HomeMy WebLinkAboutAugust 28, 2006 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
August 28, 2006
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Special Called Meeting on Monday, August 28, 2006 at 1 :30 p.m. in the Council
Chambers at City Hill, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance ordering an election to be held on November 7,
2006 for the purpose of submitting to the registered voters of Denton, Texas
amendments to the Denton City Charter regarding annexation provisions, no
expansion of City liability, Council elections, Council terms of office, Council
meetings, Council minutes, City Auditor, powers of Council, introduction of
ordinances, City Manager and subordinates, City Attorney, budget, bond
elections, sale of bonds, Planning and Zoning Commission, legal effect of master
plan, platting and subdivision control, regulation of construction, slum clearance
and rehabilitation of blighted areas, Public Utilities Board, regulation of
franchised utilities, and nepotism; prescribing the time and manner of the conduct
of the election to be in accordance with an agreement with Denton County;
prescribing the form and content of the ballot; providing for notice; providing for
publication of the notice of this election; providing a severability clause;
providing an open meetings clause; and providing an effective date.
B. Consider adoption of an ordinance authorizing a contract for election services
with Denton County, Texas, performed by and through its election administrator
to conduct a November 7, 2006 election concerning amendments to the City of
Denton Charter; validating and ratifying certain services performed; authorizing
the expenditure of funds therefor; and providing an effective date.
C. Consider adoption of an ordinance of the City of Denton abandoning, vacating
and rescinding the 0.008 acre and 0.030 acre street right-of-way dedication
offered to the City of Denton by the Final Plat of the Nelson Addition, filed in
Cabinet N, Page 399, of the Plat Records of Denton County, Texas; and providing
an effective date.
NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its
Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended,
including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act.
However, the Council reserves the right to take action at the meeting regarding any item on the
agenda.
City of Denton City Council Agenda
August 28, 2006
Page 2
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of , 2006 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELA Y- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: August 28,2006
DEPARTMENT: Legal
CM/DCM/ACM: Edwin M. Snyder, City Attorney
SUBJECT: Consider an ordinance ordering an election to be held on November 7, 2006 for the
purpose of submitting to the registered voters of Denton, Texas amendments to the Denton city
charter regarding annexation provisions, no expansion of city liability, council elections, council
terms of office, council meetings, council minutes, city auditor, powers of council, introduction
of ordinances, city manager and subordinates, city attorney, budget, bond elections, sale of
bonds, planning and zoning commission, legal effect of master plan, platting and subdivision
control, regulation of construction, slum clearance and rehabilitation of blighted areas, public
utilities board, regulation of franchised utilities, and nepotism; prescribing the time and manner
of the conduct of the election to be in accordance with an agreement with Denton County;
prescribing the form and content of the ballot; providing for notice; providing for publication of
the notice of this election; providing a severability clause; providing an open meetings clause:
and providing an effective date.
BACKGROUND: At your August 15, 2006 work session you were presented with a list of 23
proposed charter amendment propositions. The only proposition that did not receive favorable
recommendation from the charter review committee was proposition 20 (exercising of
governmental functions ). You directed that it should not be included in the ordinance calling for
the charter election. All other propositions except for proposition 3 (council elections and terms
of office) and Proposition 22 (regulation of franchised utilities) received unanimous
recommendation from the committee. You directed me to meet with the committee prior to your
August 28 meeting to further discuss Propositions 3 and 22.
The committee met on Monday, August 21 in the legal department conference room.
Chairperson Jerry Mohelnitzky and members Travis Biggs, Randy Robinson, Dorothy Damico,
Phillip Fisher, and Tony Clark were present. Member Judd Holt was not present as he was out of
town. Four members, Biggs, Robinson, Damico, and Mohelnitzky voted to recommend no
changes to the charter with regard to council terms of office. These members wanted to make it
clear that their opposition is not based on the difficulties in making the transition from two to
three-year terms. They found no compelling reason to change. Members Fisher and Clark voted
in opposition to the other members. They both stated that if the council elects to change to three-
year terms it should be done at the next council election and not postponed to future dates.
The committee voted in favor of the wording for Proposition 221 that was approved by council
on August 15. The vote was four (Mohelinitzky, Clark, Fisher, and Damico) in favor and two
(Robinson and Biggs) against.
1 This is now numbered as Proposition 21 in the Option 1 version.
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Agenda Information Sheet
August 23, 2006
Page 2
The agenda contains three versions of the ordinance. Option 1 contains only those amendments
and propositions that received favorable recommendations from the committee. Option 2 also
contains amendments and a proposition changing the council terms from two to three-year terms.
This option is worded the same as was presented to the council on August 15, with the three-year
terms taking effect for places one, two, three, and four in 2007, and places five, six and seven in
2008. Option 3 provides for three-year terms, but with the three-year terms taking effect for
places five, six and seven in 2012, and places one, two, three, and four in 2013. Under Option 3
all current incumbents will have served their term limits and will not be eligible to run for office
for their same place when the terms change to three years. 2
OPTIONS:
1. Approve Option 1.
2. Approve Option 2.
3. Approve Option 3.
4. Approve another version of the ordinance.
5. Decline to approve any ordinance
Respectfully submitted:
..........-: ";7{7?-' --~~
~~.r"'"
.._~"'/'
Edwin M. Snyder
City Attorney
2 The proposition concerning terms of office is now numbered as Proposition 4 in the Option 2 and 3 versions.
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OPTION 1
ORDINANCE NO.
AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR
THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS
AMENDMENTS TO THE DENTON CITY CHARTER REGARDING ANNEXATION PRO-
VISIONS, NO EXPANSION OF CITY LIABILITY, COUNCIL ELECTIONS, COUNCIL
MEETINGS, COUNCIL MINUTES, CITY AUDITOR, POWERS OF COUNCIL, INTRO-
DUCTION OF ORDINANCES, CITY MANAGER AND SUBORDINATES, CITY A TTOR-
NEY, BUDGET, BOND ELECTIONS, SALE OF BONDS, PLANNING AND ZONING
COMMISSION, LEGAL AFFECT OF MASTER PLAN, PLATTING AND SUBDIVISION
CONTROL, REGULATION OF CONSTRUCTION, SLUM CLEARANCE AND REHABILI-
TATION OF BLIGHTED AREAS, PUBLIC UTILITIES BOARD, REGULATION OF FRAN-
CHISED UTILITIES, AND NEPOTISM; PRESCRIBING THE TIME AND MANNER OF
THE CONDUCT OF THE ELECTION TO BE IN ACCORDANCE WITH AN AGREEMENT
WITH DENTON COUNTY; PRESCRIBING THE FORM OF BALLOT; PROVIDING FOR
NOTICE; PROVIDING FOR PUBLICATION OF NOTICE OF THIS ELECTION; PROVID-
ING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Denton City Charter was last amended in 1999; and
WHEREAS, the City Council finds that the proposed Charter amendments are in the pub-
lic interest and do not contain more than one subject; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. In accordance with the provisions of Tex. Loc. Gov't Code 99.004, there
shall be submitted to the voters of the City of Denton, Texas, at an election to be held on No-
vember 7, 2006, the following amendments to the Home-Rule Charter of the City of Denton,
Texas, which are shown by showing those portions which will be retained in normal type, the
deleted text in the existing Charter being shown as strikeouts, and new or additional text shown
as underlined:
AMENDMENT NO.1
Section 1.03 of the Charter shall be amended to read as follows:
Sec. 1.03. Extension of city limits.
The city council, by a majority vote of not less than four fifths (1/5) five sevenths (5/7) of its
membership, shall have the power by ordinance to provide for the alteration and extension of
said boundary limits, and the annexation of territory lying adjacent to outside the city, with or
without the consent of the inhabitants of the territory annexed., subiect to applicable state law.
Upon the introduction of any such ordinance to the city council, such ordinance shall be pub
lished one time in the official ne'~vspaper of the City of Denton. 1^1mendments may later be incor
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porated into the proposed ordinance by a vote of not less than four fifths (1/5) of the membership
of the city council and publication one time in the official ne'.vspaper of the City of Denton. The
proposed ordinance, or any amendment thereof shall not thereafter be finally acted upon until at
least thirty (30) days after the publication thereof; and upon the final passage of any such ordi
nance, or any amendment thereto, the boundary limits of the city shall thereafter be as fixed
thereby. When any additional territory has been so annexed, same shall be a part of the City of
Denton, and the property situated therein shall be subject to and shall bear its pro rata part of the
taxes levied by the city, and the inhabitants thereof shall be entitled to and shall possess all the
rights and privileges of the citizens of the City of Denton, and shall be under obligations as such
citizens.
AMENDMENT NO.2
Subsection 1.06 (f) of the Charter shall be amended to read as follows:
(f) No provision of this section shall ever be so construed to expand the ordinary liability of
the city.
AMENDMENT NO.3
Subsection 2.05 (a) of the Charter shall be amended to read as follows:
(a) On the second (2nd) Tuesday in 1^1pril, or aAs soon thereafter as practicable after each
city council election and in accordance with state law, the council shall meet at the city
hall and the newly-elected members shall qualify and assume the duties of office. There-
after, the council shall meet regularly at city hall at such times as may be prescribed by its
rules but not less frequently than once each calendar month. 1^1ll meetings of the council
shall be held at the city hall unless the council shall by ordinance or resolution designate
another place Special called meetings may be held from time to time at city hall or other
locations accessible to the public.
AMENDMENT NO.4
Section 2.07 of the Charter shall be amended to read as follows:
Sec. 2.07. Rules of procedure, minutes.
The council shall determine its own rules of procedure and order of business. Except as
may otherwise be provided by state law., such as certain executive sessions under the Texas Open
Meetings Act being Chapter 551 of the Texas Government Code., M-minutes of all meetings of
the council shall be taken and preserved as a permanent record open to the public for inspection.
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AMENDMENT NO.5
Section 2.08 of the Charter shall be amended to read as follows:
Sec. 2.08. Powers of the council.
Except as otherwise provided by this charter all powers of the city and the determination
of all matters of policy shall be vested in the council. Without limitation of the powers granted or
delegated to the city by the Constitution, statutes, or this Charter, the council shall have power
to:
(a) Appoint and remove the city manager.
(b) Appoint and remove the city attorney., the city auditor., and the municipal court judge.
(c) Approve members of all boards, commissions and committees serving the city.
(d) Adopt the budget of the city.
(e) Fix the salary of the city manager., city auditor., city attorney., and the municipal court
iudge and, in cooperation '~vith the city manager, all other salaries.
(f) Authorize by ordinance the issuance of bonds, assignments of revenue or warrants.
(g) Approve plats.
(h) Adopt and modify the official map of the city.
(i) Adopt and modify the zoning plan, including any and all zoning and land use regulations
to the fullest extent allowed by law '~vhich may regulate and fix the height and number of
stories of buildings and other structures, the size of yards and courts, the density of popu
lation and the location and use of buildings for trade, industry, business, residence or
other purposes.
G) Provide for the establishment and designation of fire limits and prescribe the kind and
character of buildings, structures, or improvements which may be erected therein, and
provide for the condemnation of dangerous or dilapidated buildings or structures which
increase the fire hazard and the manner of their removal or destruction.
(k) Adopt and modify the building code.
(I) After receiving a recommendation from the planning commission A-adopt, modify and
carry out plans proposed by the planning commission for the clearance of slum districts
and rehabilitation of blighted areas, and for the replanning, improvement and redevelop-
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ment of any area or district which may have been destroyed in whole or in part by disas-
ter.
(m) Regulate, license and fix the charges or fares made by any person, firm or corporation
owning, operating or controlling any vehicle of any character used for the carrying of
passengers for hire or the transportation of freight for hire on the public streets or alleys
of the city.
(n) Provide by ordinance for the exercise of the police powers of the city.
(0) Establish and maintain a free public library and to cooperate for such purposes with any
person, firm, association or political subdivision in the manner prescribed by ordinance.
(p) Provide by ordinance for the exercise by this city of any and all powers of local self-
government not made self-enacting by this charter or by statute.
(q) Inquire into the conduct of any office, department or agency of the city and make investi-
gations of municipal affairs.
