~ _, e::, `z' y~ w r h ' f"q x r t ORDINANCE N0. ~~~ AN ORDINANCE ORDERING A SPECIAL HOME-RULE ELECTION IN THE CITY OF FORT WORTH, TEXAS, TO BE HELD ON SATURDAY, THE 6TH DAY OF MAY, 1989, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF FORT WORTH; AUTHORIZING THE CITY COUNCIL TO DESIGNATE THE PLACES AT WHICH SAID ELECTION IS TO BE HELD; AND PRESCRIBING PRESIDING OFFICERS THEREOF. WHEREAS, the City Council of the City of Fort Worth, in the exercise of the sound discretion reposed in it by the Constitution and laws of this State, and more particularly Chapter 9 of the Texas Local Government Code, relating to the amendment of city charters by cities having more than five thousand (5,000) inhabitants, deems it wise and expedient to sub- mit proposed amendments to the existing Charter of said City, hereinafter set forth, at a special election to be held in said City on Saturday, the 6th day of May, A.D. 1989; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 4 ~ SECTION I. ~ That a special election be held in the City of Fort Worth, Texas, on Saturday, May 6, 1989, for the purpose of submitting to the qualified voters of said City, for adoption or rejection, the following proposed amendments to the existing Charter of the City of Fort Worth: t, Y fc. ~ PROPOSED AMENDMENTS I. Shall Section 3, Chapter III, Compensation of the Members of the City Council, of the Charter of the City of Fort Worth be amended so that the same shall hereafter read and be as follows: "Section 3. Compensation of the Members of the City Council. Commencing with the term of office which begins in May of 1989, each member of the city council shall receive as compensation for such member's services the sum of $75.00 per diem for each regular city council meeting attended, said compensation in no event to exceed the sum of $3,900.00 per annum; provided, however, that any council member who is required to be absent from a regular council meeting to perform official duties elsewhere shall be entitled to receive the same compensation as if such member has attended the meeting. In addition to the above, all necessary expenses incurred by the city council in performance of their official duties shall be paid by the city. Nothing herein shall prohibit a council member from waiving the right to all or any part of such compensa- tion or payment of expenses."? II. Shall Section 4, Chapter III, Vacancies in the City Council; How Filled, of the Charter of the City of Fort Worth be amended so that the same shall hereafter read and be as follows: "Section 4. Vacancies in the city council; how filled. "Vacancies in the city council shall be filled by special elections from the districts whose places have been vacated. Vacancies in the office of mayor shall be filled under the provisions applicable to other council members except that the district of the mayor shall be the city as a whole. These special elections shall be held on the first available election date specified in the Texas Election Code unless the council shall re- quest, and receive, permission from the governor to call an emergency special election. If vacancies should occur within thirty (30) days of the special election -2- ^, ~' f _. s =~ ' ~ a Y.~ i I date, the council may set the election for the next date following the impending special election date or it may request permission for an emergency special elec- tion from the governor. "In the event any candidate for a vacancy fails to receive a majority of all votes cast for all the candi- dates for such vacancy at such special election, the mayor shall on the first day following the completion of the official count of the ballots cast at said spe- cial election issue a call for a run-off election pursuant to Chapter IV, Section 2, to be held on the third Saturday following the preceding special election to determine who shall be elected. Such new council members, when duly qualified and elected, shall serve for the unexpired period of the terms of the council members whose offices are being filled. However, no such elections shall be held where said vacancy shall occur within a period of less than ninety (90) days prior to a general election as specified in Chapter IV, Section 2. When a vacancy shall occur less than ninety (90) days prior to the general election as specified in Chapter IV, Section 2, a majority of the remaining council members may appoint a qualified person from the district whose place has been vacated to serve the unex- pired term. "Should a vacancy occur in the office of mayor, the mayor pro tem shall serve until a special election shall be called under the rules pertaining to filling vacancies among the other councilmembers. If members of the city council seek the office of mayor in such a special election, they shall first resign from the city council, and special elections, simultaneous to the mayoral election, shall be held in their districts under the terms specified above."