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HomeMy WebLinkAboutOrdinance 9633OR D I NANC E NO . _~~_ AN ORDINANCE ORDERING THE ELECTION OF THE QUALIFIED VOTERS OF THE CITY OF FORT WORTH, TEXAS, ON SATURDAY, THE 12TH DAY OF JULY, A.D. 1986, FOR THE PURPOSE OF ELECTING CITY COUNCILMEMBERS FOR DISTRICT 6 AND DISTRICT 7 OF THE CITY OF FORT WORTH, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. 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, and subject to permission being granted by the Governor of Texas, special elections be and the same are hereby called and ordered for Saturday, July 12, A.D. 1986, between the hours of 7:00 A.M. and 7:00 P.M., as authorized by Sections 41.001(b)(9) and 201.053 of the Texas Election Code, at which elections all qualified voters of City Council District 6 may vote for the purpose of electing a Councilmember from District 6, and all qualified voters of City Council District 7 may vote for the purpose of electing a Councilmember from District 7. oonmTnrT 7 That an emergency exists which requires that a special emer- gency election for City Councilmember, District 6, be held on July 12, 1986, in that Kathy Wetherby, Councilmember for District 6, must be relieved of her duties of that office as soon as possible for health reasons. nnnmT~x~ 7 That because of the death of Richard C. Newkirk, Councilmember for District '7, an emergency exists which requires a special emer- gency election be held on July 12, 1986, for the position of City Councilmember, District 7, in that: (a) the voters of District 7 do not have a Councilmember who is elected from their district; (b) the City Council is about to begin hearings on the City budget and tax rate for 1986-1987, and the Councilmember representing District 7 should participate in such hear- ings; (c) that the City Council is about to expend bond funds for capital improvements, and the Councilmember representing District 7 should participate in the decision concerning how such funds will be spent; and (d) the City Council has several committees which are com- prised of Councilmembers and which meet on a regular basis, and the Councilmember representing District 7 should serve on such committees and attend the committee meetings. SECTION 4. That the City Secretary of said City shall prepare ballots to be used in said elections, on which ballots shall be printed the names of the candidates for the position of Councilmember, District 6, and the names of the candidates for the position of -2- Councilmember, District 7. City Council single member districts are described and defined in City Ordinance Nos. 7323, 7392, 7441, 7869, 7963, 8047, 8261, 8682, 8712, 8719, 8909, 9304, 9548 and 9618. SECTION 5. That no person's name shall be placed on the official ballot as a candidate for the office of member of the City Council unless such person has filed his 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 membership on the City Council unless such person is a qualified elector of the City and shall have resided in the district from which he seeks election for a period of at least six (6) months next preceding July 12, 1986, the date of the election. In determining whether a person has complied with the durational residencey requirements established by this ordinance and the City Charter for the office of City Councilmember, the provisions of Sections 141.001, 141.003 and 141.004 of the Texas Election Code shall apply. ecr~mTn~~ G That it shall .further appear to the City Secretary, before said candidate's name is entered on said ballot, that he has filed an -3- affidavit of loyalty with the City Secretary, as required by Section 141.031 of the Texas Election Code. SECTION 7. That in the event that there are two or more candidates from District 6 for membership on the City Council, or there are two or mare candidates from District 7 for membership on the City Council, the order in which the names of such candidates in each district 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 preceding 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 8. That the City Secretary of the City of Fort Worth shall be the clerk for absentee voting at said elections. Absentee voting shall be conducted by two methods: -4- A. Voting by personal appearance; and B. Voting by mail. Absentee voting shall be on paper ballots. Each absentee voter in District 6 shall vote for his choice for District 6 member of the City Council, and each absentee voter in District 7 shall vote for his choice for District 7 member of the City Council. Said absentee voter shall vote by placing an "X" in the square 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 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 voter's 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 