(r) Provide for an independent audit.
(s) Perform the districting and redistricting function.
AMENDMENT NO.6
Subsection 2.09 (b) of the Charter shall be amended to read as follows:
(b) Every ordinance shall be introduced in written~ ef printed., or electronic form and passed
in compliance with section 2.06 of this Article, authenticated by the signatures of the
mayor (or mayor pro tem) and the city secretary and systematically recorded in an ordi-
nance book in a manner approved by the council. It shall be necessary to record only the
caption or title of each ordinance in the minutes of the council.
AMENDMENT NO.7
Subsection 3.01 (a) of the Charter shall be amended to read as follows:
Sec. 3.01. Municipal elections.
(a) The regular election for the choice of members of the City Council as provided in Article
II shall be held each year on the fust Saturday uniform election day for municipal elec-
tions in May or on any other uniform election day for municipal elections established by
the Election Code. The Council may by resolution or ordinance order special elections
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which shall be held as nearly as practicable according to the provisions for a regular elec-
tion. The hours and places for holding all City elections shall be determined by the City
Council. All elections shall be conducted in accordance with the Election Code and all
other applicable laws as they now read or may hereafter be amended.
AMENDMENT NO.8
Section 5.03 of the Charter shall be amended to read as follows:
Sec. 5.03. The city manager: powers and duties.
The city manager shall be the chief executive officer and the head of the administrative branch of
the city government. He shall be responsible to the council for the proper administration of all
affairs of the city placed under his control by this Charter or by ordinance or resolution of the
council, and to that end he shall:
(a) Appoint and, \vhen necessary for the good of the ser'/ice, remove any officer or employee
of the city, except as otherwise provided by this Charter and except as he., or she may au-
thorize the head of a department to appoint and remove subordinates in such department.
In case of the remo'/al of an officer or the head of a department after six months' ser'/ice,
if the person removed so demands, a 'tvritten statement giving the reason for his removal
shall be made by the city manager, and the person removed shall, if he so demands, be
gi'/en a public hearing by the council before the order of his removal is made final. The
statement of the city manager and any 'tvritten reply thereto shall be filed as a public re
cord in the office of the city secretary.
(b) Prepare the annual budget and submit it to the council and be responsible for its admini-
stration after adoption.
(c) Prepare and submit to the council at the end of the fiscal year a complete report on the
finances and administrative activities of the city for the preceding year.
(d) Attend all meetings of the council, with the right to take part in the discussion, but having
no vote.
(e) Keep the council advised of the financial condition and future needs of the city and make
such recommendations as may seem to him desirable.
(f) Appoint, subject to the approval of the council, the city secretary.
(g) Perform such other duties as may be prescribed by this Charter or required of him by the
council not inconsistent with this Charter.
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AMENDMENT NO.9
Portions of Article VI, Sections 6.01 and 6.02 of the Charter shall be amended and Sec-
tion 6.04 shall be added to read as follows:
ARTICLE VI. CITY A TTORNEY~ AND MUNICIPAL COURT It AND CITY AUDITOR
Sec. 6.01. City attorney: appointment.
The city attorney, who shall be head of the legal department, shall be a qualified attorney-
at-law licensed to practice in the State of Texas. He., or she shall be appointed by the council., and
serve at the pleasure of the city council. He., or she shall receive such compensation as may be
fixed by the council.
Sec. 6.02. City attorney: powers and duties.
( a) The city attorney shall represent the city in all litigation and controversies and shall
prosecute all cases brought before the municipal court. He., or she shall draft, approve or
file his., or her written opinion on the legality of every proposed ordinance before it is
acted upon by the council, and shall pass upon all documents, contracts and other legal
instruments in which the city may have an interest.
(b) He., or she shall be the legal advisor of the city manager, city council, and of all boards,
commissions, agencies, officers and employees with respect to any legal question involv-
ing their official powers or duties. He., or she shall perform such other duties as may be
required by statute, by this Charter or by ordinance.
(c) The council may authorize the appointment of such assistant city attorneys as may be
needed to perform the duties of this department. The city attorney may designate an assis-
tant city attorney to act as city attorney in case of his or her temporary absence of not
more than three weeks. The council may ef authorize the appointment of a temporary city
attorney to act for the city attorney in the case of his a longer temporary absence or dis-
ability.
Sec. 6.04. City Auditor
The city auditor shall be appointed by the council and shall serve at the pleasure of the
council., and shall perform such auditing duties as may be assigned from time to time by the
council., or by the city manager at the direction of the council.
AMENDMENT NO. 10
Section 8.03 of the Charter shall be amended to read as follows:
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Sec. 8.03. Preparation and submission of budget.
1^1t least sixty (60) days before the end of each fiscal year Within the time period required
by law, 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 (120) days before the end of the fiscal year.
AMENDMENT NO. 11
Section 8.08 of the Charter shall be amended to read as follows:
Sec. 8.08. Amending the budget.
In case of grave public necessity, emergency expenditures to meet unusual and unfore
seen conditions, v/hich could not by diligent thought and attention ha'/e been included in the
original budget, may be authorized by the affirmati'/e '/ote of at least fi'/e (5) of the members of
the council as an amendment to the original budget. In every case 'tvhere such amendment is
made, a copy of the ordinance adopting the amendment shall be filed '~vith the city secretary,
published in the next issue of the official ne'~vspaper of the city, and attached to the budget origi
nally adopted. The budget may be amended for municipal purposes by the affirmative vote of at
least five (5) members of the council., in accordance with applicable law.
AMENDMENT NO. 12
Subsection 9.02 (a) of the Charter shall be amended to read as follows:
(a) After approval by a majority of the qualified property taxpaying voters voting at an gen-
eral obligation bond election called for the purpose of authorizing the issuance of general
obligation bonded debt, the City shall authorize the issuance of such bonds by a bond or-
dinance passed by an affirmative vote of a majority of all members of the Council. The
City Council may approve the issuance of revenue bonds without an election by authoriz-
ing the issuance of such bonds by bond ordinance passed by an affirmative vote of the
majority of all members of the Council.
AMENDMENT NO. 13
Section 9.04 of the Charter shall be amended to read as follows:
Sec. 9.04. Sale of bonds.
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1^111 bonds issued under this charter shall be sold at public sale upon sealed bids in the fol
lo'~ving manner: 1^1fter all of the bond requirements of the charter have been fully met the council
shall immediately cause to be published a proper notice in a national publication carrying mu
nicipal bond notices and de'/oted primarily to financial ne\vs '~vhich regularly includes municipal
bond sale notices, stating the pertinent facts relating to the proposed sale, the time, the date and
the place ('Nhich shall be in the City of Denton) that all sealed bids 'tvill be publicly opened and
tabulated before the council. The date ad'/ertised for the opening of sealed bids shall be thirty
(30) days from the date of publication; concurrently there'~vith a similar notice shall be published
at least once in the designated official ne'Nspaper of the City of Denton. '.l/hen the sealed bids are
opened the bond attorneys retained by the city in compliance 'tvith section 9. 02(b) of this 1^1rticle
shall tabulate the bids and give the council a 'Nritten recommendation as to the IO'tv and best bid.
No bonds issued under this charter shall be sold for less than par value and accrued interest, and
the council shall have the right to refuse any and all bids and read'/ertise the sale at a later date or
dates. 1^1n official bid form shall be made a'/ailable by the council to all prospecti'/e bidders on
request, and no sealed bid '~vill be accepted unless it is made on the official bid form. The official
bid form shall carry the total amount of bonds published to be sold; the purpose of the bond sale;
the type of bonds; years of maturity; principal amounts as determined by the council; coupon rate
by years; and a pro'/ision requiring the bidder to attach a bid bond executed by an appro'/ed
surety company or a certified or cashier's check, payable unconditionally to the City of Denton in
the amount as determined by the council, as a guarantee of performance if the bid is accepted by
the council; and other pertinent information ordinarily appearing on official bid forms. Should
the council so desire, a prospectus shall be prepared by the City of Denton or by someone em
ployed by the City of Denton, giving more complete detail on the proposed bond sale. All bonds
shall be sold in accordance with applicable law.
AMENDMENT NO. 14
Shall Section 10.02 of the Charter be amended to read as follows:
Sec. 10.02. Planning and zoning commission.
(a) There shall be a planning and zoning commission which shall consist of seven (7) real
property taxpayers members, 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 (2) years, provided four (4) members shall
be appointed each odd-numbered year and three (3) members each even-numbered year.
The city manager, mayor and director of community development shall serve as ex offi
cio members of the commission, but shall have no vote.
(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 commis-
sion shall elect its chairman from among its members. Seven (7) members shall serve
without pay and shall adopt such rules and regulations as they deem best governing their
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actions, proceedings, deliberations, and the times and places of meetings., subiect to
council review.
(c) If a vacancy occurs in the city planning and zoning commission the council shall appoint
a commissioner to fill such vacancy for the unexpired term.
AMENDMENT NO. 15
Section 10.03 of the Charter shall be amended to read as follows:
Sec. 10.03. Planning and zoning commission: Powers and duties.
(a) In addition to the powers and duties set forth in this charter., + the planning and zoning
commission shall have the powers and duties of a planning and zoning commission under
state law., including without limitation those under Chapters 211 and 212 of the Texas
Local Government Code., as may be amended from time to time., and shall perform such
other powers and duties as may be assigned by the council. The planning and zoning
commISSIon may:
(1) Make, amend, extend and add to the master plan for the physical development of
the city.
(2) Formulate and adopt Recommend to the council regulations governing the plat-
ting or subdividing of land within the city. (The applicable provisions of Chapter
1, Title 28 of the Revised Civil Statutes of the State of Texas, 1925, Chapter 212
of the Texas Local Government Code as now or hereafter amended, are hereby
adopted and made a part of this charter, and shall be controlling on the planning
and zoning commission.)
(3) Draft for the council an official map of the city and recommend approval or dis
approval Make recommendations to the council regarding ef proposed changes iH
to said the official map of the city and keep such map up-to-date so as to reflect
any changes in the boundary or the zoning plan of the city.
(4) Make and recommend plans for the clearance and rebuilding of any slum districts
or blighted areas within the city.
(5) Make recommendations to the council approval or disapproval of regarding pro-
posed changes in the zoning plan and ordinance of this city and have all the
power, duty and authority of a zoning commission as provided in "/ernon's Texas
Ci'/il Statutes, 1918, 1^1rticle 1011f, as nov/ or hereafter amended, ["/.T.Co1^1., Lo
cal Government Code ~ 211.007] Chapter 211 of the Texas Local Government
Code., as now or as hereinafter amended., all of which are hereby adopted as a part
of this charter.
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(6) Submit annually to the City Manager, not less than sixty (60) days prior to the be-
ginning of the budget year, a list of recommended general obligation capital im-
provements which in the opinion of the Commission ought to be constructed dur-
ing the forthcoming five (5) year period. (Such list shall be arranged in order of
preference, with recommendations as to which projects should be constructed in
which year, and the City Manager shall forthwith furnish a copy of such recom-
mendations to each member of the Council.)
(7) Promote public interest in and understanding of the master plan and of planning,
zoning, clearance of blighted areas and development of the city.
(8) Meet not less than once each month and keep a public record of its resolutions,
findings and determinations.
(9) Hold such public hearings as it may deem desirable in the public interest and ad-
vise the council upon such matters as the council may request its advice.
(b) For the accomplishment of the foregoing purposes the planning and zoning commission
is hereby empowered to:
(1) Require information which shall be furnished within a reasonable time from the
other departments of the city government in relation to its work.
(2) '.l/ithin its budget appropriation, recommend the employment of city planners and
other consultants for such services as it may require.
(~ ~) Request additional assistance for special survey work of the city manager, who
may at his discretion assign to the planning and zoning commission, employees of
any administrative department or direct such department to make special studies
requested by the commission.
~(J) In the performance of its functions, enter upon any land and make examinations
and surveys and place and maintain necessary monuments and marks thereon.
~ill Make and recommend plans for the replanning, improvement and redevelopment
of neighborhoods or of any area or district which may be destroyed in whole or in
part or seriously damaged by fire, earthquake, flood or disaster.
