city of lago vista ordinance no. 18-11-15-01 an …...the mayor, in time of declared emergency, may...

CITY OF LAGO VISTA ORDINANCE NO. 18-11-15-01

AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF LAGO VISTA, TEXAS, PROVIDING FOR AN ORDER CANVASSING THE RETURNS OF THE CITY OF LAGO VISTA'S NOVEMBER 6, 2018 GENERAL ELECTION FOR THE OFFICE OF COUNCIL MEMBER PLACE 2, COUNCIL MEMBER PLACE 4 AND COUNCIL MEMBER PLACE 6, ALL OFFICES OF WHICH ARE ELECTED ON AN AT LARGE BASIS; PROVIDING FOR AN ORDER CANVASSING THE RETURNS OF THE SPECIAL ELECTION FOR THE PUR[OSE OF SUBMITTING TO THE DULY QUALIFIED VOTERS OF THE CITYFOR THE ADOPTION OR REJECTION OF SEVEN (7) PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY.

WHEREAS, on November 6, 2018, a General Election was held at which the qualified voters of the City had the opportunity to vote for the purpose of electing the hereinafter named officials; and

WHEREAS, the qualified voters of the City were also provided the opportunity to vote for the purpose of adoption or rejection of seven (7) proposed amendments to the existing Charter of the City of Lago Vista; and

WHEREAS, pursuant to and in compliance with the Texas Election Code, the City Council of the City of Lago Vista is required to canvass the returns of the General and Special Elections held on November 6, 2018 and the City Council having met to canvass the returns and to declare the results of said elections in the manner provided by law.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAGO VISTA, TEXAS:

SECTION 1. THAT, for the purpose of electing the hereinafter named officials, and it appears from said returns, duly and legally made, that there were case at said election ????? valid legal votes; that each of the candidates in said election received the following votes:

GENERAL ELECTION:

COUNCIL MEMBER PLACE 2 Don Barthlow 1,510 Kevin Sullivan 1,370

COUNCIL MEMBER PLACE 4 Selima Harbison Timothy J. Collins

City of Lago Vista Ordinance No. 18-11-15-01

1,200 1,637

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COUNCIL MEMBER PLACE 6 Frank Robbins 1,468 Darnell Powell 1,256

SECTION 2. THAT, said election was duly called, that notice of said election was given in accordance with law, and that said election was held in accordance with law; and that Don Barthlow was duly elected to the office of Council Member Place 2; that Timothy Collins was duly elected to the office of Council Member Place 4; that Frank Robbins was duly elected to the office of Council Member Place 6 at large for the City of Lago Vista, Texas. Said abovenamed parties are hereby declared duly elected to their said respective offices, subject to the filing of their "Statement of Elected Official" and the taking of their "Oath of Office" as provided by the laws of the State of Texas. The Office term will commence at the first regular Council meeting after a member of the Council has been declared elected and duly qualified for office.

SECTION 3. THAT, for the purpose of determining the adoption or rejection of the proposed amendments to the existing Charter of the City, that there were cast for each of the Propositions the following votes:

PROPOSITION A

Shall Section 1.04, entitled "Annexation and Dis-annexation" be amended to provide for the City's annexation authority in accordance with current Texas Law and to specify dis-annexation by ordinance? If approved, Section 1.04 would read as follows:

Section 1.04 Annexation and Dis-annexation. a. Annexation by City Council. The Council shall have the power, by ordinance,

to annex adjacent property, to fix the boundaries of the City and to provide for the alteration or extension of said boundaries, pursuant to the laws of the State of Texas, now or as may be amended.

b. Dis-annexation. The City Council may, by ordinance, dis-annex any teITitory within the corporate boundaries of the City if the City Council determines that the territory is not necessary or sustainable for City purposes.

Votes Cast For: 1, 753(56.11 % ) Votes Cast Against: 1,371(43.89%)

PROPOSITION B

Shall Section 3.06, entitled "Mayor" be amended to remove the executive power of the Mayor, limit the Mayor's authority to direct employees and to require the Mayor to work through the City manager when seeking information from employees? If approved, Section 3 .06 would read as follows:

Section 3.06 Mayor.