ballot by marking through the names of the candidates for whom he does not wish to vote; and that in this connection, the attention of the Absentee Ballot Board is directed to the provisions of Section 65.009 of the Texas Election Code. c~~mTnr~ o Absentee voting by personal appearance shall be conducted in the south lobby of the City Hall, 1000 Throckmorton Street, Fort -5- Worth, Texas, during those hours that the City Secretary's office is open for business, those hours being on weekdays, beginning at 8:00 A.M . and ending at 5 : 00 P.M . Said absentee voting on weekdays shall begin on Monday, June 23, 1986, and shall end at 5:00 P.M. on July 8, 19.8.6_.......I-n- addition,, absentee voting by personal appearance shall also be conducted on Saturday, June 28, 1986, between the hours of 8:00 A.M. and 5:00 P.M., in the south lobby of City Hall. SECTION 10. 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 of such Board. SECTION 11. A. An electronic voti„ng,.sysaem, as defined in Chapter 121 of the Texas Election Code, shall be used for voting at the regular polling places at said elec-ti-ons and for counting the ballots and the tabulation of the results. The conduct of the elections and the use of the electronic voting system shall be in accordance with the Texas Election Code. B. The City Secretary's Office located at City Hall, 1000 Throckmorton Street, Fort Worth, Texas, is hereby established as the Central Counting Station for counting the ballots cast in said elec- tions and the tabulation of the results. C. Ruth Howard, having knowledge and experience in the conduct of elections with the electronic voting system for which the -6- Counting Station is established, and being a registered voter of the City of Fort Worth, is hereby appointed as the Counting Station Manager. The Counting Station M anager shall be in charge of the overall administration of the Central Counting Station and the general supervision of the personnel working at said Station. D. Don Morris, being trained in the operation of the automatic tabulating equipment installed at the Central Counting Station, is hereby appointed Tabulation Supervisor of the Central Counting Station. The Tabulation Supervisor shall be in charge of the opera- tion of the automatic tabulating equipment at the Central Counting Station. E. The appointments of Mike Little, Donnie Uselton and Larry Schuessler as Assistants to the Tabulation Supervisor are hereby approved. They shall assist the Tabulation Supervisor in the opera- tion of the automatic tabulating equipment as directed by the Tabulation Supervisor. F. Ruth Howard 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. SECTION 12. That the City Secretary is hereby ordered and directed to pre- pare 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 elections. -7- SECTION 13. That the City Secretary of the City of Fort Worth shall furnish election officials said ballots and voting equipment, together 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 14. That the polls shall be kept open from seven o'clock A.M. until seven o'clock P.M., on July 12, 1986, and that due return shall be made to the City Council showing the number of votes cast for each candidate for membership on the City Council. SECTION 15. That any candidate receiving a majority of the votes cast for the office for which he or she is a candidate 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 sought, the Mayor, on the first day after the completion of the official tabulation and canvass of the returns, shall issue a call, proclamation and notice for a second election, as required by law, to be held on the second Saturday after the first election to fill that place, at which second election the two candidates receiving the highest number of votes for any such office or offices, as the case may be, in the first election, at which no one was elected by receiving a majority of all votes cast for all candidates for such office or offices, shall again be voted for. -8- SECTION 16. That Single-Member District 6 consists of the following pre- cincts: District Voter Precincts 6 1004, 1014, 1022, 1024*, 1034*, 1085, 1103*, 1105, 1119*, 1150, 1165, 1167, 1207, 1237, 1238, 1244*, 1251, 1256, 1257, 1264, 1265, 1273, 1292, 1300, 2262* That Single-Member District 7 consists of the following pre- cincts: District Voter Precincts 7 3001, 3253, 4002, 4016, 4053, 4057, 4064, 4065*, 4086, 4094, 4113, 4116, 4120, 4125, 4137, 4232*, 4242, 4243, 4252, 4259*, 4272, 4274, 4285, 4288, 4341, 4344, 4345 *Split Precincts * 1024--split with * 1034--split with * 1103--split with * 1119--split with * 1244--split with * 2262--split with * 4053--split with * 4065--split with * 4232--split with * 4259--split with unincorporated territory unincorporated