AMENDMENT NO. 16
Section 10.05 of the Charter shall be amended to read as follows:
Sec. 10.05. Legal effect of master plan.
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Except in circumstances where plat approval is not required or the public improvement is
so small as not to appear on the master plan.,N--rro street, park, or other public way, ground or
space, no public building or structure and no public utility whether publicly or privately owned,
shall be constructed or authorized in the City until and unless the location and extent thereof
shall have been submitted to and approved by the Planning and Zoning Commission; provided
that, in case of disapproval, the Commission shall within thirty (30) days communicate its rea-
sons to the Council, which shall have the power to overrule such disapproval, and, upon such
overruling, the Councilor the appropriate office, department, or agency shall have the power to
proceed.
AMENDMENT NO. 17
Section 10.8 of the Charter shall be amended to read as follows:
Sec. 10.08. Platting or subdivision control.
The planning and zoning commission shall recommend to the council the adoption of
regulations governing the platting or subdividing within the city or within the area under the ex-
traterritorial jurisdiction of the city, and the owner of every such subdivision shall comply with
all of the provisions of Article 974a and 6626, Vernon's Texas Civil Statutes, 1948, [V.T.C.A.,
Local Government Code 9 212.002 et seq. and V.T.C.A., Property Code 9 12.001 et seq.] as now
or hereafter amended. Such regulation may provide for the harmonious development of the city
within the subdivided land with other existing or planned streets and ways or for conformance
with the master plan or official map, for adequate open spaces, spaces for traffic, utilities, recrea-
tion, light and air and for the avoidance of congestion of population. Such regulations may in-
clude requirements as to the extent to which and the manner in which streets and other ways
shall be graded and improved and water, sewer and other utility mains, piping, connections or
other facilities shall be installed as a condition precedent to the approval of a subdivision.
AMENDMENT NO. 18
Subsection 10.10 (a) of the Charter shall be amended to read:
(a) The city shall have the power to prohibit the erection, construction or use of any building
or structure of any kind within the city without a permit having first been issued, by the
city, for the construction or erection of such building or structure, and without a use and
occupancy certificate having been issued for the use actually made of such premises and
structure and may authorize a fee to be charged for such permit. In pursuance of this au-
thority the council may authorize the inspection of all buildings and structures during the
progress of their construction or thereafter and may require new construction., renovation.,
or reconstruction to comply with all building regulations existing in the city or '~yhich
shall hereafter be passed [ sic].
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AMENDMENT NO. 19
Section 10.12 of the Charter shall be amended to read as follows:
Sec. 10.12. Slum clearance and rehabilitation of blighted areas.
The council may, after receiving a recommendation from the planning and zoning com-
mission adopt, modify and carry out plans proposed by the planning and zoning commission for
the clearance of slum districts and blighted areas within the city and, for the accomplishment of
this purpose, may acquire by purchase or condemnation all privately owned lands, buildings and
other real property interests within the district; may establish, locate, relocate, build and improve
the streets and other public open spaces provided for in the plan; may maintain, operate, lease or
sell said buildings or any of them; may sell the land or any part thereof designated for buildings
and private open spaces upon such terms and conditions and subject to such restrictions as to
building uses and open spaces as will substantially carry out and effect the plan.
AMENDMENT NO. 20
Subsection 12.07 (d) of the Charter related to the public utilities board shall be amended to
read as follows:
(d) At its organizational meeting, and annually thereafter as soon as the newly appointed
member (or members) has qualified; the board shall select from its own membership a
chairman, vice-chairman, and secretary. 1^1ny three (3) A maiority of the regularly ap-
pointed members shall constitute a quorum. The board shall determine its own rules and
order of business. The board shall meet at least once each month; all meetings shall be
conducted in accordance with the Texas Open Meetings Act, chapter 551 of the Texas
Government Code, as it may now read or hereafter be amended and all other applicable
laws and a permanent record of proceedings shall be maintained., except as otherwise
provided by law.
AMENDMENT NO. 21
Subsections 12.08 (a) and (e) related to the powers and duties of the public utilities board
shall be amended to read:
(a) The board shall serve the department of utilities and city council as a consulting., and ad-
visory and super'/isory board.
(e) The board shall submit annually to the planning and zoning commission (for incorpora-
tion in its report), not less than one hundred t'tventy (120) days prior to the beginning of
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the budget year, a list of recommended capital improvements, which in the opinion of the
board ought to be constructed during the forthcoming five (5) year period. Such list shall
be arranged in order of preference, with recommendations as to which projects should be
constructed in which year.
AMENDMENT NO. 22
Section 13.04 of the Charter shall be amended to read as follows:
Sec. 13.04. Regulation of utilities.
The city council shall have the power and the duty to:
(a) Determine, fix and regulate the charges, fares or rates of all public utilities operating
within the city, provided the council shall not prescribe any rate of compensation which
will yield more than a fair return upon the fair value of the physical property used and
useful in rendering service to the public.
(b) Require such franchise holders who request an increase in rates, charges or fares to reim-
burse the city for reasonable expenses incurred in employing independent rate consultants
to conduct investigations, present evidence and advise the council on such requested in-
crease.
(c) Prescribe reasonable standards of service and quality of products to be furnished by each
utility and prevent unjust discrimination.
(d) Require such extensions of plant and service and such maintenance of plant and fixtures
as may be necessary to provide adequate and efficient service.
(e) Collect from every public utility operating in the city its fair and just proportion of the
expense of excavating, grading, paving, repaving, constructing, reconstructing, draining,
repairing, maintaining, lighting, sweeping and sprinkling such portions of the alleys,
bridges, culverts, viaducts and other public places and ways of the city as may be occu-
pied or used in whole or in part by such utilities; or compel such public utility to perform,
at its own expense, its just share of such excavating, grading, paving, repaving, construct-
ing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling.
(f) Prescribe the form of accounts which shall be kept by each utility; provided, that if the
utility shall keep its accounts in accordance with the uniform system of accounts for said
utility as prescribed by the National Association of Railroad and Public Utility Commis-
sioners, the Federal Power Commission, the Federal Communications Commission, the
Railroad Commission of Texas, or their respective successors, this shall be deemed suffi-
cient compliance with this paragraph.
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(g) Examine or cause to be examined at any time the accounts and other records of any utility
operating within the city for the purpose of ascertaining any fact relating to the business
done by such utility and pertinent to the council's power of regulation.
(h) The council shall provide means and prescribe regulations for independent testing of all
gas, water, light and other public utility meters on complaint of any person who may be
dissatisfied with the readings of the employees of those utilities, whether owned by pri-
vate corporations or by the City of Denton.
(i) Enact and enforce such reasonable regulations and restrictions as may be deemed desir-
able or conducive to the safety, welfare and accommodation of the public.
G) The City of Denton shall have power to prohibit the use of any street, alley, highway,
boulevard or grounds of the city by any telegraph, telephone, electric light, street railway,
interurban railway, gas company or any other character of public utility without first ob-
taining the consent of the governing authorities expressed by ordinance, and upon paying
such compensation as may be prescribed and upon such conditions as may be provided
for by such ordinances, and the City of Denton shall have the power to require all tele-
graph, telephone and electric light companies to place their wires underground.
(k) Require each utility operating in the city to file with the city such reports and other in-
formation pertaining to its operations that are required by its franchise agreement with the
city, this charter, city code, other applicable laws, or that may be required from time to
time by the council.ear of such utility, '~vhich report shall sho'tv:
(1) The actual cost of the plant and property devoted to public use in serving custom
ers in the City of Denton, stating the location and cost of each unit thereof, to
gether '~yith the depreciation and present value of each plant and property.
(2) The other costs or value claimed for such plant or property, sho'tving '~vhether such
cost or value is arrived at by book costs, purchase costs, appraised value, present
in'/estment '/alue, reproduction cost ne\v[,] less accrued depreciation or some
other described method, if the historical cost is not a'/ailable.
(3) The properties shall be listed in detail sho'~ying the intangible and tangible proper
ties, such as lands, machinery, buildings, pipes, poles, circuits, mains, etc., each
treated separately.
(1) If any federal or state regulatory authority has prescribed any method or yardstick
by 'tvhich the property or plant has been valued, such value and the name of such
authority shall be stated \yith a reference to the order relied upon.
(5) The amount of any lien or mortgage upon the properties composing such plant; if
the lien or mortgage covers several plants or properties, then the report shall sho'~v
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the proportionate value of the plant and property in Denton to all the property
covered by the lien or mortgage and shall state 'Nhether such proportionate values
are based on actual historical costs, book costs, appraised '/alues or other method,
and the report shall further sho\v the comparati'/e number of meters or customers
served by the Denton plant and their aggregate use of ser'/ice in relation to the
'tvhole property covered by the lien or mortgage; like'tvise all other indebtedness
pertaining to such enterprise shall be sho\yn.
(6) The annual cost of operating such plant or system sho'tving as separate items the
amount paid for salaries and '~Yages, fixed charges, including interest, taxes and
insurance, giving each separately, amount paid for fuel, extensions and repairs,
giving each separately and particularizing the extensions and repairs, the cost of
maintenance, amount paid for damages, identifying each claim or suit, amount
paid for miscellaneous expenses, and, if any machinery or equipment is aban
doned, 'tvorn out or its use discontinued, the same shall be stated, the original cost
and present value thereof shall be given; and the allocation and the method of al
locating cost of the business of such utility in Denton shall be sho'Nn in detail
v/ith a statement of the basis for each such allocation, proration or di'/ision of
costs and expenses.
(7) The report shall sho'tv the gross earnings of such utility from its operations in
Denton; the cost of producing such earnings, including an itemization of any
over all prorated costs or expenses charged against the utility's operations in
Denton; and the net profits from the operations in Denton.
(8) The report shall also contain any other information requested by resolution of the
council.
(I) Fix appropriate penalties to enforce compliance with all rules and regulations enacted by
the council.
(m) Give due notice and a fair hearing to persons or corporations to be affected by such rules
and regulations before they shall be adopted.
AMENDMENT NO. 23
Section 14.05 of the Charter shall be amended to read as follows:
Sec. 14.05. Nepotism.
No person shall be appointed to an office or be employed by the City of Denton who is
related to any member of the council within the second degree of affinity or the third degree of
consanguinity, and this shall apply to heads of departments in their respective departments. This
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does not apply to a person who was appointed or employed by the city prior to the election or
appointment of the council member.
SECTION 2. The form of the ballot shall be substantially as follows:
PROPOSITION NO. 1 - Annexation: Shall Section 1.03 of the City Charter be amended to
eliminate the publication of the proposed annexation ordinance and to substitute the requirement
of a five-sevenths vote of the city council for the current four-fifths vote of the Council necessary
to annex land outside the city into the city?
YES
NO
PROPOSITION NO.2 - No Expansion of Liability: Shall Subsection 1.06 (f) of the City Char-
ter be amended to remove the word "ordinary" liability to clarify that Section 1.06 of the Charter
shall not be construed to expand any liability of the city?
YES
NO
PROPOSITION NO.3 - City Council Elections: Shall Subsection 3.01 (a) of the City
Charter be amended to provide that council elections will be held on the uniform election day in
May in compliance with the Election Code?
YES
NO
PROPOSITION NO.4 - Council Meetings: Shall Subsection 2.05 (a) of the City Charter be
amended to provide that the council shall meet as soon as practicable after each city council elec-
tion and in accordance with applicable law, instead of specifying a precise date, and that special
called council meetings may be either at city hall or other locations accessible to the public, in
contrast to regular meetings, which are required to be at city hall?
YES
NO
PROPOSITION NO.5 - Council Minutes: Shall Section 2.07 of the City Charter be amended to
clarify that minutes of council meetings such as certain executive sessions under the Texas Open
Meeting Act, do not have to be taken and preserved under certain circumstances where author-
ized by law?
YES
NO
PROPOSITION NO.6 - City Auditor: Shall Section 2.08 and Article VI of the City Charter be
amended to provide that a city auditor shall be appointed by and have his or her salary set by the
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council, and serve at the pleasure of the council to perform auditing duties that may be assigned
by the councilor the city manager at the direction of council?
