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Home My WebLink AboutOrdinance 3914 ORDINANCE NO. 3914 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ORDERING A SPECIAL ELECTION BY THE QUALIFIED VOTERS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ON NOVEMBER 4, 2025, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF NORTH RICHLAND HILLS AND ORDAINING RELATED MATTERS. WHEREAS, the North Richland Hills City Charter was adopted on November 3, 1964, creating a home rule charter and the City Council/City Manager form of government for the City of North Richland Hills ("City"); and WHEREAS, Article XVIII, Section 21 of the Charter states that the Charter may be amended no more than once every two years; and WHEREAS, the City Charter was previously amended by election in 1969, 1974, 1981, 1987, 1992, 2001, and 2023, with the last amendment being in May 2023; and WHEREAS, on January 27, 2025, the City Council adopted Resolution No. 2025-008 appointing a Charter Review Commission to consider and make recommendations for amendments to the City Charter related to term limits; and WHEREAS, the Charter Review Commission made certain recommendations to the City Council of North Richland Hills on June 9, 2025, recommending the City Council consider amendments to the Charter; and WHEREAS, City staff has prepared and proposed one additional charter amendment to address recent changes to the law related to competitive bidding requirements; and WHEREAS, the City Council finds it in the best interest of the citizens of North Richland Hills to submit proposed amendments to the existing Charter to the qualified voters of the City in a special election to be held on November 4, 2025. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1: Incorporation of Recitals. The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated Ordinance No.3914 Page 1 of 7 into this Ordinance as if written herein. SECTION 2: Special Election Called. In compliance with the Charter of the City of North Richland Hills, Chapter 9 of the Texas Local Government Code, and the Texas Election Code (the "Code"), the City Council hereby orders that a special election be held on a uniform election day, Saturday, November 4, 2025, for the purpose of submitting to the qualified voters of the City of North Richland Hills, for adoption or rejection, the proposed amendments to the existing Charter as set forth in Exhibit"A,"which is attached hereto and incorporated herein. The election shall be held between the hours of 7:00am and 7:00pm, in conjunction with other elections conducted by Tarrant County to be held on the same day and at the same time. The polling locations in North Richland Hills for this Special Election include: Library (Community Room) City Hall (Community Room) 9015 Grand Avenue 4301 City Point Drive North Richland Hills, TX 76180 North Richland Hills, TX 76180 Qualified North Richland Hills voters will also be able to cast their ballots at any countywide polling location on Election Day. SECTION 3: Propositions to be on the Ballot. The official ballot to be used in said election shall be prepared in accordance with Sections 52.072 and 52.073 of the Code and shall have the Propositions set forth in Exhibit"A"printed thereon.The ballot shall be printed in English,Spanish, and Vietnamese for use in said election. Each proposed Charter amendment in Exhibit "A" shall contain a separate and distinct subject so that voters may approve or disapprove any one or more amendments without having to approve or disapprove all of the amendments by voting "FOR" or"AGAINST" on each said amendment. SECTION 4: Joint Election Agreements Approved. The Mayor is authorized to enter into joint election agreements and other contracts as necessary for election services with Tarrant County conducted under the authority of Chapter 271 of the Code (the "Agreements"). The election shall be conducted pursuant to the election laws of the State of Texas. SECTION 5: Early Voting. A. Early voting by personal appearance. Early voting by personal appearance will be held jointly with other political subdivisions in Tarrant County beginning on October 20, 2025 and will continue through October 31, 2025 at the locations established by Tarrant County on the dates and Ordinance No.3914 Page 2 of 7 times as follows or as may be amended by Tarrant County: October 20-24, 8:00 a.m. to 5:00 p.m. October 25, 7:00 a.m. to 7:00 p.m. October 26, 10:00 a.m. to 4:00 p.m. October 27-31, 7:00 a.m. to 7:00 p.m. The main early voting location shall be located at: Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 Early voting locations in North Richland Hills include: Library (Community Room) City Hall (Community Room) 9015 Grand Avenue 4301 City Point Drive North Richland Hills, TX 76180 North Richland Hills, TX 76180 B. Early voting by mail. Tarrant County Chief Elections Administrator, or his designee, is hereby designated as Early Voting Clerk for the city's election. The Tarrant County Chief Elections Administrator may appoint other deputy early voting clerks as necessary. Applications for early voting by mail may be delivered to the Chief Elections Administrator beginning January 1, 2025, but not later than October 24, 2025 if delivered by mail to: Early Voting Clerk 2700 Premier Street Fort Worth, Texas 76111 Early voting by mail ballots shall be mailed to the Chief Elections Administrator at the same address. Pursuant to Section 83.010 of the Code, the early voting clerk's email address, phone number, and internet website are as follows: Early Voting Clerk electionsinfo@tarrantcounty.corn 817-831-8683 https://www.tarrantcounty.com/elections C. Early voting by Ballot Board. Early voting, both by personal appearance and by mail, shall be canvassed by the Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and Alternate Presiding Ordinance No.3914 Page 3 of 7 Election Judge, as set forth in the Agreements, shall serve as the presiding officer and alternate presiding officers, respectively, of the Early