? III. Shall Section 2, Chapter IV, No Primary Election to Deter- mine Nominations; Councilpersons,to be Selected in General Election Biennially, of the Charter of the City of Fort Worth be amended so that the first and third paragraphs thereof shall here- after read and be as follows: -3- :t ..,~ 7"~t~1 • e ! ; J T, ~~F - I' 1" Y "Primary elections to determine the selection of nominees for members of the city council shall not be resorted to. There shall be but one election, and that a general election, for the purpose of selecting mem- bers of the city council, the same to be held bienni- ally, on the first Saturday in May of odd-numbered years. "The candidates receiving the majority of the votes cast for each place shall be declared elected. If no candidate receives a majority, or if there is a tie for any one place, the mayor shall order a second elec- tion to be held on the last Saturday in May to fill that place. Only the names of the candidates who tie for the highest number of votes cast for that place, or the two (2) candidates who receive the highest number of votes with neither having a majority of the votes cast for that place, shall be printed on the ballot for such election. In the event of a tie vote at the second election, the candidates who tie shall cast lots in the presence of the city secretary to determine which one shall be declared elected, and said lots shall be cast within five (5) days of the second election."? IV. Shall Section 2, Chapter IV, No Primary Election to Deter- mine Nominations; Councilpersons to be Selected in General Election Biennially, of the Charter of the City of Fort Worth be amended by inserting a new paragraph after the first paragraph thereof, so that such new paragraph shall hereafter read and be as follows• "An y qualified person who desires to become a can- didate for election to the city council shall file with the city secretary a sworn application for his or her name to appear on the ballot, in accordance with the laws of Texas for nonpartisan or independent candi- dates, and must accompany the application with a filing fee of $100.00 or, in lieu of the payment of a filing fee, any qualified person who desires to become a candi- date for mayor may become a candidate by petition signed by qualified voters equaling at least one-half of one percent of the total vote received by all candi- dates for mayor in the most recent mayoral general elec- tion, or by twenty-five qualified voters, whichever is -4- ,~.-.fir. ~ W ice, '.71 ~ nt ~'; 5 f.. i _ - Y (. J ~ the greater number. In lieu of the payment of a filing fee, any qualified person who desires to become a candi- date for election to the city council, other than the office of mayor, may become a candidate by petition signed by a number of qualified voters of the district from which the candidate seeks election equal to at least one-half of one percent of the total vote re- ceived by all candidates for mayor in that district in the most recent mayoral general election, or by twenty-five qualified voters of the district, whichever is the greater number. The signed petition shall be filed with the city secretary, together with the candi- date's sworn application. Each signer next to his signa- ture shall indicate voter registration number, date of signing, the signer's printed name, and the street address of his place of residence. Such petitions shall also meet all requirements established by the laws of Texas for petitions which are filed with a candidate's application for a place on the ballot in an election of a home-rule city."? V. Shall Section 7, Chapter V, Investigations, of the Charter of the City of Fort Worth be amended so that the same shall here- after read and be as follows: "Section 7. Investigations. (a) The council, the city manager, or any person or committee authorized by either or both of them, shall have the power to inquire into the conduct of any department or office of the city; to make investiga- tions as to city affairs, and for that purpose may sub- poena witnesses, administer oaths and compel the produc- tion of books, papers and other evidence material to said inquiry. The council shall provide by ordinance penalties for contempt in refusing to obey any such subpoenas or failure to produce books, papers and other evidence, and shall have the power to punish any such contempt in the manner provided by ordinance. (b ) Any hearing held as part of such an inquiry or investigation shall be conducted by the city council, city manager, or the person or committee authorized by either or both of them, in accordance with written rules of procedure to be adopted before commencement of the hearing. At such time as an inquiry or investigation focuses on possible criminal activities -5- J a~Y~ ti~ ~q ~ ~ .. Y `- S J' ~ j of a particular person, all due process rights guaran- teed by the Constitution of the United States and the Constitution of Texas shall be afforded to the person being investigated."? VI. Shall Chapter XXIV, Assessment and Collection of Taxes; Pro- visions Relative to Issuance and Sale of Bonds, of the Charter of the City of Fort Worth be amended so that Sections 8, 13, 15 and 22 through 35 shall be repealed and so that Sections 1, 2, 4 and 6 shall hereafter read and be as follows: "Chapter XXIV. Assessment and Collection of Taxes; Provisions Relative to Issuance and Sale of Bonds . "Section 1. Property Subject to Taxation. All property, real, personal or mixed, lying and being within the corporate limits of the city on the first day of January, shall be subject to taxation, excepting such property as may be exempt from taxation under the Constitution, and the laws of the State of Texas. It shall be the duty of the tax assessor and collector on or before the first day of August of each year or as soon thereafter as practicable, to make and return to the city council a full and complete list and assessment of all property, both real and