City of Lago Vista Ordinance No. 18-11-15-0 I of6

a. The Mayor shall be recognized as the head of the City for legal and ceremonial purposes and by the Governor of the State of Texas for all purposes of military law.

b. The Mayor shall work closely with the Council to obtain legislation in the public interest and with the City Manager to ensure that the same is enforced, preside at all meetings of the Council and provide the leadership necessary to ensure good government.

c. The Mayor may call special meetings of the Council and any board or commission and set the agenda therefore,

d. The Mayor shall participate in discussion and vote on all matters coming before the Council but shall have no power to veto.

e. The Mayor may meet with and obtain information from the City Manager

f. The Mayor may consult with and advise the City Manager with respect to any city business or issue,

g. The Mayor may require any item or items to be included on or deleted from the agenda for a Council meeting. Agenda items which have been specifically requested by two (2) or more Council Members may not be deleted.

h. The Mayor shall have signatory authority for all legal contracts and commitments of the City but may not bind or obligate the City in any way without prior authorization from the City Council.

1. The Mayor shall sign all approved ordinances and resolutions,

J. The Mayor may recommend appointees for boards and commissions.

The Mayor, in time of declared emergency, may govern the City by proclamation and direct the City Manager so as to maintain order and enforce all laws. The Mayor shall have such additional powers as are granted to the office by state law, or by ordinance not inconsistent with this Charter.

Votes Cast For: 2,069(66.04%) Votes Cast Against: 1,064(33.96%)

City of Lago Vista Ordinance No. 18-11-15-01 of6

PROPOSITION C

Shall Section 3.23, entitled "Prohibitions" be amended to clarify Council, including the Mayor, only has powers as a body with a quorum present except where a power is conferred upon an individual member by the Chaiier or by Council? If approved, Section 3.23 would read as follows :

Section 3.23 Prohibitions. The Council shall have powers only as a body meeting with a quorum present and no member shall have power to act individually, except where that power may be conferred upon the member in this Charter or by the Council. The individual Council members shall have the right to meet with the Mayor to inquire about any matter or issue and with the City Manager or depaiiment head to obtain information deemed necessary to make informed decisions regarding the business of the city. No member of the Council shall give orders directly to the City Manager, and no Council Member shall give orders directly to any other City employee.

Votes Cast For: 2,542(82.21 %) Votes Cast Against: 550 (17.79%)

PROPOSITION D

Shall Section 4.01, entitled "City Manager" be amended to clarify that the City Manager is the chief executive and administrative officer of the City? If approved, the first sentence of the second pai·agraph of Section 4.01 would read as follows:

The City Manager is the chief executive and administrative officer of the City, responsible to the Council for the efficient administration of all the City's affairs placed in the Manager's charge by or under this Charter.

Votes Cast For: 2,042(66.78%) Votes Cast Against: 1,016(33.22%)

PROPOSITION E

Shall Section 5.01, entitled "Elections" be amended to add new rules regarding candidates for elected office? The new rules would require an incumbent to file for the same position as presently held or to file for office earlier and resign from their ctment office. If approved, the following paragraph will be added to the end of Section 5.01:

Candidates shall follow these rules:

a. No candidate for office, including incumbents, may withdraw their candidacy and refile in the same election; and

b. No candidate may file for more than one office or position number per election; and


c. Incumbents seeking re-election must file for the same position that he or she presently holds; and

d. An elected Councilmember, filing for office of Mayor, shall file for election fifteen (15) days on or before the filing deadline; and

e. An elected Councilmember, filing for office of Mayor, shall resign from the office presently held on or before the canvassing date.

Votes Cast For: 2,543(83.16%) Votes Cast Against: 515 (16.84%)

PROPOSITION F

Shall Section 7.04, entitled "Board of Adjustment" be amended to remove the Board's authority to consider variances and hear appeals of decisions regarding the building code that are heard by the Building C01mnittee? If approved, Section 7.04 would read as follows:

Section 7.04 Board of Adjustment. A Board of Adjustment is established to perform such duties and functions as required or authorized by state law, this Chaiier, and the enabling ordinance.

Votes Cast For: 2,086(69.84%) Votes Cast Against: 901 (30.16%)

PROPOSITION G

Shall the Charter be amended to correct non-substantive grammatical and typographical e1Tors and to allow for the addition of a table of contents?

Votes Cast For: 2,687(88.39%) Votes Cast Against: 353 (11.61 %)

SECTION 4. THAT, the City Council further finds that such returns are correct and adopts them as the returns of the General Election and Special Election, that a copy of the Official Cumulative Report is attached hereto as Exhibit "A" and incorporated herein, and an Official Precinct Report is on file with the office of the City Secretary.

