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1994-12-01 CC Packet - EXHIBIT A TO ORDINANCE NO.a_g : LV CITY CHARTER AMENDMENTS: REDLINED C CHAPTER I INCORPORATION AND POWERS • OF THE CITY 1.10 Platting of Property Should any property situated within the corporate limits of the City or within 1m .4teeignomiii.qviiotoommti • be hereafter platted into blocks and lots, the owner or owners of li -said property shall comply with the general plan of the City, all provisions of the ordinances, rules and regulations of the City, and all provisions of the applicable State laws. CHAPTER II CITY COUNCIL AND MAYOR 2.01 Governing Body The governing and lawmaking body of the City shall consist of the Mayor and six Council members and shall be know as the City Council-ef-the-Gity-ef-Seuthlake. 2.02 Elective Officers kitlidittAivitowstpa.isi• .. • • ft",151 :44, grakaggergibilffalliA, • State 7) OWAYMitlIMMINMOSEORM:4010/1-VALIMPII.M.;:.H6Witai oyawmiidii:stogmigtaiiiigwoigttiatimrgfiktiMiaOgirAitad4fiaAtrtqfirOji Wrialarif -7:614:01161Mer E progreawasavainvagswitiermoutmeam EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 1 , .' ♦ _, • k'w, ' ' ::•• ,, ..v:v,,,..•: .;:y:...<{•.% �}iGrSe:,';'i'<:::..}}:$r$t.:.;nti};:.;: ;:. }':fi::}:v..,, ..}2itiY.v:•v{:ny;rvv.:v.:w::.:vv: •t'.:r.3 h?,..v" :aaav .. .:..' � v.4.x w:.x....o::;,}'.•'. ...}:r m..... :.{i:•:4r 04411441 >,,::{.}} w, ,; fi.Y+$i.+::{.«};,rt {::r{r,.;v. .,.•:{i, h .B ter..:{:•,:•.v;:v:{:, ^CkX �.•.• 'aY�7•- �� f.?lv4 }�'iEif i• $'Mr''. �Yr:�•:�.iv"�. {$ ':.�:ii:may ..,.'v+T^a{f nx;N.:.ki�� . .,.: ....:<...: . 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EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 2 (�/3-,_.-) t ` regular C' > , 4994-) * * * * * * C 2.04 Qualifications . ?:•? ax• Each • `. �` : -}candidate for Mayor gland Councilman member shall meet the following qualifications: Law' (1) shall-be at least twenty-one (21) years of age; (2) shall be a citizen of the United States State of Texas; (3) Shall-be a qualified voter of the City: (4) Shall=wftg have resided for at least twelve (12) months preceding the election within the corporate limits of the City; and 5. Shall not be in arrears in the (. • -. ; •..\i: � fJ:: S- i+- � :"+it}.�'•-^:-:i4i.?rf' sf,•ff::i Si'-$.. 4: ::.'F,•]$? r::... :::. {:f} vtj'}is {?}.`..?: .fi ! ii?: \'-•'�: {,�.-.•.•-.•.- Affit ................................. v x•..:.v vvi::::::: .::... . .:v :.v:. .v::• .......v:::\•:i Yviv .{wv..i: S.........,..:...... : .... ... :: ......... .�f rv..-i i:j::'}=::{v?:?i{vxJ.-:.::{n::.{:.:�i�nh%{{{:xf.{i�Y{vfry}x:v:n??iv:{.v.{.}?.:::;v:i -.4c`.tiou 2 :"::fir' z :{ .:z l .;..:....� ?^ : :�`< . When any member of the Council no longer possesses all of the qualifications specified in this section, or is convicted of a felony or any offense involving moral turpitude while in office,OA such office shall immediately and automatically become vacant. The Council shall be the judge of the qualifications of its members and for these-such purposes shall have the power to subpoena witnesses and require the production of records, but the decision of the Council in any case shall be subject to review by the courts. E, • * * * * * * EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 3 , - 6 Eci-w {•rV 2.07 Mayor Pro Temcn di aliti N .+}"''- yx:;::.t:::.;::•::t:•:.f:•:,�:r?" i+R";;+`;;C{•". t•� l.'-'.. ' 'Y fi% '�/f�•.f•�'�i"� :;:•ki>a`. At the first meeting ,-e€ each t :YC . " .? r:;: t Cecil, or as soon thereafter as practicable, the Mayor sh. q.dik:t. appoint one of the Councilmen as Mayor Pro Tem �� g 8,�i �i��� ����' .< + � �9 s�Y �Bf who shall hold ��Q'� offi one Y .. . ��..;��`' :.�. ; �`4 �.���. '� ce for year. The Mayor Pro Tern shall perform the duties of Mayor in case of the absence or disability of the Mayor, ' . In case of absence or disability of both the Mayor and the Mayor Pro Tern, the M Mayor Pro Tem • aD<aiii<.4F3',are4A3 4 <$k.;k f 2.08 Vacancies; Forfeiture of Office; Filling of Vacancies • (a) Vacancies. The office of a Councilman shall become vacant upon M death, resignation, removal from office (in any manner authorized by law), or forfeiture of-his office. (b) Forfeiture of Office. K{r:.:Y't�••;t:{::ii:'tnt r�n••r�0it;:t`:,v,}`,i•"ti v::•.T:;i.{ttt%-'{::(:4'. iSt$$'•< ot~tr shall forfeit :%{•:tt::':.::::x.��'aat.$':`.• :.euktctfi::::�w:tw:i..;,.+r:rfvr.::,::-}dta his :er office if € :: : Ya S0� ' •: e 1 L ..r► ( ) lacks i i i any qualification for the office prescribed by this charter or b a law; (2) violates any expressed prohibition of this charter, (3) is convicted of a felony crime or is convicted of a crime involving moral turpitude; or (4) fails to attend two consecutive regular meetings of the Council without being excused by the Council. (c) Filling of Vacancies. -t :.:.M<::v>. ::<<<t:::,::<: x: :..v<:>¢ .:>:::<; v t- : r>:,. :.,ff�{.v :t<::: r {.: , any cause whatsoever, a special election shall be held on the next election date authorized by the Texas Election Code that is a least 45 days after the vacancy occurs for the purpose of filling t -sueh vacancy. If the vacancy occurs within ninety (90) days prior to a general election, the vacancy shall be filled at the general election. All vacancies filled under this Section 2.08(c) shall be for the unexpired term of the office filled. 2.09 Meetings of the City Council The Council shall hold at least two regular meetings each month on the first and third Tuesday evenings of [ -said month at a time to be fixed by ordinance meetings, unless tiii-sueh dates fall on a regularly observed City holiday, provided that the EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 4 . riliw Council may establish as many additional regular meetings during the month as may be necessary for the transaction of the business of the City and its citizens. All I meetings of the Council shall be open in accordance with and except as provided by the O en Meetin A .1. :eir 4;� t �`f. : ;. ,: . ,. 5}.g :tx x'. .g ,.." ' and shall be held at the City Hall, except that the Council may designate another place foruelh meetings. 2.10 Special Meetings The Mayor or a majorityof the other members of the Council maycall special meetings P by giving notice to the City Secretary who shall notify each member of the Council of the time °' •`rt * ' of ek meeting and II purpose-theree€ Only matters set forth in an agenda posted in accordance with the l Open Meetings Act, .' f`F M a , V4 j:4: ' ; N,:sA:1:,:,'410 I , r ,e K , shall be considered. 2.11 Rules of the Council; Minutes and Procedures The council shall provide for citizen participation at any meeting with regard to any matter under consideration in accordance with rules and regulations as the Council may / provide. The Council shall provide for minutes.being taken and recorded for all meetings, 1, and such minutes shall be a public record. Minutes of all meetings of the Council shall be — promptly entered within forty-eight (48) hours after approval in the permanent official records of the City, and the City Secretary, or other designated person, shall at the same time provide a permanent and adequate index showing the action of the Council in regard I to all matters submitted to it at both regular and special sessions. Voting, except on procedural motions, shall be by roll call x.::;"�``'4e" • [�►��14 and shall be recorded in the Iminutes. The vote upon the passage of all ordinances and resolutions shall be taken by the "ayes" and "nays" and entered upon the minutes, and everyordinance or resolution, upon Y Y P P its final passage, shall be authenticated by the signature of the presiding officer and the Iperson performing the duties of the City Secretary. I Any item requested by one (1) or more members of the Council or by the City Manager shall be placed on the agenda by the City Secretary. The Mayor will establish the order of the agenda for each Council meeting. The City Secretary shall prepare the agenda, I which shall be publicly posted at City Hall in accordance with the wog Open Meetings Act, : >6110N INVA NU . . `.texas:-.Cocl s<: notated Adele 6252 17 of the Devised f iyil Scat.to. ef-Tam..,. * * * * * E L., EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 5 6/• —,g • kr , - , . . 'Vp' "iy�n•{S;s�•'tak"=%✓f" .. "•Yir `:.:Y'<•,.•ri..'f•:�.,'+:i::u..�r;.�::: I &-c?;+>;..z,,,A�ci,�,:. ;+�.?ti a.::,�'cas,.•�•r....�� \,;{: .x�i�.>�"Y �r•.: �c`, ,.:Y:.„ ,F £:.�s�� �U�„'n%�`?.n� '�'� B r�i $ # < R�� ��iA �i�:. s,s..r;P:u4�t.. ::%Y',SL::�: :.S_�.'�''v✓w!�;{�{::>�;�` �:r— ;;;:s:�.,c�:,,,.;,:����y�, �yM;j:� , a ,:. �v'' '�. s f.,l 8 tt 8 ¢'a st r a� a#-a 8 p b r c::.: 3 k ?,�� �a��- <. ..c+��l"•n��.��?,2�*:::�:t„if,`�a..:�.�:.:. ,�,,. �Z�,� �F'� ,{r�l`t'<: ,:: .. � .� 0 £,}Q�.3{ +t 5 Fad_8 _ ..:.+.lo �:\v. �;:\..::�'Af�.gala.tit.�atC?h�• .ci:::�:!tir�:Lhd.Kts3K.t�: �� 5•a f3 3 # E ,-i :.(0:i5:3- 8 ?: f3.• \+4 ,.:e:{8:\.)-f l'y f',? rCi,t f : y, * * * * * * A CHAPTER III RESPONSIBILITIES OF THE CITY COUNCIL * * * 3.11 Action Requiring an Ordinance Ei The Council shall legislate by ordinance. In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the Council shall be by ordinance which: (1) Adopt or amend an administrative code or establish, alter or abolish any city board, department, office, or agency; .rr (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; 3 Levytaxes, except as otherwiseprovided in Sections 9.01 -( ) p 9.11 with respect to the property tax levied by adoption of the budget; B (4) Grant, renew or extend a franchise; C (5) Regulate the rate charged for services by a public utility; If (6) Authorize the borrowing of money; (7) Convey, lease or authorize the conveyance or lease of any lands of the City; 8 Adopt wit h or without amendment ordinances proposed under the initiative power; and (9) Amend or repeal any ordinance previously adopted, except as otherwise provided in Section 7.30 with respect to repeal of ordinances reconsidered E ik... under the referendum power. IEXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 6 -)/ - 9 .. E . K- kip, . • - Acts other than those referred to in the preceding sentence may be done either by ordinance, resolution or minute order. - {'Y ' , " ``' • • `(`a.