personal, held, owned or situated in the city on the first day of January of each year and not exempt from municipal taxa- tion. "Section 2. Levy and Collection. The city council shall have full power to provide by ordinance for the prompt collection of taxes assessed, levied and imposed under the Charter, and is hereby authorized to enforce the collection of same against all property subject to taxation and the owners thereof as provided by law. Unless otherwise provided by ordinance and the Charter, all property in the city liable to taxation shall be assessed in accordance with the provisions of the general laws of the state insofar as applicable. -6- ~,... .. ,. .r. :.r ~. r, "Section 4. State Law on Assessment and Collections Applicable. Unless otherwise provided by this Charter and by ordinances passed thereunder, all property in such city liable to taxation shall be assessed and all taxes thereon collected in accordance with the provisions of general laws of the state, insofar as applicable. "Section 6. Further Powers of The City Council. Unless otherwise provided by the Constitution or general laws of the state, the city council shall have the power, by ordinance, to do the following: (a) to provide for the levying, assessment and collection of such taxes as the council may determine; (b) to provide for the prompt collection of all taxes assessed, levied and imposed under this Charter; (c) to sell or cause to be sold real as well as personal or mixed property upon which taxes ar e delinquent and unpaid; (d) to regulate the manner of making out tax lists or inventories and appraisements of property therein and to prescribe the oath that shall be administered on such rendition of property; (e) to prescribe how and when property shall be rendered; (f) to prescribe the number and form of assessment rolls; (g) to fix the powers and duties of the Tax Assessor and Collector; (h) to prescribe the date when taxes must be paid and to prescribe the amount of penalty, interest, attorney's fees and costs which are owed on delinquent taxes; (i) to adopt such other measures as the coun- cil deems advisable to secure the assessment of all property within the corporate limits of the City, and to collect the taxes thereon; and -7- y (: x •,~~ ~ :1 ~ ~ .. 'I T y a, i. (j) to have and exercise all other powers and authority now conferred or that may hereafter be conferred upon cities by the general laws of the State of Texas?" The remainder of such Chapter shall remain unchanged. VII. Shall Section 14, Chapter XXVII, No Alteration of Contract for Public Work Without the Approval of the City Council, of the Charter of the City of Fort Worth be amended so that the same shall hereafter read and be as follows: "Section 14. Change Orders, Alterations or Modifi- cations of Contracts. (a) When it becomes necessary to make changes in the plans or specifications after performance of a contract for public works has been commenced, or it becomes necessary to decrease or increase the quantity of work to be performed, such change, alteration, or modification shall be made only when a change order therefor is authorized by the city council upon the written recommendation of the city manager. Provided, however, that the city council may by ordinance establish rules by which a change order may be executed by the city manager without the requirement of city council authoriza- tion. (b) No such change, alteration or modification of a contract shall be valid unless the price to be paid for the work has been agreed upon in writing and signed by the contractor and the city manager upon authorization of the city council, where re- quired . (c) The total contract price shall not be increased unless due provision has been made to provide for the payment of such added cost by appropriating available funds for that purpose."? VIII. Shall Section 17, Chapter XXVII, Contracts for Official Advertising; Official Newspaper, of the Charter of the City of -8- ~7 ~, ., .'~ q;. ~ ~ Fort Worth be amended so that the same shall hereafter read and be as follows: "Section 17. Contracts for Official Advertising; Official Newspaper. "The city council shall let annually contracts for the official advertising of the city for the ensuing fiscal year. For this purpose, the council shall adver- tise for bids, setting forth distinctly and specifical- ly the work to be done, including the type and space to be used, and asking for sealed bids therefor. The adver- tisement for bids must be published twice. The second publication must be on or before the tenth day before the first date bids may be submitted. The council shall let the contracts for such official advertising to the lowest and best responsible bidder publishing a news- paper in the City of Fort Worth, which is a newspaper of general circulation, which newspaper has been pub- lished in said city for at least two (2) consecutive years prior to the time of awarding the contracts, and which newspaper meets all applicable requirements of state law for the publication of legal notices for the City of Fort Worth; provided that the council may re- ject any and all bids, if found excessive, and adver- tise for new bids. The newspaper to which the award of such advertising is made shall be known and designated as the official newspaper of the city. All official publications made by the city shall be made in the official newspaper."