The URL can be used to link to this page

1994-12-01 CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE CITY COUNCIL WORK SESSION DECEMBER 1, 1994 MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Jerry Farrier; Deputy Mayor Pro Tem, Jon Michael Franks. Members: Stephen Apple and Michael Richarme. COUNCILMEMBER ABSENT: Councilmember Andy Wambsganss STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager; Kevin Hugman, Assistant to the City Manager; Greg Last, Director of Community Development; LouAnn Heath, Director of Finance; Analeslie Muncy, City Attorney; and, Sandra L. LeGrand, City Secretary. The City Council Work Session was called to order at 6:30 p.m. by Mayor Gary Fickes. Agenda Item #2 -A. Executive Session Mayor Fickes advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Section 551.072, of the Open Meetings Act to seek the advice of the City Attorney to discuss the purchase, exchange, lease or sale of real property. Council adjourned into executive session at 6:35 p.m. Council returned to open session at 7:00 p.m. Agenda Item #2 -B. Action Necessary /Executive Session No action was necessary as the result of the executive session. Agenda Item #3, Discussion: Special Election for Charter Amendments. A discussion was held regarding proposed amendments to the City Charter as they will appear on the Election Ballot. A copy of the information provided is hereby attached to the minutes of this meeting. Regarding Proposition #1, staff was given the direction to use transitional language in boundary line and to present population data to Council during the December 6, 1994 Council meeting. City Council Work Session December 1, 1994 page two Agenda Item #4, Adjournment Motion was made to adjourn the meeting at 9:20 p.m. . yor Gary Ficke ATTEST: / 1 Sandra L. LeGrand HLAkF -* City Secretary Fc" = 3ft cos v Charter Review Committee General has this received legal review L - what would next voting date be if January 21 missed where there any public hearings on the recommendations 'Y`•° P input (SPIN?) 'n. ° nc 6 "& e" t, what means were used to solicit public in ut SPIN . � understanding of purpose of Committee Curtis Hawk memo of Sept 2 discussed "minor changes" which Council interpreted to include: - clarify 3.13 on passage of ordinance at special council meeting - eliminate preamble of ordinance to be read - ethics policy statement - extend term of judge how were topics developed (which ones given by Curtis, etc.) n how were individual assignments made &✓C J IL 43 who had what assignments -# 8 of the three meetings between Oct. 18 and Nov. 9, who (�- attended which meetings who came up with initial idea for Districts, and when �;,,, what is estimate of cost of special election in January * = i " ` (t � is the District proposition the only one which would require a January election 0 , tk 1.1 Platting there is no extraterritorial area (ETJ) and we are landlocked 2.02 Elective Officers main purpose of districts is to preserve specific rights of a minority or cultural group or to acknowledge that the city is too large for each councilmember to have a good understanding of all issues - the district proposal fails both tests for Southlake what information sources were used in the researching process, and from what facilities did you look at existing population and Southlake's own 30,000 projected ultimate growth, or just use NCTCOG 50,000 ultimate estimate what is the time frame for the ultimate growth to occur did you look at other schemes for dividing the City what issues would be different for persons living in Stone Lakes or persons living in SouthRidge Lakes what issues would be different for persons living in Diamond Circle or persons living in Monticello what is your opinion of the divisive nature of the residency doesn't staggered terms mitigate your concerns that some radical group could "take over the Council" don't you believe that voters are smart enough to recognize that a single issue group is not in the best interest of managing the City did you do any voter demographic and psychographic research - I am of the understanding that the core of voters who vote in municipal elections tend to be older, more mature, and civic responsibility minded - hardly the type that would instigate or support a radical element takeover of the City - therefore radical takeover will require an excessive turnout of typically non voters in municipal elections to succeed with a 27% voter turnout in the last City election, and a total vote count of over 1750, and a steady growth taking the projected 1995 turnout to over 2000, I estimate that it would take about a 40% voter turnout or about 2800 voters to materially impact the 1995 election if 40% of the city votes, isn't that pretty representative and shouldn't the voters be allowed to select who they please if a candidate is not successful, your plan requires that person to either wait up to two years to run again or move Southern sector has twice the population as either of the other two sectors, and is almost 50% of the total - this isn't real representative why not just divide the city into two sectors - North and South with three seats representing each personal note - I will be unable to run for reelection to Council unless I move or wait out one year, then I would only be able to run for one specific place regardless of who are the other candidates in other seats what is definition of residency - is it physically occupying the premises; could a private post office box address suffice as the official address — i� e c , , T t with requirement for 180 days prior to election (first Sat in May is May 6) John Michael Franks will only have 174 days in his new district, and will also be ineligible to run for reelection Municipal Judge will judge also be subject to term limits what are similar municipal judge limits for other cities 2.04 Qualifications why eliminate necessity to pay taxes due city 2.07 Mayor Pro Tem why have the Mayor appoint without Council approval 2.08 Vacancies should include Mayor in this section also 2.11 Rules of the Council why the need for electronic means with only 7 roll call votes 5.02 Judge term limitation? 11.06 Master Plan add Sewer Plan add Business Corridor Overlay district plan add Economic Development Plan updating on annual basis removed, though it is not being done anyways Proposed Ballot 1. Election by district - OPPOSED 2. Deputy Mayor Pro Tem - No Need 3. Regular City Council Meetings - very unclear of intent, unless this is to allow passage of ordinances at special Council meetings, which is covered in #7. 