Voting Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board. SECTION 6: Governing Law and Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Code. All resident qualified voters of the City shall be eligible to vote in the election. SECTION 7: Publication and Posting of Notice of Election. Notice of the election shall be given as required by Chapter 4 of the Election Code and Section 9.004 of the Texas Local Government Code. SECTION 8: Necessary Actions. The Mayor is authorized to execute a joint election agreement and contract for election services with Tarrant County whereby Tarrant County will provide all material, supplies, and personnel to hold the election contemplated hereby, including any runoff election which may be required, and will be responsible for coordinating, supervising, and administering the joint election. This Ordinance shall be construed with any action of the governing bodies of other Tarrant County political subdivisions providing for the conduct of a joint election as herein contemplated. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. SECTION 9: Effective Date of Amendments. The proposed amendments in Exhibit "A," if approved by a majority of the qualified voters voting upon said amendments, shall become a part of the City Charter of the City of North Richland Hills as soon as an official action has been taken by the City Council of the City of North Richland Hills, declaring said amendments adopted. SECTION 10: Open Meetings Compliance. It is hereby officially found and determined that the meeting at which this Ordinance was adopted and said election was called was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551 of the Texas Government Code. SECTION 11: Statement of Fiscal Impact. Section 9.004(c)(2) of the Texas Local Government Code requires a statement of the anticipated fiscal impact to the City if the proposed amendments are approved. The City asserts that if the proposed amendments are approved an overall analysis reflects that there should be no immediate fiscal impact upon the probable economic Ordinance No.3914 Page 4 of 7 cost to the City; other than, if Proposition A is approved, there will be a cost- savings of approximately $47,0000 every third year because a general election will not be necessary with the first year of savings being in Fiscal Year 27. SECTION 12: Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 13: Effective Date. This Ordinance, election order, call, and notice shall take effect upon adoption. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 23rd day of June, 2025. CITY OF NORTH RICHLAND HILLS 74/1 J k McCarty, Mayor ATTEST: o®®®e \��LANaPeee6� ,� ti,t: v� - rp aglr Alicia Richardson vZ 'I;T City Secretary/Chief® v ;nancp• c er APPROVED AS TO FORM P1NI7 LEGALITY: a.. Bradley . Anderle, City Attorney Ordinance No.3914 Page 5 of 7 EXHIBIT "A" THE FOLLOWING PROPOSITIONS SHALL BE PLACED ON THE BALLOT, FOR ADOPTION OR REJECTION, BY THE QUALIFIED VOTERS OF THE CITY OF NORTH RICHLAND HILLS AMENDING THE EXISTING CHARTER OF SAID CITY IN SUBSTANTIALLY THE FOLLOWING FORM: CHARTER AMENDMENTS RELATED TO THE TERM OF CITY COUNCIL: Place an 'X' in the square beside the statement indicating the way you wish to vote. PROPOSITION A Shall Article V, Sections 3 and 7 of the North Richland Hills Home Rule Charter be amended and Section 3A be added to provide that the Mayor and Council members shall be elected for three-year terms; to provide that the Mayor and Council ❑ For members must be elected by a majority vote; to provide for the transition to three- year terms by establishing an election schedule; to provide that 730 days served ❑ Against constitutes a three-year term; to provide that a person who vacates their office after serving 360 days has served a term;to provide that in the event there is one vacancy in any office with a three-year term with an unexpired term of 364 days or less may be filled by appointment of the Mayor with approval of council; to provide that vacancies in any office with a three-year term with an unexpired term of greater than 364 days must be filled by special election within 120 days of the vacancy? PROPOSITION B Shall Section 3A be added to Article V of the North Richland Hills Home Rule Charter ❑ For to provide that a Council member shall be limited to three (3) terms as a Council member, but may serve three (3) additional terms as Mayor; to provide that the ❑ Against Mayor shall be limited to three (3) terms as Mayor, but may serve three additional terms as Council member? PROPOSITION C Shall Article V, Section 3 of the North Richland Hills Home Rule Charter be ❑ For amended to provide that a Mayor or Council member shall automatically resign their office upon becoming a candidate for any office of profit or trust other than the ❑ Against office then held; and to provide for filling the vacancy in the manner consistent with filling of vacancies? Ordinance No.3914 Page 6 of 7 PROPOSITION D ❑ For Shall Article VI, Section 7(1) of the North Richland Hills Home Rule Charter be amended to strike the requirement that the term of the municipal court judge ❑ Against coincide with the term of the Mayor? PROPOSITION E Shall Article XIV, Section 1 of the North Richland Hills Home Rule Charter be ❑ For amended to provide that Planning and Zoning Commission members shall serve terms that are the same length as the term of the Mayor and Council members; ❑ Against and to provide that the appointment and duration of members'terms shall coincide with the terms of Council members? CHARTER AMENDMENTS RELATED TO COMPETITIVE BIDDING REQUIREMENT: Place an 'X' in the square beside the statement indicating the way you wish to vote. PROPOSITION F El For Article IX, Section 4 of the North Richland Hills Home Rule Charter be For amended to delete references to $50,000 as the minimum purchase amount for ❑ Against competitive bidding; and to provide that all purchases must be competitively bid if competitive bidding is required by State law? Ordinance No.3914 Page 7 of 7