Loading...
HomeMy WebLinkAbout1976-012No 76 -la. AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 3, 1976, TO DECIDE THE ADOPTION OR REJECTION OF CERTAIN PROPOSED AMEND- MENTS TO THE CITY CHARTER THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the City Council officially finds and determines that an election was duly ordered to be held in the City of Denton, Texas, on the 3rd day of April, 1976, for the purpose of deciding certain amendments to the City Charter referred by the Council, and placed on the ballot as indicated below, and set out in full on said ballot, that proper notice of said election was duly given, that proper elec- tion officers were duly appointed prior to said election, that said election was duly held, that due returns of the result of said elec- tion have been made and delivered, and that the City Council has duly canvassed said returns, all in accordance with law SECTION II That the City Council officially finds and determines that only resident qualified electors of said City were allowed to vote at said election, and the following votes were cast at said election for the following Propositions there being no other Proposition receiving any votes on this ballot AMENDMENT NO ONE SECTION 2 01 - THE COUNCIL, NUMBER, SELECTION, & TERM The Council shall have five members elected by the qualified voters of the entire city, but each Councilperson shall be elected to and occupy a place on the council, such places being Numbered One, Two, Three, Four and Five The places of the Councilperson shall be designated on the official ballot as Councilperson Places One, Two, Three, Four, and Five The members of the Council shall be elected in the manner prescribed in Article 3, for a term of two years and until their respective successors have been elected and qualified (b) Three Councilpersons shall be elected on the first Saturday in April, 1977 At this election the candidate who receives the majority of the votes cast for each place shall be declared elected to that place The places to be filled shall be Places One, Two and Three The two carry-over members shall fill Places Four and Five and shall serve the balance of their term until their successors are elected and qualified Thereafter, three Councilpersons shall be elected in each odd -numbered year for Places One, Two and Three and two Councilpersons shall be elected in even -numbered year to Places Four and Five SECTION 3 04 - CANVASS ELECTION RETURNS, RESULTS (a) Immediately after counting the votes, the presiding judge shall deliver the official returns of the election to the City Secretary On the next Tuesday following the election, the City Council shall canvass the returns and declare the results The re- turns of every municipal election shall be recorded in the minutes of the Council (b) The candidates receiving the majority of the votes cast for each place shall be declared elected If no candidate receives a majority, or if there is a tie for any one place, the Council shall order a second election to be held on the fourteenth day after the first election to fill that place Only the names of the candidates who tie for the highest number of votes cast for that place, or the two candidates who receive the highest number of votes with neither having a majority of votes cast for that place, shall be printed on the ballot for each election In the event of a tie vote at the second election, the candidates who tie shall cast lots in the presence of the City Secretary to determine which one shall be declared elected, and said lots shall be cast within five days of the second election FOR THE ADOPTION OF AMENDMENT NO ONE 4,588 VOTES AGAINST THE ADOPTION OF AMENDMENT NO ONE 1,477 VOTES AMENDMENT NO TWO SECTION 2 04 - VACANCIES IN COUNCIL Where a vacancy in any place on the Council shall occur, the vacant place shall be filled by a special election, and, where neces- sary, by a run-off election, in the same manner as provided in this Charter for the regular election of the Councilperson Such special election shall be held on a Saturday within sixty days following the creation of the vacancy, and the run-off election, where necessary, shall be held on the fourteenth day after the preceding election, pro- vided, however, that where a vacancy shall occur within one hundred and twenty days of a regular election, no special election to fill the vacancy shall be called, unless more than one vacancy occurs FOR THE ADOPTION OF AMENDMENT NO TWO 4,875 VOTES AGAINST THE ADOPTION OF AMENDMENT NO TWO 1,089 VOTES AMENDMENT NO THREE SECTION 2 06 - QUORUM VOTING (a) Any three members of the Council shall constitute a quorum for the transaction of business, and the affirmative vote of three members of the Council shall be necessary to repeal any ordinance or to take any official action in the name of the city, except that a four -fifths vote of the total membership shall be required to over- ride a decision of the Planning and Zoning Commission and except as otherwise provided in this Charter or by the general laws of the State of Texas -2- FOR THE ADOPTION OF AMENDMENT NO THREE 3,603 VOTES AGAINST THE ADOPTION OF AMENDMENT NO THREE 2,269 VOTES AMENDMENT NO FOUR SECTION 2 08 - POWERS OF THE COUNCIL (c) To approve members of all Boards, Commissions, and Com- mittees serving the City FOR THE ADOPTION OF AMENDMENT NO FOUR 4,146 VOTES AGAINST THE ADOPTION OF AMENDMENT NO FOUR 1,535 VOTES AMENDMENT NO FIVE SECTION 7 10 - PURCHASE PROCEDURE (b) The City Manager shall have authority to authorize expen- ditures without approval of the City Council for all budgeted items not exceeding three thousand dollars ($3,000 00) All contracts or purchases involving the expenditure of more than three thousand dollars ($31000 00) shall be expressly approved in advance by the City Council and shall be let to the lowest and