4. Council Voting by Electronic Means - OPPOSED 5. Code of Ethics - Yes, but not needed in Charter 6. Municipal Court Judge - Yes 7. Adoption of Ordinances - Could make it difficult for members who travel to plan their calendars; also, we currently do not require the reading of ordinances, just the caption 8. Master Plan - OPPOSED, because P &Z not doing adequate planning job now 9. Conformance with State and Federal Law - Yes 10. Clarifying Language and Improving Grammar - Yes, except 2.04 has substantiative change in 180 day residency in district and drops tax qualification; 2.07 removes requirement for Mayor to get Council approval on Mayor Pro Tem, and 3.13 eliminates requirement for reading of ordinance or preamble - these are not just clarifying language clauses. - EXHIBIT A TO ORDINANCE CITY CHARTER AMENDMENTS: REDLINED 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 zo . .. be hereafter platted :f?'QN {R into blocks and lots, the owner or owners of -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 of the City of Southlake. • 2.02 Elective Officers ?i�wr�' :.::: ? ?.:::. :: } } . :::::::::::::.�. ...... :::::::::: ::::.,.:. � ::::.. ::::: }. ?. ::.�.�:.: r>:. }:::::• ::: :: ;:...::::::::.• r.". i}} o.'. r:::.::::... x:: irr:;;:....: r:'::: i.:::: i::: i.: v:'.: i::`... x "' ?.: ?. }:. :j'::i:::::i'.: ='r::: :: :i:r:':': :ii:: } }} rrr ,... : : } : : } } } :. } :. :., :...::}}::.:.}:.:::. r}:?.} i::?. rr:. r:. i"::. r::.: i::?. rr:. i : ? : ..... :;.i : ? : : } } : : }- ?:r:::.. rrr::. r;}::}::}: fi.....'? : }' : > } : .. . fi n } : uahfied : oters:: :froxrl:::: e:<:C ila. ::lar g <:: <:> he: >�six Ci :.goam < :: ositk n ::: a1t,b des€ . :. t . . asfanI.:FG: w xsmd } :.: :: : .. . .: :: -.....: ......... .... ?fiii }r }rri : :. :.... -.- :.: v: . : } } :fir }' -•r ?} :. : : : : :: vv: •. v : :.,- : ?. : : : :: :v - :: : v :::::: :. :.. viii: �. :.:::: : {: .... ....................: {: :::::::: F ...:... ..... • :.', " : }' } : : :, :: �(4 : - :i.. n . ;A• } : ?.r .. :..� : :.}.. :J�: :. M1} \. :. - Jf: n.} :.� ::.• •: b: <:<:<TJF I� l :: >:: >:: : : >::::::; <: >:::: >::< :: e:::: :. :..;:s all:::: :<:..: d cl: � : •t <a :•r:"• ..: " : :...: ' V :.A c "'_ - rrrrrr �- rrr.: -rr•.r rr'.rr'. }rr :, : :.: � r._. }rr .: r:- r: .rr : : : : : : : : : : : :.r :r::::::::::. _::::. �: : : :' : : : : ? : «£: �• : : : : :i : : :i :'� :r � : : : :� < : : " : : : : : : : : :s : : :: : : : r• : :: ?� : : y :::: ..... . ..... . ....... . :.r ..... ... .. .......::. .. ... : »04mg : : half: >he: <::tl :I<:arear �if:<:tbm ; < :< ocaied ' < ' u p > . j..:." :4 vti: ::: iiii\ :• : }� : :x :� : ?x_ } ?.:.:r• } : ? .; : f. : :: :: ' �i`. �':'< iiiiir r. ir i i jj}i.: r i;. v i:: i? v} i :v l : : i ' ' : 'ri : : :v : i$i : :h: .. .. ?{�=i'=� :, <2 : :.< :• }:: >::<:D. -ui:gOmi t :lhogrra:o ::th : `i :• ><l ai d.bo : <- St.... ::. r ........................ ............................... ......:...:.....:: .......................................... ............................... A > : : »;:: >:: :: B O Nh ll = >M U a a l~::: A ..... at cl. NIMIM l € : : : ? :: : • ................... ............................... ( i)/I a IN V :r::::•:�t <IKO ' . c3u::< <- ;< :t= : <,} .:_ f ::• t�:<, - .....: .::,::.::.:}•:::::: r}}: fi:.} :;. : } } : ?.1� :. :.... : : : : : : :.... }. rrr:. rrxr}}}:.}:.~:-.:.r.. �»•:::::..;}: : ::.rr.��. }r<rr..,,.. ? :- . - - -..s rrrr. v::. ?•i : ? :fi :: } .. .. } }: ?. }'.: }i. " ^ }'4'�` :. : i'r- ^r ? - '' }r`r Iry rr?;::- i':"^ rii '..; :.; ?..}ri. :. }v.;.W :. :m. : :: ' { : :.: , {Y. .4.:: ::..i.. .: <::.: i}:i .v.. ::::::::::::::: VINI : : : :: :car : : :: s <: : : >: r : : ::::: <: INNWE ::: : € >: ' : :. . : : :�i : :i :. : : :iiii: i } :.r :. iii:::.: i:::.:::.::. i} i:.::.:::::.:::: : : : : : : : : : : : : : :. : : : : :. : : : : :. : : :. � :. : : : : : : : : :. : : : : : :. : : : :: r: :: :.. EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 1 ri :: i :; $$$;: $ y: ii. 4$' 'F 'i:$f::yiir$:i4� i $i: { $; ::: . $ • :i +. ,: ; <: :::}::.:%}:%:.%:.:: , .. , :.%:-%%%:.}} t.;;$;:$::;$$$; ti:: i :$ »::i:::t$i$;•:::i::::i::ii:: ::$: +• ' . %' %. ; %:- %:;;4 % % %vv ... %..:..:. {. .. }. n .�.(t. %. �1.{F.( .e+�Y,:. /y�. f� .j� ,{��(�� }fit y ',{ ��jj '�+�('� ::: ' r 1:: ided:: n::vthe . e : u . . • : ' g .1% or:: Y. ?16:6 t j 1$91 14 ::: ' x ib itNaW4b10::::eitttte::::elootio.co •, •{::,:,:.:::u:.vvF.3:, F•.J.vv I F7 ?' 4 , o . /.2 kv:•:hh Vv{' h:24h;h: :'v:•:, .1 • ' -v"•^` v E +G{vv v .. :.{ {...490 :' N% :y :"a y+ {x, :'.,' • .• #j w.....,• . • a 4`'4 :++ Z • ... ' tirellif .• ..... nigh• :n;vvv:nN nv2vvhvwN n{; 2;•:{ i28,:.. vhiC22G: mvmnvvv:{;{ i{•nivv:.h vvJnvv \ \Vi \avh•.• • •,:• n•• Al: . %'Ffi:C.r4c1f { $?.' . :K : - : -, : ..•; _ ... f.4.r.?P.' : S rfiy >x. ^ • ,;tit {:; }. _ ;Cc . ts .•,as y � ... yy. fy� •ra } ::,r;•.. .,4•.+,w'Ci: .. • �#�'5:v`bY?�:.:t +:. ..2o-..... ;,: n : � � � ��• t ..��• ?cat`.. ��r. ��\\+;. �x.., x�i: �.!< � ��t? A• �} 54xvt�'c, «2a:. +�i�c F #• .. a PI4'+3.''..f�. : .fn •.M1 & t .8 • '• .i 7{,1• • ^ t U B iyc . F, fh it 4 , %J {� . Yvb itll '':'' WXJh.}?tt,2vNt + f /F . $7'::y w •, ^..•':+Fxr: ?�N• {, .pT. {` F 2": \ ''�7 �6*i . F�;p , Coundi�:'',memb • S:�. d F :� .% ... Dept`: ' > ••• vv'AV ' F, •'WG 04 +n v1•CX:.n vV\ Y;v +`8. , VVtiANO. • • .0.:{ 'a$�. F.` Y; • .i �. ki ;Y y:+i• } , � {{,, ... • } • ,y �t • ''u • . • . 0 : • F , ,- .•' , '• . � • y ' .,,�. • ?N e§ B P CL�P.: : . • ,f t44' •E `:t.13. •.`�''• v � @ .. qN i • ' +r }v. v.hNhWxn\YFh ' hnW: v\ V\ v{ v.i vi. Y{ 2JV. VVvhv}},.,V,vlex?.4riA \`Skl??%Sh v V»M VUVVVV A ?: {•:;N• }:fr_LL•.,s ::t:$r. }•. •��,.,.;: n:?;:'i✓Y.b$.:.. ,. ; ; ; i" Y k }8 C? w? kl• . , yp• , Yr }`+,`,u.`'`' • �y��y�, �[-• � ' �y�y� }yyy , jj �, ja } , C � G7;;tii!tii! :: : 3✓.� k ; $?. 8 47 it'L . i 1l ; }K: : " ' ; J t $. { :F�•,' F' .i'7.i�i1•�if•4, l'�'y'ii� '' • • { E •::. {•: %r: %?..aNw,.n�.:. � ' nn+.+.� \v. {f.•x:h ,.nCu h��wa.•• nav? n'{ � .w�a:Jc,vF.•}:�,,,a \14..w•..M, „•woa� ` 2 f �• ,.�• »r., ' shaiN y , y �A y � :: ? } ? ;$$$ w.,. � ey . K% Y C{' } s+f,°°•:.::C: � �£ y '+' V :}' { y $?!2. : :: .S;:t+: :E .i .�Ty' '+ c.. ,.•,,,.. . 'f � +•i , 2y:: 3l..,ie$ ?v Iddt '47 t'w.: f ,v '. • a . :L toronJronti `_ - ' N . ' i `e '• i •• i F .....................+.......... n..... v..... d v:,•, f .{{-0 C •:{.::: ri v tv { tii^• L�LvY 1Y iJti{i;• � %W a: {tivVY2N2A\ V7v 'MQ:.44W.1 a:2'C{xx{.•r„KtY• :y:' : •:Xv'%fi . a:•'. `• :$) "Fx• "i. ::::v::tt:; %$: %.iRh. . } % +u' r +qua:• yv, �:r.,'i :' :ffF :wN{t:�:: %:xFS "}Y:v: :' .. .,. ..:� �... - iv :• "':�t•S ... } . � : i�� ... �fit�i¢x .., ,...., : ......`�.... "3Rt •r.,R. 3? �F•�.:... :......[�F. n ....}•.... -F: .::::':�'�i;EStf�T4...a • • r.I clsa � . #I• i*s ' � yyy t .yyc�.�]�r�� > •' . �:�' �' �.... � n 6- :v :. :- x:.:• } %:L}i:•h'wr "A,•.v "$M•ti .vvC' J}?]CAW$ � iYinV{{N \iiti hvv: 2vh}. � NN,v } �' v V W}}} r� v- ; ,••:•• "}1��kv}- p�nVV'v \Y2L:AV4 \• ML}: AY;;: v:ru::� ' 2vax }.tirr'F:X {NS ,ViriNQY� ::.�,;:r }ati {�xri:"etc..$ :::.:: •m.: F .• 32; } � 2:n •e.,� .4� • '' h'v : :/`` vv ' Vfn'J{v.Vv }:,Y.}t?,•:ft - }?:vi::N•hV; V•. } }•.