}; All w:.•wwrn:. �ii:(+:a:•:.::r.:e,'v.;:::t•::•r.,x.-:aicr`:» •S•:::•:<•' I ordinances and resolutions may be passed at any regular meeting or special meeting called for that purpose, provided notice has beengiven in accordance with the Open P P � .::.> .:;>:;:.: P `•'�':••' ,;;c+c:3. '::;�-.yf;,_;:ayo,;;.»s'i�y;;i>;v:'Yi.�.4i:y,:::'':i\- v'4�:;�:ii.;:mom-;:+w:�;<,�.1�: {' ,�.,""::2�:.,.r,; Meetings Act, ..•�J t.ti?3>1?r � f�2E�{9��3E ;' 5lia �fa8 >{E> . <. {..'. � 3'� { Bn+ & 6252 1'7 oft a Devised Civil Statue.. of Texas. 3.13 Procedure for Enacting Ordinances, Publication I r < Upon introduction of any ordinance by a Council member, the City Secretary shall distribute a copy to the Mayor, each Council member and to the City Manager, and shall I file a reasonable number of copies in the Office of the City Secretary and such other public places as the Council may designate. All ordinances, exclusive of emergency ordinances, defined by Section M` 1-1 of lathe Charter , shall be migfiggi`' x 111 off ...y.:<::..;y read in open meetings of the Council two (2) separate Council meetin y. „x s v fit which shall be a regular meeting , . The City Secretary Ishall publish the proposed ordinance or its caption and penalty together with a notice setting ( out the time and place for a public hearing thereon and for its consideration by the Council at least ten (10) days before the second..it r E . 'd L'""' Wig. All persons interested shall have the opportunity to be heard. After the hearing, the Council may adopt the ordinance with or without amendment or reject it but, if it is I amended as to any matter of substance, the Council may not adopt it until the ordinance or its amended sections have been subjected to all the procedures herci before required in the case of a newly introduced ordinance. The City Attorney shall approve as to legality all ordinances prior to final adoption. ay Except as otherwise provided by law or this Charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine or forfeiture for any violation of any of its provisions, and of every other ordinance required by law or this I Charter to be published, by causing the said ordinance or its preamble and penalty, to be published at least one (1) time within ten (10) days; after is final passage} thereof in the official City newspaper. The affidavit of such publication by the publisher of the newspaper IItaken before any officer authorized to administer oaths and filed with the City Secretary, shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. All ordinances requiring publication shall take effect;immediately upon publication; unless otherwise provided by4t14 such ordinance. M. Every ordinance shall be authenticated by the signature of the City Secretary. The • approval or signature of the Mayor shall not be necessary. Every ordinance enacted by the EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 7 , ,) Council shall be filed with the City Secretary who shall record all ordinances, orders, and resolutions adopted by the Council in a properly indexed book kept p for that purpose. CHAPTER V : COURTS 5.02 Judge of the Court The"Judge of the Municipal Court",shall be elected by the qualified voters pursuant to state statute. The Judge shall be an attorney in good standin licensed to practice in the State of Texas and must meet all other qualifications established by m' ,. ,`' j ' ,..; : >X r ., a '11 . .:. . _ . The Judge shall serve for a £ - e-(-2} year term. The Council shall fix the compensation for the Judge and such compensation shall never be based on fines assessed or collected. CHAPTER XI PLANNING AND ZONING rr+ * * * * * * 11.06 The Master Plan . ) The Planning and Zoning Commission shall formulate and recommend to the Council a Comprehensive Master Plan and shall consult with the City Manager and with other City departments regarding planning. The Master Plan for the physical development of the City shall contain the Commission's recommendations for growth, development and beautification of the City re# ..{:: :{;;1.�---. i:C}:•}}}}}:{4}i}:•:Mho:•}:: •:{4'r.{•}ii}}}}}y::{Cif.•ri?{?O:{i�vK•�i.'•••-}h}}i:4•.•.•.-}�': •':+.r:+i:%?-k}}}}h\'•h.:J �h'•hW}. :ri•:' "?xi�:v'f .}�......... .:4::::.v.:::':::?.. }'l:}}.::{iv}}: �4/::F:::'} n-S .f?i+�?{ + fi•Y rii:�i:'---J]:}:F '�.://..f ...,�-.'t.... tom: +.. ♦ - - M d T: . twit rk a ;{ t:: . :>t . .:'�.W{? . ...}..:::..:..: • .:3cfk?'+` 40::?;k;!:?.W,.,.!;+.4•�I4+-.mi :.::nd;:o•'.i...... plan; (011111004.00401500iNtaili EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 8 ::i::J iiiii ':;£fi::y;:;8;ii:•.......£Yri FJ•::;:�:r?_}::vi:£;:;5:';ii:,v::;: M '.':�� v:4it�i::•.?\\BX�,r'rfi:•kit K?C\S ?{,\\.' 'ii:\K\�{A\• '•nK?:•:{•:tik {:6::};y:'t:::;:;:?t::'x'""'ir'Y':5•tt:#%i:'.,`t .2r K:•`•.i7.it ,.'t ':.yqt. .:,q:c ..�.r 4, :. ,�-- r�ti .}. .. f:.:•.'.",otF?: .t?�'! :tit�'r�cY 3�°� tf? 3�}• }+; :8,Y� �a £0 8�9 £ ar. aag:',A1&:.z g �q�fi 8 Vas G;Y t4 �R _d£�+' �' 8 tf.3£ �r. ',fir-'i an: S� Y. v .>..5'::•....V• > ..�,.nn. t:��H:.eva 5,...n•.:�?..:•W:v;..�. X:- .Z'fvS�nR\ •S� .a. f�? .. � f^tt'�.... • G�:hWW^.r..a.�^.5.�..:. •.i......n f ai...;;.,l.. ...a.; ;g. ta ?y'a:?:.r a .. ,va4 RO"`'v`.y.'g:nigkc`a:. ...;y4,'a<s!k <'<?.'�:Ying;.l., ea A copy of the Master Plan, or any art thereof, shall be forwarded to the Y ;£ - M l i ,:^ Y4,, .'fie ; N`a8 s . �Y:f p:r MI ,' Council, which may adopt this plan in whole or in part, and may adopt any amendments thereto after at least one public hearing on the proposed action. Y ,✓Yi':£�f'.'•'•" "Yl/H},c:C;} ; .:•f;' :;,..-`" " >."/'.i f �S`79Y i ia:' +A` w rc "Fc .}.�:::::..::. {::;y,...}ict: .fh.}x ::.}.a.?.:aH m::•.•h.;: .}:..?? :..,:,�v,,.,.�,v,?.J..l::?c;}. •. }:<: ?.. }::::}.?E•.:.v?�?-:•.f.•.:..:a??�:.. .. . .:.Y::....,. »za'•:tit: v..r}} •.}y.Y _ :=iY3i' n vnvmv::::.}ir v.�.rr::.{:x.}w:::.:v::.:.. ..:.... ... ......................:::,.::. .....,-::.:n•:::::n::......{.. .S'•::.v f..•.:• .}"{•:•}:•}:•K::S•}::...::...:•:1'f{::4::•}: Y.:is?}'f.�i:-':::: X.-:�-.:v:::::�Y:•:e.•::::vv....rr'�:}Ffv:C>.>i::t"�i 4:" .:'fii gegitilt , . �R 'I .M :: L}:::-.•:.Av:-.:,iv}:??•::-i{ti:{:C• i.•.:6:?:R:v:3:vtSmii?•}:.\•:..:'v.{ aKvv}• ,'•...ht,.- fn'•ri•:':•:': : 'sYi}}y..•?Y F•'f,.?uH{,M?YA4C4::Hi.:. S???$� i�. , �C.Q,�,r•',iY". f.ffM.t:'r H{.+F,.!;:!N•l,.•y.{. K• ::H::•�:::Hrf.?it�:l./xt8:nhxt�i2�':•.�"•C:a}:-...:t.t:4}X}.G::::Fti��� ::::.F�:}�%� .:..::rtwY ......... �..::::::. v, ........:.::.n..:'::ni..::::•.y::-vv:•:::.v:.n_... .. ...Hi:rw::is i"'..... ........:.... ;::rfu•{:i:::{r::f;vxy..�•s:•:S? r Q���} {� yJ�y;���;`��y f}S j� :j{!:��■�}}:}v.}.:.}}:•}+:i�:£J•h::�iiiiii'rr}i.:;:i.{j::;r'S.:j'�}:•:��:-yi1'��i�ii(�j�v+f:v{:4�.:�}.�.ff/.•. ••.Y :;p:: 50..��:'�`fil� .`.:M �L�•�a2Yl.Ni{{1J. .:.y:{7::" k:►.7�4"7FFt� "�� •`�::C�.K.LX7� �fy�.: .4V.� f. r��l:�:IA+M�'M'.1Y-.4,5C{ ....... •vn ' }��^• :•n'v..r...x. •.???r•.:...:C'X.:....,..SS:.•rv::::.. ...... ..... .:...:... '.:{•}:•:ti{•:{H:wntl.:w::.::n.... Kv....::.v.{{:{.�f.£l:•}}:•}:S??{{{{' .... .:.-::::::::::.:::.-:::::.::vv:.-::::.::i?:v::v:•}::.v i?.,...:r.:::..... ..... .......... ..).... n.X,• .{}. .}r� elf fr. ":<:>Me: s>>each :v: t:• . :e{ ' •=w.yi� iyy� :{ ��"o cam:::::= .. i tE 5 :.::....:...,::..Aso%�.:-vy�.:�::a}:} c;::f..?:},1:2•x�c^�- .'•Yf.--.}'�� •%::trs4'�:;::'-}-.�tRf.:.R+ .�trrSw}s::,w;. �::,SY•S`r w� .r..'}d,��,,G3�fi��?+`.�G� :£r-:.}i'>:;.}.'•:• {£:�2'rM1t4i`.::'r.':'!.:•.:'�rf' H�£ ,-. W f...:;;C€ya:}: -Y•� .'i•. "HiCf INIRM The Council shall act on such plan, or part thereof, within sixty (60) days following its submission. If such plan, or part thereof, shall be rejected by the Council, the Commission may modify such plan or part thereof, and again forward it to the Council for consideration. All amendments to the Master Plan recommended by the Commission shall be submitted to the Council for approval in accordance with the procedures required by this Section 11.06, and all other recommendations affecting the Master Plan shall be accompanied by a recommendation from the Planning and Zoning Commission. L EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 9 PROPOSED BALLOT PROPOSITIONS CITY CHARTER AMENDMENTS PROPOSITION NO. 1 - Election of the City Council Shall the Charter of the City of Southlake be amended to provide for the at-large election of city council members by place numbers; assigning two place numbers to each of three geographical districts;requiring that council members reside in a district r- to be eligible to become a candidate for a place number assigned to that district; specifying the required length of residency in a district; providing the boundaries of the districts; continuing the Mayor's city-wide residency requirement; continuing ° ��� = three-year terms; continuing staggered terms; and providing for transition, amending Sections 2.02, 2.04, and 2.10? PROPOSITION NO. 2 - Deputy Mayor Pro Tem Shall the Charter of the City of Southlake be amended to provide for the selection of a Deputy Mayor Pro Tern, amending Section 2.07? PROPOSITION NO. 3 - Regular City Council Meetings Shall the Charter of the City of Southlake be amended to authorize the city council to set the time for regular city council meetings by resolution or minute order, I,o, amending Sections 2.09 and 3.11? PROPOSITION NO. 4 - City Council Voting Shall the Charter of the City of Southlake be amended to enable the city council to vote at its meetings by electronic device rather than roll call, amending Section 2.11? PROPOSITION NO. 5 - Code of Ethics and Conduct Shall the Charter of the City of Southlake be amended to require the city council to adopt a Code of Ethics and Conduct applicable to elected officers, appointed board, commission, and committee members, and employees of the city, adding Section 2.131? PROPOSITION NO. 6 - Municipal Court Judge Shall the Charter of the City of Southlake be amended to increase the elective term of the municipal court judge from two years to three years to correspond to city council terms and to require the municipal court judge to be a resident of the city, amending Sections 2.02 and 5.02? PROPOSITION NO. 7 - Adoption of Ordinances ir,,, Shall the Charter of the City of Southlake be amended to provide that ordinances be passed at two meetings, the second of which must be a regular meeting; and to no longer require the actual reading of ordinances during council meetings, amending Sections 3.11 and 3.13? PROPOSITION NO. 8 - Master Plan Shall the Charter of the City of Southlake be amended to provide for the content and procedures for adoption and updating of the city's Master Plan, amending Section 11.06? PROPOSITION NO. 9 - Conformance with State and Federal Law Shall the Charter of the City of Southlake be amended to conform with state and federal law with respect to regulation of plats, residency requirements for holding office; filling a vacancy in the Mayor's office, and references to the Texas Open Meetings Act, amending Sections 1.10, 2.04, 2.07, 2.08(c), 2..09, 2.10, and 3.11? PROPOSITION NO. 10 - Clarifying Language and Improving Grammar Shall the Charter of the City of Southlake be amended to clarify the language and improve the grammar of the Charter without making substantive change, amending Sections 1.10, 2.01, 2.04, 2.07, 2.08(c), 2.09, 2.10, and 3.13? "' I C I I L 2 ,O2Er :.,..;};..:.