YES
NO
PROPOSITION NO.7 - Powers of Council: Shall Section 2.08 of the City Charter be amended
to clarify that the council sets the salaries of its appointees; that the city manager sets the salaries
of all other employees; that the council has the authority to adopt all zoning and land use regula-
tions to the fullest extent allowed by law; and that the council after receiving a recommendation
from the planning and zoning commission may adopt, modify and carry out plans related to slum
clearance, rehabilitation of blighted areas and improvement and redevelopment of areas being
destroyed in whole or in part by a disaster?
YES
NO
PROPOSITION NO.8 - Introduction of Ordinance: Shall Subsection 2.09 (b) of the City Char-
ter be amended to allow the introduction of a city ordinance in electronic form, in addition to
written or printed form?
YES
NO
PROPOSITION NO.9 - City Manager and Subordinates: Shall Section 5.03 of the City Charter
be amended to clarify that the city manager appoints and removes any employee other than
council appointees, and except as he or she may authorize the head of a department to appoint
and remove subordinates in such department; and be amended to eliminate the requirement that
department heads with six months service are afforded, upon demand a written statement of rea-
sons for removal, and at his or her request a public hearing before the council before removal?
YES
NO
PROPOSITION NO. 10 - City Attorney: Shall Sections 6.01 and 6.02 of the City Charter be
amended to clarify that the city attorney serves at the pleasure of the council and that the city at-
torney may designate an assistant city attorney to act as city attorney for absences not exceeding
three weeks?
YES
NO
PROPOSITION NO. 11 - Budget: Shall Section 8.03 of the City Charter be amended to change
the annual budget submission deadline to match state law and shall Section 8.08 of the Charter
related to amending the budget be deleted and replaced by a provision that allows the budget to
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be amended for municipal purposes by the affirmative vote of five council members in accor-
dance with state law?
YES
NO
PROPOSITION NO. 12 - Bond Elections: Shall Subsection 9.02 (a) of the City Charter be
amended to delete the requirement that qualified voters at a general obligation bond election
have to be property taxpayers since such a requirement has been declared unconstitutional by the
US Supreme Court?
YES
NO
PROPOSITION NO. 13 - Sale of Bonds: Shall Section 9.04 of the City Charter related to the
procedural requirements for the sale of bonds be amended by deleting all of the text and in its
place provide that all bonds shall be sold in accordance with applicable law?
YES
NO
PROPOSITION NO. 14 - Planning and Zoning Commission: Shall Section 10.02 of the City
Charter be amended to; delete the requirement that members of the Planning and Zoning Com-
mission must be real property taxpayers; delete the requirement that the city manager, mayor and
director of community development are ex officio members; and provide that commission rules
and regulations are subject to council review?
YES
NO
PROPOSITION NO. 15 - Planning and Zoning Commission Powers and Duties: Shall Section
10.03 of the City Charter be amended to;
(a) clarify that the Planning and Zoning Commission shall have all of the powers and du-
ties provided by state law;
(b) provide that the commission instead of adopting platting and subdivision regulations,
shall make recommendations to the council regarding such regulations;
(c) delete the requirement that the commission draft the official map of the City and to
provide that the commission shall make recommendations to the council as to proposed changes
to the map;
(d) provide that the commission shall make recommendations to council regarding pro-
posed zoning changes instead of recommending approval or disapproval of such changes;
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(e) require the commission's submission to the city manager of recommended capital im-
provements prior to the beginning of the budget year, instead of not less than 60 days prior to the
budget year;
(f) eliminate Subsection 1 0.03 (b) (2) relating to employment of city planners and con-
sultants; and
(g) eliminate the provision that the commission may place and maintain monuments and
marks on land?
YES
NO
PROPOSITION NO. 16 - Legal Effect of Master Plan: Shall Section 10.05 of the City Charter
be amended so that the requirement that no street, park, or other public way, ground or space, no
public building or structure and no public utility shall be constructed or authorized in the city,
unless it is first submitted to the planning and zoning commission, does not apply to circum-
stances where plat approval is not required or the public improvement is so small as not to ap-
pear on the master plan?
YES
NO
PROPOSITION NO. 17 - Platting and Subdivision Control: Shall Section 10.08 of the City
Charter be amended to provide that the planning and zoning commission shall recommend to the
council the adoption of platting and subdivision regulations in order to conform this provision to
state law?
YES
NO
PROPOSITION NO. 18 - Regulation of Construction: Shall Subsection 10.10 of the City Char-
ter be amended to clarify that the city's authority to regulate the construction and use of build-
ings and structures includes new construction, renovations, and reconstruction?
YES
NO
PROPOSITION NO. 19 - Slum Clearance and Rehabilitation of Blighted Areas: Shall Subsec-
tion 10.12 of the City Charter be amended to provide that the council may adopt, modify and
carry out plans for the clearance of slum districts and blighted areas, after receiving a recom-
mendation from the planning and zoning commission.
YES
NO
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PROPOSITION NO. 20 - Public Utilities Board: Shall Sections 12.07 and 12.08 of the City
Charter be amended to provide:
(a) that a majority of members of the Public Utilities Board shall constitute a quorum,
(b) that a permanent record of the board's proceedings shall be maintained, except as oth-
erwise provided by law,
(c) clarification that the board serves the council, in addition to the department of utilities,
(d) that the board is a consulting and advisory board and not supervisory, and
(e) that the board's annual recommended capital improvements be submitted to the plan-
ning and zoning commission prior to the beginning of the budget year?
YES
NO
PROPOSITION NO. 21 - Regulation of Franchised Utilities: Shall Section 13.04 of the City
Charter be amended to revise Subsection 13.04 (k) in its entirety to require each utility operating
in the city to file with the city such reports and other information pertaining to its operations that
are required by its franchise agreement with the city, this charter, city code, other applicable
laws, or that may be required from time to time by the council?
YES
NO
PROPOSITION NO. 22 - Nepotism: Shall Section 14.05 of the City Charter be amended to
clarify that the prohibition against any person being appointed or employed by the city who is
close relative to a council member does not apply to a person who was appointed or employed by
the city prior to the appointment or election of the council member?
YES
NO
SECTION 3. The election and early voting shall be conducted at the time and in the
manner specified in and in accordance with the agreement between the County and the City ap-
proved by Ordinance No. , with the general election being held on November 7,
2006. Said ordinance and agreement are incorporated herein by reference.
SECTION 4. The election shall be held under the provisions of the Charter of the City
of Denton, the Constitution and the laws of the State of Texas, the Voting Rights Act of 1965, as
amended, insofar as they may be applicable.
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SECTION 5. This ordinance shall constitute the order and may serve as notice of the
election and shall be published and noticed in accordance with all applicable laws.
SECTION 6. The caption of this ordinance shall be published in a newspaper of general
circulation in the City of Denton, in compliance with the provisions of the law. Further, this or-
dinance may be published in pamphlet form and shall be admissible in such form in any court, as
provided by law.
SECTION 7. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstance is held to be unconstitu-
tional, such holding shall not affect the validity of the remaining portions of this ordinance, the
City Council of the City of Denton hereby declares that they would have enacted such remaining
portions despite any such invalidity.
SECTION 8. The City Council has found and determined that the meeting at which this
ordinance is considered is open to the public and that notice thereof was given in accordance
with the provisions of the Texas open meetings law, Tex. Gov't Code ch. 551, as amended, and
that a quorum of the City Council was present.
SECTION 9. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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OPTION 2
ORDINANCE NO.
AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR
THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS
AMENDMENTS TO THE DENTON CITY CHARTER REGARDING ANNEXATION PRO-
VISIONS, NO EXPANSION OF CITY LIABILITY, COUNCIL ELECTIONS, COUNCIL
TERMS OF OFFICE, COUNCIL MEETINGS, COUNCIL MINUTES, CITY AUDITOR,
POWERS OF COUNCIL, INTRODUCTION OF ORDINANCES, CITY MANAGER AND
SUBORDINATES, CITY ATTORNEY, BUDGET, BOND ELECTIONS, SALE OF BONDS,
PLANNING AND ZONING COMMISSION, LEGAL AFFECT OF MASTER PLAN, PLAT-
TING AND SUBDIVISION CONTROL, REGULA TION OF CONSTRUCTION, SLUM
CLEARANCE AND REHABILITATION OF BLIGHTED AREAS, PUBLIC UTILITIES
BOARD, REGULATION OF FRANCHISED UTILITIES, AND NEPOTISM; PRESCRIBING
THE TIME AND MANNER OF THE CONDUCT OF THE ELECTION TO BE IN ACCOR-
DANCE WITH AN AGREEMENT WITH DENTON COUNTY; PRESCRIBING THE FORM
OF BALLOT; PROVIDING FOR NOTICE; PROVIDING FOR PUBLICATION OF NOTICE
OF THIS ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN
MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Denton City Charter was last amended in 1999; and
WHEREAS, the City Council finds that the proposed Charter amendments are in the pub-
lic interest and do not contain more than one subject; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. In accordance with the provisions of Tex. Loc. Gov't Code 99.004, there
shall be submitted to the voters of the City of Denton, Texas, at an election to be held on No-
vember 7, 2006, the following amendments to the Home-Rule Charter of the City of Denton,
Texas, which are shown by showing those portions which will be retained in normal type, the
deleted text in the existing Charter being shown as strikeouts, and new or additional text shown
as underlined:
AMENDMENT NO.1
Section 1.03 of the Charter shall be amended to read as follows:
Sec. 1.03. Extension of city limits.
The city council, by a majority vote of not less than four fifths (1/5) five sevenths (5/7) of its
membership, shall have the power by ordinance to provide for the alteration and extension of
said boundary limits, and the annexation of territory lying adjacent to outside the city, with or
without the consent of the inhabitants of the territory annexed., subiect to applicable state law.
Upon the introduction of any such ordinance to the city council, such ordinance shall be pub
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lished one time in the official ne'~vspaper of the City of Denton. 1^1mendments may later be incor
porated into the proposed ordinance by a vote of not less than four fifths (1/5) of the membership
of the city council and publication one time in the official ne\Yspaper of the City of Denton. The
proposed ordinance, or any amendment thereof shall not thereafter be finally acted upon until at
least thirty (30) days after the publication thereof; and upon the final passage of any such ordi
nance, or any amendment thereto, the boundary limits of the city shall thereafter be as fixed
thereby. When any additional territory has been so annexed, same shall be a part of the City of
Denton, and the property situated therein shall be subject to and shall bear its pro rata part of the
taxes levied by the city, and the inhabitants thereof shall be entitled to and shall possess all the
rights and privileges of the citizens of the City of Denton, and shall be under obligations as such
citizens.
AMENDMENT NO.2
Subsection 1.06 (f) of the Charter shall be amended to read as follows:
(f) No provision of this section shall ever be so construed to expand the ordinary liability of
the city.
AMENDMENT NO.3
Subsection 2.01 (c) of the Charter shall be amended to read as follows:
(c) All members of the council and the mayor shall be elected for twe-three-year terms and
shall not be eligible for election to more than three (3) two (2) consecutive twe-three-
year terms, such terms to commence with the first twethree-year term to which such
member or mayor is elected after the adoption of this section. However., members and the
mayor serving at the time of this amendment shall serve the remainder of their unexpired
terms and shall be eligible for subsequent re-elections to their current place so long as
they have served less than six (6) consecutive years at the beginning of their final three-
year term.
AMENDMENT NO.4
Subsection 2.05 (a) of the Charter shall be amended to read as follows:
(a) On the second (2nd) Tuesday in 1^1pril, or aAs soon thereafter as practicable after each
city council election and in accordance with state law, the council shall meet at the city
hall and the newly-elected members shall qualify and assume the duties of office. There-
after, the council shall meet regularly at city hall at such times as may be prescribed by its
rules but not less frequently than once each calendar month. 1^1ll meetings of the council
shall be held at the city hall unless the council shall by ordinance or resolution designate
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another place Special called meetings may be held from time to time at city hall or other
locations accessible to the public.
AMENDMENT NO.5
Section 2.07 of the Charter shall be amended to read as follows:
Sec. 2.07. Rules of procedure, minutes.