•: - : h•:,i; - . .tih w }}. : .. :: :o$ ■ v$ ` u i$ . i % � r:- $$$:ti titii.:a % ;:;:; :. ",v`.;� £ ti:YC`c:C y ; :v j { j i; :v<i ? : . F : 1A S •••••ati'$$ {:iti {::':$:i : %:�$$$i� ?i ` 1nvv . :: $i'<`L %i% % ' {. : ' :. :. : : : +'tti % %:$} %ij';$• % } u. i \i$C{v :$'i. : " {: '.O:Yviy.2:. `: i$i {$:: {$: } N; L- } }};i•? %ii.;i• } } };v }:- } ?:2 - %: iii•}}%}} i% } % }:{::::j }}: {k }:2L:::t:3:2,H } h':.;N• '.v:•T.W?%J:,va4%pxFFihv:Fh+tiJ: :.:''':' fi vM . :.:; ryn� , ;::vv {:v \.? : ::Lu.•u {, +RCy: -r • 1 - .�.,,•:::::::....., -: - :n -:. �::: :.v..:.....- :�v.n..:...J : Y '8 .2•.vv Y w. • " riF2:': �:' 2 :::; 5.<; tk''€?'• 7,,'{~% �: 2 v::;: k3'; ;i } '�'f•'o" ; :?.'� ".' ; .•$?;'�'n y4 :5 .:::.: { :':. i' .,Yi;:AY:: : ..:• %:v:. -::u: .., ... ::.v:•ay.:v- aa•••v: .... :': i, :::;:4,,,:•;:.} `lag ' :::::' ...:: :::C<; ><.f >: {. :w: >:: ........................................................................................ ............................... ' , b:: :> :.: ;: " ::. ' • t ; ' ::: :;: ; :: n :. ':. r :. :::::. ..< t�?�l�`Ctiz'!(lt�t#t�Xtl1i� °�: ' �<<. �# t�4�1�;?�3�<tf��.tl` ... o �.�. � �. : ........................... ............................... ::::::<:.;..;.: <.,,,:: rr.. :..•:$$k }:: >:• >$::: ::$ :.QCs$: ; t ::. .. r :.. L.. :C ::: :2 .i :. % % ::::. ::: . {ii: }:: :r v. .n,$ ,: '. : .. i : ' : ... :.: ..vr h }N , .. :ici : al %r. u . ge : :i:::i e::$Jud .e::t :::the::iMunic :. ..:. a .. ' .. < ...$f : : hre6 years by the quahfiedvc tern :: Ie city at]A±g . members of the Council, and the Mayor, shall be elected under the Place system. The Mayor and ach member of the Council shall hold office for a three (3) year term. Upon elected for terms as follows: Place 1 and Place 6 shall be elected for a term of two (2) ycars, beginning with the EXHII3IT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 2 • , • , • •. -- - - - • , • :" -• ' •• - - _ • - - - • _ • • • ' - • r- - - - —.. .. • * 2.04 Qualifications d' :: >�`:��< » »: Each >: >:;:; or <: «_::��- �� > >; >:<s�� idate for Mayor *and Councils 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 of America and a qu State of Texa&; (3) Shall be a qualified voter of the City: ............................... ............................... (4) Shall�:.WI and have resided for at least twelve (12) months preceding the election within the corporate limits of the City; Arid . - . - - + - <i':: �:�iiiiiiiii$?iiiiii is ii:'vt: $ iiiiiiiiiii iiii: �:1: <:'i::i •� iii: iiii:::i:' �. �::iiiii::iin:: �::: .'.� :ii::ii:_::'ri::' - ?ii: : :i: ?:Y i::i: -- :::ii:::�iiii "::+i i_iiii:::<-i.' - ::i:: iiiii::: �':: `::: ii:::iii: : \.:: {�r: .:: \�;.• ,>!; \'.r:.cR. ?. ?, • :�.,o: � #::5.;:�e,: : ?• .:::: •.•.�•xi.w:•,:: -cYr.•x'?? n:v;::::Y.:- hv:. ...... :. :::. :. ::? . .' . •i..::•. �.L ?......:: ?:x:- {v:n4.�n. :t. f. ?.. ::$ "��.{ �F :i: `::..... .Y.k, n..v:` ��:1:'-- ::i.�: � • S ..: ::: s.: Y - -�.: \-:: ♦r.... Af{O }•.�4i.M::'fi: ?:if. f.. rf .... :.. : ::::vim ?.. :y ESIMI fir::::mot::> I as #:; : #3 ds h:: aketi : f #ttrri�•�:.::u fi xtMMMt e= � .: vi .f: Section 202( f � t `: >::ii > >: efi or <:` ° lu <fi'::'`'__'::'`::''`" :_ ::;::.:<; 14 : 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, tlhe -such office shall immediately and automatically become vacant. The Council shall .............. .............. be the judge of the qualifications of its members and for these e 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. • EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 3 . . (- 2.07 Mayor Pro Tem tOMPORWARMIIN At the first meeting gtjgg--ef each gffigatalatrOpfigayatittif Council, or as soon thereafter as practicable, the 4ayO7 mow appoint one of the Councilmen WiSAVI, : - - - : :.: - :. : . - - ., as Mayor Pro Tem NISWIA 011traMWMPAIN who shall hold office for one year. The Mayor Pro Tem 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 Tem, the - :- : • - • - : :- - -: : - : - - : . - -'. - :.. - .. - - : ' - • : Mayor Pro Tem FISIMMWARAWIWI: . 2.08 Vacancies; Forfeiture of Office; Filling of Vacancies (a) Vacancies. The office of a Councilman Wk NI shall become vacant upon is commifimg his death, resignation, removal from office (in any manner authorized by law), or forfeiture of-his office. (b) Forfeiture of Office. EidifillyaUXOftengiON An clected shall forfeit his 'MIN office if ' iliiiiiiigaitiltiggiiiiiiinisaikOMMONE - he ( (1) lacks : : - •-- - : . • - : -* - any qualification for the office prescribed by this charter or by ooki 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. IENNAWIRMit lititattiMEW4WWWW.01.aboa " - - - . • • • - • • : : - - : • " - : "• , - " : - - •. • • : : • - , , : , • - •• - -. .- - , 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 the -such 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 tei The Council shall hold at least two regular meetings each month on the first and third Tuesday evenings of it(4.7s-aid month at a time to be fixed by ordinance for such regular meetings, unless WO - , such dates fall on a regularly observed City holiday, provided that the EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 4 Council may -by -epee 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 meetings of the Council shall be open in accordance with and except as provided by the y X :: rf:3{4:" aXl�:::f:.,u., i �::.ril:•:.4;< M� .."�:'"•;GX ":::3:.. % {/,3: {' ` .ifl.4k{Y;`,�� '� `> '4¢x5 Open Meetings Act, - >` > - ` WORM ..... .... :Cv-1ref�'�v \h•.' fv f:. + +. .<. E•h {{{:3:: if {3:•::tr: \tt.. { {�.L+f�d{+•f#+..{vv:.:�:i {4. nv/3. �CLV aotR - - • - - '' • - -, and shall be held at the City Hall, except that the Council may designate another place for lueh meetings. 2.10 Special Meetings irk 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 igg such meeting and IN purpose- theree€ Only matters set forth in an agenda posted in accordance with the :`.es Open Meetings Act, X `' "' °' -`• `` I .... .$: rte{{. .h 2 v" /f � livtri:3h \V[ ��Xi}mrv�j' :. :.. Cods �.. . - - �.�.:. :::.:<.<:,. n :<.:: {: : {.,�,,�: • - - -- .. ..... _ .n _ - shall be considered. 2.11 Rules of the Council; Minutes and Procedures N 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 the action of the Council in regard to all matters submitted to it at both regular and special sessions. Voting, except on procedural motions, shall be by roll call or EiNgigagagthia and shall be recorded in the minutes. The vote upon the passage of all ordinances and resolutions shall be taken by the "ayes" and "nays" and entered upon the minutes, and every ordinance or resolution, upon its final passage, shall be authenticated by the signature of the presiding officer and the person performing the duties of the City Secretary. 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 ``Was Open Meetings Act, C hapter .;:.;:;<.::. >;::::.; >:::;:,: >: MaiN l ,,> de, 1.. t : zilkai ::; des.;Annotated Article 6252 17 of the ..:.. EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 5 I 1 <> 1 :of ,. ou u€et .. :::::::.. a .T:- iTT:'...Trr:orT:.r:: -i;.' td;:•:::•;:. , : -::::: :T:.rj•T:..:,r.... iii:.