}: .::::::. }}:.}: -:.;:r,:: ::.:.::.,..,,.:x:.osS:::..,:{.:.i :.::.:::r:.,?y... :.N•..;ru:..,i i. ::}i;� +i,:. iv` ::}}n?t\vw.:V:w::w:::::.�:::v.{v........, i:.•;•}:Vfia:}isi^•:}r.}'f.{::::•.y+"�'`" '•;'•;•.•}n�•a..•.'•\4:iti4:::ia::av�•'fini;•:i/V:.}:+Sr •'i��I�L '+.'��;• +�� i:fr::rr/.... giditREMIERIEBinligirk riatieNumberemormsEctocoinume ........ ...............:.........:::::::::::::w:::w.v::;;:...:w::;;.......:• ... y'�i��''� ;. ;n}}}},v.•}X+iY'::}::}::::F::S:ri4•:i:;::ti yay; xv$:v};;'v, •ii:{.QS>•} .. .:.}}:-}}}}}}:•}:•}:•}:.}}:a}}}:;•}}}:`.:............:•}R-tip}}:•}:•}:i•::i : vo E j;.4'{} - •iiisivii:+{?:??;'•:}ii:iii::.V::: ;{y' ... rsgemfiggearommoviawimaigol • •}xia:ii.}}}}}:.:. a}:aY.::}:•:uox ita:c<.t+..},:}::•:.::}r: ....:.:.::............ .......................................................................:v:::::::::::::::::::::::::::w::::::::::::::::::::::.v.�.,v:::Y:S::::m}':'W:iSti44::;•:S':SS•:SS:^}:i:a:S•}p}vS v. .... e .. R: :: their ..:::::...�::.�::::.isi.;:.}}:{.:.::}}:i•}y:':.:. ;-' : : :: . .:.:. ..:..::::: ::.::::::.:•: }:.: :.;'.. <>i{:;':i. ..,i:•..:...::.: .} ..:.::..,:....;{: : ".::..�....::.{.. «:..:.. :tom::: ::o : .' �:!.4k.:.: >.0.# :• at.::.-:>:: .::...w::::::.�::::.•::::::::::x:::::::::::::+.}:::+}}}}}:i.}..•;ia}}}}}};;.}}}}};ia}}}}}"}:•i}}}}}}}}:•}}:':}i:::'•:S•}}}}}}}}::4'>::i::i::iii::ii:v:�:::i:: ••-:i::iiii}iiii:':ir.ti:iiiiiiii:•:{x .:}...:.- .::is:i::ii:ii::::ii::j.:ti::::: '...:'{'riiiii{:ii}:::.,,,::::S::p:•::.;::{::::}::.:....:......:♦...ii::....;,.;.....:..: ..:....i'ii ::::: :.' :C?' .. v:}'. .'� :iY'. :}::: }}: '}f4::.' .y::. ........... :::oji}}}tea.<: :::: y:otat>:i :: . . 1111/ :::::n}v;:::,:: .}::}'::;;;::... :};.Vrrr.}' ,;.•,: •.:}••i}'}5::::r.::}i:r.;i� :n}'. ;:::. .,:j.v.:.}'in :�.:.. ..•\rv.i:;•'{.. :n.{.:. :V :• :::::•.y ' . ats e C C C C C C I C . i , It I r'''I GENERAL PROVISIONS § 1.015 I IC ! Ch. 1 with or incident to the elections should be Election officers appointed to hold the I paid out of the maintenance fund of the election for district school trustees in each school districts. Op.Atty.Gen.1949, No. V— school district shall hold the regular elec- 865. tion for county school trustees or county school board members. Such election offi- cials shall be compensated solely by the which are used in a city election should be school district, and the district shall pay out paid for by the city, and city clerk is re- of its available maintenance fund for the quired to perform each act in city election election supplies used in conducting the that is required to be done by the county election for county school trustees or coup- clerk in general elections held in the county. ty school board members. Op.Atty.Gen. Op.Atty.Gen.1949, No. V-865. 1970, No. M-645. 1.015. Residence (a) In this code, "residence" means domicile, that is, one's home and fixed place of habitation to which he intends to return after any tempo- rary absence. (b) Residence shall be determined in accordance with the common-law rules, as enunciated by the courts of this state, except as otherwise provided by this code. (c) A person does not lose his residence by leaving his home to go to another place for temporary purposes only. (d) A person does not acquire a residence in a place to which he has La" come for temporary purposes only and without the intention of making that place his home. E (e) A person who is an inmate in a penal institution or who is an involuntary inmate in a hospital or eleemosynary institution does not, while an inmate, acquire residence at the place where the institution is Ilocated. Historical Note Prior Law: Acts 1963, 58th Leg., p. 1017, ch. 424, Acts 1905, 29th Leg., 1st C.S., p. 528, ch. § 19. 11, § 4. Acts 1967, 60th Leg., p. 1879, ch. 723, Rev.Civ.St.1911, art. 2941. § 21. E, Vernon's Ann.Civ.St. art. 2958. Acts 1971, 62nd Leg., p. 2528, ch. 827, Acts 1951, 52nd Leg., p. 1097, ch. 492, § 25. § 40. V.A.T.S. Election Code, art. 5.08. Constitutional Provisions r Article 16, § 9, provides: one of the right of suffrage, or of being "Absence on business of the State, or of elected or appointed to any office under the ► the United States, shall not forfeit a resi- exceptions contained in this Constitution." dence once obtained, so as to deprive any Law Review Commentaries it Durational residence requirements. Den- Student domicil. 25 Baylor L.Rev. 481 nis Anderson and Dennis L. Lutes, 26 (1973). Southwestern L.J. (Tex.) 538 (1972). 17 L I PROPOSED CITY CHARTER CITY CHARTER AMENDMENTS: REDLINED COMMENTS CHAPTER I INCORPORATION AND POWERS OF THE CITY 1.10 Platting of Property Should any property situated within the corporate limits Under state law the city may regulate only of the City :.:or within Y"� k:': "`""`"-i""'"A"'"` 5"' that area outside its boundaries that is within be hereafter its extraterritorial jurisdiction (ETJ). With the platted into blocks and lots, the owner or owners of i%g city's current population, the ETJ is one mile; said property shall comply with the general plan of the therefore, this reference to five miles is City, all provisions of the ordinances, rules and incorrect. regulations of the City, and all provisions of the applicable State laws. CHAPTER II CITY COUNCIL AND MAYOR 2.01 Governing Body The governing and lawmaking body of the City shall consist of the Mayor and six Council members and shall be know as the City Council . 2..02 Elective Officers :::::»:h:: :.. .. - .. . 0400 These amendments to Section 2.02 establish an election system whereby council `.<`:::> :: : :::_<. are members elected at large, but may they W.Va. .::::.:::�:::::::::::::::::::::�,:. ::::,.�:x::::►.::::::::::::::. only become a candidate for a place that is designated for the district in which they live. .::;::::�::,t •,lint' €ar <o the :y located i t zt f to >.w`.,' >'l s r c 2' a11<1 drat mcc:Ot igigg" ted f�er:;trii'� ii�z'.::_:»:�:;_:'`�a�<g4aiidof�i :: >:> i.o .......::::::::::::::. ;: a�i < tt(Mai. :.:............................ ::::::::::::::::: iaott t�iL Stato> ga K :::st The city is divided into three districts, and 1:' P a<ar;4; 1 fi it a s&d nttx€ two places are designated for each district This proposal requires that a person have SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 1 ;:' : ' : : v :> :' :•:::::::'< v.: 4-:vw'v resided in the district 180 days before oig-•-- election daMPIliaiViiMfiladautigitogiiAiRo.tosyy. islrct3= ........:.:::::::.................... . 11 OFINTiiiiiiaii.Oftliesiimmoviiimakim. :?•:f+.-i'+:-i:::::iii.4:??'r,:^it}!i5:•i}::ixrr.};} ;:.::iiii;�ii:�is?n;??n}r???{??rp;.};ri�ur�x:rr:r� x n : bau er':t ni <:vf h.#?r '':..a.:. :: iii id::tb i�G .: t R�>r��::�� ,fir ...;.�..,..`-��� �'`� $;: �....:::::: .AiA�.':'1_'�iiµ::::�:?:�n.<,n{?{{'-..i:.;:�y'ly���,{y �f.�;��tii:;iey,t::!{b{f�.?n;?�^yy:•:;;;C??:M; •-x�?i??e?:(yf.:Y�;:p::--?j?•ii:YF! ." In order to maintain the staggered terms and .�i�li{a%l2k7�;.+:ili::yi-:f'J�F �g'N��A�;iF-1iR4t11 ��,,?� \1S:g7::ri.1L'?:�':,�';ti� not have the te rm rm for more than on e place ce r ` IR§1 > ;f:K ers: a :€mid from a district expire in any one year, place < '. ::::::::y..: :;::::.,.:::::::::n.,:::: numbers are assigned to begin terms in the Y?:%::%'{::'Y:i::ii?:: i�:ii:F`::::::iCC:i:'::::�:':::::f-''?i:::ry::::i::.:ti:i:j::vi::::.:.:.:':i2:}:i i.:'"''iiii::i::`::i`:S::L`v:' : :: : : ::':.::::<::<': :::::::::::..:�::.,..:;i::...:.;<..� .x...?.�.: next three elections. t o:'_'"<s 1i> e eted fi a i it is< three ye::: w ose tm n be pw t :: ;wa firms .:.:.-..�..:;....?:i:::::::::�!Y:':Iyv::v?:::: :::".iii;::`':::ii::::i:::i}i:::{i}::::::?:::::::::':.::v::!:?::n::::i?.k:x:t.�rh::x{x.:;}:: . . o *l g€haon var the t o t>, asig For the transition between now and the — {%;ii::f iii::;:}':ni :n:::: ii:i:::::i:i;':::::::::::::::i i.,...Q'..... ::::::C}:vi:?.?.:::%:?<::'ii:v:ii>::::i::: :'.;: Ru> :> MMA011� <: IP94 election in 1997, place numbers must be .................................................................................................... ..........::..:...:..::... reassigned for the current council members. r. :..::.:::::::::. ::::::::::::.::..:.:.. .:.::.::. This proposed reassignment is based upon 04g- ::-n.•MEMEiiiiii�r'������'��'� the expiration of the terms now being served ':::s -:•>:i:-::<??':??::?•:????:?-::<-:x•:->:•:<::_:>:>::?::>:-xi? t.64 ?<->:????• and the location of residences of incumbents :.;:.:.;:.:.:: ?i;?i.><?.;:.:?.;:.:;:;::::??.;::..;.;. :.:??.:?.;:?.:: ...:: ;: .;..:.;:.;::.;:x.::• who are eligible to run again. For example, ;ice abaveMOM .unit ir` tliainaReVIEWEISksotaiiiiikeS the term for the current Place Numbers 34 maewlowaimempeoptgostmogol and 5 expire in 1995. The incumbe nts in > > : zPlaces Oilla�a �<# <>I�I<i<iillll��........ 