? IX. Shall Section 25, Chapter XXVII, Notice of Claim of Damages as Prerequisite to Suit, of the Charter of the City of Fort Worth be amended so that the same shall hereafter read and be as fol- lows "Section 25. Notice of Claim of Damages as Pre- requisite to Suit. "Before the City of Fort Worth shall become liable for damages for death, personal injury or damage to property, the person injured or the owner of the prop- erty damaged, or someone in his behalf, or in the event the injur y results in death, the person or persons who may have a cause of action under the law by reason of -9- .. ~, L I: Y t , 1 ,\ such death, shall file with the city council written notice of such death, injury, or damage within 180 days after the same has been sustained, unless good cause is shown for the claimant's failure to file the notice before the expiration of 180 days. The written notice must reasonably describe the damage or injury claimed, the date and location of the injury or damage, how the injury or damage occurred, the amount of damages, the amount for which the claimant will settle, the resi- dence address of the claimant, the names and addresses of all witnesses upon whom the claimant relies to estab- lish his claim, and, if such notice is not filed within 180 days, the circumstances establishing good cause for such failure to file. The notice requirements provided by this section do not apply if the City of Fort Worth has actual notice within 180 days that the death or injury has occurred or that the property has been damaged."? X. Shall Section 35, Chapter XXVII, Authority of Council to Fix Boundary Limits Without Consent of Inhabitants of Territory Annexed; Procedure, etc., of the Charter of the City of Fort Worth be amended so that the same shall hereafter read and be as follows: "Section 35. Authority of Council to Fix Boundary Limits Without Consent of Inhabitants of Territory Annexed; Procedure, etc. "The city council shall have power, by ordinance, to fix the boundary limits of the City of Fort Worth, Texas, and to provide for the alteration and the exten- sion of said boundary limits, and the annexation of additional territory lying adjacent to the city, with or without the consent of the territory and inhabitants annexed. In fixing said boundary limits, the city shall comply with the procedures prescribed by state law. Upon passage of any such ordinance, the boundary limits of the city shall thereafter be fixed in such ordi- nance; and when any additional territory has been so annexed, same shall be part of the City of Fort Worth, Texas, and the property situated therein shall bear its pro rata part of the taxes levied by the city, and the inhabitants thereof shall be entitled to all the rights and privileges of all the citizens, and shall be bound -10- ,. .~ by the acts, ordinances, resolutions and regulations of the city."? XI. Shall a new Chapter XXVIII, Department of Internal Audit, be added to the Charter of the City of Fort Worth, which Chapter shall hereafter read and be as follows: "CHAPTER XXVIII. Department of Internal Audit. "Section 1. Established. There shall be a Department of Internal Audit which is charged with conducting financial, fiscal com- pliance, and financial procedure audits of all city departments, offices, agencies and programs. Section 2. City Internal Auditor - Appointment; Qualifications; Compensation. The Department of Internal Audit shall be under the direction and control of the City Internal Auditor, who shall be recommended by the city manager and appointed by the city council. The City Internal Auditor must be a person knowledgeable in public finan- cial and fiscal theory, municipal accounting and auditing, and public administration. The City Internal Auditor's compensation shall be fixed by the city council. Section 3. Term, Removal, Absence or Disability of City Internal Auditor. The City Internal Auditor shall not be appointed for a definite fixed time but shall be removable at the will and pleasure of the city council by a vote of not less than a majority of the entire council. If removed after serving six (6) months, the City Internal Auditor may demand written charges and the right to be heard thereon at a public meeting of the city council prior to the date on which the City Internal Auditor's final removal shall take effect, but pending such hearing the city council may suspend the City Internal Auditor from office. The action of the city council in suspending or removing the City Internal Auditor shall be final. In case of the absence or disability of the City Internal Auditor, the city council may designate some qualified person to perform the duties of the office. -11- ~ - I ' ~ a f Section 4. Powers and Duties of Department of Internal Audit. Consistent with other provisions of this Charter, the city council shall by ordinance provide for the powers and duties of the Department of Internal Audit. Section 5. Appointment of Employees. Within the budget approval process and personnel procedures established by the city council for all departments, the City Internal Auditor shall have the power to appoint, employ and remove such assistants, employees and personnel as he may deem necessary for the efficient administration of the affairs of the Department of Internal Audit and to prescribe and fix their duties, scope of authority and qualifications. Section 6. Independent Audit. This chapter shall not be deemed to repeal or amend Chapter X, Section 11, of this Charter."