�T Jri :':a ; ' : : . :p:: ?..::: -: :.: .:.ar::;: ' ......:..:: :.r::T::.;.rT•:':.rrit' ::;.; ir•.: J ::•r:.r :.>:.i+:.rx:;r;•iri: : r - . 22 e ..: Q I I v :c � >. t f ...•T\ rdm 7ciY� -V:,W 'Vo •. �' , ; -# 3 #t F:.:;.;.,d.(J:�t}. -h•L .:T :JY.L::A \ \ \ \ih \Y.FJhh .b }h4Y:.LrhD T.:• <4.::A,t�}::::+.J , k35h,Uf.LWr+f+U'}%{t,4 -0' .v v�jry'�yh1 �4 l UJ�, \Uv::wFiOTihi i} 1dJ.:Fi: \:} irf:? { v JT \ :;TfT F }: _: tiff Yd, \• T,j •T:•) • \, •v�Y ,\C.� >i? � •:^P •f. 'f T' \'•T: -:: Z ..:::: <ii- ::nt:: ?: :x #:t'tw.:.:. ;:::R'•'.Wt• :,•h'€...t.,..• \, h:;Zi:?£•?F';".t.'i'2,?1"`„ •':4$'.:..t •f:.� }• ..:#"' T'±'�•.w..�°7.f.d..t;" •�G'2••�E2:•: w ththe pro slo NIA h er d a ' b • eer i :. ed .:M...r n'dd \ } }TTn•T:.L \,•:.v. }.�Jxr..,�,:d. \ \dTT:- iii- :�ixvn- nJ \xv.: \ \vx. \,M.. \•.Q,:S, \n:.. n+nh \4d�� \4h\ \�\ # �in vY::J� VCr}:iWT>hA'vhi . .1.•� •,ri•TTT:vv,v}:.vn. n.4rT ibtQ '6!598i5;fi'. {,tti' ° %S - : °fT -' - :'c-.: •, N:�3xny�," r.. -: <� "' i�Y:{ d toy J � ; ^: r £ V , €'`£' 4 .•a 6 tfi B 8 • 8ST� f e t+t4a+k� - r �.� G n 'v :7�r _ xu,,.•. �r:r:;r�,r:h:r•: :.d ate, •• ,• \,\ •.�,ca:::tv..w.•. awnw ,dx:, -..�, rx �• . CHAPTER III RESPONSIBILITIES OF THE CITY COUNCIL 3.11 Action Requiring an Ordinance 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; (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) 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. EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 6 : Acts other than those referred to in the preceding sentence may be done either b :.::.� h P g Y by ordinance, resolution or minute order. go i'° °' ``` '• h• . ' ` l n 1 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 Te Open ::f:r::: 7o�:SS:" ' Q .+�" /f. . fir { .:: ; . :: :.: <� {iiT",x'�:. - .r - Meetings Act, g :ptit R A { : . vf... �.I : "# { not:& iele k�J:. {ASV rf +i. \ \\ ti: 4\ tick K:W R: T. .. ?: V:: \ \\ •. .'i:,h::• }::�'M.'ru \ \44::LK 3.13 Procedure for Enacting Ordinances, Publication 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 "`'r't" ` f '`l K4441 of ;ti Charter ,shall be ��c, � set read in open meetings of the Council "-e» two (2) separate Council meetin I ;R ° d f which shall be a regular meeting . : . , • .. • ♦ ♦ . ' ♦ - - - . - - - - . : - - . - - - : = : - : - . . The City Secretary shall 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 : h\; r.,; �.: r::,..? x: ,; Y:. �.<^ �;-.-.;.y:. k•:. ��: ::.` / .• ; '�..;y;....v: r ; r ::, S. {:r- .'�'•`: wig'. �r:'` �r:. `: < "•- %n�s��f•:• }•s,•v,,:�:;;:. at least ten (10) days before the second m . € k, t hi. ailidi� .�,� � t , , reading. 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 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 hcrcinbcforc 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 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.:::A such ordinance. e) 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 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 and must meet all other qualifications established by : ' ; "` 1 `� t:;�.:. .<:: .•.,t: /.�gx �,✓'r, n""�?�tf.,F•i,,,�"'�'', •: :.ice. > •+'zi: >ri ' :a gnateo. r <and }} : • u ., i. . The Judge shall serve for a tee �xfir :•::.. y }:4. �i:-:•.•}}:•}} Yhi}: v:•:: vV:• Y.,< Y::• h\ tih:}:+ ik •:4}tiv %•:'+Y$�hVvh: :•% }i::i•:i i� }Y:4 } } f two (2) year term. The Council shall fix the compensation for the Judge and such compensation shall never be based on fines assessed or collected. CHAPTER XI PLANNING AND ZONING * * * * ** 11.06 The Master Plan 5 The Planning and Zoning Commission shall formulate and recommend to the Council a Comprehensive Master Plan and shall consult with the City Manager and with other City departments regarding planning. to The Master Plan for the physical development of the City shall contain the Commission's recommendations for growth, development and beautification of the City egationig ...:... �mt�tttatid< ��t: �: �< lh�::•>< �ddl�tli= �'��d ?• °:• b. INNI EN jai . NOSI € s. Millitait *gm (.3) 0.1migeotkizMOVAMmt9PONiioomplgo EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 8 'tip` >::< ><.v`v 4�r' a' >:::::: >:;: >:: >: > <:<::. - :<::< } a ' c 't # `e ., ..' a t akowice rat iri- , > a y z .< �� h +:i:i•:v.: L•.vv.'•:ii•. �ti•CC{ian \:4.v 4h' \ :vv'0.iN3}.•. '�kA',1', W}w7J:v.'•h' A,KVk x, +`Y- �'iv::: i� C,',,', •• '„ SSC�riiJS iri ' \Q„Sw :''.!%`,•'`a ^':H• /fHi xk�;�.,�,�':}�.- ` ::.;_:..:} },:$;::.; } f . , ,;�,. tr f. � '• ?�o:. "�' '.GY/ JY} /•.>."�'. :a ti .u.aw•:xwL}}a:w.ta•:w . c,k'ii: :} w} w, kaw... w�4:.::\\ �h1+\`:\ Y. W:.} h. A' v. S}] CC1' J7 �' SiFiCWAY }:+.JP }�';Yk::::Y.• >.VC #} 'xf�4�. l' \ \1ti 2}.::}. �!:; �x.?:; hniaC 'faun„+r,�r.r..; {,.f}:ir. ^. M:v'i• }. ::.•:: ::iv'.iii :. ri4ii lJ:i }wri{w. {• }:i{iY'K•:•:A'i• Y A copy of the Master Plan, or any part thereof, shall be forwarded to the h :: - y � 4: : a �:.,•..�:.:: �, af " r ? <�'}2Y : 3ni:• ::2,I'}•.'.f <'s.�Fxs?2:4Y:.".r: ;'t <'. }f3.�?i.� versa , ri :' .: t h �c,-e r ,' i 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. . - . . . . . . . . . . .. .. .: _ .... xxa tto :... :.;:�::. iil rid:.: �:�:migg:nxot omon > <:rhts • :: > Maiager shall be r pons b1 for hed m... revi ws and ; with #h :a:.e....Ia 0 . «:> : t3:_::> ::: ::::::: >.:; .. >:: >} ::.:::<•:.: se t ann endations fe : ' da:::: ` ,, E } .:.:. < . ..::.. +.. ,:::.:.. ; }-:..<..:. }- ::<:. -.:.... :... ,.: : ..: } :: : .:.:: :: : ::::.:...::� .,c�nc�,....: ��-: s�a� ..:��b�€i #..a::1e�.#��.e��.�€� � ::��ha�< : � rem w..was. .eeo :;.. ...::.;.;..:.p :::'::.pi dgrio #ha# rho weze no re5oMend0d xyptri 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. to 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. EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 9 ' y 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 - 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 Tem, 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, 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 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? 2,02 .................. ......................... piagt ::ii::i::i::K ': iii' > "ii ii{ i:::;i:::;:::::::J:;yi:;ii:;i:: '.: { } }:::i' • {.i!' ii;Y.;:t;ii:i •' ?i•i:;iiiiii:: }:::j::::: ':: y <::?' ::i::y ;::: i• ii ::i ii}::;:i:;::i:i,` :. ;iY:i: ":i tti:i: ?;i;;. ? :::: theme.:: ti::: n:nihe:..Co �:i:: n i::e '. t�::::ot::::t fv: :.. js, but:::t '': ;•:: e d ...'t di:: ........... ..............................: iiii: �j.• i} iii�i} i} ii? iiii:• i:: ii'. ^:•:i:•:::::{4:i•: i:•i:•ii:i: i':•••+ii;• ii;•: fi: •i:4:'i:•iiiii:•i::4:4 }i } ?iiiii iii} ii::' 4ii: i4ii"¢; • };•};• };4iii;•:•:�:Si•i: ?i•: +: :!L: �: +•ii:!;i:•ii ".: } ji:}::i:::i ::� >:•:•: { {i :ji i:;� 'Si;i:;i:ii: >i:i::: >: :::i::i::i: ?:i "iiiii'• "iiiiii: %'iiiY.C:ii::i:'.iiii: .;:. ;::::`:iii::i;:: `:: %: :: :.... ..'.,:.,.; ::: :,:....:�`�::k�:i....S:•`:`..;: ....:.; .. :...., : "' :y':�:::::' : :a:. :� ,' "q::;: >p: ;.. ::: %�.a��.y .' ' : ::::'..' :::5: - '.' :::: '•:i i::i:.:.. :: : ::. ,. ::.. ..._.. _;, ...