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Home My WebLink AboutO-235-2-78CITY OF ALLEN, TEXAS, ORDINANCE N0. 235 AN ORDINANCE ORDERING AN ELECTION TO DETERMINE THE QUESTION; "SHALL A COMMISSION BE CHOSEN TO FRAME A NEW CHARTER?"; AND IF A MAJORITY OF THE VOTERS VOTING AT SUCH ELECTION SHALL HAVE VOTED IN THE AFFIRMATIVE, PROVIDING FOR A CHARTER COMMISSION TO PREPARE A NEW HOME RULE CHARTER, AND FOR A SECOND ELECTION TO DETERMINE WHETHER THE CHARTER SO DRAWN SHALL BE ADOPTED BY THE VOTERS. WHEREAS, the City Council of the City of Allen, Texas, has investigated the population of the City by census taken and through public hearing where the City has heard testimony from. various public representatives, such as school officials and representatives of the utility companies; and WHEREAS, the City Council has determined that there is now contained within the city limits of the City of Allen more than five thousand (5,000) inhabitants; and WHEREAS, the City Council has appointed a committee to study the need of a Home Rule Charter, and the committee has investigated such need and has determined that there does exist a need for a Home Rule Charter for the City of Allen, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION -I: That an election be held and the same is hereby called for the 1st day of April, 1978, for the purpose of submitting to the qualified voters of the City of Allen the question; "Shall a commission be chosen to frame a new charter?"; and that should a majority of the qualified voters voting on such question have voted in the affirmative, that a charter commission of fifteen (15) members be elected from the City at large. Such election shall be held in the City Hall in the City of Allen, Texas. SECTION II: That such election shall be held under the provisions of the Constitution and laws of the United States and under the provisions of the Constitution and laws of the State of Texas covering general elections, and all persons qualified to vote in the City under the laws of the United States and under the laws of this State regulating general elections shall be allowed to vote. The manner of holding such election shall be governed by the laws of the United States and by the laws of the State of Texas governing general elections. SECTION III: That the form of the ballot to be used in such election shall be substantially as follows: NO. 000 OFFICIAL BALLOT CITY OF ALLEN, TEXAS CHARTER COMMISSION SPECIAL ELECTION APRIL 1, 1978 NO. 000 CITY OF ALLEN, TEXAS CHARTER COMMISSION SPECIAL ELECTION APRIL 1, 1978 NOTE: VOTER'S SIGNATURE TO BE AFFIXED ON THE REVERSE SIDE. INSTRUCTIONS: Place an "X" in the square beside the statement indicating the way you wish to vote. 11 FOR ] "SHALL A COMMISSION BE CHOSEN TO AGAINST ] FRAME A NEW CHARTER?" INSTRUCTIONS: Provided that a majority of the qualified voters, voting on the above questions shall have voted in the affirmative, there shall be elected a Charter Commission composed of fifteen (15) members. Regardless.of whether you have voted "FOR'," or "AGAINST," or have not voted at all on the above question, you are entitled to vote for not to exceed fifteen (15) candidates for the Charter Commission. Vote for the candidates of your choice by placing an "X" in the square beside the candidate's name. THE TOTAL NUMBER OF CANDIDATES YOU HAVE VOTED FOR MUST NOT EXCEED FIFTEEN (15) CANDIDATES. RECHECK YOUR BALLOT TO MAKE SURE THAT YOU HAVE NOT VOTED FOR MORE THAN FIFTEEN (15) CANDIDATES. FOR CHARTER COMMISSIONER: INDEPENDENT CANDIDATES s WRITE-IN VOTES SECTION IV: Regardless of whether the voter has voted "FOR," or "AGAINST," the voter will then vote for a Charter Commission of fifteen (15) members to serve in case a majority of the voters voting in this election have voted in the affirmative. The above list has been chosen by the City Council as a Charter Commission and should the voters desire to vote against any or all of the above named persons, he or she may do so by scratching the name of such person and writing opposite such name the name of the person for he or she desires to vote; providing that a failure to so name a