The council shall determine its own rules of procedure and order of business. Except as
may otherwise be provided by state law., such as certain executive sessions under the Texas Open
Meetings Act being Chapter 551 of the Texas Government Code., M-minutes of all meetings of
the council shall be taken and preserved as a permanent record open to the public for inspection.
AMENDMENT NO.6
Section 2.08 of the Charter shall be amended to read as follows:
Sec. 2.08. Powers of the council.
Except as otherwise provided by this charter all powers of the city and the determination
of all matters of policy shall be vested in the council. Without limitation of the powers granted or
delegated to the city by the Constitution, statutes, or this Charter, the council shall have power
to:
(a) Appoint and remove the city manager.
(b) Appoint and remove the city attorney., the city auditor., and the municipal court judge.
(c) Approve members of all boards, commissions and committees serving the city.
(d) Adopt the budget of the city.
(e) Fix the salary of the city manager., city auditor., city attorney., and the municipal court
iudge and, in cooperation '~vith the city manager, all other salaries.
(f) Authorize by ordinance the issuance of bonds, assignments of revenue or warrants.
(g) Approve plats.
(h) Adopt and modify the official map of the city.
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(i) Adopt and modify the zoning plan, including any and all zoning and land use regulations
to the fullest extent allowed by law '~vhich may regulate and fix the height and number of
stories of buildings and other structures, the size of yards and courts, the density of popu
lation and the location and use of buildings for trade, industry, business, residence or
other purposes.
G) Provide for the establishment and designation of fire limits and prescribe the kind and
character of buildings, structures, or improvements which may be erected therein, and
provide for the condemnation of dangerous or dilapidated buildings or structures which
increase the fire hazard and the manner of their removal or destruction.
(k) Adopt and modify the building code.
(I) After receiving a recommendation from the planning commission A-adopt, modify and
carry out plans proposed by the planning commission for the clearance of slum districts
and rehabilitation of blighted areas, and for the replanning, improvement and redevelop-
ment of any area or district which may have been destroyed in whole or in part by disas-
ter.
(m) Regulate, license and fix the charges or fares made by any person, firm or corporation
owning, operating or controlling any vehicle of any character used for the carrying of
passengers for hire or the transportation of freight for hire on the public streets or alleys
of the city.
(n) Provide by ordinance for the exercise of the police powers of the city.
(0) Establish and maintain a free public library and to cooperate for such purposes with any
person, firm, association or political subdivision in the manner prescribed by ordinance.
(p) Provide by ordinance for the exercise by this city of any and all powers of local self-
government not made self-enacting by this charter or by statute.
(q) Inquire into the conduct of any office, department or agency of the city and make investi-
gations of municipal affairs.
(r) Provide for an independent audit.
(s) Perform the districting and redistricting function.
AMENDMENT NO.7
Subsection 2.09 (b) of the Charter shall be amended to read as follows:
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(b) Every ordinance shall be introduced in written~ ef printed., or electronic form and passed
in compliance with section 2.06 of this Article, authenticated by the signatures of the
mayor (or mayor pro tem) and the city secretary and systematically recorded in an ordi-
nance book in a manner approved by the council. It shall be necessary to record only the
caption or title of each ordinance in the minutes of the council.
AMENDMENT NO.8
Subsection 3.01 (a) of the Charter shall be amended to read as follows:
Sec. 3.01. Municipal elections.
(a) The regular election for the choice of members of the City Council as provided in Article
II shall be held each year on the fust Saturday uniform election day for municipal elec-
tions in May or on any other uniform election day for municipal elections established by
the Election Code. The Council may by resolution or ordinance order special elections
which shall be held as nearly as practicable according to the provisions for a regular elec-
tion. The hours and places for holding all City elections shall be determined by the City
Council. All elections shall be conducted in accordance with the Election Code and all
other applicable laws as they now read or may hereafter be amended.
(b) On the first Saturday in 1^1pril immediately follo'tving adoption of Section 2.01, and the
dra'~ving of election district boundaries by the council, the '/oters shall elect:
(1) The mayor, place seven (7), for a term oft,~vo (2) years.
(2) T'~vo (2) councilmembers, places fi'/e (5) and six (6), for terms oft\yo (2) years each.
(3) One (1) councilmember for an interim term of one (1) year. This position shall be de
nominated for such interim term as place four (1) and such councilmember shall
be elected from the city at large and may be a resident of any district.
1^1t the next follov/ing regular annual municipal election after the one referred to abo'/e in
this section, the district and at large system pro'/ided in Section 2.01 shall take full effect.
(c) Councilmembers holding office at the time the charter amendments to Section 2.01 are
adopted (places one (1), tv/o (2) and three (3)) shall ser'/e the remainder of their unex
pired terms as at large members of the council.
(d) If any councilmember 'Nhose term '~vould not other'tvise expire at the time of the canvass
of the results of the election specified in Section 3.0 1 (b) shall enter said election, such
councilmember's term shall be deemed to ha'/e been vacated at the time of the canvass of
said election results, '~vhether the candidacy of said councilmember is successful or not.
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(b) Elections for places one (1)., two (2)., three (3) and four (4) shall be held in separate years
from places five (5)., six (6)., and the mayor., seven (7). The municipal election on the
second Saturday in May immediately following the adoption of this amendment and
every three years thereafter., members for places one (1)., two (2)., three (3)., and four (4)
shall be elected for three (3) year terms. One year later at the municipal election., and
every three years thereafter., members for places five (5)., six (6)., and seven (7) shall be
elected for three (3) year terms.
(e-c) Neither the mayor nor any member of the council shall become a candidate for election to
any position on the council, other than for reelection to the same seat, unless such candi-
date shall first submit to the city secretary his written resignation from the council to be
effective at the time of the canvass of the results of the next regularly scheduled election.
If such candidate's unexpired term would otherwise extend beyond the date of such can-
vass, the city secretary shall notify the council and an election shall be held on the date of
the next regularly scheduled election to fill the unexpired term of said resigning council-
member.
AMENDMENT NO.9
Section 5.03 of the Charter shall be amended to read as follows:
Sec. 5.03. The city manager: powers and duties.
The city manager shall be the chief executive officer and the head of the administrative branch of
the city government. He shall be responsible to the council for the proper administration of all
affairs of the city placed under his control by this Charter or by ordinance or resolution of the
council, and to that end he shall:
(a) Appoint and, '~yhen necessary for the good of the ser'/ice, remove any officer or employee
of the city, except as otherwise provided by this Charter and except as he., or she may au-
thorize the head of a department to appoint and remove subordinates in such department.
In case of the remo'/al of an officer or the head of a department after six months' ser'/ice,
if the person remo'/ed so demands, a \yritten statement gi'/ing the reason for his remo'/al
shall be made by the city manager, and the person removed shall, if he so demands, be
giyen a public hearing by the council before the order of his remo'/al is made final. The
statement of the city manager and any 'tvritten reply thereto shall be filed as a public re
cord in the office of the city secretary.
(b) Prepare the annual budget and submit it to the council and be responsible for its admini-
stration after adoption.
(c) Prepare and submit to the council at the end of the fiscal year a complete report on the
finances and administrative activities of the city for the preceding year.
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(d) Attend all meetings of the council, with the right to take part in the discussion, but having
no vote.
(e) Keep the council advised of the financial condition and future needs of the city and make
such recommendations as may seem to him desirable.
(f) Appoint, subject to the approval of the council, the city secretary.
(g) Perform such other duties as may be prescribed by this Charter or required of him by the
council not inconsistent with this Charter.
AMENDMENT NO. 10
Portions of Article VI, Sections 6.01 and 6.02 of the Charter shall be amended and Sec-
tion 6.04 shall be added to read as follows:
ARTICLE VI. CITY A TTORNEY~ AND MUNICIPAL COURT It AND CITY AUDITOR
Sec. 6.01. City attorney: appointment.
The city attorney, who shall be head of the legal department, shall be a qualified attorney-
at-law licensed to practice in the State of Texas. He., or she shall be appointed by the council., and
serve at the pleasure of the city council. He., or she shall receive such compensation as may be
fixed by the council.
Sec. 6.02. City attorney: powers and duties.
( a) The city attorney shall represent the city in all litigation and controversies and shall
prosecute all cases brought before the municipal court. He., or she shall draft, approve or
file his., or her written opinion on the legality of every proposed ordinance before it is
acted upon by the council, and shall pass upon all documents, contracts and other legal
instruments in which the city may have an interest.
(b) He., or she shall be the legal advisor of the city manager, city council, and of all boards,
commissions, agencies, officers and employees with respect to any legal question involv-
ing their official powers or duties. He., or she shall perform such other duties as may be
required by statute, by this Charter or by ordinance.
(c) The council may authorize the appointment of such assistant city attorneys as may be
needed to perform the duties of this department. The city attorney may designate an assis-
tant city attorney to act as city attorney in case of his or her temporary absence of not
more than three weeks. The council may ef authorize the appointment of a temporary city
attorney to act for the city attorney in the case of his a longer temporary absence or dis-
ability.
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Sec. 6.04. City Auditor
The city auditor shall be appointed by the council and shall serve at the pleasure of the
council., and shall perform such auditing duties as may be assigned from time to time by the
council., or by the city manager at the direction of the council.
AMENDMENT NO. 11
Section 8.03 of the Charter shall be amended to read as follows:
Sec. 8.03. Preparation and submission of budget.
1^1t least sixty (60) days before the end of each fiscal year Within the time period required
by law, 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 (120) days before the end of the fiscal year.
AMENDMENT NO. 12
Section 8.08 of the Charter shall be amended to read as follows:
Sec. 8.08. Amending the budget.
In case of gra'/e public necessity, emergency expenditures to meet unusual and unfore
seen conditions, '~vhich could not by diligent thought and attention have been included in the
original budget, may be authorized by the affirmative vote of at least fi'/e (5) of the members of
the council as an amendment to the original budget. In every case 'tvhere such amendment is
made, a copy of the ordinance adopting the amendment shall be filed '~vith the city secretary,
published in the next issue of the official ne\vspaper of the city, and attached to the budget origi
nally adopted. The budget may be amended for municipal purposes by the affirmative vote of at
least five (5) members of the council., in accordance with applicable law.
AMENDMENT NO. 13
Subsection 9.02 (a) of the Charter shall be amended to read as follows:
(a) After approval by a majority of the qualified property taxpaying voters voting at an gen-
eral obligation bond election called for the purpose of authorizing the issuance of general
obligation bonded debt, the City shall authorize the issuance of such bonds by a bond or-
dinance passed by an affirmative vote of a majority of all members of the Council. The
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City Council may approve the issuance of revenue bonds without an election by authoriz-
ing the issuance of such bonds by bond ordinance passed by an affirmative vote of the
majority of all members of the Council.
AMENDMENT NO. 14
Section 9.04 of the Charter shall be amended to read as follows:
Sec. 9.04. Sale of bonds.
1^1ll bonds issued under this charter shall be sold at public sale upon sealed bids in the fol
lo'~ving manner: 1^1fter all of the bond requirements of the charter have been fully met the council
shall immediately cause to be published a proper notice in a national publication carrying mu
nicipal bond notices and devoted primarily to financial ne'~vs '~vhich regularly includes municipal
bond sale notices, stating the pertinent facts relating to the proposed sale, the time, the date and
the place ('Nhich shall be in the City of Denton) that all sealed bids 'tvill be publicly opened and
tabulated before the council. The date ad'/ertised for the opening of sealed bids shall be thirty
(30) days from the date of publication; concurrently there'~vith a similar notice shall be published
at least once in the designated official ne'Nspaper of the City of Denton. '.l/hen the sealed bids are
opened the bond attorneys retained by the city in compliance 'tvith section 9. 02(b) of this 1^1rticle
shall tabulate the bids and give the council a 'Nritten recommendation as to the IO'tv and best bid.