• x ..:. ctY >::O her .' :. ns::: v 3::# m. <: #t Ch s:::d: =:thy: >tr 5 i::: riod:: : >::ii:::;::: iii '::::i::::::;:::::ii::::.;:::: •„, i:<:::;;:: �:;<::;:::::': �: ii:: 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 }.r 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 NO 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 M401 These amendments to Section 2.02 establish :«:>:;:}::.::}}}:;}:::;::.:::>:>:};;>::::}:<:... >::: ><:::.::<:: »: }:: }.:. > ::: >:; .::.:,.: ....:...............::r :. >:. an election system whereby council :< ffie .. : ::< ><.: < ' < >: >:::; >; :..:: : }.�� ::? NNI ci m embers are elected at large, but they may i:.;;:' �?.€:;:.;}: �g�.:.};':. ::.:::::;�! :::::::::::::::::..- ::ice::: ::::::::: 9 � Y Y ;:' ► >xi ►:» only become a candidate for a place that is designated for the district in which they live. ffillitliNtilinEWANNANNOMMIS `fr : li Nftft fs (2) ;::: strict: >2::shal1:::# >; t area of:t : Py:: t Y . �! ;:1i ��it;�:0:::::. �:: xx x 3 : n:::::: xv: ::::: N: : .•n• 4i::' r'; )tl[:} {.: { /::::: :`::: ;:::;;xr;? f}' f. n�: i }}:+. jr{$:: xi:- f... Y} f{ x:,{ �: �x�r{ Y .n:: ♦ +fxnw tt „;f':SS.taitvi�Q 'l. {: r � •:..iF:.::... }• vr•}:.n•• }:.. +n :i'I{ iI.•:.v. K .: . ... :...: r.•.}: � '¢:�{ . �: •LL+.C')Y+N/ `:`:.o }x •. The city is divided into three districts, and two places are designated for each district. tr i : r This proposal requires that a person have PAGE 1 SOUTHLAKE CITY CHARTER AMENDMENTS ��' P��;w..•N..�.- .,�:- •'xxwk•�,. resided in the district 180 days before l`... �v.:..: ..... ::::......:.::�,.x.,.,.,..:.�I resid y re $ t o :..: M %• %LF 1 xSY. election day. nfovitipwvomftw000dgogou y : • Y:Gy..x::Y•; • :.r�:nw:: v:x:.r • v f:?•.r::•v:n�v6y?.v: ........... . .; ?:'T' .Y` �- .'T�a'-::�+#•}.?v'•: ?w:.w vnw:. k}n:: +,.:fiL'. .:v .... i:. ?< :it ti::::.y..::.•: {.:icL ?`C>':r.,u,.f r••L?:: { ?a• .�.: : f_f..uc!t . ?:. rr ?.yPl�"`:< R! ^... +... x: Y. }...... .. ... �..: v:. vviC xv.+ L ,.{ ��ki� .'••; A.v�MFM�.:�v •4.�• n.e: iC:.M..1.'.1�•r ?M.M;:C Ci?mQR:rl•M.M mr::: rCrmw :::C ..SS•. •w=Lu ';- }r > rk4 r �Lx y+� In order to maintain the staggered terms and y�a,• ?L?Ln i'•4:a{:::�:,.," : '• �+// i�' jax`, � •',kt "•}..!�att ra�cc��yy^�IcooSo �1G 7• .�..• .�•�•,.• :' • �jl.. �i�r.. S�': twa' F. t' 4LIls �. i::%: r L 7 E li7 W. ::�C....•:::.v .:.• >.< ,�;., ,<... not have the term for more than one place \•itvv,v A .• '�}:.,vn,x A4::xxvv.Aw: }]xv vvv?vx w�' A \•.vxri+Av:vvv Y : f�`� A' W./A� ,°q } from a district expire in any one year, place �.:.�+ }:: ;'iL:A'+,'•ivYF�A !�'�. NhL}Yik ° Snv.. S'S kk: ;. •K •• '4C .�ti .`" numbers are assigned to begin terms in the iar o?a<: 6 w:04:4 next three elections. ::; .: •:...... f�...• .:�: >Lr•'• }iii -Y:v: SYJ.•.:•Y::k \ Y'i :n, \tdv.%•:P:: ..Av.:Y.wx•:...x.v4 .w�rw x. ,•: %:::'.r •:::f:::::r:s: :'.: <'Y:�:.K:i4: a f: } •: r:. v : x<:: x.:. v? fis::;^ C ?; ? : :i..•:L,+.• } ?.; ... i..::::.x • r.•+ a: r•. :.r::•?;::.::;L.:, }:•:^�•7.?cc: �Y:aay. ?tyfrxo^cq • For the transition between now and the r'::'i ^.:ii}:� }:�:i: :::: , v;::vi: . }: { ?• }: L }: ^ v: {i } i^:i ?n: ?:f,.i$.riA4:::;:i: ?:::;ice ?i >'i,'i�� ?::;Y. ?r {? . ; h'C;Y..i::ii:<Yv ?G}:Si: ._<af >;axen; _ : ast election in 1997, place numbers must be .. .' < >f . .....a reassigned for the current council members. This proposed reassignment is based upon �:�.:� �� « .} :. ?<:. }: {•;� ?.: ?vY the expiration of the terms now being served <::<?.::?::.:?. } } } }: <:LLL ?LL•Y: <•Y »:•: ?. },LLL? and the location of residences of incumbents who are eligible to run again. For example, : v y the term for the current Place Numbers 3, 4 - i:::: i ::i. + f, /.Q:i::iiiiii ?:i:YY ni :: :i:::iir;::' "' and 5 expire in 1995. The incumbents in s and reside in the new Districts 1 Places 4 5 n , :.: >:: >:: >:: >: >��:: »:: >::: -::;. iii:. ;i�::._;. >:. >: ?.;:.;:.;:.; } }::: >:<:<:Y �e�< � ::::::::::.:.: :: ::::::::::::::::::::::::::. and 2, respectively. The incumbent in Place `< >t. :.: .:.., :..: :..::...:..::::..:::::.:::................... ........................:...... Number 3 is not eligible to run again, and this place is thus assigned to District 3. : . f , > : ;r •.: .... •: } • -::•: �?` € ti ... _ .. .. d o , _: There are currently no council members District and during residing in t ict 3 9 9 the 5 4 . }Y � icatott transition, two places must be assigned to that District. t <r ><� tit± d�.: isL.: �: i:::::: :. ..:::::!.:::.:::::.�::::::.�::: i iho ! bud si ` 6 I MMINS : #y: }::::i::::::::.:: ::: ?-: ::::::: •••••'- " " "'•••••'- " x...... -' Redesignating these places as Place > c? € f. }: ::f :::.:»:: ,ice 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 . . _ •_ P . _ _ .... place number designations allow incumbents . • • • • - • • • •• - • - •.' • with remaining eligibility to run for office •• . •. _ _ .. . - . _ .. • .... 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 incumbent since no council member •- - . _ currently resides in District 3, and no other . • _ .. • _ . _ .. . ... . . ..... . _ _ Lt _ . incumbents become ineligible to run during ., . - . ; .. _ ....: the transition. •. :.. •- ' • :. _ .. _ . ... . _ _ _ _ .. The term of the municipal judge is changed • . .. _ - -- • ...... .... .. to correspond with city council three -year terms. en4anuafy49r 1 2.04 Qualifications Each ::>>.:»:<:> : ::> �:<> »�:: >::'::: >: >:: >;:<:<�::; ><:<; pet' n w t.,, : candidate for Mayor :0—d 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—of (3) Shall -be a qualified voter of the City: (4) Shall . i and have resided for at least twelve :...::.:.. ...:::... (12) months preceding the election within the corporate limits of the City; g ::::: }: i:Q %j < { :h: ?i;:i. }:}'(:i:ii >i:)•<:: i:: isisi :::Fii:: { :�.':i "};:i i': ii: f:::�:•i:;i•'� •v:j•: i}} LCi'i :fiii: :ii:�i} iii:' ' -ii::if...;'F.;i:;i';ri:: {iL ii •. :.�..;:: •• ;: '.iii: ? • { v. { i:ii':i':�. t ::i4iii::i..:.::i i4#01{ . :.::i: .................. ............................... 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: -sash office shall immediately and automatically become vacant. The Council shall be the judge of the qualifications of SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 3 its members and fors -mush purposes shall have the power to subpoena witnesses and require the production of records, butrthe decision of the Council in any case shall be subject to review by the courts. R R * 2.07 Mayor Pro Tem bep ......: .. . " . �.` : i .