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HomeMy WebLinkAboutRES 880389 - Amend Council QualificationsA RESOLUTION RELATING TO THE CITY CHARTER SECTION "QUALIFICATION" DETERMINE ELIGIBILITY O CANDIDATES, SPECIFICALLY, OF INDEBTEDNESS FOR TAXES, UTILITIES; PROVIDING A PROCEDURE THEREFOR; SETTING AN EFFECTIVE DATE; PROVIDING ]. REPEALING CLAUSE AND ♦ SEVERABILITY Section of of of Georgetownt Texas, provides f• qualifications forcouncil positions that relate to residency, age, voter qualification, indebtedness, holding office, and employment with the City; and WHEREAS, the City Council has identified a need to clarify • clarification,establish a procedure for the provision of the charter relating to indebtedness of a council candidate; and WHEREAS, the council, in recognition of such need for reviewed a procedure a• i #! 1. desires • adopt " same order to provide clarity and direction in interpreting this provision; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS; The Council adopts the recitals set forth above as true and correct and the same are adopted herein verbatim as if fully set forth at length. SECTION II. The procedure which is attached hereto and incorporated herein is hereby approved by the Council as procedures to be followed by all council candidates in order to fully effectuate the provision of the City Charter Sec. 2.02, relating to indebtedness of a council candidates. M�00""*tel upon passage, this resolution with aca • s procedures take effect for 1989 City elections. SECTION IV. Any existing resolution, policy, procedure or provision(s) which is in conflict with this resolution is hereby repealed to the extent of any such conflict. That if any section, provision, subsection, paragraph, sentence, clause, phrase or word in this resolution, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution, and the City Council of the City of Georgetown, Texas hereby declares it would have enacted such remaining portions, despite such invalidity. RESOLVED THIS day of I:M �KENNEDY, MIOR LETA WILLOUGHBY CITY SECRETARY DTeKff C I ER CITY ATTORNEY PROCEDURES FOR COUNCIL ELIGIBILITT CHARTERTHE CITY OF INDEBTEDNESS OF ' COUNCIL CANDIDATEAT FILING • r s A. CANDIDATEJCOUNCIL CANDIDATE The term "Candidate/Council Candidate" shall mean any person who has filed to serve as a candidate for the governing body of the City of Georgetown, Texas, including the mayoral candidate. B. INDEBTEDNESS The term "indebtedness" shall mean any money or sum of money due i'. owing to the City of ^ • •. fsuccessors assigns which is unpaid, whether in whole or in part, and which is in arrears for - no dispute i the amount owed or the obligation to pay the same. C. LAST LEGAL DATE OF FILING The term "last legal date of filing" is that date as prescribed by the Texas Election Code sec. 143.007. D. ANYTHING ELSE The term "anything else" as used in this procedure and addressed in sec. 2.02 of the City Charter shall mean any monies due the City of Georgetown which are reflected on the statement of accounts in the Accounting Department of the City. E. TAXES The term "taxes shall mean all taxes, including penalties, interest and costs, owed to the City of Georgetown. F. UTILITIES The term "utilities" shall Georgetown for electric, including any penalties for mean all sums owed to the City of water, and sanitation services, late payments. candidatesA. All • body of the City of Georgetown shall file as of the last date of filing with the City Secretary a signed • •name, address, phone number and the name and address of any business in Georgetown for - candidate is the sole proprietor/owner. This affidavit a also include s: statementthat thl to the amount of the debt or of Georgetown which are due of filing for the election. the obligation to pay to the City knd owing from the last legal dat,4 This affidavit shall be filed on the last legal date of filing for election to the Council. B. Upon receipt of this affidavit and based upon the informatio contained therein, the City Secretary shall request from th custodian of records of the utility office a statemehil verifying the existence of no debt owing on a utility accoun held by the candidate; from the custodian of records of th tax collector a statement of any taxes duo and owing on an property held by the candidate; and from the accountin. department of the City, a statement of whether anyth ng els is due the City from the candidate. -1 Within five business days of the receipt of the request from the City Secretary, each custodian of record shall prepare a statement either verifying the existence of no debt or disclosing the amount and nature of the debt owed, if any. These statements shall be delivered to the City Secretary within five business days of the receipt of the request and, thereafter, be immediately filed with the record of filings of the council candidate. C. In the event that a council candidate cannot file the affidavit required under Section II., A., the council candidate shall file an affidavit setting forth, in detail, the reasons why he/she cannot file the affidavit and any explanation therefor. D. This procedure shall apply only to a council candidate's individual debts incurred at a residence(s), and business(s) for which the candidate/council candidate is the sole proprietor, and not to any debts of any partnership, corporation (unless the candidate is the sole stockholder of the corporation), joint Venture or other entity for which the council candidate is affiliated or associated.