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CF-EL Canvass of Returns 1989-05-06 STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ ~ CITY OF COPPELL ~ CANVASS OF RETURNS AND DECLARATION OF RESULTS OF AN ELECTION HELD IN THE CITY OF COPPELL, TEXAS, ON MAY 6, 1989, FOR THE ADOPTION OF PROPOSED AMENDMENTS TO THE HOME RULE CHARTER OF THE CITY OF COPPELL, TEXAS BE IT REMEMBERED that, heretofore, the City Council of the City of Coppell, Texas, duly called an election to be held on the 6th day of May, 1989, for the purpose of submitting to the qualified voters of the City proposed amendments to the Home Rule Charter of the City of Coppell, Texas; and BE IT REMEMBERED that on this the 9th day of May, 1989, at a meeting of the City Council of the City of Coppell, Texas, a quorum being present, the meeting was called to order and the following business was transacted. Upon motion of councilmember / ~ J.! ~~ and seconded by coun cilm ember 'df-~ ("h:g~ · it was un:'imousty ordered that the City Council consider the official returns of an election held in the City of Coppell on the 6th day of May, 1989, for the purpose of submitting to the qualified voters of the City proposed amendments to the Home Rule Charter for the City of Coppell. WHEREUPON, said official returns were opened, examined, canvassed, and the results declared as follows: CANVASS OF RETURNS AND DECLARATION OF RESULTS WHEREAS, heretofore, the City Council of the City of Coppell, Texas, adopted Ordinance No. 89-436 ordering that an election be held in the City of Coppell, Texas, on May 6, 1989, for the purpose of submitting to the voters of the City thirteen (13) propositions amending certain sections of the Home Rule Charter of the City of Coppell, and caused notice of said election to be given in the manner and for the time provided by law, which order, together with notice thereon, is recorded in the minutes and records of the City Council and is hereby referred to and made a part hereof; and WHEREAS, immediately after said election, the presiding judges and other election officials holding said election made their returns and results thereof to the City Council as follows, to wit: Said returns being duly made according to law and duly authenticated and being shown that written notice of said election was published and posted for the time and in the manner provided by law, and all other proceedings pertaining to said election having been shown to have been done and performed at and within the time and within the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Council, and no protest or objection being made to or regarding any matter pertaining to said election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: That after examining said returns and opening and canvassing the votes cast at said election, the result of said election as to each proposition voted on was as follows: uuuuu "for" votes were cast in favor of Proposition No.1, and That 1608 _271_ "against" votes were cast against Proposition No.1, which read as follows: PROPOSITION NO.1 To amend Sections 3.05 and 4.01 (B) to provide that the City Manager shall sign and execute for and on behalf of the City all contracts and agreements approved by the City Council and when the City Manager is not available the Deputy City Manager or Mayor may sign and execute such contracts and agreements which have been approved by the City Council. Otherwise, said sections to remain unchanged. It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. uouuou "for" votes were cast in favor of Proposition No.2, and That 1279 _614_ "against" votes were cast against Proposition No.2, which read as follows: PROPOSITION NO. 2 To amend paragraph 4 of Section 3.06 to read as follows: "Notwithstanding the requirement in this Section and Section 3.01, that a quorum of the City Council consist of five (5) Councilmembers, if at anytime the membership of the City Council is reduced to less than five (5) Councilmembers, the remaining members may, by majority action, appoint additional Councilmembers to raise the membership to five (5). These appointees shall serve until the positions can be filled at the next regular or special City election. All vacancies filled by election shall be for the remainder of the unexpired term of office so filled." It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. ~~n~~~~~~ 1081 "for" votes were cast in favor of Proposition No.3, and "against" votes were cast against Proposition No.3, which read as follows: PROPOSITION NO. 3 To amend Section 4.01(D) by adding thereto a new subsection 10 to read as follows: "10. The City Council may by ordinance establish certain limitations within which the City Manager may be authorized to sign and execute contracts for and on That 686 behalf of the City without specific City Council approval. It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. o~nnn That 1442 "for" votes were cast in favor of Proposition No.4, and 358 "against" votes were cast against Proposition No.4, which read as follows: PROPOSITION NO. 4 To amend Section 4.04 by deleting the unnecessary sentence that says "The Director of Finance shall be fully responsible for carrying out enforcement of the resolutions and ordinances of the City." It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. ~~~~~non 1181 "for" votes were cast in favor of Proposition No.5, and "against" votes were cast against Proposition No.5, which read as follows: PROPOSITION NO. 5 To amend Section 4.06(C) to provide that the Clerk of the Municipal Court shall receive compensation as shall be determined by the City Manager. It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. That 627 ~~n~~n~~ That 1136 "for" votes were cast in favor of Proposition No.6, and _697_ "against" votes were cast against Proposition No.6, which read as follows: PROPOSITION NO. 6 To amend Section 4.10(E) to provide that the City Engineer shall receive compensation as may be determined the City Manager. It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. uuuoou That 1807 "for" votes were cast in favor of Proposition No.7, and 64 "against" votes were cast against Proposition No.7, which read as follows: PROPOSITION NO.7 To amend Section 5.01(A) to provide that the regular City election will be held annually on the first Saturday in May. It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. n~~~n~~~ That 1776 "for" votes were cast in favor of Proposition No.8, and _85_ "against" votes were cast against Proposition No.8, which read as follows: PROPOSITION NO. 8 To amend Section 5.07 to read as follows: "In the event no candidate for an elective office receives a majority of the votes cast for that position in a regular or a special election or if there is a tie for first place, a runoff election shall be held pursuant to Section 2.025 of the Texas Election Code." It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. nnnnn That 1570 "for" votes were cast in favor of Proposition No.9, and _216_ "against" votes were cast against Proposition No.9, which read as follows: PROPOSITION NO. 9 To amend the caption and first sentence of Section 8.03(D) to read as follows: "D. BOARD OF ADJUSTMENT The City Council shall appoint a Board of Adjustment consisting of five (5) members and four (4) alternate members who shall serve in accordance with Local Government Code ~ 211.008 V.T.C.A." It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. nnnnn That 1576 "for" votes were cast in favor of Proposition No. 10, and _208_ "against" votes were cast against Proposition No. 10, which read as follows: PROPOSITION NO. 10 To amend Section 9.02(A) by adding thereto a new subsection 5 which shall read as follows: "5. The Planning and Zoning Commission shall establish rules and regulations, not inconsistent with state law or the ordinances of the City, for the operation of the Planning and Zoning Commission." It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. ~~nn~~~~ That 1783 "for" votes were cast in favor of Proposition No. 11 and 60 "against" votes were cast against Proposition No. 11, which read as follows: PROPOSITION NO. 11 To amend Section 3.13 (B) by adding thereto a new sentence to read as follows: "Copies of the proposed ordinance, in the form required for adoption, shall be made available at the City offices and furnished to citizens upon request." It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. ~n~n~o~~ That 1737 "for" votes were cast in favor of Proposition No. 12, and 82 "against" votes were cast against Proposition No. 12, which read as follows: PROPOSITION NO. 12 To renumber Section 5.08 of the present code to 5.09 and add a new Section 5.08 which shall read as follows: "Section 5.08 OATH OF OFFICE Every officer of the City shall, before entering upon the duties of their office, take and subscribe to the following oath or affirmation to be filed and kept in the office of the City Secretary: I, , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of of the City of Coppell, State of Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this state and the charter and ordinances of the City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected or if the office is one of appointment, to secure my appointment, so help me God." It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. o~ooonon That 1201 "for" votes were cast in favor of Proposition No. 13, and _548_ "against" votes were cast against Proposition No. 13, which read as follows: PROPOSITION NO. 13 To amend Section 11.06 by adding thereto a new subsection C which shall provide that no employee of the City shall engage in a political campaign involving the office of Coppell City Council, become a candidate for office on the Coppell City Council or become a candidate for office on the governing body of any local area political subdivision which has overlapping jurisdiction with the City of Coppell, including but not limited to, such political subdivisions as Coppell Independent School District, Dallas County, or Coppell Municipal Utility District. It appearing that a majority of the votes cast were for the adoption of the charter amendment and the same is hereby adopted. IT IS FURTHER ORDERED that this canvass and declaration of results of said election be entered in the minutes of the City Council of the City of Coppell, Texas, that the City Secretary or other officer of the City performing functions similar to those of a secretary shall record in the Office of the City Secretary the amendments adopted by the the voters of the City and the Mayor shall certify to the Secretary of the State of Texas, an authenticated copy of the amendments, under the seal of the City, showing the approval by the qualified voters of the City of Coppell, Texas. (LGC ~9.007 - ~9.008) That this resolution, declaring the result of the election held on May 6, 1989, shall become effective immediately after its passage. APPROVED and ADOPTED by the City Council of the City of Coppell, Texas, on this the 9th day of May, 1989. APPROVED: ~".........L.. _.~~." .. . ~~-. . . .... "6, - . C ; / ?;'L-c C.. -( ~ 7 C---- MA OR r E ATTEST: -. ~ct-RA~/n~~ CITY SECRE ~ APPROVED AS TO FORM: CR89-0508 CERTIFICATE This is to certify that the above and foregoing is a true and correct copy of the "CANVASS OF RETURNS AND DECLARATION OF RESULTS OF AN ELECTION HELD IN THE CITY OF COPPELL, TEXAS, ON MAY 6, 1989, FOR THE ADOPTION OF PROPOSED AMENDMENTS TO THE HOME RULE CHARTER OF THE CITY OF COPPELL, TEXAS," adopted by the City Council of the City of Coppell, Texas, on the 9th day of May, 1989. This certificate executed this CJ'tl!::- day of YrLct:r 19 89 . SEAL OF THE CITY OF COPPELL, TEXAS