-- The reference to "new Council" in Section At the first meeting #;� each "�:a�� ; :. ... •.' F.., vrn �}::.:•::: xi :::ryx } ki: %x:. \: }} g t a ritew_Gesusil, or as soon 2.07 is clarified. thereafter as practicable, the Mayor shall; >t_Eh ,,..." • '`' ili appoint one of the Council ", , as Mayor The provision for the Mayor Pro Tem to Pro Tem nd ;.p t` f's 5 AT:�`if' who shall serve as Mayor until the next regular election hold tier 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 both the Mayor and the Mayor Pro Tem, the remaining cities with terms longer than two years. to act as fifi Mayor Pro Tem giiikWaiitia The appointment of a Deputy Mayor Pro Tem is proposed to be added. 2.08 Vacancies; Forfeiture of Office; Filling of Vacancies (a) Vacancies. The office of a Councilman niter shall become vacant upon : .#xs -his death, resignation, removal from office (in ::.:...:::..... any manner authorized by law), or forfeiture of—his office. ......... ............................... (b) Forfeiture of Office. `T::::14arCir::so:: :a� The term "elected official" is eliminated here `#i shall forfeit his Of because the municipal judge is also an :ha office if dii :: >:i;i >: f:: i i?G >:': .: igi . �::.&...:.........:. �:.: .....::......::: ....:..r......::..........a elected official, and the provisions in this section are not appropriate for the municipal (1) lacks . . • . • : •.. _ any judge. qualification for the office prescribed by this charter or by Kite 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. 'Y'i: (c) Filling of Vacancies. € aviva t 40s 40$0 > : ::,.: # 00 A# ;4ni --the -event SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 4 • -. . - • : •• - - •- The office of Mayor is added to this .. - • . . , . . •• . • . _ _ ,. 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 t such vacancy. If the vacancy occurs within ninety ( 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 fii-said month at a time to be fixed by ordinance -fof unless #ides -such dates fall on a regularly observed City holiday, provided that the Council may -by- 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 taii Open Meetings Act, : `:`: er S12 < >Qov'exnni : to o . °toss 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 1 :e-sush 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 € -saeh meeting and t ;s purpose thereo f. Only matters set forth in an agenda posted in accordance with the voi. Open Meetings Act, a €E There is a new statutory statuto reference for the Open Meetings Act. ...:: ::.. . .....................::►::::::::::::::::.. .:. .:::.:::.::::::::::::.:::::::::::. • ......................:... .. ::......... mss, 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, 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 can migamagyma and shall be recorded in the some other method of voting. The charter minutes. The vote upon the passage of all ordinances 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. 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 itig4 Open Meetings A . li `�' There is a new statutory reference for the ^ ..• Open Meetings Act. _ i n:T -:. ::.T:.::.:::••::.TTTTTT . T:. T:.:;.::;.;•: T:4:::<.;::::::.:;;:;;;. TT::, :::;;.:;;.::;;4::. ::T:.TT: 4:;;.:4:.:;.:;4:.::.:;;;.:.7:.: ; This proposal would require the City Council •'•:::::,+.::;:} :::T'.;;:;,S:T %: {;, ^ .,TT:T : : '::::v:�i"•T l::ii4T: tlt• T\', t; LS.} T:: ffM'4W..•: 4,T},P�` to adopt a Code of Ethics and Conduct. : '::itiik:S$:. "i. :r • kr $::: {::.ti: }•4iti:: i;' •:f }:i:'f.•:T•y•,• :::T`{ r'th15:`:::d arter.`• ::'•. 'a<:: , s t tc k:' >:tf ::::' ,eded ffi .s. >:...' .. ......... . . :. h� �•�`�� `isittit's�?&iF�gt��l ........................ 04:140: ii.4.4011411:14. « «« CHAPTER III RESPONSIBILITIES OF THE CITY COUNCIL « «« 3.11 Action Requiring an Ordinance a 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; (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 (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. itig Acts other than those referred to in the preceding sentence may be done either by ordinance, resolution or minute order. ogotimigigtogggoogging 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 'taS Open Meetings Act,t> There is a new statutory reference for the -- • - • . - ... _.. - Open Meetings Act. 3.13 Procedure for Enacting Ordinances, Publication I 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 In 3.11 of The reference to Section 3.14 is corrected. -the Charter -fer -the -City, shall be 'iCAn.St p dia -read in open meetings of the Council : #-ems two The requirement to actually read ordinances (2) separate Council meetingsEit3f 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 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 its consideration by the Council at least ten (10) days was the only way they had of knowing what 'fn: ?:•i:-:::: y •:: :.i: : : i � ii :: :i}:S .:.:.;t ::i.:,.ii: �Y before the second t}ieetYaj* att w hw htibe- Q a i a new ordinance was about. It is cil stti:g. All pe rsons interested shall have - ��- �- �•-- ��- •••�•�� -� unnecessary and no one listens anyway. 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 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- herembefere 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 II 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 -sash ordinance. e 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 standings -and licensed to t <_< yam practice in the State of Texas € , dad €€y and must meet all other qualifications established SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 8 .................... ...... ............. )- by ordinance. The Judge shall serve for a it we (-} 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 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. 61 The Master Plan for the physical development of the City shall contain the Commission's recommendations for growth, development and beautification of the City Mow not 00:01shogliNINtillniNtiffalltrii txa}ce�.��:•�F85£�kE�.Yi�.'. f .. P ai "'i .: t i�aln�8 '' ?}: :.:LLLv:i4::v::•: ?....L:i::: -:' .. \uvv<k Sh\ •:h5:- i54Y%h \t \ \'v< - %iQ \'ii24:::J: }:vvryi:..i.K:4 \.:4.: (4 } ywd tr l st p uck :.::.; :::.:::::::::.::.::::::::..: �� ?????? �:.:::_ ::::::::::M:::: :::::::. gift 1ais to NAMM s •: t szo n: : :of gi A copy of the Master Plan, or any part thereof, shall be forwarded to the i." ?:.:.;;..;.' ":." nubmi t 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. ..... • • .... . ... ...... - • ! ... .. •. PAGE 9 - - • - ' zieas thereeu: ,:.::.. n.. v ......:...... V....... v...:. ...:....p.n�Fv......:.n..:..::: nv }:..v:.:...:.v...CNry :..'..:fG •.v.::... ni< M si!ti : !;:rii:� is i}; tiiii:':- is4: pi:::•: �:: S: ti �' t n} : Ti }:•i: } M1io :: :• : C:::::: �::i::� /••{:{ r. }, �p };:FF.iv::C::::::::wi:J•7•fffi }}} yv } :�'' • ' :.� �': y::.�.. �vo-> sv�x}�S?w.�ktx.• ^3};��',:•M};r: •:r;,t•:;,:<;r��]csw }v • �3:�W�^ : &.�. {v •.vni:•.v }: r:Cvv \• }:'::' +h t::::i�hvv.,xvvivn +iu ::' ifhix pv {:+:ptr,,ity+- ..4#..^+•C... .. ,# +C' ,,,,,a„„,;. r •'i'SX {G?{�� ...;tiU•::x:.�+� } }>s2°Ctoo-�.}K m+� �e.' e?« tv v:.. h •vtiiiv.'••• •R.9:Cv'S.x. - . • iA:inv p• •n:.::w•:. '` v.x ,t}:t•+ cif !».^g,^.?.^.?