? SECTION I I . That the official ballots to be used in said election shall be prepared in accordance with Sections 52.072 and 57.073 of the Election Code of the State of Texas, as amended, and shall have printed thereon the following: Charter Amendments Completely blacken in the box beside the stat2ment indicat- ing the way you wish to vote. I. Shall Section 3, Chapter III, Compensation of FOR the Members of the City Council, of the Charter of the City of Fort Worth be amended, commencing with the term of office which be- AGAINST gins in May of 1989, to increase compensation of city councilmembers from $10.00 per regu- lar meeting to $75.00 per regular meeting, but not to exceed $3,900 per annum; to allow compensation of councilmembers for meetings which are missed due to attendance at other -12- f rl. I f :J: ![ J i. , city functions; and to allow city councilmem- bers to waive their right to compensation or payment of their necessary expenses? II. Shall Section 4, Chapter III, Vacancies in FOR the City Council; How Filled, of the Charter of the City of Fort Worth be amended to in- crease by one week the amount of time between AGAINST a special election to fill a vacancy on the city council and any runoff election? III. ~~ Shall Section 2, Chapter IV, No Primary Elec- FOR tion to Determine Nominations; Councilpersons to be Selected in General Election Biennial- ly, of the Charter of the City of Fort Worth AGAINST be amended to change the date of the city's general election to the first Saturday in May in odd-numbered years and to change the date of any run-off election to the last Saturday in May to comply with the Texas Election Code? IV. Shall Section 2, Chapter IV, No Primary Elec- FOR tion to Determine Nominations; Councilpersons to be Selected in General Election Biennial- ly, of the Charter of the City of Fort Worth AGAINST be amended to require that candidates for mayor or city council either pay a filing fee of $100.00 or submit a petition signed by qualified voters equaling at least one-half of one per cent of the total votes received in the district from which the office is elected by all candidates for mayor in the most recent mayoral general election, or by 25 qualified voters of the district from which the office is elected, whichever number is greater? V. FOR Shall Section 7, Chapter V, Investigations, of the Charter of the City of Fort Worth be AGAINST amended to provide that written rules of pro- cedure shall be established for hearings held in connection with certain investigations -13- r .. i ., ~ ~ conducted by the city council, city manager, or by persons or committees authorized by either of them, and that state and federal rights to due process of law be afforded to certain persons who are so investigated? VI. FOR D AGAINST Shall Chapter XXIV, Assessment and Collection of T axes; Provisions Relative to the Sale and Issuance of Bonds, of the Charter of the City of Fort Worth be amended to repeal certain superseded sections and to bring other sec- tions of the chapter into compliance with the Texas Property Tax Code? VII. FOR AGAINST Shall Section 14, Chapter XXVII, No Altera- tion of Contract for Public Work Without the Approval of the City Council, of the Charter of the City of Fort Worth be amended to pro- vide that the city council by ordinance may establish rules by which the city manager may execute certain change orders to public works contracts without obtaining prior city coun- cil approval? VIII.. D FOR AGAINST FOR AGAINST Shall Section 17, Chapter XXVII, Contracts for Official Advertising; Official Newspaper, of the Charter of the City of Fort Worth be amended to eliminate the requirement that the city's official newspaper be a daily publica- tion? IX. Shall Section 25, Chapter XXVII, Notice of Claim of Damages as Prerequisite to Suit, of the Charter of the City of Fort Worth be amended to provide that written notice of claims for death, personal injury or property damages against the city shall be filed with the city council within 180 days after such death, personal injury or property damages are sustained unless good cause for failure to file such notice is shown? -14- >- ,, t~. X. ~--f Shall Section 35, Chapter XXVII, Authority of u FOR Council to Fix Boundary Limits Without Consent of Inhabitants of T erritory Annexed; Procedure; etc., of the Charter of the City AGAINST of Fort Worth, be amended to provide that the procedures established by state law shall be followed when the city annexes territory and changes its boundaries? XI. i -q Shall the Charter of the City of Fort Worth (~ FOR be amended by adding a new Chapter XXVIII, Department of Internal Audit, which estab- ~7 lishes the Department of Internal Audit and I~ AGAINST the position of City Internal Auditor, such Auditor to be appointed by the city council on recommendation of the city manager? SECTION III. That the City Secretary of the City shall prepare ballots to be used in voting machines in said election, on which ballots shall be printed the propositions to be voted on in the election. SECTION IV. That each proposed charter amendment shall be separate and distinct so that the voters shall pass upon each one separately and apart from another and so that each voter may vote "For" or "Against" on each of the said amendments. SECTION V. That the proposed amendments as hereinabove set forth, if approved by a majority of the qualified voters voting upon said amendments, shall become a part of the City Charter of the City of Fort Worth as soon as an official order has been entered on -15- ',. i c ~, 1 ,~. the Council Minutes of said City by the City Council thereof, declaring the same adopted. SECT ION VI . 