No bonds issued under this charter shall be sold for less than par value and accrued interest, and
the council shall have the right to refuse any and all bids and read'/ertise the sale at a later date or
dates. 1^1n official bid form shall be made available by the council to all prospective bidders on
request, and no sealed bid '~vill be accepted unless it is made on the official bid form. The official
bid form shall carry the total amount of bonds published to be sold; the purpose of the bond sale;
the type of bonds; years of maturity; principal amounts as determined by the council; coupon rate
by years; and a provision requiring the bidder to attach a bid bond executed by an approved
surety company or a certified or cashier's check, payable unconditionally to the City of Denton in
the amount as determined by the council, as a guarantee of performance if the bid is accepted by
the council; and other pertinent information ordinarily appearing on official bid forms. Should
the council so desire, a prospectus shall be prepared by the City of Denton or by someone em
ployed by the City of Denton, gi'/ing more complete detail on the proposed bond sale. All bonds
shall be sold in accordance with applicable law.
AMENDMENT NO. 15
Shall Section 10.02 of the Charter be amended to read as follows:
Sec. 10.02. Planning and zoning commission.
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(a) There shall be a planning and zoning commission which shall consist of seven (7) real
property taxpayers members, 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 (2) years, provided four (4) members shall
be appointed each odd-numbered year and three (3) members each even-numbered year.
The city manager, mayor and director of community development shall serve as ex offi
cio members of the commission, but shall ha'/e no '/ote.
(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 commis-
sion shall elect its chairman from among its members. Seven (7) members shall serve
without pay and shall adopt such rules and regulations as they deem best governing their
actions, proceedings, deliberations, and the times and places of meetings., subiect to
council review.
(c) If a vacancy occurs in the city planning and zoning commission the council shall appoint
a commissioner to fill such vacancy for the unexpired term.
AMENDMENT NO. 16
Section 10.03 of the Charter shall be amended to read as follows:
Sec. 10.03. Planning and zoning commission: Powers and duties.
(a) In addition to the powers and duties set forth in this charter., + the planning and zoning
commission shall have the powers and duties of a planning and zoning commission under
state law., including without limitation those under Chapters 211 and 212 of the Texas
Local Government Code., as may be amended from time to time., and shall perform such
other powers and duties as may be assigned by the council. The planning and zoning
commISSIon may:
(1) Make, amend, extend and add to the master plan for the physical development of
the city.
(2) Formulate and adopt Recommend to the council regulations governing the plat-
ting or subdividing of land within the city. (The applicable provisions of Chapter
1, Title 28 of the Re'/ised Ci'/il Statutes of the State of Texas, 1925, Chapter 212
of the Texas Local Government Code as now or hereafter amended, are hereby
adopted and made a part of this charter, and shall be controlling on the planning
and zoning commission.)
(3) Draft for the council an official map of the city and recommend approval or dis
approval Make recommendations to the council regarding ef proposed changes iH
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to said the official map of the city; and keep such map up-to-date so as to reflect
any changes in the boundary or the zoning plan of the city.
(4) Make and recommend plans for the clearance and rebuilding of any slum districts
or blighted areas within the city.
(5) Make Recommendations to the council appro'/al or disappro'/al of regarding pro-
posed changes in the zoning plan and ordinance of this city and have all the
power, duty and authority of a zoning commission as provided in "/ernon's Texas
Civil Statutes, 1918, 1^1rticle 1011f, as nO'N or hereafter amended, [\T.T.Co1^1., Lo
cal Government Code ~ 211.007] Chapter 211 of the Texas Local Government
Code., as now or as hereinafter amended.,all of which are hereby adopted as a part
of this charter.
(6) Submit annually to the City Manager, not less than sixty (60) days prior to the be-
ginning of the budget year, a list of recommended general obligation capital im-
provements which in the opinion of the Commission ought to be constructed dur-
ing the forthcoming five (5) year period. (Such list shall be arranged in order of
preference, with recommendations as to which projects should be constructed in
which year, and the City Manager shall forthwith furnish a copy of such recom-
mendations to each member of the Council.)
(7) Promote public interest in and understanding of the master plan and of planning,
zoning, clearance of blighted areas and development of the city.
(8) Meet not less than once each month and keep a public record of its resolutions,
findings and determinations.
(9) Hold such public hearings as it may deem desirable in the public interest and ad-
vise the council upon such matters as the council may request its advice.
(b) For the accomplishment of the foregoing purposes the planning and zoning commission
is hereby empowered to:
(1) Require information which shall be furnished within a reasonable time from the
other departments of the city government in relation to its work.
(2) '.l/ithin its budget appropriation, recommend the employment of city planners and
other consultants for such services as it may require.
(~ ~) Request additional assistance for special survey work of the city manager, who
may at his discretion assign to the planning and zoning commission, employees of
any administrative department or direct such department to make special studies
requested by the commission.
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~(l) In the performance of its functions, enter upon any land and make examinations
and surveys and place and maintain necessary monuments and marks thereon.
~ill Make and recommend plans for the replanning, improvement and redevelopment
of neighborhoods or of any area or district which may be destroyed in whole or in
part or seriously damaged by fire, earthquake, flood or disaster.
AMENDMENT NO. 17
Section 10.05 of the Charter shall be amended to read as follows:
Sec. 10.05. Legal effect of master plan.
Except in circumstances where plat approval is not required or the public improvement is
so small as not to appear on the master plan.,N--rro street, park, or other public way, ground or
space, no public building or structure and no public utility whether publicly or privately owned,
shall be constructed or authorized in the City until and unless the location and extent thereof
shall have been submitted to and approved by the Planning and Zoning Commission; provided
that, in case of disapproval, the Commission shall within thirty (30) days communicate its rea-
sons to the Council, which shall have the power to overrule such disapproval, and, upon such
overruling, the Councilor the appropriate office, department, or agency shall have the power to
proceed.
AMENDMENT NO. 18
Section 10.8 of the Charter shall be amended to read as follows:
Sec. 10.08. Platting or subdivision control.
The planning and zoning commission shall recommend to the council the adoption of
regulations governing the platting or subdividing within the city or within the area under the ex-
traterritorial jurisdiction of the city, and the owner of every such subdivision shall comply with
all of the provisions of Article 974a and 6626, Vernon's Texas Civil Statutes, 1948, [V.T.C.A.,
Local Government Code 9 212.002 et seq. and V.T.C.A., Property Code 9 12.001 et seq.] as now
or hereafter amended. Such regulation may provide for the harmonious development of the city
within the subdivided land with other existing or planned streets and ways or for conformance
with the master plan or official map, for adequate open spaces, spaces for traffic, utilities, recrea-
tion, light and air and for the avoidance of congestion of population. Such regulations may in-
clude requirements as to the extent to which and the manner in which streets and other ways
shall be graded and improved and water, sewer and other utility mains, piping, connections or
other facilities shall be installed as a condition precedent to the approval of a subdivision.
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AMENDMENT NO. 19
Subsection 10.10 (a) of the Charter shall be amended to read:
(a) The city shall have the power to prohibit the erection, construction or use of any building
or structure of any kind within the city without a permit having first been issued, by the
city, for the construction or erection of such building or structure, and without a use and
occupancy certificate having been issued for the use actually made of such premises and
structure and may authorize a fee to be charged for such permit. In pursuance of this au-
thority the council may authorize the inspection of all buildings and structures during the
progress of their construction or thereafter and may require new construction., renovation.,
or reconstruction to comply with all building regulations existing in the city or '~yhich
shall hereafter be passed [ sic].
AMENDMENT NO. 20
Section 10.12 of the Charter shall be amended to read as follows:
Sec. 10.12. Slum clearance and rehabilitation of blighted areas.
The council may, after receiving a recommendation from the planning and zoning com-
mission adopt, modify and carry out plans proposed by the planning and zoning commission for
the clearance of slum districts and blighted areas within the city and, for the accomplishment of
this purpose, may acquire by purchase or condemnation all privately owned lands, buildings and
other real property interests within the district; may establish, locate, relocate, build and improve
the streets and other public open spaces provided for in the plan; may maintain, operate, lease or
sell said buildings or any of them; may sell the land or any part thereof designated for buildings
and private open spaces upon such terms and conditions and subject to such restrictions as to
building uses and open spaces as will substantially carry out and effect the plan.
AMENDMENT NO. 21
Subsection 12.07 (d) of the Charter related to the public utilities board shall be amended to
read as follows:
(d) At its organizational meeting, and annually thereafter as soon as the newly appointed
member (or members) has qualified; the board shall select from its own membership a
chairman, vice-chairman, and secretary. 1^1ny three (3) A maiority of the regularly ap-
pointed members shall constitute a quorum. The board shall determine its own rules and
order of business. The board shall meet at least once each month; all meetings shall be
conducted in accordance with the Texas Open Meetings Act, chapter 551 of the Texas
Government Code, as it may now read or hereafter be amended and all other applicable
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laws and a permanent record of proceedings shall be maintained., except as otherwise
provided by law.
AMENDMENT NO. 22
Subsections 12.08 (a) and (e) related to the powers and duties of the public utilities board
shall be amended to read:
(a) The board shall serve the department of utilities and city council as a consulting., and ad-
visory and supervisory board.
(e) The board shall submit annually to the planning and zoning commission (for incorpora-
tion in its report), not less than one hundred tv/enty (120) days prior to the beginning of
the budget year, a list of recommended capital improvements, which in the opinion of the
board ought to be constructed during the forthcoming five (5) year period. Such list shall
be arranged in order of preference, with recommendations as to which projects should be
constructed in which year.
AMENDMENT NO. 23
Section 13.04 of the Charter shall be amended to read as follows:
Sec. 13.04. Regulation of utilities.
The city council shall have the power and the duty to:
(a) Determine, fix and regulate the charges, fares or rates of all public utilities operating
within the city, provided the council shall not prescribe any rate of compensation which
will yield more than a fair return upon the fair value of the physical property used and
useful in rendering service to the public.
(b) Require such franchise holders who request an increase in rates, charges or fares to reim-
burse the city for reasonable expenses incurred in employing independent rate consultants
to conduct investigations, present evidence and advise the council on such requested in-
crease.
(c) Prescribe reasonable standards of service and quality of products to be furnished by each
utility and prevent unjust discrimination.
(d) Require such extensions of plant and service and such maintenance of plant and fixtures
as may be necessary to provide adequate and efficient service.
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(e) Collect from every public utility operating in the city its fair and just proportion of the
expense of excavating, grading, paving, repaving, constructing, reconstructing, draining,
repairing, maintaining, lighting, sweeping and sprinkling such portions of the alleys,
bridges, culverts, viaducts and other public places and ways of the city as may be occu-
pied or used in whole or in part by such utilities; or compel such public utility to perform,
at its own expense, its just share of such excavating, grading, paving, repaving, construct-
ing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling.
(f) Prescribe the form of accounts which shall be kept by each utility; provided, that if the
utility shall keep its accounts in accordance with the uniform system of accounts for said
utility as prescribed by the National Association of Railroad and Public Utility Commis-
sioners, the Federal Power Commission, the Federal Communications Commission, the
Railroad Commission of Texas, or their respective successors, this shall be deemed suffi-
cient compliance with this paragraph.
(g) Examine or cause to be examined at any time the accounts and other records of any utility
operating within the city for the purpose of ascertaining any fact relating to the business
done by such utility and pertinent to the council's power of regulation.
(h) The council shall provide means and prescribe regulations for independent testing of all
gas, water, light and other public utility meters on complaint of any person who may be
dissatisfied with the readings of the employees of those utilities, whether owned by pri-
vate corporations or by the City of Denton.
(i) Enact and enforce such reasonable regulations and restrictions as may be deemed desir-
able or conducive to the safety, welfare and accommodation of the public.
G) The City of Denton shall have power to prohibit the use of any street, alley, highway,
boulevard or grounds of the city by any telegraph, telephone, electric light, street railway,
interurban railway, gas company or any other character of public utility without first ob-
taining the consent of the governing authorities expressed by ordinance, and upon paying
such compensation as may be prescribed and upon such conditions as may be provided
for by such ordinances, and the City of Denton shall have the power to require all tele-
graph, telephone and electric light companies to place their wires underground.
(k) Require each utility operating in the city to file with the city such reports and other in-
formation pertaining to its operations that are required by its franchise agreement with the
city, this charter, city code, other applicable laws, or that may be required from time to
time by the council.ear of such utility, '~vhich report shall sho'tv:
(1) The actual cost of the plant and property devoted to public use in serving custom
ers in the City of Denton, stating the location and cost of each unit thereof, to
gether '~yith the depreciation and present value of each plant and property.
