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HomeMy WebLinkAbout1985 06_Election to change City Charter_1985.02.05RESOLUTION NO® 85-06 A RESOLUTION PROPOSING AM�ENDMENTS AND REPEALER TO THE CHARTER OF THE CITY OF OWASSO, OKLAHOMA, IN ARTICLE 2, ARTICLE 3, ARTICLE 6, AND ARTICLE 7 THEREOF, AND CALLING FOR AN ELECTION IN THE CITY OF OWASSO, OKLAHOMA, FOR THE PURPOSES OF SUBMITTING TO THE REGISTERED, QUALIFIED VOTERS 0? SAT D CITY OF OWASSO, OKLAHOMA, THE QUESTIONS OF AMENDING AND REPEALING VARIOUS SECTIONS IN THE AFOREMENTIONED ARTICLES OF THE CHARTER OF THE CITY OF OWASSO, OKLAHOMA, SETTING BALLOT REQUIREMENTS, PUBLICATION OF PROPOSED CHANGES, ELEECTION DATE, AND DECLARING AN EMERGENCY. WHEREAS, under the provisions of Article 9, Section 9-1, the Charter of the City of Owasso, Oklahoma, may be amended by proposals therefor submitted by the Council, and at a general or special election therefor, ratified by a majority of the qualified electors voting thereon and approved by the Governor as provided by the State Constitution; and, WHEREAS, it is deemed advisable by the City Council of the City of Owasso, Oklahoma, that the present Charter of said City of Owasso, Oklahoma, be amended in certain particulars and that certain portions therein be repealed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section 1: That the City Council of the City of Owasso, Oklahoma, hereby proposes that the Charter of the City of Owasso, Oklahoma, be amended in part and that part of the City Charter of the City of Owasso, Oklahoma, be repealed, both proposed amendments and proposed repealer being those as set forth in Exhibit. "A" attached hereto® Section 2: That the City Council of the City of Owasso, Oklahoma, consistent with Article 9 of the Charter of the City of Owasso, Oklahoma, as well as state law relating thereto, calls for an election to be held in the City of Owasso, Oklahoma, on the 2nd day of April, 1985, same being a date for general election, or if such general election not be held, such being hereby called as a date for a special election to be held hereon, for the purpose of submitting to the qualified electors of the City of Owasso, Oklahoma, for their ratification or rejection amendments to and repeal of those portions of the Charter of said City of Owasso, Oklahoma, referred to in Exhibit "A". Section 3: The amendments and repeaters contained in said Exhibit "A" shall be placed on the ballot for ratification or rejection in a manner so that each Section of the Articles containing the proposed changes may be voted upon separately, except that where passage of a proposal contained in one Article is interrelated with that proposed in another, the two may be combined for voting purposes; further, that in addition to provision for voting separately on each Article, the ballot shall be prepared in such a manner as to allow the voters to vote for approval or rejection of the proposals in their entirety by a single mark, provision for same to be placed at the top of said ballot. Section 4: The ballot shall set forth propositions set out in Exhibit "A" attached hereto, in a concise manner, containing the gist of the propositions couched in language that may be readily understood by persons not engaged in the practice of 'Law. The ballot title shall contain language which clearly states that a "yes" vote is a vote in favor of the proposition and meaning to ratify such proposition, and a 99no" vote is a vote against the proposition and meaning to reject such proposition® Section 5: This Resolution, in addition to the proposal for amendments to and repeaters of portions of the Charter of the City of Owasso, Oklahoma, shall constitute a call for an election ratifying the proposals or rejecting same, in whole or in part. Additionally, consistent with the provisions of Section 6-10 of Article 6 of the Charter of the City of Owasso, Oklahoma, said election shall be conducted in accordance with the provisions of the State Constitution and laws applicable to city elections® Section 6: The proposed amendments and repeaters as well as an announcement of the date for the election on same shall be published as required by law. Section -7: The present Articles of the Charter of the City of Owasso, Oklahoma, as well as -the proposed Articles as they would appear if the amendmen-ts and repeaters were ratified and approved, is attached hereto as Exhibit "B" and incorporated by reference herein to be used for purposes of comparison and understanding of the changes proposed herein. Section 8: That by reason of the fact that the effective date of this Resolution must occur prior to thirty days from the date hereof in order that submission of the proposed amendments and repeaters to the qualified electors may occur on AprL Jl 2, 1985, and by virtue thereof result in a substantial savings of monies to the City Of Owasso, Oklahoma, and as a result thereof, the inhabitants of the City of Grasso® Oklahoma, it is necessary that this L Resolution take effect immediately upon its passage and publication® As a result of such action being necessary for the purposes of effectuating a substantial savings to the inhabitants of the City of Owasso, Oklahoma, an emergency is hereby declared to exist whereby, this Resolution shall take effective immediately upon passage and publication thereof® PASSED AND APPROVED this 5th day of February, 1985, with the emergency clause voted upon separately® CITY COUNCIL, CITY OF OWASSO, OKLAHO' A By: Boyd M. s ncer, Mayor ATTEST: Ann Wen4.tickson, City Clerk OVED AS TO E'QRM-. Ronald D. Cates, City Attorney Affidavit Of Publicatio STATE OF OKLAHOMA, TULSA COUNTY, ss Bill R. Retherford, of lawful age, being (' and authorized, says that he is publisher of the Owasso Reporter newspaper printed in the City of Tulsa County, Oklahoma, a newspaper qi publish legal notices, advertisements and publi provided in Section 106 of Title 25, Oklahoma Ste as amended, and thereafter, and complies wilt x t requirements of the laws of Oklahoma with re t legal publications. That said notice, a true copy of which is t hereto, was published in the regular editic newspaper during the period and time of publi;; nlinea s plee e i, on the following dates: Arc b,, . � ......... 