Charter Commission shall not invalidate the vote as to the question; "Shall a commission be chosen to frame a new charter?": SECTION V: That should a majority of the qualified voters voting in such election vote in the affirmative as to the question; "Shall a commission be chosen to frame a new charter?"; then, after the Charter Commission has completed its work and submitted the new Charter that a second election will be held on the date designated by the Charter Commission in conformity with the law to determine whether the new Charter shall be adopted. SECTION VI: A copy of this Ordinance signed by the Mayor of the City of Allen and attested by the City Secretary shall serve as proper notice to be held as herein ordered on the lst day of April, 1978. The Mayor is authorized and directed to cause notice of such election to be posted at the City Hall, at the Collin County Courthouse and at two (2) other public places in the City of Allen, Texas, for at least thirty (30) full days prior to the date of the election. The Mayor is further authorized and directed to have such Notice of Election published in a newspaper of general circulation published in the City of Allen one (1) time, the date of such publication being not less than thirty (30) full days prior to the date of the election. PASSED AND APPROVED this 2nd day of February, 1978. P.M@ ��..� moi_• �_..r�fi / - ;TEST: y Secretary AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve ,months prior to publishing W, of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on vI and which was issued on Z 19 7J , by of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day of l' D/l.� , A.D. 19 `%$ . Notary Public in and for Collin County, Texas Publisher's Fee $ �_ /`% S -P 7 ¢ P&A Notice: City of Allen, Texas ORDER AND NOTICE FOR Thereupon the question being called for FOR MORE• THAN FIFTEEN 1151 SPECIAL CITY ELECTION -the following members voted AYE: M.B. CANDIDATES. Pierson,, Charles Chandler, Joe Farmer, THE STATE OF TEXAS Eileen Tollett, H.C. Brooks, Jr. and" the - FOR CHARTER COMMISSIONER: COLLIN COUNTY . following members voted No: none. CITY OF ALLEN : INDEPENDENT CANDIDATES PASSED, APPROVED AND ADOP- On this the 2nd 'day'of'February; 1978, TED, this the 2nd day of February, 1978. ------------------ the City Council of the City of Allen of . Collin County; Texas, convened in Regular -s-Frank Dugger, Mayor ------------------ session open to the public, at the regular CITY OF ALLEN, TEXAS, meeting place thereof at'the City Hall in said City, with the following,iaembers to ORDINANCE N0.235 ' ----=--=---------- wit: AN, ORDINANCE ORDERING AN ------------------ Frank Dugger;Mayori'M.B Pierson, ELECTION • TO, DETERMINE THE ------ =----`------- Councilperson; C6kles,rChaadler, Cour-' ' QUESTION; "SHALT: A COMMISSION cilperson; Joe Farmer, "Couiicilperaon; . BE CHOSEN TO FRAME A NEW 1 ` ------------------ , Eileen Tollett, Co ncilperson; 'H.C. CHARTER?• , AND IF A MAJORITY OF THE VOTERS VOTING AT SUCH- . Brooks, Jr., Councilperaon; and Juanelle Cooksey, City Secretary ELECTION SHALL HAVE VOTED IN' ----------- ------- THE' •AFFIRMATIVE, , PROVIDING ` and among other proceed- FOR A CHARTER � COMMISSION TO ' _ ___ ------ ingspresent m s --had b said Council "•was t g y, he PREPARE A NEW- HOME RULE CHARTER; AND :FOR A SECOND.. ------------------ following: ELECTION TO . DETERMINE HEREAS, the; City Allen deems WHETHER THE , CHARTER SO `, -' ---------- sable to order. an election for the ad a • DRAW1�,,,SHALL• BE ADOPTED BY THE VOTERS. ------------------ purpose of: t 1� WHEREAS, the City Council of the City` ------. — THEREFORE, BE IT ORDERED by of Allen, Texas, has investigated the the City Council of the City of Allen, of population the City by census taken ------------------ , Collin County, -Texas that an election be and through public hearing where the City - ------------------ held in said Cie/dn the 1 at day of April, has heard testimony from various public 1978 at which election the following proposition_ shallbe submitted to the representatives,. such as school officials — — — — — — — — — — — — — — — resident qualified voters of said City for an representatives of the utility com- — — — _ their action thereupon: panies; and WHEREAS, the City Council' hafs WRITE-IN VOTES PROPOSITION determined that there is 'now contained- ` .