•F'^;;Gt ?t•. }`rt:Kt`•l'�• a �' }Y'ooai['oaeq:Aaoeo�:^?aoaea�u� gyp- • ..:. ::..} '} � . j . �j��} `�.�� v�E'•; �•; hVprihi}: n... y<:}:+•::•}:+: i[ LVtisv<: L:.: w:. ::2::vv.:i. +ri•:vt2•ti \'F ::<•: ii}�h •v' - v •r•:.•: �r :<:•s,..J'tt?..:•�pwi4;c•:;it ;c:,••.�<c. •:: :vr :::r,. +f }:,wp•;u. . aur �Crf" L r••.;aec:nc:.� }.:{, » c{ ce•+} oe.•` krvfF+•}.:!„* ey,+: cr•. r:•.. x< sx:+;}: c..;} rr,. xxth�c ,:t:^..•xrr,;. +m•'V.?'•..;ct `ts itSS s�ht Ee siEb i €i:#� .iitvtii : ''. n �% r . :::• ' 4tfi •Y:f;;•r.;;;xp:s'. {i��i• •:? c;'^• :$�4�po%�• . mrt:.. �.: ar.; i:; K:: ia::•,»;.::. Z� : r•.:•} aa,}>:.,. �.:: z:}:;: t,{{ 4;:;•'• t; c.: <,,� }::pac�r,.ct}•n••.r..•w,•t• `"' v.f . w is: 1 d• 1 v } v {•' f' } :+ � , \ ft 446.1162M. x te 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. PAGE 10 I is GENERAL PROVISIONS § 1.015 Ch. with or incident to the elections should be Election officers appointed to hold the 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 All supplies, ballot boxes, stub boxes, school board members. Such election offi- which are used in a city election should be cials shall be compensated solely by the 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 coun- 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 come for temporary purposes only and without the intention of making that place his home. (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 located. 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. 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 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." dente once obtained, so as to deprive any Law Review Commentaries 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 r ?Si1 • § 1.015 INTRODUCTORY PROVISIONS Title 1 A. Proposed changes in residence require- ,' ki ments for voting. Mary K. Wall, 28 Texas Bar J. 105 (1965). `'¢± Library References . ' Elections a71 to 78. i C.J.S. Elections §§ 19 to 25. Notes of Decisions i F 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. Construction and application 1 Term "residence" is an elastic one whose • Determination in other matters 14 meaning depends upon circumstances then ! f 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. M Single persons 8 1964) 377 S.W.2d 636. n . Students 11 Question of residence for voting purposes • Temporary absence 6 is one which must be determined by refer- ence to actual facts and circumstances, one •.• 4 of which will be the intention. Guerra v. 1. Construction and application Pena (Civ.App.1966) 406 S.W.2d 769. ,° • ' • Mean:n to be given term "residence" g g 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 an d w the same l egal result as '` present intention of the erson. Guerra V. a P could any other adult. Op.Atty.Gen.1974, -�_ , Pena (Civ.App. 1966) 406 S.W.2d 769; Mills No H -301. � _ r's v. Bartlett (Sup.1964) 377 S.W.2d 636. A Volition, intention and action are ele- 2. Jurisdiction ments to consider in determining where a In action to enjoin Texas voting registrar f person resides and in denoting permanent from refusing to register college dormitory #'j 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 com- (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 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 Yn• • 0 GENERAL PROVISIONS § 1.015 Ch. 1 Note 4 =:rvr 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 r Re uirin student to fill out district before election and was negotiating "'' q g question for landlord's consent at time of election, ?' naire in connection with his voter's registra- '' tion in order to enable registrar to deter did not support court's conclusion that such �` mine residency was reasonable exercise of spouses were residents of district when state's right and duties under powers re- they voted in election. Major v. Loy (1941) served to it under Federal Constitution. Id. 155 S.W.2d 617. 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 trio three months before school district <' residence of prospective voters, particularly consolidation election with declared inters where there was substantial evidence that tion of making their home in the district, ,y, 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. 1433, 440 U.S. 951, 59 L.Ed.2d 641. Where voter's actual place of habitation 4. House was with her husband and children in city outside of county from which she operated That a man's wife and children resided on her ranch property, voter's ballot was inval- '4 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. -( 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- ter of intention, and absence will not alone Where husband and wife had no fixed 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 ,,I 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. z I had no fixed intention to build and establish Id. a home in county of an election, his vote in { an election was illegal and properly deduct- Evidence that voter moved out of county ed. Wright v. Marquis (Civ.App.1923) 255 in order that his daughter could care for his S.W. 637. invalid wife and that voter owned home in 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. y 19 § 1.015 INTRODUCTORY PROVISIONS Note 5 Title 1 ‘ +' 5. Employment Where voters graduated from high school A 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, 1 paid poll taxes, although husband had left all had families in county, all had their cars 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 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. Residence of federal government employ- #,' A state highway patrolman was entitled ee for voting purposes was where his home to vote in county which he claimed as his was before he became employee. Id. �, home and in which he paid a poll tax and owned land, although he was subject to The domicile or legal residence of the d" 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, No C -158. in which he paid poll taxes, owned land, had voted for 15 years, and in which was located . 6. Temporary absence house to which he returned after trips ne- A widow was entitled to vote in county in 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 z ;' 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- t.. Spraggins v. Smith (Civ.App.1948) 214 other county. Id. J S.W.2d 815. In proceeding to contest primary election Evidence supported finding that candi- 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 for office of county and criminal district purposes was in county where they owned a ,. • a ttorney and entered into binding contract home and paid poll taxes and in which they 1 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 clared 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 ri'= 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.W2d 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. 