best bid by a respon- sible bidder after there has been an opportunity for competitive bidding, provided that City Council shall have the right to reject any and all bids FOR THE ADOPTION OF AMENDMENT NO FIVE 2,972 VOTES AGAINST THE ADOPTION OF AMENDMENT NO FIVE 2,815 VOTES AMENDMENT NO SIX SECTION 8 03 - PREPARATION AND SUBMISSION OF BUDGET At least sixty days before the end of each fiscal year, the City Manager shall submit to the Council a proposed budget for the ensuing fiscal year The budget shall provide a complete financial plan for the fiscal year, and the budget shall be prepared on the basis of policy priorities defined by the Council for the City Manager at least one hundred twenty days before the end of the fiscal year FOR THE ADOPTION OF AMENDMENT NO SIX 3,998 VOTES AGAINST THE ADOPTION OF AMENDMENT NO SIX 766 VOTES AMENDMENT NO SEVEN SECTION 10 04 - PLANNING AND ZONING COMMISSION (a) There shall be a Planning and Zoning Commission which shall consist of seven real property taxpayers, who during their respective terms of office and for at least one year prior to beginning thereof, shall be residents of the City of Denton They shall be appointed by the Council for a term of two years, provided four members shall be appointed each odd -numbered year and three members each even -numbered year The City Manager, Mayor, and Director of Community Development shall serve as ex-officio members of the Commission, but shall have no vote -3- (b) None of the appointed members shall hold any other public office or position in the City while serving on the Planning and Zoning Commission The Planning and Zoning Commission shall elect its Chairman from among its members Seven members shall serve without pay and shall adopt such rules and regulations as they deem best governing their actions, proceedings, deliberations, and times and places of meetings FOR THE ADOPTION OF AMENDMENT NO SEVEN 4,079 VOTES AGAINST THE ADOPTION OF AMENDMENT NO SEVEN 1,018 VOTES AMENDMENT NO EIGHT SECTION 12 07 - THE PUBLIC UTILITIES BOARD (a) There is hereby created a Public Utilities Board to be com- posed of five members, appointed by the Council for four year terms and until their respective successors have been appointed and quali- fied, provided that the members of the first board appointed under this provision shall at their organizational meeting draw for terms as follows one shall draw a one year term, one a two year term, one a three year term, and two shall draw four year terms, and at the expiration of each of the terms so provided for, a member suc- cessor shall be appointed for a term of four years Members of the board may be removed by the Council only for cause and only after charges have been filed and published and the member has been given a reasonable opportunity to defend himself in an open public hearing before the Council Vacancies shall be filled for any unexpired term in the same manner as provided for regular appointments FOR THE ADOPTION OF AMENDMENT NO EIGHT 4,873 VOTES AGAINST THE ADOPTION OF AMENDMENT NO EIGHT 1,259 VOTES AMENDMENT NO NINE SECTION 3 01 - MUNICIPAL ELECTIONS (a) The regular election for the choice of members of the City Council as provided in Article 2 shall be held each year on the first Saturday in April The Council may by resolution order special elec- tions which shall be held as nearly as practicable according to the provisions for a regular election The hours and places for holding all city elections shall be determined by the City Council FOR THE ADOPTION OF AMENDMENT NO NINE 4,150 VOTES AGAINST THE ADOPTION OF AMENDMENT NO NINE 902 VOTES TOTAL NUMBER OF VOTES POLLED 7,255 SECTION III That the City Council officially finds, determines and declares the results of said election to be that the majority of the votes cast were FOR the adoption of Amendments One, Two, Three, Four, Five, Six, Seven, Eight & Nine and that the said Amendments referred by the Council are hereby adopted, and that the majority of the votes cash were AGAINST the adoption of Amendments None -4- and that the said Amendments referred by the Council are now de- feated SECTION IV The City Council officially orders that Amendments One, Two, Three, Four, Five, Six, Seven, Eight and Nine to the City Charter of the City of Denton, Texas are hereby adopted and will become effective IV days after the passage of this ordinance PASSED and APPROVED this the 5th day of April, A D 1976 ATTES -? OOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TOO LEGAL FORM UL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS -5- AwftA /97i AMENDMENT NO ONE AMENDMENT NO TWO AMENDMENT NO SEVEN i SECTION 2 01 THE COUNCIL, NUMBER, SELECTION 1 SECTION 2 04 VACANCIES IN COUNCIL SECTION 10 02 PLANNING AND ZONING COMMISSION 8 TERM The Council shall have five members elected Where a vacancy in any place on the Council (a) There shall be a Planning and Zoning of by the qualified voters of the entire city shall occur the vacant place shall be real property taxpayerscowhos duringseven their but each Councilperson shall be elected to filled by a special election and where respective terms of office and for at and occupy a place on the council such necessary by runoff election in the least one year prior to beginning thereof ema s places being numbered One Two Three Four provided in this charter shall be residents of the City of Denton and Five The places of the Councilpfor the nerson regular election of the Council They shall be appointed by the Council shall be designated on the official ballot Person Such special election shall be for a term of two years provided four as Councilperson Places One Two Three held on a Saturday within sixty days follow members shall be appointed each odd numbered Four and Five The members of the Council ing the creation of the vacancy and the year and three members each