territory--annexation corridor unincorporated territory unincorporated territory unincorporated territory unincorporated territory unincorporated territory unincorporated territory--annexation corridor unincorporated territory Town of Lakeside and unincorporated territory-- annexation corridor SECTION 17. That the location of the polling places for the election of Councilmembers to District 6 and District 7 are set forth on Exhibit "A" attached hereto and made a part hereof. SECTION 18. That the City Council shall appoint a Presiding Judge and an Alternate Presiding Judge for each precinct within City Council Districts 6 and 7. -9- Each Presiding Judge shall appoint not less than two nor more than eight qualified election clerks to serve and assist in conduct- ing said elections, provided that, if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. SECTION 20. That said elections shall be held under the provisions of the Charter of the City of Fort Worth, Texas, insofar as same may be applicable. Each and every candidate for Member of the City Council, District 6, and Member of the City Council, District 7, shall be a qualified elector of the City. In addition, each candidate for Member of the City Council, District 6, shall be a resident of and shall have resided in District 6 for a period of at least six (6) months next preceding the date of the election; and each candidate for Member of the City Council, District 7, shall be a resident of and shall have resided in District 7 for a period of at least six (6) months next preceding the date of the election. SECTION 21. This Ordinance shall constitute the proclamation, call, notice and ordinance calling and ordering said election. SECTION 22. That notice of said elections shall be given by: (1) publishing 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; -10- and (2) not later than the 21st day before the date set for the elections, 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 23. That the way and manner of holding this election, the notice to be given therefor, the polling places, 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 24. That in all respects, said elections shall be conducted in accordance with the Texas Election Code. SECTION 25. 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. -11- SECTION 26. 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 ordained. ATTEST: City Secretary of the City of Fort Worth, Texas APPROVED AS TO FORM AND LEGALITY: C ty Attorney of. the City of Fort Worth, Texas Date : -~~'~1~ / 3 / ~l~G ADOPTED: Q EFFECTIVE: _~- Syr -12- ~~ THE STATE OF TEXAS ~ COUNTY OF TARRANT ~ I, the undersigned, City Secretary of the City of Fort Worth, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of Ordinance No.~~ , passed by the City Council of said City on the f~ ~ day of May, 1986, and that the same is of record in the minutes of said City Council. WITNESS my hand aid the official seal of the City of Fort Worth, Texas, this f~ day of May, 1986. City Secretary, City of Fort Worth, Texas (SEAL) -13- City of Fort Worth Polling Places July 12, 1986 Precinct Location 1004 & Westcreek Elementary School 1257 3401 Walton 1014 & Edgepark United Methodist Church 1167 5616 Crowley Road 1022 & St. Matthews Lutheran Church 1264 5709 Old Cranbury Road 1024. 1034 Garden Acres Baptist Church 1244, 2262 10920 Stone Road 1085 Rosemont Middle School 1501 hJ. Semi nary 1105 Southwest High School 4100 Alta Mesa 1103, 1119., Westminister Presbyterian Church 1265 7001 Trail Lake Drive 1150 & Ray Elementary School 1237 7309 Sheridan 1165 South Hi71s Elementary 3309 Bilglade 1207 Fire Ha 11 n 26 6124 Hul en 1233 & Trinity Cumberland Presbyterian Church 1292 7120 l~J. Cleburne Road 12.56 Hubbard Elementary 1333 W, Spurgeon 1273 South Hi71s Baptist Church 4800 Merida 1300 & St. Luke Cum Berland Presbyterian Church 1251 14 04 Svcamo re School Road EXHIBIT "A" `.. Polli ng Places Cont, Preci nct Location 3001 Lobby-Civil Courts Building 100 N Houston Street 3253 Nash Elementary School 401 Samuels 4002 Hunter Plaza 200 Burnet Street 4016 South Hi-Mount Elementary School 410.1 Bi rc hma n 4064. & Fort Worth School District Administration Bld. 4057 3210 4J, Lancaster 4086 Arlington Heights United Methodist Church 4200 Camp Bowi e Blvd 4094 & Arlington Heights High School 4345 4501 W Rosedale Street 4116 North Hi-Mount Elementary School 3801 b1, Seventh Street 4120 Como E1em.entarv School 4000 Horne Street 4125 & Sleepy Hollow Mobile Home Park 4243 1170 Sleepy Hollow Drive 4137 Jo Kelly School 201 N. Bailey 4232 & Fire Hall # 13 4053 5333 Lea Crest 4274 & Como Multi -Purpose Center 4341 4900 Horne Street 4285, 4242, Shady Oaks Manor 4113, 406.5, 6148 San Villa Drive 4272 4288 Carpenters' Union Hall 824 Pennsylvania 4344 & Teachers Center 4252 510.0 El Campo