• - To determine the question; "Shall a within the cit limits of the City -i Allen y y ------------------ be chosen to frame a o new more than five thousand (5,000►•inhabi• ----------- _Commission Charter?"; and if a majority of the voters tants; and WHEREAS, the City Council -- has voting at such election shall have voted in appointed a committee to study the need _ _°- _______' ____ the affirmative, providing for a Charter of a Home Rule Charter, and the -' ' ' + Commission to prepare a new Home Rule 'for committee has investigated such need and — ----------------- Charter, and a second election to has determined that there does exist,a determine whether the Charter so drawn n a Home Rule Charter for the City _ ----------------- ' shall be adopted by the voters. of Allen, , Texas. , I _ Said election. shall b6 --held at the NOW, THEREFORE, BE -IT OR. ---=-------------' ; following places • in said City and the following named are hereby DAINED BY THE CITY COUNCIL OF --------------`--- persons appointed Presiding Judges and Alternate THE CITY OF ALLEN, TEXAS: --------—--------- Presiding Judges for said election: SECTION I: That an election be heldand .,,, In Election Precinct No. 1, at City the same is hereby called for the 1st day of ---------�' -- ------ Municipal Building, in said City 1978, for the purpose of ,with Melvin Gant, as Presiding Judge. to theril, ofsubmitting the qualified voters of the City of Allen - City ------=----------- the` question, be 'a commission tie ' The polls at each of the"above designated • chosen to frame a new 6haTt 7" 'andithat" i f' —L �—_- ahould'a majority of 4he, qualifed •voters r r,r poping places shall on said election day be _ voting on 'such question have voted in the •.ter-„,�..o, r �� , open from 7:00 a.m. to 7:00 p.m. affirmative, that a charter commission of --------- ---------- } Juanelle Cooksey is hereby appointed fifteen (15) members be elected from the ' ------------------ Clerk for absentee voting, and Walter City at large. Such election shall be held in Curtis and Shirley Haning are hereby the City Hall in the City of Allen, Texas. ------------------ appointed Deputy Clerks ,for absentee SECTION II: That such election shall be voting. The absentee voting for the above held under- the provisions of the Consti- _ ----------------- designated election shall be held at City tution and- laws of the United States and 'provisions Municipal Building within said City and under the of the Constitution said place of absentee voting shall remain and laws of the State of Texas covering open for at least eight hours on each day general elections, and all persons qualified to vote in the City under the laws of the i SECTION IV: Regardless of whether the for' absentee voting which is not a United States and under the laws of this voter has voted "FOR,” on "AGAINST," Saturday, a Sunday or an official State State regulating general elections shall be the voter will then vote for a Charter holiday, beginning on the 20th day and allowed to vote. The manner of holding -Commission of fifteen (15) , members to continuing through the 4th day preceding such election shall be governed by the serve in case, a majority hof the voters the date of said election. Said -place of law, of the United States and by the laws voting in this'election have voted in the voting shall' remain open between the hours of 8:00 a.m. and 5:00'p.m. on each of the State of Texas governing general. elections. 