198.5 ............ e 1 Subscribed and sworn to before e this.. 7t. day of r Mare ............................ g N( Mycommission expires: S!p�e. e.r 3, • e PUBLISHER'S FEE s. 42-2.2( t 1 it to ae _ a to a to 7e Of 01 an In th ie id th Vs,r d to Section 7; The present ,Articles of the Charter of the 0-ty of £wpsso ,0 . ,,., : as the pr Articles as they would appear if the amendments and<<re is - 'uriiifie(i and ED BY purposes of cows ' Of ' IT OF ' the e1mgespro edberein. Seetdess S; Tisa4lay.xeasozasfYitie that the effuse date o €t2sis �teasols&Bacaxsattlu�e ca�cterprior City of to dap hro as the date ' ' Saa`�%�atBea that hat the Land aria, ,,be repeaiers to #tae ed et oza ar On ie City ii 2, t9&5, azad by virtue f giant in a ma, ',be sad pro- s�abstaxstial sa ' of to` 'L1V > Q3 and a sttlttttereof the exhibit inhabitants of tb&Qty,9f,-,P—was Quaboma it effect is necessary that this take ect sacaa�aediatety asps its ps�$e and alalschon PROPOSITIONS FOR AMENDMENT TO THE CHARTER OF THE CITY OF OWASSO, OKLAHOMA PROPOSITION I Shall Article 2, Section 2-1(b) of the Charter of the City of Owasso, Oklahoma, be amended to provide as follows: "Only qualified electors of the City who reside in the respective wards from which they are elected or appointed to fill a vacancy, shall be qualified for the offices of Councilmen. Upcn election, or a2p,rointment as the case mjy_bf, such Councilman shall continue to reside within the ward from which elected or appointed during the entire term of said Councilman's office, or upon removal of residence therefrom, forfeit such office® No Councilman may hold any office in the City government by appointment by the City Manager or by any subordinate of the City Manager. If the Mayor or any other Councilman is convicted of a crime involving moral turpitude, his office shall become vacant immediately when the case is finally determined." PROPOSITION II Shall Article 2, Section 2-8 of the Charter of the City of Owasso, Oklahoma, be amended to provide as follows: "If the Mayor or any other Councilman is absent from more than one-half of all the regular and special meetings of the Council held within any period of four consecutive calendar months, such person shall thereupon cease to hold offi—C-7.71 p PROPOSITION III Shall Article 3, Section 3-1(a) of the Charter of the City of Owasso, Oklahoma, be amended to provide as follows: "There shall be a City Manager. The Council shall appoint him for an indefinite term by a vote of malority of all its members® It shall choose him solely on the basis of his executive and adminis- trative qualifications. At the time of his appointment, he need not be a resident of the City or State; but, during his tenure of office, he shall reside within the limits of said City or the desiqnated fence line thereof® Neither the Mayor nor any other Councilman may be appointed City Manager or Acting City Manager during his term nor within two years after the expiration of his term." PROPOSITION IV Shall Article 6, Section 6-3, and Section 6-4 of the Charter of the City of Owasso, Oklahoma, be amended to provide as follows: 13 "Section 6-3: Any person qualified for the office for which is filing may have his name placed on the ballot for the primary election as a candidate for councilman from his ward by -filing, on the first Monday, Tuesday, or -Nednesdav of February, unless any_such day or days be-a legal holiday or a day wherein the office of the secretary of the county election board is lawfully closed, whereupon such time shall be extended commensur- ate with the legal holiday or lawful closing, with the secretary of the county election board, a sworn statement Of hJL's candidacy. Section 6-4® �_2��mary election shall be held on the first Tuesday in March of every year to nominate candidates for Councilmen to succeed those whose -terms are expiring in the respective year. If only one person is a candidate for an office to be filled, he shall be not only nominated, but also elected ipso facto, and his name shall not appear on the primary or general election ballot. Every qualified elector of the City shall be entitled to vote for one candidate for each office to be filled.H PROPOSITION V Shall Article 7, Section 7-1 through Section 7-5 of the Char-ter of the City of Owasso, Oklahoma, be repealed and provide in place thereof the following: ARTIC-LE 7 REMOVAL OF COUNCILMEN "Section 7-1: in addition to the circumstances hereinbefore mentioned terminatinq the term of office of a Councilman ­ u n - councilman, Co cilman may §e removed from office for any cause specified by a__ �liq�able state law for the removal of -officers, and by_the method or methods Prescribed therebv.®a