4 and 5 reside in the ne w w Districts 1, '< b ace. . and 2, respectively. The incumbent in Place > . : m . ... :::....::....: :...........:::..:..:...:........................... ........:.... Number 3 is not eligible to run again, and this place is thus assigned to District 3. afafY23ClITtIt?S.�Ii"CS:II3PXI3P : Gft .:-:iN::::::....::: I 004. 4 There arecurrently ti<.stets€:�`�totie :t �xl. no council members :>:ti='>.:::> ::::::: : ::.: . . ::::::R: z ..;.x' residing in District 3, and during the Pfau i ii<Ue iiiS<ii 'aARE:';hiWi " transition, two places must be assigned to ............................. I that District. ....................................notnia. ................. .. . . mngiiiNa.ogiiormoo i texpa:.::Q u t.s: It be cIe ted;: ;>a::;igigA iij. Lc -� �"�'�' ������' Redesignating these places as Place 9 9 op . .: .::::::::: .:::::: ::.::::::::::.:::::::::::::::::::::::..:. ::::::::::: Numbers 3, 2, and 1 permits one person to be elected from each district in the first election under the new system, and the new place number designations allow incumbents with remaining eligibility to run for office effise--fef-a-44-ee-(3)-year-term,gpen-expication-of-the again. - SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 2 This holds true for 1996, but there are no more incumbents who become ineligible to run again during the transition period. Therefore, in 1997 when the terms of the Mayor and Place 6 expire, the incumbent for Place 6 will reside in District 2. Since Place 6 is designated for District 3, unless this incumbent moves his residence to District 3, he will not be eligible to run for Place 6 again. This result is inevitable for some 1992. incumbent since no council member currently resides in District 3, and no other incumbents become ineligible to run during ' the transition. The term of the municipal judge is changed , to correspond with city council three-year terms. 2.04 Qualifications WiEggigggigitg :.: Each ::«::::>::»:« ;:: ::>::: .::>:::;::<:::_ `' candidate for Mayor t -end Councilman member shall meet the following qualifications: (1) shall-be at least twenty-one (21) years of age; (2) shall be a citizen of the United States€ (3) -be a qualified voter of the City: (4) Shall- 41 an have resided for at least twelve .:::::.:.::.:.....::::... (12) months preceding the election within the corporate limits of the City; an . > 4t:24 2(*)<f r Pta :I : 1t r wha h,t 04) When any member of the Council no longer possesses all of the qualifications specified in this section, or is convicted of a felony or any offense involving moral turpitude while in office,t e-sueh office shall immediately and automatically become vacant. The Council shall be the judge of the qualifications of SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 3 I ' its members and for purposes shall have the power to subpoena witnesses and require the production tiller of records, but%the decision of the Council in any case shall be subject to review by the courts. 2.07 Mayor Pro Tem and€< a ,» P:, I At the first meeting -o€ each g itiragatigii The reference to "new Council" in Section i Glec is iiz f4{< ,mew-Council,or as soon 2.07 is clarified. thereafter as practicable, the Mayor shallxwt lilt fiCgvg± f€ app oint one of the Council• manas mayor The provision for the Mayor Pro Tern to k f.>vd o` '' """pttt' "�"`'V"„""'> ` .:whoserve as Mayor until the next regular election Pro Tem tl tl�R q:. ::; f4`;C' shall y g hold f#e r offices for one year. The Mayor Pro Tem if the Mayor's place becomes vacant is shall perform the duties of Mayor in case of the absence removed. Article XI, Section 11 of the Texas or disability of the Mayor, Constitution requires that all vacancies be filled by election held within 120 days in In case of absence or disability of IIboth the Mayor and the Mayor Pro Tem, the remaining cities with terms longer than two years. to act as duty Mayor Pro Tern N a l peth r the The appointment of a Deputy Mayor Pro E u i% i' i )vi Tern is proposed to be added. 2.08 Vacancies; Forfeiture of Office; Filling of Vacancies r (a) Vacancies. The office of a Councilman F it shall become vacant upon t ? Coil ........ ........ I,,,, memo"$-his death,resignation,removal from office(in ..:....:::.:... any manner authorized by law), or forfeiture of-his office. a ........................................ (b) Forfeiture of Office. 1'#ei<Itiaysaioc The term "elected official" is eliminated here n atiiinteiiif ei€ shall forfeit his O. because the municipal judge is also an ,� het office if tti ntg» s t aiiwai€ €)t o elected official, and the provisions in this ..:..,....,....,........:::::...::.... he section are not appropriate for the municipal (1) lacks any judge. qualification for the office prescribed by this charter or by iit r law; (2) violates any expressed prohibition of this charter; (3) is convicted of a felony crime or is convicted of a crime involving moral turpitude; or (4) fails to attend two consecutive regular meetings of the Council without being excused by the Council. I (c) Filling of Vacancies. va r ut i the:iO 1. :it o ; i e r SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 4 ,a. The office of Mayor is added to this .,a special provision on filling a vacancy because of the election shall be held on the net election date constitutional requirement mentioned above. authorized by the Texas Election Code that is a least 45 days after the vacancy occurs for the purpose of filling `m, 0-such vacancy. If the vacancy occurs within ninety (90) days 2.09 Meetings of the City Council The Council shall hold at least two regular meetings each month on the first and third Tuesday evenings of -said month at a time to be fixed by ordinance—for , unless e-sueh dates fall on a regularly observed City holiday, provided that the Council mays-ordinance establish as many additional Section 2.09 is amended to permit the regular meetings during the month as may be necessary Council to schedule additional regular for the transaction of the business of the City and its meetings without adopting an ordinance. citizens. All meetings of the Council Shall be open in accordance with and except as provided by the 044 Open Meetings Act, Chapteroigigfriggiggitggigiigoig eri '.s roigI le i of d Article 6252 17 of There is a new statutory reference for the ............................................................................ ............................................................................ , and shall be Open Meetings Act. held at the City Hall, except that the Council may designate another place for Ere-such meetings. 2.10 Special Meetings The Mayor or a majority of the other members of the Council may call special meetings by giving notice to the City Secretary who shall notify each member of the Council of the time of 0-sue meeting and purpose thereof. Only matters set forth in an agenda posted in accordance with the i Open Meetings Act, fa to There is a new statutoryreference for the . d :.............:::::................::.:..::..........::.....::::.........::......:.. Open Meetings Act. Az}nOt it` ' ....................... ........................ Civil-Statutes, shall be considered. 2.11 Rules of the Council; Minutes and Procedures 4 The council shall provide for citizen participation at any meeting with regard to any matter under consideration in accordance with rules and regulations as the Council may provide. The Council shall provide for minutes being taken and recorded for all meetings, and such minutes shall be a public record. Minutes of all meetings of the Council shall be promptly entered within forty-eight (48) hours after approval in the permanent official records of the City, and the City Secretary, or other designated person, shall at the same time provide a permanent and adequate index showing SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 5 the action of the Council in regard to all matters The roll call vote is often burdensome and it submitted to it at both regular and special sessions. should be considered whether the City Voting, except on procedural motions, shall be by roll Secretary is able to record the votes with call o?C .'>:'tktC and shall be recorded in the minutes. The vote upon the passage of all ordinances some other method of voting. The charter and resolutions shall be taken by the "ayes" and "nays" should be at least flexible enough to allow and entered upon the minutes, and every ordinance or for a system whereby votes are displayed resolution,upon its final passage,shall be authenticated electronically. by the signature of the presiding officer and the person performing the duties of the City Secretary. 0.0 Any item requested by one(1)or more members of the Council or by the City Manager shall be placed on the agenda by the City Secretary. The Mayor will establish the order of the agenda for each Council meeting. The City Secretary shall prepare the agenda, which shall be publicly posted at City Hall in accordance with the Teas Open Meetings Act, apte 1 There is a new statutory reference for the Article ....... Open Meetings Act. Zinaiddititallitsiatutetinduct :.:...:;:::::.:::::.::..:.:.:::.:::::.:.::..:.._:::::«::.::.:.;; This proposal would require the City Council tY ............................................... to adopt a Code of Ethics and Conduct. #00014tobdagt kailin0J0Wolloputiatmingoog tio CHAPTER III RESPONSIBILITIES OF THE CITY COUNCIL # # # 3.11 Action Requiring an Ordinance Via} The Council shall legislate by ordinance. In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the Council shall be by ordinance which: (1) Adopt or amend an administrative code or establish, alter or abolish any city board, department, office, or agency; 1 (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 6 I (3) Levy taxes, except as otherwise provided in Sections 9.01-9.11 with respect to the property tax levied by adoption of the budget; (4) Grant, renew or extend a franchise; (5) Regulate the rate charged for services by a public utility; (6) Authorize the borrowing of money; (7) Convey, lease or authorize the conveyance or lease of any lands of the City; (8) Adopt with or without amendment ordinances proposed under the initiative power, and (9) Amend or repeal any ordinance previously adopted, except as otherwise provided in Section 7.30 with respect to repeal of ordinances reconsidered under the referendum power. Acts other than those referred to in the preceding sentence may be done either by ordinance,resolution or minute order. c iigpoi d ego ': All ordinances and resolutions may be passed at any regular meeting or special meeting called for that purpose, provided notice has been given in accordance with the 'T'Txas Open Meetings Act, Mtigtiiiiim There is a new statutory reference for the Open Meetings Act. 3.13 Procedure for Enacting Ordinances, Publication to Upon introduction of any ordinance by a Council member,the city Secretary shall distribute a copy to the Mayor,each Council member and to the City Manager, and shall file a reasonable number of copies in the Office of the City Secretary and such other public places as the Council may designate. All ordinances,exclusive of emergency ordinances,defined by Section 4. 