1966) 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 t Thomas (Civ.App.1966) 407 S.W.2d 234. voting resident of district. Id. 20 ,i" F , s t GENERAL PROVISIONS § 1.015 Ch. 1 Note 8 ` ` Husband and wife, who had lived for A minister was not entitled to vote in a 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. 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 they intended to return after birth of child, man, evidence sustained finding that certain were 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. 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 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 of residence more frequently than married Evidence that voter had worked in Irion men does not change their definite legal • County for 46 years but had moved out of rights for voting purposes. McBeth v. county after his wife became ill and that he Streib (Civ.App.1936) 96 S.W.2d 992. would return to county if his wife's health 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- 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- f 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 a few days before election, was not a resi- school district consolidation election, but s; • dent entitled to vote; facts showed that who had lived permanently and voted for .1,, voter was not resident of another county, many years outside the district and who left 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 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 - 865. ed them only occasionally, and though one > 21 1 ;: § 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 residents for voting purposes. Guerra v. wife resides, did not operate to make him a 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 I `. voting 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 k , Cantu (Civ.App.1940) 143 S.W.2d 126. voting purposes. Rodriguez v. Thompson ,'• Legal 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 s . 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 legal residence. Op.Atty.Gen.1956, No. S— ,, County and wife maintained legal residence 207. in that county, finding in statutory contest 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 r'': 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 length -of- residence requirements, she would county, they were ineligible to vote in coun be entitled to vote in Texas if otherwise ty. Rodriguez v. Thompson (Civ.App.1976) qualified. Id. ',; 542 S.W.2d 480. Where a resident citizen of this State 11. Students married a woman who was a resident citi- Statements as to residency which were 4 zen of Mexico, and following the marriage made by college students on enrollment l the wife continued to live in Mexico and the shortly prior to commencement of litigation j husband continued to live and conduct his over their right to be registered as voters in 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 3-' IV 5 .;_ 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. 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 1 admissible to show residence, are not " law and is solely of state concern. Ballas v. y Symm (D.C.1972) 351 F.Supp. 876, affirmed controlling if actual facts justify contrary 494 F.2d 1167. conclusion. Stratton v. Hall (Civ.App.1936) 90 S.W.2d 865. i' Texas voting registrar's requirement that Evidence of a married voter's intention college dormitory residents establish that can be considered in determining his resi - ;; they intended to remain in community after 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- ment. U.S. v. State of Tex. (D.C.1978) 445 trolling. McBride v. Cantu (Civ.App.1940) F.Supp. 1245, affirmed 99 S.Ct. 1006, 439 143 S.W.2d 126. 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 until husband obtained employment in That an unmarried university student Hutchinson county, that they then moved to • ` during a vacation went to a particular town and declared his intention of becoming a Hutchinson county where they were resid • ing at time of election, and that there was ,, resident thereof, and went from the univer- ' sity to that place to vote, sufficiently ''' nothing to indicate that they did not intend to remain in Hutchinson county indefinitely, showed that he resided therein, rendering ; i his vote legal. Linger v. Balfour (Civ.App. established that wife was not a resident of } his 149 S.W. 795. Oldham county at time of election. Harwell 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 man, had paid poll tax in Oldham County i 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 ;, M working for the federal government in Pot - 12. Boundaries ter County and was maintaining his living I 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 resided in Oldham County, but that after S.W.2d 720, error dismissed. 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 i overcome by evidence pertaining to poll tax election statutes, where he seeks to vote i receipts, declaration on school census, prior outside the place of his actual physical resi - 1 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. i 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- -k, 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- 1 mined in accordance with recognized lines. cations of such voters; but if district is x Del Rio Independent School Dist. of Val large and populous, and witnesses have not 23 ' ,k 1 : , § 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 light 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 , F' 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 cr -A 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- Testimony of sheriff that he knew woman ties, so long as reasonable opportunity is i , 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 property taxes were attended to by her F.Supp. 8. E, attorneys was not sufficient to raise issue x of invalidity of woman's vote at party pri- Rebuttable presumption of student non - mary election. Id. residency is neither irrational nor imprecise. Id. , 4 Where husband and wife listed no proper- '• ty for taxation in Irion County, witness Evidence was insufficient to warrant the tir.. • 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 residents of Irion County and their votes in favor of the validity of the vote. John- 1 t ,, 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 de- µ_ 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) I show 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 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 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 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- 1' 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. § 1.016. Computation of Age A person attains a specified age on the day before the anniversary of the person's birthday. Historical Note 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. 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). Library References Elections €66. C.J.S. Elections § 17. • • 25