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, and with the provisions of this ordinance. SECT ION VII . That the polls shall be kept open from seven o'clock A.M. until seven o'clock P.M., on May 6, 1989, and that due return shall be made to the City Council showing the number of votes cast for and against each proposed amendment to the City Charter. SECT ION VIII . That the location of the polling places for the election on amendments to the City Charter, except insofar as they may be changed by the City Council, are set forth on Exhibit "A" attached hereto and made a part hereof. SECT ION IX. That the Gity Council shall appoint a Presiding Judge and an Alternate Presiding Judge for each precinct or portion thereof within the City. Each Presiding Judge shall appoint not less than two nor more than eight qualified election clerks to serve and assist in conducting said elections, provided that, if the Presiding Judge -16- '~ a Su actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. SECT ION 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 elections and for counting the ballots and the tabulation of the results. The conduct of the 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 76196, is hereby established as the Central Counting Station for the ballots 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. Rick O'Neal, 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. -17- .;. .~ ~,, E. The appointments of Wendy Sharp, Donna Calton and Connie Beckham as Assistants to the Tabulation Supervisor are hereby approved. They shall assist the Tabulation Supervisor in the oper- ation 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 Central Counting Station and shall have such authority as may be prescribed by the Texas Election Code, as amended. SECT ION XI . That the City Secretary is hereby ordered and directed to prepare and issue ballots for absentee voting and for electronic voting for the special election and to stamp same "Official Ballot." Said ballots shall be printed in English and in Spanish for use in said election.. SECT ION XI I . 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 Adminis- trator, will serve as chief deputy absentee voting clerk. Absentee voting shall be conducted by two methods: A. Voting by personal appearance at the office of the City Secretary, Third Floor, Fort Worth Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102; and B. Voting by mail. Absentee voting shall be on paper ballots, and such ballots shall conform to the requirements of the T exas Election Code, as -18- .~ amended, which provides that a box shall be placed beside the proposed amendment, in which the voter is requested to blacken in the box to indicate the way he or she wishes to vote, but which also provides that failure of a voter to mark his or her ballot in strict conformity with the instructions on the ballot shall not invalidate the ballot, and the ballot shall be counted if the intention of the voter is clearly ascertainable, except where the law expressly prohibits the counting of the ballot. It is specifically provided that the election officers shall not refuse to count a ballot because of a voter having marked his or her ballot by scratching out the amendment for which he or she does not wish to vote; and in this connection the attention of the Absentee Ballot Board is directed to the provisions of Section 65.009 of the Texas Election Code, as amended. The ballot shall include substantially the following: OFFICIAL BALLOT (Completely blacken in the box beside the statement indicat- ing the way you wish to vote.) Shall Charter be amended as proposed? FOR (Set out a concise summary of each proposed charter amendment on ballot with a "For" or "Against" square on the left-hand side of AGAINST each proposition.) Absentee voting by personal appearance shall be conducted on weekdays only, beginning April 17, 1989, and continuing throug h May 2, 1989. Such absentee voting shall be conducted at the fol- lowing locations at the following times: -19- +J i f= i ~ - a Location Office of the City Secretary 3rd Floor, Fort Worth Municipal Bldg. 1000 Throckmorton Street Fort Worth, Texas 76102 Southwest Sub-Courthouse Tarrant County 3829 Altamesa Boulevard Fort Worth, Texas 76133 Poly Sub-Courthouse Tarrant County 3212 Miller Avenue Fort Worth, Texas 76119 Mueller Building 600 West Weatherford Fort Worth, Texas 76102 Nortside Multi-Purpose Center 18th and Harrington Fort Worth, Texas 76106 Time 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. In addition, absentee voting by personal appearance also shall be conducted on Saturday, April 29, 1989, 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. SECT ION XI I I . That the Absentee Ballot Board is hereby created to process absentee voting results, and Barney Koons is hereby appointed as Presiding Judge . The Presiding Judg e shall appoint at least two other members to such Board. SECTION XIV. 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 persons qualified to vote in said City under the -20- {r laws of this State regulating general elections shall be allowed to vote. SECTION XV. This ordinance shall constitute the proclamation, call, notice and ordinance calling and ordering said election. SECT ION XVI . 