SECTION 5. THAT, the above listed Propositions each received a majority of votes by the voters at the November 6, 2018 Special Election and thus be declared adopted by the City and the City's Chaiier be amended to reflect the above adopted Propositions.

SECTION 6. THAT, it is found that the meeting of the City Council at which this Ordinance was adopted was open to the public and it is fuiiher found and detennined that in accordance with the Order of this Governing Body that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.


SECTION 7. THAT, all ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein.

SECTION 8. THAT, if any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid prov1s10n.

SECTION 9. THAT, the recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a paii of the judgment and findings of the Council.

SECTION 10. THAT, this Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America.

SECTION 11. THAT, this Ordinance is effective immediately upon its passage and approval pursuant to City Chaiier Section 3 .16.

AND, IT IS SO ORDAINED.

PASSED AND APPROVED this 15111 day of November 2018.

CITY OF LAGO VISTA, TEXAS

ATTEST:

~~-Sandra Baiion, City Secretary

On a motion by Councilman Weatherly, seconded by Councilman Davila, the above and foregoing ordinance was passed and approved.


TRAVIS COUNTY ,CLERK ELECTIONS DIVISION

Certified Final Canvass Report

City of Lago Vista

Joint General and Special Elections November 6, 2018

Dana DeBeauvoir County Clerk

November 6, 2018 Joint General and Special Elections Travis County November 06, 2018

Official Results

City of Lago Vista Canvass Report

Precinct Report Precinct 308

Total Registered Voters 5,765 Total registered voters in Precinct 308 0

Early Voting Election Day

Total Ballots Cast in Precinct 0 0 % ofTotal Registered Voters in Precinct 0.00% 0.00% % of Total Votes Cast in Precinct 0.00% 0.00%


PLACE 2, COUNCIL MEMBER, CITY OF LAGO VISTA, Vote For 1 Don Barthlow 0 0.00% 0 0.00% Kevin Sullivan 0 0.00% 0 0.00%

Total Votes Counted in this Race: 0 0

Over Votes: 0 0

Under Votes: 0 0

PLACE 4, COUNCIL MEMBER, CITY OF LAGO VISTA, Vote For 1 Selima Harbison 0 0.00% 0 0.00% Timothy J. Collins 0 0.00% 0 0.00%


Over Votes: 0 0

Under Votes: 0 0

PLACE 6, COUNCIL MEMBER, CITY OF LAGO VISTA, Vote For 1 Frank Robbins 0 0.00% 0 0.00% Darnell Powell 0 0.00% 0 0.00%


Over Votes: 0 0

Under Votes: 0 0

PROPOSITION A, CITY OF LAGO VISTA, Vote For 1 For 0 0.00% 0 0.00% Against 0 0.00% 0 0.00%

Total Votes Counted In this Race: 0 0

Over Votes: 0 0

Under Votes: 0 0

PROPOSITION B, CITY OF LAGO VISTA, Vote For 1 For 0 0.00% 0 0.00% Against 0 0.00% 0 0.00%


Over Votes: 0 0

Under Votes: 0 0

PROPOSITION C, CITY OF LAGO VISTA, Vote For 1 For 0 0.00% 0 0.00% Against 0 0.00% 0 0.00%


Over Votes: 0 0

Under Votes: 0 0

Page 1 of6

11/15/2018 03:10 PM

Total Vote

0

0.00%

Total Vote

0 0.00%

0 0.00%

0

0

0

0 0.00%

0 0.00%

0

0

0

0 0.00%

0 0.00%

0

0

0

0 0.00%

0 0.00%

0

0

0

0 0.00%

0 0.00%

0

0

0

0 0.00%

0 0.00%

0

0

0


Official Results



Total Registered Voters 5,765 Total registered voters in Precinct 308 0


Total Ballots Cast in Precinct 0 0

% of Total Registered Voters in Precinct 0.00% 0.00%

% ofTotal Votes Cast in Precinct 0.00% 0.00%


PROPOSITION D, CITY OF LAGO VISTA, Vote For 1 For 0 0.00% 0 0.00% Against 0 0.00% 0 0.00%


Over Votes: 0 0

Under Votes: 0 0

PROPOSITION E, CITY OF LAGO VISTA, Vote For 1 For 0 0.00% 0 0.00% Against 0 0.00% 0 0.00%


Over Votes: 0 0

Under Votes: 0 0

PROPOSITION F, CITY OF LAGO VISTA, Vote For 1 For 0 0.00% 0 0.00% Against 0 0.00% 0 0.00%