1 1. affirmative. The above list has been chosen by, the City Council as a Charter day for said absentee voting. The above SECTION III: That the'form of the Commission and should the voters desire described place for absentee voting is also ballot to be used in such election shall be to vote against any' or` all of the above the absentee clerk's mailing address to substantially as follows: named persons, he or she may do so by which ballot applications and ballots" scratching the name of such person and voted by mail may be sent: I I n . No 000 „ writing.opposite such name the name of The ballots of said election 'shall, ha -,e • OFFICIAL BALLOT the -person for lie oi• she desires to vote; written or printed thereon the words CITY OF ALLEN TEXAS providing that a failure to so name a "'Official Ballot" and the following: CHARTER•COMMISSION Charter Commission shall not invalidate : PIace an"'X" in the square beside the' 'SPECIAL ELECTION APRIL 1, 1978 the vote as .to the question; "Shall a commission be chosen to frame a new statement indicating the way you'wish to -,,k I charter?". vote. <' ., tiNo.,. ` , 000 CITY OF ALLEN, TEXAS SECTION V: That should a majority of — FOR +, .'Shall a Commission , - CHARTER COMMISSION, the qualified voters voting in such election vote in the affirmative as to the question; SPECIAL ELECTION , "Shall a commission be chosen to frame a - AGAINST be chosen to Frame a New Charter?" April 1, 1978 NOTE: VOTER'S SIGNATURE new charter?"; then, after the 'Charter TO BE AFFIXED ON THE Commission has completed its work and ti Said election shall be held i0 accordance - REVERSE SIDE, submitted the new Charter that a second election will be held on the date designated with the Electon Code of thislState. "X" by the Charter Commission in conformity INSTRUCTIONS: Place an in , the with the law to determine whether the new • ; square beside the statement indicating the Charter shall be adopted. The Mayor shall give notice of this way you wish to vote. SECTION VI: a copy of this Ordinance election in accordance with the terms and - signed by the Mayor of the City of Allen provisions of Art. 4.05 of the Election _ FOR "SHALL A COMMISSION BE and attested by the City Secretary shall Code and returns of said notice shall be • made as provided in said Art. 4.05 and the AGAINST CHOSEN TO FRAME'A serve as,proper notice to be held as herein Mayor shall issue all necessary orders and — NEW CHARTER?" ordered on the 1st day of April, 1978. The Mayor is authorized and directed to cause writs for said election and returns of said -to notice of such election to be posted at the election shall be made the Council- s' City Hall, at`the Collin County Court - Commissioners immediately after: the INSTRUCTIONS: Provided that a ma- +house and at two (2) other public places in closing of the polls. jority of the qualifed voters, voting on the the City of'Allen, Texas, for at least thirty It is further found'and determined that in above question, .shall have voted in the (30) full- days prior to the date of the accordance with_the order of this govern- affirmative, there shall be' elected a election. The Mayor is further authorized ing body the Secretary/Clerk posted Charter Commission composed of fifteen and- directed to have such Notice of written notice of the date, place and. : [15] members. Regardless of whe`ther.you` Election published in `a newspaper of subject of this meeting on' the bulletin' have voted "FOR," OR "AGAINST," or general circulation published in the City of board located in the City Hall, a place have not voted at all on the above Allen one I1► time, the date of such convenient and readily accesible 'to the, general public, and said `notice 'having question, you are entitled. to vote for not to exceed fifteen [15] cbndidates for the publications being not less than thirty (30) full days prior to the date of the election. been so posted and remaining posted continuously for at least 72 hours pre- Charter Commission. PASSED AND APPROVED this 2nd ceding the scheduled time of said meeting. Vote for the candidates of your choice by day of February, 1978. A copy of the return of said posting shall placing an "X" in the, square beside the be attached to the minutes of this meeting candidate's name. THE TOTAL NUM - and shall be made a part thereof for all BER OF CANDIDATES YOU HAVE Mayor • intents and purposes. VOTED FOR MUST NOT EXCEED e. FIFTEEN 1151 CANDIDATES. RE. ATTEST: The above order being read, it was moved CHECK YOUR BALLOT TO MAKE -s- Juanelle Cooksey, and seconded that same do pass. SURE THAT YOU HAVE NOT VOTED City Secretary