14 3.11 of The reference to Section 3.14 is corrected. s-the Charterer-the-city, shall be cpS4 ` a in open meetings of the Council tit-eft two The requirement to actually read ordinances (2) separate Council meetings2:03§0: OM which is eliminated. This change will still require shall be a regular meeting ordinances to be considered and adopted at The two meetings. The requirement to actually City Secretary shall publish the proposed ordinance or read ordinances is a holdover from a time lbw its caption and penalty together with a notice setting out when many citizens could not read, and this the time and place for a public hearing thereon and for SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 7 I its consideration by the Council at least ten (10) days was the only way they had of knowing what before the second meet n at winch t i rie `is :.: .�_::._:::::::,::::.::::.:::::...:....::::::. ::::,<. a new ordinance was about. It is 0$140004-reading. All persons interested shall have unnecessary and no one listens any the opportunity to be heard. After the hearing, the way. Council may adopt the ordinance with or without amendment or reject it but, if it is amended as to any matter of substance, the Council may not adopt it until the ordinance or its amended sections have been subjected to all the procedures hereinbefere required in the case of a newly introduced ordinance. The City Attorney shall approve as to legality all ordinances prior to final adoption. Except as otherwise provided by law or this Charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty,fine or forfeiture for any violation of any of its provisions, and of every other ordinance required by law or this Charter to be published,by causing the said ordinance or its preamble and penalty, to be published at least one(1) time within ten (10) days; after its final passage—thereof in the official City newspaper. The affidavit of such publication by the publisher of the newspaper taken before any officer authorized to administer oaths and filed with the City Secretary,shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. All ordinances requiring publication shall take effect; immediately upon publication; unless otherwise provided by --sueli ordinance. (c) Every ordinance shall be authenticated by the signature of the City Secretary. The approval or signature of the Mayor shall not be necessary. Every ordinance enacted by the Council shall be filed with the City Secretary who shall record all ordinances, orders, and resolutions adopted by the Council in a properly indexed book kept for that purpose. CHAPTER V COURTS 5.02 Judge of the Court The"Judge of the Municipal Court", shall be elected by the qualified voters pursuant to state statute. The Judge shall be an attorney in good standing;-and licensed to practice in the State of Texas,< d t►e d !'r;:j;Y i}i?}%;;:::}ji';::i"Y$•Y4:iv:?�::};::::'.:;:n:::Y':i:ii:::::ii: C:€i and must meet all other qualifications established SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 8 • by ordinance. The Judge shall serve for a ilii:aft*twe (2)year term. The Council shall fix the compensation for the Judge and such compensation shall never be based on fines assessed or collected. CHAPTER XI PLANNING AND ZONING 11.06 The Master Plan tii.) The Planning and Zoning Commission shall formulate and recommend to the Council a Comprehensive Master Plan and shall consult with the City Manager and with other City departments regarding planning. ky The Master Plan for the physical development of the City shall contain the Commission's recommendations for growth, development and beautification of the City WitOtigaggiiiraitfitififigeWfailitiffiral nban OPKI! aty ndw1f of 3044'44 pyifoogimg.gom:440.vmspacqii&m:i togg":0#440totigwo.iitg* taiuggoisigkiNgeogig 01.1$04300ENNifirgifi 16sav0yipAni"ttet Vflittf."' (§)A copy of the Master Plan,or any part thereof,shall 4111. be forwarded to the City Managers Council, which may adopt this plan in whole or in part, and may adopt any amendments thereto after at least one public hearing on the proposed action. a, This--Mierter--12kn,shall-he-updated-en-aft-am s,annual basis aft4--shall--eentain—the—plaftnifig—eensicleratiens—fer--a pe,r-i444-4--ten--(40)-yeaf&---Tkis--plan,shall-be-fafwar-cle4;4 PAGE 9 thereon. >' iie> ogwgrigt nmg::;andr tun : numtssxon.a td;u.:;:::tei 10 ':. <4o ..and ^'roy,�C,"`^K'�'9•.',y a,.,.•-•�.:x�,wa••;�.:r:•:,+ •+ o�wi•.;;�;r.}y:;::a::�:•.,*�n-•.:c.q:rMr..:p+•.-.�-:•�P. va.+ p'y{i,�i.+(N.,���M,.���]y�iryiv;�{..k:j'!L:v:ff+...^[!i•:F.SfN.:..i::a'•':SSkvi:;Y.pY..: •::-yr:y :::}II: E 1ggii(;ik fE It .... .................................................. ...: .::{::;:;f;: �:. '' : y:��� :;•:y::xr�:"::;%;::<;:•:;::<;i:.>:;:c;<ccf:y�••:n:+;�•;^.rw•:+:cn updating >t'a :: :kk::. :< :.>>: .:: :;: ?�":::::%'�::c;r2:`::::::::%��':::::;:��>:%�.�;;;;:;;;..:;:<:k::kk:;;k:;k::::::k::i:%:;::k:•;:%:;::->:-::-::-::->:->::::.:.;::.:.::.ars•-•�`:r.G�K??t!Y. The Council shall act on such plan, or part thereof, within sixty (60) days following its submission. If such plan, or part thereof, shall be rejected by the Council, the Commission may modify such plan or part thereof, and again forward it to the Council for consideration. rat, All amendments to the Master Plan recommended by the Commission shall be submitted to the Council for approval in accordance with the procedures required by this Section 11.06, and all other recommendations affecting the Master Plan shall be accompanied by a recommendation from the Planning and Zoning Commission. rq lb A PAGE 10 , „ E , , C..., § 1.015 INTRODUCTORY PROVISIONS Title 1 Proposed changes in residence require- ments for voting. Mary K. Wall, 28 Texas • Bar J. 105 (1965). Library References • Elections e=.71 to 78. C.J.S. Elections §§ 19 to 25. Notes of Decisions Abandonment 7 Question of residence is one of intention Armed forces 10 and of fact. McBeth v. Streib (Civ.App. Boundaries 12 1936) 96 S.W.2d 992. EConstruction and application 1 Term "residence" is an elastic one whose Determination in other matters 14 meaning depends upon circumstances then Employment 5 surrounding person, upon character of work Evidence, generally 13 to be performed, upon whether he has a Fact questions 15 family or home in another place, and largely House 4 on his present intention. Mills v. Bartlett Jurisdiction 2 (Civ.App.1964)375 S.W.2d 940,affirmed 377 Jury questions 15 S.W.2d 636. Married persons 9 Presumptions and burden of proof 16 Neither bodily presence alone nor inten • - Procedures to determine residence 3 tion alone suffice to create residence, but Questions of fact 15 when the two coincide, residence is fixed ' Review 17 and determined. Mills v. Bartlett (Sup. -,. Single persons 8 1964) 377 S.W.2d 636. Students 11 Temporary absence 6 Question of residence for voting purposes is one which must be determined by refer- r' ence to actual facts and circumstances, one of which will be the intention. Guerra v. 1. Construction and application Pena (Civ.App.1966) 406 S.W.2d 769. Meaning to be given term "residence" A person at least 18 years of age may depends upon circumstances surrounding determine his own residence in the same the person involved and largely depends on manner and with the same legal result as { present intention of the person. Guerra v. could any other adult. Op.Atty.Gen.1974, I Pena (Civ.App.1966) 406 S.W.2d 769; Mills No. H-301. '.;, v. Bartlett (Sup.1964) 377 S.W.2d 636. Volition, intention and action are ele- 2. Jurisdiction • ' ments to consider in determining where a In action to enjoin Texas voting registrar person resides and in denoting permanent from refusing to register college dormitory residence or domicile. Guerra v. Pena (Civ. residents to vote unless they had estab- App.1966) 406 S.W.2d 769; Mills v. Bartlett lished that they intended to remain in corn- (Sup.1964) 377 S.W.2d 636. munity after graduation, district court had All rules for determining residency must pendent jurisdiction to decide controversy be considered in making determination of between registrar and State of Texas relat- residence of voter registration applicant. ing to whether Texas Secretary of State, Ballas v. Symm (D.C.1972) 351 F.Supp. 876, pursuant to powers granted him by former affirmed 494 F.2d 1167. Election Code, had power to prohibit regis- trar from using questionnaire pertaining to Intention of voter to retain residence residence. U.S. v. State of Tex. (D.C.1978) where he had been living entitled him to 445 F.Supp. 1245, affirmed 99 S.Ct. 1006, { vote there, though he slept and ate else- 439 U.S. 1105, 59 L.Ed.2d 66, rehearing where. Rathgen v. French (1900) 22 Civ. denied 99 S.Ct. 1433, 440 U.S. 951, 59 App. 439, 55 S.W. 578. L.Ed.2d 641. In determining whether voter was resi- dent of county, voter's intention was mate- 3. Procedures to determine residence L. rial. Hogg v. Waddell (Civ.App.1931) 42 State may enforce valid local residency . S.W.2d 488. requirements and may employ inquiry pro- 18 GENERAL PROVISIONS § 1.015 Ch. 1 Note 4 cedures reasonably related to that end. making his vote illegal. Wright v. Marquis .