Over Votes: 0 0

Under Votes: 0 0

PROPOSITION G, CITY OF LAGO VISTA, Vote For 1 For 0 0.00% 0 0.00% Against 0 0.00% 0 0.00%

Total Votes Counted In this Race: 0 0

Over Votes: 0 0

Under Votes: 0 0

Page 2 of6

11/15/2018 03:10 PM

Total Vote

0

0 .00%

Total Vote

0 0.00%

0 0.00%

0

0

0

0 0.00%

0 0.00%

0

0

0

0 0.00%

0 0.00%

0

0

0

0 0.00%

0 0.00%

0

0

0


Official Results



Total Registered Voters 5,765 Total registered voters in Precinct 371 1,832


Total Ballots Cast in Precinct 674 476

% of Total Registered Voters in Precinct 36.79% 25.98%

% ofTotal Votes Cast in Precinct 58.61% 41 .39%




Over Votes: 0 0

Under Votes: 161 111

PLACE 4, COUNCIL MEMBER, CITY OF LAGO VISTA, Vote For 1 Selima Harbison 236 46.73% 168 45.53% Timothy J. Collins 269 53.27% 201 54.47%


Over Votes: 0 0




Over Votes: 0 0




Over Votes: 0

Under Votes: 107 82



Over Votes: 0 0

Under Votes: 110 80

PROPOSITION C, CITY OF LAGO VISTA, Vote For 1 For 470 84.38% 322 84.07% Against 87 15.62% 61 15.93%


Over Votes: 0 0

Under Votes: 117 93

Page 3 of6

11/15/2018 03:10 PM

Total Vote

1,150

62.77%

Total Vote

472 53.76%

406 46.24%

878

0

272

404 46.22%

470 53.78%

874

0

276

408 49.57%

415 50.43%

823

0

327

533 55.52%

427 44.48%

960

189

658 68.54%

302 31.46%

960

0

190

792 84.26%

148 15.74%

940

0

210

November6, 2018 Joint General and Special Elections Travis County November 06, 2018

Official Results





Total Ballots Cast in Precinct 674 476 % ofTotal Registered Voters in Precinct 36.79% 25.98% % of Total Votes Cast in Precinct 58.61% 41.39%




Over Votes: 0 0

Under Votes: 120 99

PROPOSITION E, CITY OF LAGO VISTA, Vote For 1 For 464 83.60% 299 80.81% Against 91 16.40% 71 19.19%


Over Votes: 0 0




Over Votes: 0 0


PROPOSITION G, CITY OF LAGO VISTA, Vote For 1 For 487 88.87% 315 84.91% Against 61 11.13% 56 15.09%


Over Votes: 0 0


Page 4 of6

11/15/2018 03:10 PM

Total Vote

1,150

62.77%

Total Vote

635 68.21%

296 31.79%

931

0

219

763 82.49%

162 17.51%

925

0

225

622 68.81%

282 31.19%

904

0

246

802 87.27%

117 12.73%

919

0

231


Official Results





Total Ballots Cast in Precinct 1,472 1,077 % of Total Registered Voters in Precinct 37.43% 27.38% % of Total Votes Cast in Precinct 57.75% 42.25%



Total Votes Counted in this Race: 1,160 842

Over Votes: 0 0


PLACE 4, COUNCIL MEMBER, CITY OF LAGO VISTA, Vote For 1 Selima Harbison 479 42.20% 317 38.29% Timothy J . Collins 656 57.80% 511 61.71%


Over Votes: 0 0




Over Votes: 0 0




Over Votes: .o 0




Over Votes: 0 0


PROPOSITION C, CITY OF LAGO VISTA, Vote For 1 For 1,045 82.94% 705 79.04% Against 215 17.06% 187 20.96%


Over Votes: 0 0


Page 5 of6

11/15/2018 03:10 PM

Total Vote

2,549

64.81%

Total Vote

1,038 51.85%

964 48.15%

2,002

0

547

796 40.55%

1,167 59.45%

1,963

0

586

1,060 55.76%

641 44.24%

1,901

0

648

1,220 56.38%

944 43.62%

2.1.64

0

365

1,411 64.93%

762 35.07%

2,173

0

376

1,750 81.32%

402 18.68%

2,152

0

397


Official Results





Total Ballots Cast in Precinct 1,472 1,077 % of Total Registered Voters in Precinct 37.43% 27.38% % ofTotal Votes Cast in Precinct 57.75% 42.25%