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 elections, 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. SECTION XVII. That the way and manner of holding said election, the notice to be given therefor, the polling places, the personnel and the officers, precinct judges and substitutes therefor, who are to hold same, and all details connected with the holding of the elec- tion shall be provided for and arranged by the City Secretary; that the proper notice and publication of this notice, proclama- tion 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. -21- ~ .. ~ ~ , ? e ~ T SECT ION XVI I I . That in all respects, said election shall be conducted in accordance with the Texas Election Code, as amended. SECT ION XIX. That it is hereby officially found and determined that the meeting at which this ordinance was adopted and said elections were 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. SECT ION XX. 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 ed. ob Bolen Mayor of the City of Fort Worth, Texas ATTEST Ci y Secretary of the City of Fort Worth, Texas APPROVED AS TO FO AND LEGALITY: C~~ City Attorney of the City of For t Worth , Texas Date : ~ ' l 1 - ~ `~ ADOPTED: ~-'~- $~ EFFECTIVE: `,~~~b"~~ -22- ~~~.' ,.. . ' r\ ~ .~ PASSED AND ADOPTED this, the /~~ day of C,~/C'>r~L/~_ , 1989, at a regular, public meeting of the City Council of the City of Fort Worth. THE STATE OF TEXAS § COUNTY OF TARRANT § I, Ruth Howard, City Secretary of the City of Fort Worth, Texas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. ~~a~~ , duly presented and adopted by the City Council of the City of Fort Worth, Texas, at g ~~ day of March, A.D. 1989, as a re ular session held on the ~ same is of record in the minutes of said City Council. WITNESS my hand and the official seal of the City of Fort Worth, Texas, this, the f ~ day of March, A.D. 1989. City Secretary of the City of Fart Worth, Texas -23- al ~ ~', '\,~r i. ~ t. t s. J POLLING PLACE LOCATION LIST CITY OF FORT WORTH ELECTION MAY 6, 1989 DISTRICT PRECINCT LOCATION 2 3061 Progressive Baptist Church 3054 1702 Carver Avenue 76102 2 3124 Midtown Church of Christ 3362 1701 Oakhurst Scenic Drive 76111 2 4017 St. Thomas Catholic Church 2920 Azle Avenue 76104 2 4048 Fort Worth Police Sector Building 2500 North Houston 76106 2 4050 Washington Heights Elementary School 3215 North Houston Street 76106 2 4051 Luttrell Building (Rear Entrance) 2200 Northeast 28th Street 76106 Z 4067 Denver Avenue Elementary School 1412 Denver Avenue 76106 2 4068 Rosen Heights Baptist Church 2524 Roosevelt Avenue 76106 2 4087 Northside Branch Library 601 Park Street 76106 2 4092 Manuel Jara Elementary School 2100 Lincoln Avenue 76106 2 4093 M. H. Moore Elementary School 1809 Northeast 36th Street 76106 2 4110 Northside Multipurpose Center 1901 Harrington 76106 2 4122 Azle Avenue Baptist Church 2901 Azle Avenue 76106 2 4123 H V. Helbing Elementary School 3524 North Crump 76106 2 4231 Diamond Hill Jarvis High School 1411 Maydell 76106 2 4250 Fire Station No. 9 2575 Polaris 76111 Exhibit "A" Page 1 • 1P". J t fo ~i~.. PAGE TWO DISTRICT PRECINCT LOCATION 2 4261, Parkview Elementary School 4044* 6900 Bayberry 76137 4234* Denton County Precincts 3A and 3C 2 4374* Fire Station No. 31 4372 4209 Longstraw 76137 3 1241, 1070 J. P. Moore School 1186, 1296 4212 Belden 76132 1142 3 1071 Lincoln Oaks Apartments 5500 South Huler~ 76132 3 4015 Career Planning Acaderny 3813 Valentine 76107 3 4276 First Baptist Church of White Settlement West 4069* 121 Verna Trail North 76108 1111* 4369* 4255* 3 4118 Ridglea Baptist Church 6037 Calmont 76116 3 4129 Ridglea West Baptist Church 4230 4416 Southwest Boulevard 76116 3 4130 Southwest Regional Library 4343 4001 Library Lane 76109 4375 Ovts 3 4342 Ridglea Hill Elementary School 6817 Cumberland Road 76117 3 4135 Westridge Baptist Church 9001 Weatherford Highway 76116 3 4136 Luella Merritt Elementary School 7325 Kermit 76116 3 4163 IJestcliff Elementary School 4371 4300 Clay 76109 3 4178 Baptist Radio & TV Center 6350 West Freeway 76116 3 4179 R. D. Evans Recreation Center 3242 Lackland Road 76116 3 4203 Western Hill Elementary School 2805 Laredo 76116 Exhibit "A" Page 2 ,. ~ ~1, ~. ~ ,. -.._ n. PAGE THREE ~' DISTRICT PRECINCT LOCATION 3 4239 No Voters 4 2012 East Handley Elementary School 2617 Mims 76112 4 2088 Sagamore Hill Elementary School 701 South Hughes 76103 4 2099 Handley Meadowbrook Recreation Center 6201 Beaty Street 76112 4 2311 Handley Middle School 2126 2801 Pationo Road 76112 4 2146 Eastern Hills High School 5701 Shelton Street 76112 4 2170 Meadowbrook Middle School 2312 2001 Ederville Road 76103 4 2185 Meadowbrook Golf Course Pro Shop 1815 Jenson Road 76112 4 2278 Brentwood Bible Church 6917 Brentwood Stair Road 76112 4 2279 Atwood McDonald Elementary School 1850 Barron Lane 76112 4 3066 Meadowbrook Baptist Church 3201 Purington 76103 4 3082 Zivn Lutheran Church 3198 1112 Eagle Drive 76111 4 3101 Amon G. Carter High School 3301 Yucca Avenue 76111 4 3109 Oakhurst Elementary School 2600 Yucca 76111 4 3151 Fire Station No 20 3199* 1051 Woodhaven Boulevard 76112 4 3162 Bonnie Brae Elementary School 3363 Ovtr 3600 Fossil Drive 76111 4 3227 Cornerstone Baptist Church 3175 ?510 John T. White Road 3197 4 3236 KXAS TV Studio 3900 Barnett 76103 Exhibit "A" Page 3 ,~, y.. ;. ~.