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(2) The other costs or value claimed for such plant or property, sho'tving '~vhether such
cost or value is arrived at by book costs, purchase costs, appraised value, present
in'/estment '/alue, reproduction cost ne\y[,] less accrued depreciation or some
other described method, if the historical cost is not a'/ailable.
(3) The properties shall be listed in detail sho'tving the intangible and tangible proper
ties, such as lands, machinery, buildings, pipes, poles, circuits, mains, etc., each
treated separately.
(1) If any federal or state regulatory authority has prescribed any method or yardstick
by 'tvhich the property or plant has been valued, such value and the name of such
authority shall be stated 'tvith a reference to the order relied upon.
(5) The amount of any lien or mortgage upon the properties composing such plant; if
the lien or mortgage covers several plants or properties, then the report shall sho'~v
the proportionate value of the plant and property in Denton to all the property
covered by the lien or mortgage and shall state 'Nhether such proportionate values
are based on actual historical costs, book costs, appraised '/alues or other method,
and the report shall further sho\v the comparati'/e number of meters or customers
served by the Denton plant and their aggregate use of ser'/ice in relation to the
'tvhole property covered by the lien or mortgage; like'tvise all other indebtedness
pertaining to such enterprise shall be sho'~vn.
(6) The annual cost of operating such plant or system sho'tving as separate items the
amount paid for salaries and '~Yages, fixed charges, including interest, taxes and
insurance, giving each separately, amount paid for fuel, extensions and repairs,
giving each separately and particularizing the extensions and repairs, the cost of
maintenance, amount paid for damages, identifying each claim or suit, amount
paid for miscellaneous expenses, and, if any machinery or equipment is aban
doned, 'tvorn out or its use discontinued, the same shall be stated, the original cost
and present value thereof shall be given; and the allocation and the method of al
locating cost of the business of such utility in Denton shall be sho'Nn in detail
v/ith a statement of the basis for each such allocation, proration or di'/ision of
costs and expenses.
(7) The report shall shovl the gross earnings of such utility from its operations in
Denton; the cost of producing such earnings, including an itemization of any
o'/er all prorated costs or expenses charged against the utility's operations in
Denton; and the net profits from the operations in Denton.
(8) The report shall also contain any other information requested by resolution of the
council.
(I) Fix appropriate penalties to enforce compliance with all rules and regulations enacted by
the council.
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(m) Give due notice and a fair hearing to persons or corporations to be affected by such rules
and regulations before they shall be adopted.
AMENDMENT NO. 24
Section 14.05 of the Charter shall be amended to read as follows:
Sec. 14.05. Nepotism.
No person shall be appointed to an office or be employed by the City of Denton who is
related to any member of the council within the second degree of affinity or the third degree of
consanguinity, and this shall apply to heads of departments in their respective departments. This
does not apply to a person who was appointed or employed by the city prior to the election or
appointment of the council member.
SECTION 2. The form of the ballot shall be substantially as follows:
PROPOSITION NO. 1 - Annexation: Shall Section 1.03 of the City Charter be amended to
eliminate the publication of the proposed annexation ordinance and to substitute the requirement
of a five-sevenths vote of the city council for the current four-fifths vote of the Council necessary
to annex land outside the city into the city?
YES
NO
PROPOSITION NO.2 - No Expansion of Liability: Shall Subsection 1.06 (f) of the City Char-
ter be amended to remove the word "ordinary" liability to clarify that Section 1.06 of the Charter
shall not be construed to expand any liability of the city?
YES
NO
PROPOSITION NO.3 - City Council Elections: Shall Subsection 3.01 (a) of the City
Charter be amended to provide that council elections will be held on the uniform election day in
May in compliance with the Election Code?
YES
NO
PROPOSITION NO.4 - City Council Members Terms of Office: Shall Subsection 2.01
(c) and Section 3.01 of the City Charter be amended to provide that:
(a) at the first municipal election following this amendment term limits for council mem-
bers and the mayor shall be changed from a maximum of three consecutive two-year terms for
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the same place, to a maximum two consecutive three-year terms for the same place, with council
members and the mayor serving at the time of this amendment being allowed to serve the re-
mainder of their unexpired terms and shall be eligible for subsequent re-elections to their current
place so long as they have served less than six consecutive years at the beginning of their final
three-year term; and
(b) candidates for places one, two, three and four will be elected to three-year terms at the
first council election following this amendment and every third year thereafter, with candidates
for places five, six and seven (mayor) being elected to three-year terms a year later and every
third year thereafter?
PROPOSITION NO.5 - Council Meetings: Shall Subsection 2.05 (a) of the City Charter be
amended to provide that the council shall meet as soon as practicable after each city council elec-
tion and in accordance with applicable law, instead of specifying a precise date, and that special
called council meetings may be either at city hall or other locations accessible to the public, in
contrast to regular meetings, which are required to be at city hall?
YES
NO
PROPOSITION NO.6 - Council Minutes: Shall Section 2.07 of the City Charter be amended to
clarify that minutes of council meetings such as certain executive sessions under the Texas Open
Meeting Act, do not have to be taken and preserved under certain circumstances where author-
ized by law?
YES
NO
PROPOSITION NO.7 - City Auditor: Shall Section 2.08 and Article VI of the City Charter be
amended to provide that a city auditor shall be appointed by and have his or her salary set by the
council, and serve at the pleasure of the council to perform auditing duties that may be assigned
by the councilor the city manager at the direction of council?
YES
NO
PROPOSITION NO.8 - Powers of Council: Shall Section 2.08 of the City Charter be amended
to clarify that the council sets the salaries of its appointees; that the city manager sets the salaries
of all other employees; that the council has the authority to adopt all zoning and land use regula-
tions to the fullest extent allowed by law; and that the council after receiving a recommendation
from the planning and zoning commission may adopt, modify and carry out plans related to slum
clearance, rehabilitation of blighted areas and improvement and redevelopment of areas being
destroyed in whole or in part by a disaster?
YES
NO
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PROPOSITION NO.9 - Introduction of Ordinance: Shall Subsection 2.09 (b) of the City Char-
ter be amended to allow the introduction of a city ordinance in electronic form, in addition to
written or printed form?
YES
NO
PROPOSITION NO. 10 - City Manager and Subordinates: Shall Section 5.03 of the City Char-
ter be amended to clarify that the city manager appoints and removes any employee other than
council appointees, and except as he or she may authorize the head of a department to appoint
and remove subordinates in such department; and be amended to eliminate the requirement that
department heads with six months service are afforded, upon demand a written statement of rea-
sons for removal, and at his or her request a public hearing before the council before removal?
YES
NO
PROPOSITION NO. 11 - City Attorney: Shall Sections 6.01 and 6.02 of the City Charter be
amended to clarify that the city attorney serves at the pleasure of the council and that the city at-
torney may designate an assistant city attorney to act as city attorney for absences not exceeding
three weeks?
YES
NO
PROPOSITION NO. 12 - Budget: Shall Section 8.03 of the City Charter be amended to change
the annual budget submission deadline to match state law and shall Section 8.08 of the Charter
related to amending the budget be deleted and replaced by a provision that allows the budget to
be amended for municipal purposes by the affirmative vote of five council members in accor-
dance with state law?
YES
NO
PROPOSITION NO. 13 - Bond Elections: Shall Subsection 9.02 (a) of the City Charter be
amended to delete the requirement that qualified voters at a general obligation bond election
have to be property taxpayers since such a requirement has been declared unconstitutional by the
US Supreme Court?
YES
NO
PROPOSITION NO. 14 - Sale of Bonds: Shall Section 9.04 of the City Charter related to the
procedural requirements for the sale of bonds be amended by deleting all of the text and in its
place provide that all bonds shall be sold in accordance with applicable law?
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YES
NO
PROPOSITION NO. 15 - Planning and Zoning Commission: Shall Section 10.02 of the City
Charter be amended to; delete the requirement that members of the Planning and Zoning Com-
mission must be real property taxpayers; delete the requirement that the city manager, mayor and
director of community development are ex officio members; and provide that commission rules
and regulations are subject to council review?
YES
NO
PROPOSITION NO. 16 - Planning and Zoning Commission Powers and Duties: Shall Section
10.03 of the City Charter be amended to;
(a) clarify that the Planning and Zoning Commission shall have all of the powers and du-
ties provided by state law;
(b) provide that the commission instead of adopting platting and subdivision regulations,
shall make recommendations to the council regarding such regulations;
(c) delete the requirement that the commission draft the official map of the City and to
provide that the commission shall make recommendations to the council as to proposed changes
to the map;
(d) provide that the commission shall make recommendations to council regarding pro-
posed zoning changes instead of recommending approval or disapproval of such changes;
(e) require the commission's submission to the city manager of recommended capital im-
provements prior to the beginning of the budget year, instead of not less than 60 days prior to the
budget year;
(f) eliminate Subsection 1 0.03 (b) (2) relating to employment of city planners and con-
sultants; and
(g) eliminate the provision that the commission may place and maintain monuments and
marks on land?
YES
NO
PROPOSITION NO. 17 - Legal Effect of Master Plan: Shall Section 10.05 of the City Charter
be amended so that the requirement that no street, park, or other public way, ground or space, no
public building or structure and no public utility shall be constructed or authorized in the city,
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unless it is first submitted to the planning and zoning commission, does not apply to circum-
stances where plat approval is not required or the public improvement is so small as not to ap-
pear on the master plan?
YES
NO
PROPOSITION NO. 18 - Platting and Subdivision Control: Shall Section 10.08 of the City
Charter be amended to provide that the planning and zoning commission shall recommend to the
council the adoption of platting and subdivision regulations in order to conform this provision to
state law?
YES
NO
PROPOSITION NO. 19 - Regulation of Construction: Shall Subsection 10.10 of the City Char-
ter be amended to clarify that the city's authority to regulate the construction and use of build-
ings and structures includes new construction, renovations, and reconstruction?
YES
NO
PROPOSITION NO. 20 - Slum Clearance and Rehabilitation of Blighted Areas: Shall Subsec-
tion 10.12 of the City Charter be amended to provide that the council may adopt, modify and
carry out plans for the clearance of slum districts and blighted areas, after receiving a recom-
mendation from the planning and zoning commission.
YES
NO
PROPOSITION NO. 21 - Public Utilities Board: Shall Sections 12.07 and 12.08 of the City
Charter be amended to provide:
(a) that a majority of members of the Public Utilities Board shall constitute a quorum,
(b) that a permanent record of the board's proceedings shall be maintained, except as oth-
erwise provided by law,
(c) clarification that the board serves the council, in addition to the department of utilities,
(d) that the board is a consulting and advisory board and not supervisory, and
(e) that the board's annual recommended capital improvements be submitted to the plan-
ning and zoning commission prior to the beginning of the budget year?
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YES
NO
PROPOSITION NO. 22 - Regulation of Franchised Utilities: Shall Section 13.04 of the City
Charter be amended to revise Subsection 13.04 (k) in its entirety to require each utility operating
in the city to file with the city such reports and other information pertaining to its operations that
are required by its franchise agreement with the city, this charter, city code, other applicable
laws, or that may be required from time to time by the council?
YES
NO
PROPOSITION NO. 23 - Nepotism: Shall Section 14.05 of the City Charter be amended to
clarify that the prohibition against any person being appointed or employed by the city who is
close relative to a council member does not apply to a person who was appointed or employed by
the city prior to the appointment or election of the council member?
YES
NO
SECTION 3. The election and early voting shall be conducted at the time and in the
manner specified in and in accordance with the agreement between the County and the City ap-
proved by Ordinance No. , with the general election being held on November 7,
2006. Said ordinance and agreement are incorporated herein by reference.
SECTION 4. The election shall be held under the provisions of the Charter of the City
of Denton, the Constitution and the laws of the State of Texas, the Voting Rights Act of 1965, as
amended, insofar as they may be applicable.
SECTION 5. This ordinance shall constitute the order and may serve as notice of the
election and shall be published and noticed in accordance with all applicable laws.