`; Wilson v. Symm (D.C.1972) 341 F.Supp. 8. (Civ.App.1923) 255 S.W. 637. Record established that local officer re- In contest of election resulting in favor of sponsible for registration of voters acted in consolidating school district with another good faith in requiring college students to such district, trial judge's findings that hus- complete questionnaire relating to residen- band and wife, whose votes for consolida- cy Id. tion were challenged, sold their home in Only reasonable relationship to state in- district and moved outside district before terest in determining true residence of vot- election, that husband, immediately after er registrants is necessary to uphold proce- sale, began seeking another place of abode dure for determining residency. Ballas v. in district, with intent to return thereto as Symm (D.C.1972) 351 F.Supp. 876, affirmed soon as he secured such place, and that he 494 F.2d 1167. negotiated trade with tenant for land in district before election and was negotiating Requiring student to fill out question- for landlord's consent at time of election, naire in connection with his voter's registra- did not support court's conclusion that such tion in order to enable registrar to deter- ! souses were residents of district when mine residency was reasonable exercise of they voted in election. Major v. Loy (1941) state's right and duties under powers re 155 S.W.2d 617. served to it under Federal Constitution. Id. Under former Election Code,Texas Secre- Evidence sustained finding that husband tary of State had power to bar voting regis- and wife, who had moved into school dis- trar from using questionnaire pertaining to trict three months before school district residence of prospective voters, particularly consolidation election with declared inten- tion of makin their home in the district, where there was substantial evidence that g questionnaire had been used as integral were residents of district qualified to vote part of pattern of conduct which abridged at election, though they owned a house out- • voting rights of segment of citizenry. U.S. side district, which was rented to son and v. State of Tex. (D.C.1978) 445 F.Supp. on which owners claimed homestead exemp- 1245, affirmed 99 S.Ct. 1006, 439 U.S. 1105, tion. Cramer v. Graham (1954) 264 S.W.2d '; 59 L.Ed.2d 66, rehearing denied 99 S.Ct. 135, error refused. „`i 1433, 440 U.S. 951, 59 L.Ed.2d 641. Where voter's actual place of habitation a was with her husband and children in city ;:i 4. House outside of county from which she operated That a man's wife and children resided on her ranch property, voter's ballot was inval- their homestead fixed his residence there, id in statutory contest of county judge's although he may have taken but one meal a primary election. Atkinson v. Thomas (Civ. :4 day there and spent the rest of his time on App.1966) 407 S.W.2d 234. another farm; as residence is largely a mat- I ter of intention, and absence will not alone Where husband and wife had no fixed i 1; destroy a residence once fixed, that a voter place of abode in Irion county to which they had been abroad and out of state a great may return after leaving and only hab- deal, nothing being shown with regard to itation to which they could have returned his intention, did not destroy his right to was trailer, which they sold, and residence vote. Marsden v. Troy (Civ.App.1917) 189 in Irion county depended solely on their S.W. 960. intention to return, husband and wife were Where only home to which a voter could not legal voters in Irion county and their =4 go was that of his wife's father in another ballots would not be counted in statutory ' county where wife made her home, and he contest of county judge's primary election. ',I had no fixed intention to build and establish Id. a home in county of an election, his vote in Evidence that voter moved out of county i 1an election was illegal and properly deduct- in order that his daughter could care for his ed. Wright v. Marquis (Civ.App.1923) 255 invalid wife and that voter owned home in S.W. 637. county to which he intended to return when Declarations by a voter that he was going condition of his wife would permit return to remodel a house in another county, had sustained finding in statutory contest of already furnished it, and would make it his county judge's primary election that voter home, were permissible to show intention to was resident of county in which he voted. make other county his permanent home Id. 19 i 1 - I ., z, kw § 1.015 INTRODUCTORY PROVISIONS Note 5 Title I 4 5. Employment Where voters graduated from high school 4 CA married couple were entitled to vote in in county, left county to attend college and county in which they had their home and then took jobs with governmental agencies, paid poll taxes, although husband had left all had families in county, all had their cars s county to obtain employment and had se- registered there, and they only rented cured a position with a company which sent places where they presently lived and ;` C him from place to place where his services worked, they were residents of county for were necessary. Clark v. Stubbs (Civ.App. voting purposes. Rodriguez v. Thompson .. 1939) 131 S.W.2d 663. (Civ.App.1976) 542 S.W.2d 480. ,s E A state highway patrolman was entitled Residence of federal government employ- to vote in county which he claimed as his ee for voting purposes was where his home , home and in which he paid a poll tax and was be fore he became employee. Id. owned land, although he was subject to The domicile or legal residence of the '',' assignment to any portion of state and had County Commissioner of Precinct No. 2, been assigned to a city outside county for Webb County, Texas, was in that precinct three years. Id. where he intended to live and maintain his A federal employee was entitled to vote home, although his wife and children lived in county which he claimed as his home and outside the precinct. Op.Atty.Gen.1963, in which he paid poll taxes, owned land, had No. s. G158. voted for 15 years, and in which was located 6. Temporary absence y` house to which he returned after trips ne- A widow was entitled to vote in countyin cessitated by his employment. Id. which she lived with her daughter-in-law, Evidence justified conclusion that woman although she temporarily left county with • voting in certain voting precinct of certain intention of returning. Clark v. Stubbs county in primary election no longer main- (Civ.App.1939) 131 S.W.2d 663. tained legal residence in such county, but A voter was entitled to vote in county in + . resided outside state, so that her vote was which he maintained his home with his par- invalid, though she was employed by feder- ents, although he left county, with intention al government at her place of residence. to return, for temporary employment in an- Spraggins v. Smith (Civ.App.1948) 214 other county. Id. S.W.2d 815. Evidence supported finding that candi- In proceeding to contest primary election for nomination for office of county commis date who went to Van Zandt county more sioner, evidence sustained finding that "res- than six months prior to primary election idence" of a husband and wife for voting 1 for office of county and criminal district purposes was in county where they owned a attorney and entered into binding contract home and paid poll taxes and in which they of law partnership and employment and to had resided for 24 years, although they had all intents and purposes decided and de- temporarily left county in order to place dared that his residence was Van Zandt their children in school with intention of county had become resident of the county returning. McBride v. Cantu (Civ.App. as was required by the former Election 1940) 143 S.W.2d 126. Code. Mills v. Bartlett (Sup.1964) 377 S.W.2d 636. A voter does not lose his residence for voting purposes merely because he in good Voters who maintained a permanent resi- faith is only temporarily absent therefrom ,,, dence in precinct but were gone part of due to ill health or for business or profes- each year because of his work were resi- sional reasons. McGehee v. Boedeker (Civ. dents of precinct for voting purposes. Gu- App.1947) 200 S.W.2d 697. erra v. Pena (Civ.App.1966) 406 S.W.2d 769. Even though person may be temporarily Evidence that voters were migrant farm out of district, if his intention is to return, workers with permanent residence in pre- he is qualified voter in district. Jordan v. cincts supported finding that they were Overstreet (Civ.App.1962) 352 S.W.2d 296, qualified voters. Guerra v. Pena (Civ.App. error dismissed. E196(i) 406 S.W.2d 769. Single man, who lived in voting district, Person may transact business in many who was temporarily staying at hotel be- places but he can vote in but one place and cause of illness, and who did not intend to that is where he resides. Atkinson v. give up his former residence, was qualified Thomas (Civ.App.1066) 407 S.W.2d 234. voting resident of district. Id. • 20 E .. GENERAL PROVISIONS § 1.015 Ch. 1 Note 8 Husband and wife, who had lived for A minister was not entitled to vote in a E • three years in voting district, who, three county in which he had formerly lived, but months prior to election, moved to another from which he had moved to another county county so that wife, who was expecting with no intention to return. Clark v. E .' child, would be near her doctor, and who Stubbs (Civ.App.1939) 131 S.W.2d 663. .. retained furnished home in district to which In action contesting election of city alder- man,intended to return after birth of child, man, evidence sustained finding that certain Ewere qualified voting residents of district. voters, who had moved to another county Id. and had not returned until less than four A removal to divest one of his right to months before election, were not entitled to vote must be accompanied by an intent to vote. Sepulveda v. Trevino (Civ.App.1957) make a new domicile and quit the old; mere 301 S.W.2d 957, error dismissed. E • removal, coupled with an intent to retain Where voters had resided for a number of the original domicile and return to it, will years in election precinct within school dis- not constitute a change. Guerra v. Pena trict and had lived and voted there until (Civ.App.1966) 406 S.W.2d 769. they moved to area outside of precinct after Voter's intention to return to particular school consolidation election, notwithstand- county after lapse of ten years did not ing tax collector's designation of area to E . make his abode outside of county a tempo which they later moved as their residence in rary one. Atkinson v. Thomas (Civ.App. Poll tax receipts issued just prior to elec- . 