even numbered shall be elected in the manner prescribed runoff election where necessary shall be year The City Manager Mayor and in Article 3 for a term of two years and held on the fourteenth day after the Director of Community Development shall until their respective successors have preceding election provided however that serve as ex officio members of the Commission been elected and qualified where a vacancy shall occur within one but shall have no vote hundred and twenty days of a regular (b) Three Councilpersons shall be elected election no special election to fill the (b) None of the appointed members shall hold on the first Saturday in April 1977 At vacancy be called unless more than any other public office or position in the this election the candidate who receives _ Y _ the majority of the votes cast for each -- — City while serving on the Planning and AMENDMENT NO THREE g Commission The Planning and place shall be declared elected to that hair place The places to be filled shall be V man from itssmembershall elect Sevenits O SECTION 2 06UORUM VOTING members Places One Two and Three The two carry shall serve without pay and shall adopt over members shall fill Places Four and (a) Any three members of the Council shall such rules and regulations as they deem Five and shall serve the balance their constitute a quorum for the transaction of best governing their actions proceedings, term until their successors are elected cted and business and the affirmative vote of three deliberations and times and places of qualified Thereafter three Councilpersonsmembers of the Council shall be necessary meetings shall be elected in each odd numbered year to repeal any ordinance or to take any for Places One Two and Three and two official action in the name of the city Councilpersons shall be elected in even except that a four fifths vote of the total numbered year to Places Four and Five _membership shall be required to override a decision of the Planning and Zoning AMENDMENT NO EIGHT Commission and except as otherwise provided ' in this Charter or by the general laws of SECTION 12 07 THE PUBLIC UTILITIES BOARD the State of Texas Jt 1 CANVASS ELECTION RETURNS RESULTS a) Immediately after counting the votes he presiding judge shall deliver the fficial returns of the election to the ity Secretary On the next Tuesday ollowing the election the City Council hall canvass the returns and declare the esults The returns of every municipal lection shall be recorded in the minutes f the Council t b) The candidates receiving the majority f the votes cast for each place shall be eclared elected If no candidate receives majority or if there is a tie for any ne place the Council shall order a second election to be held on the fourteenth AMENDMENT NO SIX day after the first election to fill that place Only the names of the candidates SECTION 8 03 PREPARATION AND SUBMISSION who tie for the highest number of votes cast for that place or the two candidates who OF BUDGET receive the highest number of votes with neither having a majority of votes cast for that place shall be printed on the ballot for each election In the event of a tie vote at the second election the candidates who tie shall cast lots in the presence of the City Secretary to determine which one shall be declared elected and said lots shall be cast within five days of the second _election — AMENDMENT NO FOUR SECTION 2 08 POWERS OF THE COUNCIL (c) To approve members of all Boards Commissions, and Committees serving the City f AMENDMENT NO FIVE SECTION 7 10 PURCHASE PROCEDURE (a) There is hereby created a Public Utilities Board to be composed of five members appointed by the Council for four year terms and until their respective successors have been appointed and qualified provided that the members of the first board appointed under this provision shall at their organizational meeting draw for terms as follows one shall draw a one year term one a two year term one a three year term and two shall draw four year terms and at the expiration of each of the terms so provided for a member (b) The City Manager shall have authority to authorize expenditures without approval of the City Council for all budgeted items not exceeding three thousand dollars ($3 000 00) All contracts or purchases involving the expenditure of more than three thousand dollars ($3 000 00) shall be expressly approved in advance by the City Council and shall be let to the lowest and best bid by a responsible bidder after there has been an opportunity for competitive bidding provided that City Council shall have the right to reject any and all bids At least sixty days before the end of each fiscal year the City Manager shall submit to the Council a proposed budget for the ensuing fiscal year The budget shall provide a complete financial plan for the fiscal year and the budget shall be prepared on the basis of policy priorities defined by the Council for the City Manager at least one hundred twenty days before the end of the fiscal year successor shall be appointed for a term of four years Members of the board may be removed by the Council only for cause and only after charges have been filed and published and the member has been given a reasonable opportunity to defend himself in an open public hearing before the Council Vacancies shall be filled for any unexpired term in the same manner as provided for regular appointments AMENDMENT NO NINE SECTION 3 01 MUNICIPAL ELECTIONS (a) The regular election for the choice of members of the City Council as provided in Article 2 shall be held each year on the first Saturday in April The Council may by resolution order special elections which shall be held as nearly as practicable according to the provisions for a regular election The hours and places for holding all city elections shall be determined by the City Council