From
Cathy DiMaggio
Title
Ordinance amending the Code of Ordinances, Chapter 2 "Administration," Section 2-4 "Candidate Filing Fees" to provide for an alternative to file a petition in lieu of a filing fee
Presenter
Cathy DiMaggio, City Secretary
Recommended Action
Approve
Analysis
The current Code of Ordinances requires a $50 filing fee for City Council candidates and a $150 fee for Mayoral candidates. Section 143.005(c) requires Home Rule Cities to provide an alternative procedure for payment of the filing fee in the form of a petition. The petition would require the greater of 25 signatures or one-half of one percent of the total vote received in the territory from which the office is elected by all candidates for mayor in the most recent mayoral general election.
Financial Consideration
Loss of revenue resulting from the petition in lieu of a filing fee is negligible.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ORDINANCE 1609 AND THE CODE OF ORDINANCES, CHAPTER 2, "ADMINISTRATION," SECTION 2-4 "CANDIDATE FILING FEES," AND PROVIDING FOR A PROCEDURE FOR A PETITION IN LIEU OF FILING FEES; REPEALING ALL ORDINANCES IN CONFILCT HEREWITH; PROVIDING A CUMULATIVE CLAUSE, AND A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON PASSAGE AND APPROVAL
WHEREAS, the Texas Election Code stipulates that an alternative to filing fees must be provided to candidates for office in a Home Rule City in the form of a petition; and
WHEREAS, the Texas Election Code provides the procedure for such petition;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter 2 "Administration," Section 2-4. "Candidate filing fees" be amended in its entirety to read as follows:
(a) Candidates for the office of mayor shall, at the time of filing such application to be placed on the ballot, pay a filing fee of one hundred fifty dollars ($150.00), and all candidates for city councilmember shall, at the time of filing such application, pay a filing fee of fifty dollars ($50.00).
(b) As an alternate procedure to paying the filing fee in (a), the candidate may file a petition using the form provided by the City Secretary. The minimum number of signatures that must appear on the petition is the greater of:
(1) 25; or
(2) one-half of one percent of the total vote received in the territory from which the office is elected by all candidates for mayor in the most recent mayoral general election.
(3) each petition must comply in form, content, and procedure as prescribed by the Texas Election Code.
SECTION 2. Severability.
If any article, section, sub-section, sentence or phrase of this Ordinance should be held to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.
SECTION 3. Cumulative Clause.
All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed. Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.
SECTION 4. Effective Date.
This ordinance shall become effective from and after its passage as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, AUGUST 1, 2017.