1966) 407 S.W.2d 234. tion, persons continued to be residents of original voter precinct at time of election Where there was no evidence, other than and until they actually moved with an inten- voter's expressed intention to return to tion to abandon their old residence and to county after his child finished school in ten take up new residence. Walker v. Thetford years, that voter had been resident of coun- (Civ.App.1967) 418 S.W.2d 276, ref. n.r.e. -. ty within six months prior to date of party primary election, voter's ballot was invalid. 8. Single persons +�► Id. Fact that single men change their places Evidence that voter had worked in Irion of residence more frequently than married County for 46 years but had moved out of men does not change their definite legal county after his wife became ill and that he rights for voting purposes. McBeth v. E . would return to county if his wife's health Streib (Civ.App.1936) 96 S.W.2d 992. improved was sufficient to sustain finding A single man was entitled to vote in coun- that voter was resident of Irion county for ty in which he maintained his home, al- voting in party primary election. Id. though temporarily working in another county. Clark v. Stubbs (Civ.App.1939) 131 7. Abandonment S.W.2d 663. That husband was away from home most V.A.T.S. Election Code, art. 5.08 (re- f • of time because of work did not show an pealed; see, now, this section), which relat- abandonment by family of their home as ed to a single man was declaratory of exist- respected right to vote; wife returning to ing law which interpreted residence require- • county after residence in foreign state, and ments under Const. art. 6, § 2. Cramer v. ,, intending to rejoin husband there, was not a Graham (Civ.App.1954) 264 S.W.2d 135, er- resident entitled to vote; one removing to ror refused. foreign state for 18 months, expressing in- Single men, who were employed as labor- tention to make home there, and returning ers on a farm in district two days before E . a few days before election, was not a resi- school district consolidation election, but dent entitled to vote; facts showed that who had lived permanently and voted for voter was not resident of another county, many years outside the district and who left E , - but merely a transient. McCharen v. Mead farm of employment and district seven days (Civ.App.1925) 275 S.W. 117. after election, were not "residents" of dis- Where facts or expressed or implied in trict qualified to vote at election. Id. tention show that voter had left his former Single men who had lived for several residence and moved to new residence with years within the district were "residents" of intention of remaining there, voter lost his district qualified to vote at school district (be_r former residence for voting purposes. consolidation election, though they owned Stratton v. Hall (Civ.App.1936) 90 S.W.2d summer places outside the district, but visit- ,E865. ed them only occasionally, and though one } 21 1 .. EL § 1.015 INTRODUCTORY PROVISIONS Note 8 Title 1 month after school election they voted in V.A.T.S. Election Code, art. 5.08 (repealed; general election outside the district. Id. see, now, this section), which stated that the • Fact that single people returned on holi- residence of a married man not permanent- days to visit parents did not qualify them as ly separated from his wife was where his wife resides, did not operate to make him a ;` residents for voting purposes. Guerra v. Pena (Civ.App.1966) 406 S.W.2d 769. resident of Mexico. Op.Atty.Gen.1960, No. WW-859. Single woman school teacher who re- turned to home of her parents during vaca- 10. Armed forces tions and holidays had voting residence in In primary election contest, trial court did county in which her parents lived. Atkin- not err in holding that certain voter, who son v. Thomas (Civ.App.1966) 407 S.W.2d voted at Rosharon, was a qualified voter at 234. Rosharon, though his wife resided in Bay Where parents of single man who voted City, where he testified that he moved to in parents' home precinct moved into anoth- Rosharon 25 years before and owned and er precinct more than 30 days before elec- operated a business in Rosharon for 25 tion, single man's vote in precinct of par- years and intended his residence to be at ents' prior home was invalid. Zuniga v. Rosharon, and that he ate and slept 90 per Almaraz (Civ.App.1974) 514 S.W.2d 331. cent of the time at Rosharon. Farrell v. Where single man spent only weekends in Jordan (Civ.App.1960)338 S.W.2d 269, error votinEg precinct, vote in said precinct was dismissed. invalid. Id. Where military officer and his wife had always voted in Presidio County since their 9. Married persons marriage, they had continually rented Residence of a married person is one homes where officer was stationed, and of- which must be determined by reference to ficer's wife resided in Presidio County while the actual facts and circumstances, one of her husband was overseas, officer and his which facts is his intention. McBride v. wife were residents of Presidio County for Lt, Cantu (Civ.App.1940) 143 S.W.2d 126. voting purposes. Rodriguez v. Thompson 1WLegal voting residence in the United (Civ.App.1976) 542 S.W.2d 480. States of American citizens who married If at time of marriage, wife of member of Mexican citizens living in nearby Mexican armed services maintaining residence in city was not affected by fact that wives Texas was a resident of Texas but of differ • - resided outside United States, where hus- ent county than her husband, upon mar- band physically resided within United riage she lost her former residence and she States and visited wives periodically. Guer- could not thereafter vote in that county; ra v. Pena (Civ.App.1966) 406 S.W.2d 769. she could vote only in county and voting Where husband spent 97%of time in Irion precinct where her husband maintained his County and wife maintained legal residence legal residence. Op.Atty.Gen.1956, No. S- C in that county, finding in statutory contest 207. of county judge's party primary election The wife of member of the armed forces that votes of husband and wife were valid who maintained his legal residence in Texas was proper. Atkinson v. Thomas (Civ.App. acquired same legal residence by virtue of ': 1966) 407 S.W.2d 234. her marriage without her having actually - Where voters lived with their wives and lived in this State or in county of her hus families in Mexico and were not residents of band's legal residence; and upon fulfilling county, they were ineligible to vote in coun length-of-residence requirements, she would ty. Rodriguez v. Thompson (Civ.App.1976) be entitled to vote in Texas if otherwise 542 S.W.2d 480. qualified. Id. Where a resident citizen of this State 11. Students married a woman who was a resident citi- Statements as to residency which were zen of Mexico, and following the marriage made by college students on enrollment the wife continued to live in Mexico and the shortly prior to commencement of litigation husband continued to live and conduct his over their right to be registered as voters in E business in Texas but spent two or three county where college was located and which nights a week with his wife in Mexico as a were inconsistent with their claim of resi- visitor to that country, he continued to be a dency in such county were entitled to great resident of Texas and was entitled to vote weight and sustained finding that students in this State if otherwise qualified; and were not residents of county where college 22 , GENERAL PROVISIONS § 1.015 Ch. 1 Note 13 was located. Wilson v. Symm (D.C.1972) Verde County v. Aldrete (Civ.App.1966) 398 341 F.Supp. 8. S.W.2d 597, error dismissed. E :-, Determination of whether student seek- 13. Evidence, generally ing to register as voter has changed domi Declarations of voters, although general- cile is matter to be determined under local ly admissible to show residence, are not law and is solely of state concern. Ballas v. controlling if actual facts justify contrary E : Symm (D.C.1972) 351 F.Supp. 876, affirmed 494 F.2d 1167. conclusion. Stratton v. Hall (Civ.App.1936) 90 S.W.2d 865. Texas voting registrar's requirement that Evidence of a married voter's intention college dormitory residents establish that E , they intended to remain in community after can be considered in determining his resi- dence for voting purposes, but testimony as graduation before they could be registered to voter's intention is not necessarily con- to vote violated the Twenty Sixth Amend trolling. McBride v. Cantu (Civ.App.1940) ment. U.S. v. State of Tex. (D.C.1978) 445 143 S.W.2d 126. E i., F.Supp. 1245, affirmed 99 S.Ct. 1006, 439 U.S. 1105, 59 L.Ed.2d 66, rehearing denied Evidence that husband and wife were liv- 99 S.Ct. 1433, 440 U.S. 951, 59 L.Ed.2d 641. ing in Oldham county with wife's father E ,: That an unmarried university student until husband obtained employment in Hutchinson county, that they then moved to during a vacation went to a particular town Hutchinson county where they were resid- and declared his intention of becoming a ing at time of election, and that there was .IE resident thereof, and went from the univer nothing to indicate that they did not intend sity to that place to vote, sufficiently to remain