Over Votes: 0 0


PROPOSITION E, CITY OF LAGO VISTA, Vote For 1 For 1,065 85.34% 715 80.79% Against 183 14.66% 170 19.21%

Total Votes Counted In this Race: 1,248 885

Over Votes: 0 0



Total Votes Counted In this Race: 1,220 863

Over Votes: 0 0


PROPOSITION G, CITY OF LAGO VISTA, Vote For 1 For 1,131 90.70% 754 86.27% Against 116 9.30% 120 13.73%


Over Votes: 0 0


Page 6 of6

11/15/2018 03:10 PM

Total Vote

2,549

64.81%

Total Vote

1,407 66.15%

720 33.85%

2,127

0

422

1,780 83.45%

353 16.55%

2,133

0

416

1,464 70.28%

619 29.72%

2,083

0

466

1,885 88.87%

236 11.13%

2,121

0

428

Jovember 6, 2018 Joint General and Special Elections 11/15/2018 03:10 PM

-ravis County Jovember 06, 2018

Official Results

City of Lago Vista Cumulative Report

Total Registered Voters 5,765

Total Precincts Completed 3 of 3 100.00%

Early Voting Election Day Total Vote

Total Ballots Cast 2,146 1,553 3,699

% of Total Registered Voters 37.22% 26.94% 64.16%

Early Voting Election Day Total Vote

>LACE 2, COUNCIL MEMBER, CITY OF LAGO VISTA 3 of 3 Precincts Reporting

Don Barthlow 861 51.46% 649 53.77% 1,510 52.43% Kevin Sullivan 812 48.54% 558 46.23% 1 ,370 47.57%

Total Votes Counted in this Race: 1,673 1,207 2,880


Selima Harbison 715 43.60% 485 40.52% 1,200 42.30% Timothy J . Collins 925 56.40% 712 59.48% 1,637 57.70%

Total Votes Counted in this Race: 1,640 1,197 2 ,837


Frank Robbins 894 55.81% 574 51.16% 1,468 53.89% Darnell Powell 708 44.19% 548 48.84% 1,256 46.11%

Total Votes Counted in this Race: 1,602 1, 122 2,724

>ROPOSITION A, CITY OF LAGO VISTA 3 of 3 Precincts Reporting

For 1,083 59.15% 670 51.82% 1,753 56.11% Against 748 40.85% 623 48.18% 1,371 43.89%


1ROPOSITION B, CITY OF LAGO VISTA 3 of 3 Precincts Reporting

For 1,245 67.74% 824 63.63% 2,069 66.04% Against 593 32.26% 471 36.37% 1,064 33.96%


1ROPOSITION C, CITY OF LAGO VISTA 3 of 3 Precincts Reporting

For 1,515 83.38% 1,027 80.55% 2,542 82.21% Against 302 16.62% 248 19.45% 550 17.79%


'ROPOSITION D, CITY OF LAGO VISTA 3 of 3 Precincts Reporting

For 1,237 68.84% 805 63.84% 2,042 66.78% Against 560 31.16% 456 36.16% 1,016 33.22%


'ROPOSITION E, CITY OF LAGO VISTA 3 of 3 Precincts Reporting

For 1,529 84.80% 1,014 80.80% 2,543 83.16% Against 274 15.20% 241 19.20% 515 16.84%


Page 1of2

fovember 6, 2018 Joint General and Special Elections -ravis County Jovember 06, 2018

Official Results

City of Lago Vista Cumulative Report

Total Registered Voters

Total Precincts Completed

Total Ballots Cast

% of Total Registered Voters

>RQPOSITION F, CITY OF LAGO VISTA 3 of 3 Precincts Reporting

For

Against

Total Votes Counted in th is Race:

>ROPOSITION G, CITY OF LAGO VISTA 3 of 3 Precincts Reporting

For

Against

Total Votes Counted in this Race:

5,765 3 of 3

Early Voting

2,146

37.22%

Early Voting

1,240 70.33%

523 29.67%

1,763

1,618 90.14%

177 9.86%

1,795

Page 2 of 2

100.00%

Election Day

1,553

26.94%

Election Day

846 69.12%

378 30.88% ====

1,224

1 '069 85. 86%

176 14.14% ====

1,245

11/15/2018 03:10 PM

Total Vote

3,699

64.16%

Total Vote

2,086 69.84%

901 30.16% ====

2 ,987

2 ,687 88.39%

353 11.61% ====

3,040

city of lago vista ordinance no. 18-11-15-01 an …...the mayor, in time of declared emergency, may...

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