~. ~ f` ,Y. ~ PAGE F~OI~R ~'~ ~ - DISTRICT PRECINCT LOCATION 4 3277 White Lake School 501 Oakland Boulevard 76103 5 1011 Liberation Church 3540 East Rosedale 76105 5 1074 D McRae Elementary School 3316 Avenue N 76105 5 1075 Fort Worth Police Sector Building 1100 Nashville 76105 5 1098 S. S. Dillow Elementary School 4000 Avenue N 76105 5 1106 East Berry Branch Library 4300 East Berry 76105 5 1127 Martin Luther King Center 5565 Truman Drive 5 1132 Truevine Baptist Church 3732 Miller 76119 5 1299 Glenn Park Elementary School 1149 3601 Pecos Street 76119 5 1297 A. M. Pate Elementary School 1152 3800 Anglin Drive 76119 5 1184 Bethel Baptist Church 4801 East Loop 820 76119 5 1188 Dunbar High School 5700 Ramey Avenue 76112 5 1211 Dunbar Middle School 2501 Stalcup Road 76119 5 1346 Dunbar 6th Grade Center 5100 Willie Street 76105 5 2270 Fire Station No. 24 3101 Forest Avenue 76112 6 1004 ~destcreek Elementary School 3401 Walton 76133 6 1014 Edgepark United Methodist 5616 Crowley Road 76134 6 1022 St Matthews Lutheran 5709 Old Granbury Road 76123 Exhibit "A" Page 4 ,. ~^~ '>` '_ r, ``• PAGE ~:I V~ , ,.;. DISTRICT PRECINCT LOCATION 6 1024* Precinct One Garage 1034* 800 Oak Grove-Rendon (Hwy 1187) 1244* 76028 2262* 6 1085 Rosemont Middle School 1501 West Seminary Drive 76115 6 1105 Southwest High School 4100 Alta Mesa 76133 6 1119 4lestminister Presbyterian Church 1265 7001 Trail Lake Drive 76133 1347* 1348* 1350* Ovts 6 1150 E Ray Elementary School 1237 7309 Sheridan Road 76140 6 1165 South Hills Elementary School 3009 Bilglade 76133 6 1167 Fort Worth Classroom Teachers Association Building 1251 6021 Westcreek 76133 6 1207 Altamesa Church of Christ 1349* 4600 Altamesa 76133 6 1238 Trinity Cumberland Presbyterian 7120 West Cleburne Road 76133 6 1256 Hubbard Elementary School 1351 1333 West Spurgeon 76115 6 1264 J. T. Stevens Elementary School 6161 Wrigley Way 76133 6 1273 South Wills Baptist Church 4800 Merida 76115 6 1292 Southwood Baptist Church 2633 Altamesa 76133 6 1300 Sycamore Elementary School 1251 1601 Country Manor Road 76134 7 3001 Lobby-Civil Courts Building 100 North Houston 76196 7 3253 Nash Elementary School 401 Samuels 76102 Exhibit "A" Page 5 .~ ~-~ ~- , ~. DISTRICT PRECINCT 1 4002 7 4016 7 4057 7 4064 7 4086 7 4094 4345 7 4116 7 4120 4274 434 1 7 1 4125 4243 7 4137 7 4232 4053* 7 4285 4242* 4373* 7 4252 7 4272 4113 4065* 7 4344 7 4376 8 1005 ~~ ~~ y PAGE SLX'~~"' LOCATION Hunter Plaza 200 Burnet 76102 South Hi-Mount Elementary School. 4101 Buchman 76107 Trinity Terrace 1600 Texas Street 76102 Fort IJorth Independent School District Building 3210 West Lancaster 76107 Texas Girls Choir Building 4449 Camp Bowie Boulevard 76107 Arlington Heights High School 4501 West Rosedale 76107 North Hi Mount Elementary School 3801 tiJest 7th Street 76107 Como Elementary School 4000 Horne Street 76107 Trinity Baptist Church 620 Churchill Road 76114 Jo Kelly School 201 North Bailey 76107 Fire Station No. 13 5333 Lea Crest 76135 Shady Oaks Manor 5148 San Villa Drive 76135 American Legion Post No. 626 1125 Burton Hill Road Grace Baptist Church 1650 North Las Vegas Trail 76108 Teacher's Center 5100 E1 Campo 76107 Ripley Arnold Apartments 31a North Cherry Street 76102 Van Zandt Elementary School 501 Missouri 76104 Exhibit "A" Page 6 PAGE S~VENl~~ .~ .~ n DISTRICT PRECINCT LOCATION 8 1010 Community Christian Center 1720 East Vickery 76104 1058 Herculean Social Club 1117 East Hattie 76104 8 1059 Southside Multipurpose Center 959 East Rosedale 76104 8 1073 Mt. Pisgah Baptist Church 1801 Evans Avenue 76104 8 1078 Mt Olive 'Baptist Church 2951 Evans Avenue 76104 8 1089 Morningside Elementary School 2601 Evans Avenue 76104 8 1079 Pilgrim Rest Baptist Church 960 East Baltimore 76104 8 1080 Greater Harvest Church of God in Christ 2902 Mitchell Boulevard 76105 8 1083 Oaklavrn Elementary School 3220 Hardeman 76119 8 1090 Progressive Church of God in Christ 1349 East Baltimore 76104 8 1104 Bradley Center 2608 Timberline 76119 8 1107 Worth Heights Multipurpose Center 3551 New York 8 1154 Carter Park Elementary School 1204 East Braadus 76115 8 1291 East St. Paul Baptist Church 1305 Savage 76134 8 3008 Versia L Williarns Elementary School 901 Baurline 76111 8 3019 Riverside Multipurpose Center 201 South Sylvania 76111 8 3056 Butler Place (East Side Senior Citizens) 1201 Luella Street 76102 8 4006 Western Sdear Outlet 213 South Jennings 76104 Exhibit "A" Page 7 u ~` .~ ~Dg [. Y ~, ~s ~- PAGE EI~'bl1' ~'~N~ .. DISTRICT PRECINCT LOCATION 9 1062 St John's Episcopal Church 1077 2401 College Avenue 76110 9 1081 University Christian Church 2720 University Drive 76109 9 1096 E. M. Daggett Middle School 1108 Oarlock 76110 9 1097 George Clarke Elementary School 3300 South Henderson 76110 9 1108 Paschal High School 1298 3001 Forest Park Boulevard 76110 9 1117 Bluebonnet Elementary School 3201 South Hills Avenue 76109 9 1133 St. Christopher Episcopal Church 3550 Southwest Loop 820 76133 9 1134 B. H. Carroll Building (New Lives) 3908 McCart 76110 9 1155 Rosemont Church of Christ 4041 Ryan Avenue 76115 9 1195 South Fort Worth Elementary School 900 West Fogg 76110 9 1201 L~~orth Heights Elementary School 519 East Butler 76110 9 1233 Fire Station No. 10 1288 3209 Hemphill 76110 9 4060 DeZavala Elementary School 1419 College Avenue 76104 9 4076 Lily B. Clayton Elementary School 2000 Park Place 76110 9 4084 Hemphill Presbyterian Church 4370 Ovtr 1701 Hemphill 76110 9 4095 St. Stephen's Presbyterian Church 2600 Sandage 9 4182 Tanglewood Elementary School 3060 Overton Park Drive West 76109 ., Exhibit "A" Page 8