in Hutchinson county indefinitely, showed that he resided therein, rendering established that wife was not a resident of • his vote legal. Linger v. Balfour (Civ.App. Oldham county at time of election. Harwell 1912) 149 S.W. 795. v. Morris (Civ.App.1940) 143 S.W.2d 809. A student was entitled to vote in county Evidence that voter, who was a single in which parents resided, although she was g man, had paid poll tax in Oldham County attending school in another county. Clark where he had resided for a number of v. Stubbs (Civ.App.1939) 131 S.W.2d 663. years, and that at time of election he was 12. Boundaries working for the federal government in Pot- ter County and was maintaining his living Evidence showing that at time of giving quarters in a hotel room in Potter County, of testimony in election contest, voter justified finding that voter had not aban- whose ballot had been rejected lived in the doned his residence in Oldham County. Id. district, was not sufficient to establish resi Evidence that manager of ranch located dence qualifications necessary for him to in Oldham County prior to his marriage had vote. Guerra v. Ramirez (Civ.App.1963) 364 S.W.2d 720, error dismissed. resided in Oldham County, but that after marriage ranch manager and his wife lived Testimony of witness as to his intention is a portion of time in Potter County and a not necessarily controlling in determining portion in Lipscomb County, where wife had his residence, but is an element which may resided before marriage, justified finding be considered by trier of fact. Mills v. that ranch manager and wife were not resi- Bartlett (Civ.App.1964) 375 S.W.2d 940, af- dents of Oldham County at time of election. firmed 377 S.W.2d 636. Id. Intention of certain voters to be a resi- The intention of a person is to be con- dent of one of districts at election time was sidered in determining his residence under overcome by evidence pertaining to poll tax election statutes, where he seeks to vote E . receipts, declaration on school census, prior outside the place of his actual physical resi- ' votes in other district precincts, and fact dence, but declaration of such intention by a that voters were not shown to have moved person denied the right to vote is not con- or taken any action in support of a change elusive of the question. McWhorter v. " of intention. Del Rio Independent School Reynolds (Civ.App.1942) 156 S.W.2d 312. Dist. of Val Verde County v. Aldrete (Civ. In election contest, the calling of resident • App.1966) 398 S.W.2d 597, error dismissed. witnesses to testify that certain named vot- E .,, Where location of boundary line is not ers did not reside in the district, is a proper certain, residence of voters should be deter- method of proving lack of residence qualifi- mined in accordance with recognized lines. cations of such voters; but if district is 1 Del Rio Independent School Dist. of Val large and populous, and witnesses have not 23 L Clir § 1.015 INTRODUCTORY PROVISIONS Note 13 Title 1 an intimate and extensive acquaintance been applied in other civil cases. Fidelity & with the inhabitants, such evidence will be Deposit Co. of Maryland v. First Nat. Bank of little value, and standing alone will avail (Civ.App.1938) 113 S.W.2d 622. nothing. Solis v. Martinez (Civ.App.1954) In Elight of evidence that juror had re 264 S.W.2d 956, error dismissed. turned to Texas from Florida more than six In election contest, testimony of witness- months prior to trial, had not abandoned es for contestant that there were persons her Texas residence and had made fact of residing outside the election district who her Florida stay known to attorneys during possessed the same names as challenged voir dire examination, defendant was not voters, was insufficient to destroy the entitled to new trial on ground that juror , votes, in absence of identification of nonres- was not qualified voter. Palasota v. State idents as the ones who voted. Id. (Cr.App.1970) 460 S.W.2d 137. Evidence that husband had begun move Fact that motivation of candidate for po- of family from Oklahoma to Texas in sition of justice of the peace for establish- March, 1965 and that husband had last been ing new residence was her desire to be in Oklahoma in April, 1965, was sufficient candidate was not relevant to determining to sustain finding that husband, wife and her eligibility to run under the residency daughter had been legal residents of Texas requirement. Bush v. Bell (App. 1 Dist. for more than one year preceding party 1984) 681 S.W.2d 254. $ primary election held in May, 1966. Atkin- son v. Thomas (Civ.App.1966) 407 S.W.2d 15. Questions of fact • 234. Whether a person is a resident of a dis- Objection to photographs and maps in trict for voting purposes is a question of statutory contest of county judge's primary fact. Jordan v. Overstreet (Civ.App.1962) election that there was no accurate way of 352 S.W.2d 296, error dismissed. determining where particular house was lo- �, cated or in which county it was located was 16. Presumptions and burden of proof objection that went to weight of map as State is entitled to assume that students evidence, and not to its admissibility. Id. are transients in their university communi- ETestimony of sheriff that he knew woman ties, so long as reasonable opportunity is voter, but that he did not know her address afforded such students to make showing to and evidence that woman's poll tax and contrary. Wilson v. Symm (D.C.1972) 341 t . " 1 Eproperty taxes were attended to by her F.Supp. 8. attorneys was not sufficient to raise issue Rebuttable presumption of student non of invalidity of woman's vote at party pri- residency is neither irrational nor imprecise. • i mary election. Id. • Id. Where husband and wife listed no proper- ty for taxation in Irion County, witness Evidence was insufficient to warrant the • testified that husband and wife had lived in rejection of a ballot on the ground that the another city and had not lived in county for voter was not a resident of the precinct in several years, husband and wife were not which he voted, in view of the presumption ; 1 residents of Irion County and their votes in favor of the validity of the vote. John- would not be counted in statutory contest of ston v. Peters (Civ.App.1924) 260 S.W. 911. county judge's primary election. Id. Every man is presumed to have right to , Evidence on issue of propriety of count- fix his residence according to his own Be- ing absentee ballots in school district trust- sires in determining residence for voting ee election did not clearly and satisfactorily purposes. McBeth v. Streib (Civ.App.1936) Eshow that voters, who were married to Mex- 96 S.W.2d 992. ican citizens, who lived and worked in Mexi presumption that every man has right of co and whose children were born in Mexico fixing his residence according to his own and attended school there, were residents of desires applies to single as well as married school district. Garza v. Salinas (Civ.App. men. Id. 1968) 434 S.W.2d 153. Person is presumed, ordinarily, to reside 14. Determination in other matters where he lives, and such presumption is V.A.T.S. Election Code, art. 5.08 (re- applicable to question of residence for vot- pealed; see, now, this section), was primari- ing privileges, provided person has lived in ly an election statute, rules for determining certain place for length of time prescribed. , residence prescribed therein could have Id. 24 , , •E ': GENERAL PROVISIONS § 1.016 Ch. 1 Burden of proof was upon contestant to where findings were supported by evidence. prove that voters did not have residential Cavallin v. Ivey (Civ.App.1962) 359 S.W.2d requirements. Fields v. Cotten (Civ.App. 910. 1964) 383 S.W.2d 84. Stipulation that voter had lived in Pre- 17. Review cinct 6 until he moved to Precinct 7 in Where undisputed evidence showed that August 1965, and on election day, instead of electors were not residents of county on the voting in Precinct 7, he went back and voted day of the election, it was error to overrule in Precinct 6, was sufficient to show that he challenge to their votes. Sartwelle v. Dunn voted in wrong precinct, voiding his ballot. (Civ.App.1938) 120 S.W.2d 130. Guerra v. Pena (Civ.App.1966) 406 S.W.2d B . Where it was shown that challenged 769. electors moved to another county and were Where no evidence of conclusive nature there permanently located, it was error to was presented in statutory primary election C '. permit votes of such electors to be counted. contest that woman whose true residence Id. was unknown to sheriff and whose poll tax Under evidence in school district annexa- was paid by her attorneys was not resident tion election contest, residence of husband of city and evidence was insufficient to and wife who voted within the district, raise issue of invalidity of her ballot, trial though husband was manager of ranch in court's implied finding that woman was le- another district where he spent most of his gal voter would be sustained on appeal. time and his family spent considerable time, Atkinson v. Thomas (Civ.App.1966) 407 was a question of fact and trial court's S.W.2d 234. findings that voters were residents were Where there was more than scintilla of binding on reviewing court. Edwards v. evidence to sustain validity of votes of hus- Roberts (Civ.App.1950) 233 S.W.2d 592. band and wife, finding that votes were valid Reviewing court was bound by trial would be sustained in statutory contest of court's findings as to residence of voters county judge's primary election. Id. L . § 1.016. Computation of Age A person attains a specified age on the day before the anniversary of . , the person's birthday. Historical Note C Prior Law: Acts 1971, 62nd Leg., p. 2510, ch. 827, Acts 1951, 52nd Leg., p. 1097, ch. 492, § 4. § 45a. Acts 1975, 64th Leg., p. 751, ch. 296, § 3. E i Acts 1966, 59th Leg., 1st C.S., p. 1, ch. 1, Acts 1983, 68th Leg., p. 959, ch. 226, § 1. § 2. V.A.T.S. Election Code, art. 5.13a(4). A; Library References Elections a66. C.J.S. Elections § 17. . i c .,,-. . ., ,, L .,.. ,: 25 Or 1iii