SECTION 6. The caption of this ordinance shall be published in a newspaper of general
circulation in the City of Denton, in compliance with the provisions of the law. Further, this or-
dinance may be published in pamphlet form and shall be admissible in such form in any court, as
provided by law.
SECTION 7. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstance is held to be unconstitu-
tional, such holding shall not affect the validity of the remaining portions of this ordinance, the
City Council of the City of Denton hereby declares that they would have enacted such remaining
portions despite any such invalidity.
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SECTION 8. The City Council has found and determined that the meeting at which this
ordinance is considered is open to the public and that notice thereof was given in accordance
with the provisions of the Texas open meetings law, Tex. Gov't Code ch. 551, as amended, and
that a quorum of the City Council was present.
SECTION 9. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~
Page 23
OPTION 3
ORDINANCE NO.
AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR
THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS
AMENDMENTS TO THE DENTON CITY CHARTER REGARDING ANNEXATION PRO-
VISIONS, NO EXPANSION OF CITY LIABILITY, COUNCIL ELECTIONS, COUNCIL
TERMS OF OFFICE, COUNCIL MEETINGS, COUNCIL MINUTES, CITY AUDITOR,
POWERS OF COUNCIL, INTRODUCTION OF ORDINANCES, CITY MANAGER AND
SUBORDINATES, CITY ATTORNEY, BUDGET, BOND ELECTIONS, SALE OF BONDS,
PLANNING AND ZONING COMMISSION, LEGAL AFFECT OF MASTER PLAN, PLAT-
TING AND SUBDIVISION CONTROL, REGULA TION OF CONSTRUCTION, SLUM
CLEARANCE AND REHABILITATION OF BLIGHTED AREAS, PUBLIC UTILITIES
BOARD, REGULATION OF FRANCHISED UTILITIES, AND NEPOTISM; PRESCRIBING
THE TIME AND MANNER OF THE CONDUCT OF THE ELECTION TO BE IN ACCOR-
DANCE WITH AN AGREEMENT WITH DENTON COUNTY; PRESCRIBING THE FORM
OF BALLOT; PROVIDING FOR NOTICE; PROVIDING FOR PUBLICATION OF NOTICE
OF THIS ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN
MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Denton City Charter was last amended in 1999; and
WHEREAS, the City Council finds that the proposed Charter amendments are in the pub-
lic interest and do not contain more than one subject; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. In accordance with the provisions of Tex. Loc. Gov't Code 99.004, there
shall be submitted to the voters of the City of Denton, Texas, at an election to be held on No-
vember 7, 2006, the following amendments to the Home-Rule Charter of the City of Denton,
Texas, which are shown by showing those portions which will be retained in normal type, the
deleted text in the existing Charter being shown as strikeouts, and new or additional text shown
as underlined:
AMENDMENT NO.1
Section 1.03 of the Charter shall be amended to read as follows:
Sec. 1.03. Extension of city limits.
The city council, by a majority vote of not less than four fifths (1/5) five sevenths (5/7) of its
membership, shall have the power by ordinance to provide for the alteration and extension of
said boundary limits, and the annexation of territory lying adjacent to outside the city, with or
without the consent of the inhabitants of the territory annexed., subiect to applicable state law.
Upon the introduction of any such ordinance to the city council, such ordinance shall be pub
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lished one time in the official ne'~vspaper of the City of Denton. 1^1mendments may later be incor
porated into the proposed ordinance by a vote of not less than four fifths (1/5) of the membership
of the city council and publication one time in the official ne\Yspaper of the City of Denton. The
proposed ordinance, or any amendment thereof shall not thereafter be finally acted upon until at
least thirty (30) days after the publication thereof; and upon the final passage of any such ordi
nance, or any amendment thereto, the boundary limits of the city shall thereafter be as fixed
thereby. When any additional territory has been so annexed, same shall be a part of the City of
Denton, and the property situated therein shall be subject to and shall bear its pro rata part of the
taxes levied by the city, and the inhabitants thereof shall be entitled to and shall possess all the
rights and privileges of the citizens of the City of Denton, and shall be under obligations as such
citizens.
AMENDMENT NO.2
Subsection 1.06 (f) of the Charter shall be amended to read as follows:
(f) No provision of this section shall ever be so construed to expand the ordinary liability of
the city.
AMENDMENT NO.3
Subsection 2.01 (c) of the Charter shall be amended to read as follows:
(c) All members of the council and the mayor shall be elected for two-year terms and shall
not be eligible for election to more than three (3) consecutive two-year terms, such terms
to commence with the first two-year term to which such member or mayor is elected after
the adoption of this section. Beginning with the council election in 2012 council members
for places five., six., and seven (mayor) shall be elected to three-year terms. Beginning
with the council election in 2013 council members for places one., two., three and four
shall be elected to three-year terms. No council member or the mayor may serve more
than six consecutive years in the same place.
AMENDMENT NO.4
Subsection 2.05 (a) of the Charter shall be amended to read as follows:
(a) On the second (2nd) Tuesday in 1^1pril, or aAs soon thereafter as practicable after each
city council election and in accordance with state law, the council shall meet at the city
hall and the newly-elected members shall qualify and assume the duties of office. There-
after, the council shall meet regularly at city hall at such times as may be prescribed by its
rules but not less frequently than once each calendar month. 1^1ll meetings of the council
shall be held at the city hall unless the council shall by ordinance or resolution designate
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another place Special called meetings may be held from time to time at city hall or other
locations accessible to the public.
AMENDMENT NO.5
Section 2.07 of the Charter shall be amended to read as follows:
Sec. 2.07. Rules of procedure, minutes.
The council shall determine its own rules of procedure and order of business. Except as
may otherwise be provided by state law., such as certain executive sessions under the Texas Open
Meetings Act being Chapter 551 of the Texas Government Code., M-minutes of all meetings of
the council shall be taken and preserved as a permanent record open to the public for inspection.
AMENDMENT NO.6
Section 2.08 of the Charter shall be amended to read as follows:
Sec. 2.08. Powers of the council.
Except as otherwise provided by this charter all powers of the city and the determination
of all matters of policy shall be vested in the council. Without limitation of the powers granted or
delegated to the city by the Constitution, statutes, or this Charter, the council shall have power
to:
(a) Appoint and remove the city manager.
(b) Appoint and remove the city attorney., the city auditor., and the municipal court judge.
(c) Approve members of all boards, commissions and committees serving the city.
(d) Adopt the budget of the city.
(e) Fix the salary of the city manager., city auditor., city attorney., and the municipal court
iudge and, in cooperation '~vith the city manager, all other salaries.
(f) Authorize by ordinance the issuance of bonds, assignments of revenue or warrants.
(g) Approve plats.
(h) Adopt and modify the official map of the city.
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(i) Adopt and modify the zoning plan, including any and all zoning and land use regulations
to the fullest extent allowed by law '~vhich may regulate and fix the height and number of
stories of buildings and other structures, the size of yards and courts, the density of popu
lation and the location and use of buildings for trade, industry, business, residence or
other purposes.
G) Provide for the establishment and designation of fire limits and prescribe the kind and
character of buildings, structures, or improvements which may be erected therein, and
provide for the condemnation of dangerous or dilapidated buildings or structures which
increase the fire hazard and the manner of their removal or destruction.
(k) Adopt and modify the building code.
(I) After receiving a recommendation from the planning commission A-adopt, modify and
carry out plans proposed by the planning commission for the clearance of slum districts
and rehabilitation of blighted areas, and for the replanning, improvement and redevelop-
ment of any area or district which may have been destroyed in whole or in part by disas-
ter.
(m) Regulate, license and fix the charges or fares made by any person, firm or corporation
owning, operating or controlling any vehicle of any character used for the carrying of
passengers for hire or the transportation of freight for hire on the public streets or alleys
of the city.
(n) Provide by ordinance for the exercise of the police powers of the city.
(0) Establish and maintain a free public library and to cooperate for such purposes with any
person, firm, association or political subdivision in the manner prescribed by ordinance.
(p) Provide by ordinance for the exercise by this city of any and all powers of local self-
government not made self-enacting by this charter or by statute.
(q) Inquire into the conduct of any office, department or agency of the city and make investi-
gations of municipal affairs.
(r) Provide for an independent audit.
(s) Perform the districting and redistricting function.
AMENDMENT NO.7
Subsection 2.09 (b) of the Charter shall be amended to read as follows:
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(b) Every ordinance shall be introduced in written~ ef printed., or electronic form and passed
in compliance with section 2.06 of this Article, authenticated by the signatures of the
mayor (or mayor pro tem) and the city secretary and systematically recorded in an ordi-
nance book in a manner approved by the council. It shall be necessary to record only the
caption or title of each ordinance in the minutes of the council.
AMENDMENT NO.8
Subsection 3.01 (a) of the Charter shall be amended to read as follows:
Sec. 3.01. Municipal elections.
(a) The regular election for the choice of members of the City Council as provided in Article
II shall be held each year on the fust Saturday uniform election day for municipal elec-
tions in May or on any other uniform election day for municipal elections established by
the Election Code. The Council may by resolution or ordinance order special elections
which shall be held as nearly as practicable according to the provisions for a regular elec-
tion. The hours and places for holding all City elections shall be determined by the City
Council. All elections shall be conducted in accordance with the Election Code and all
other applicable laws as they now read or may hereafter be amended.
(b) On the first Saturday in April immediately following adoption of Section 2.01, and the
drawing of election district boundaries by the council, the voters shall elect:
(1) The mayor, place seven (7), for a term of two (2) years.
(2) Two (2) councilmembers, places five (5) and six (6), for terms of two (2) years each.
(3) One (1) councilmember for an interim term of one (1) year. This position shall be de-
nominated for such interim term as place four (4) and such councilmember shall
be elected from the city at large and may be a resident of any district.
At the next following regular annual municipal election after the one referred to above in
this section, the district and at large system provided in Section 2.01 shall take full effect.
(c) Councilmembers holding office at the time the charter amendments to Section 2.01 are
adopted (places one (1), two (2) and three (3)) shall serve the remainder of their unex-
pired terms as at large members of the council.
(d) If any councilmember whose term would not otherwise expire at the time of the canvass
of the results of the election specified in Section 3.0 1 (b) shall enter said election, such
councilmember's term shall be deemed to have been vacated at the time of the canvass of
said election results, whether the candidacy of said councilmember is successful or not.
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(b) Elections for places one (1)., two (2)., three (3) and four (4) shall be held in separate years
from places five (5)., six (6)., and the mayor., seven (7). Beginning with the municipal
election on the uniform election day in May., 2012., and every three years thereafter.,
members for places five (5)., six (6)., and seven (7) shall be elected for three (3) year
terms. Beginning with the municipal election on the uniform election day in May., 2013.,
and every three years thereafter., members for places one (1)., two (2)., three (3)., and four
(4) shall be elected for three (3) year terms.
(e-c) Neither the mayor nor any member of the council shall become a candidate for election to
any position on the council, other than for reelection to the same seat, unless such candi-
date shall first submit to the city secretary his written resignation from the council to be
effective at the time of the canvass of the results of the next regularly scheduled election.
If such candidate's unexpired term would otherwise extend beyond the date of such can-
vass, the city secretary shall notify the council and an election shall be held on the date of
the next regularly scheduled election to fill the unexpired term of said resigning council-
member.
AMENDMENT NO.9
Section 5.03 of the Charter shall be amended to read as follows:
Sec. 5.03. The city manager: powers and duties.
The city manager shall be the chief executive officer and the head of the administrative branch of
the city government. He shall be responsible to the council for the proper administration of all
affairs of the city placed under his control by this Charter or by ordinance or resolution of the
council, and to that end he shall:
(a) Appoint and, '~yhen necessary for the good of the service, remove any officer or employee
of the city, except as otherwise provided by this Charter and except as he., or she may au-
thorize the head of a department to appoint and remove subordinates in such department.
In case of the remo'/al of an officer or the head of a department after six months' ser'/ice,
if the person remo'/ed so demands, a \yritten statement gi'/ing the reason for his remo'/al
shall be made by the city manager, and the person removed shall, if he so demands, be
giyen a public hearing by the council before the order of his remo'/al is made final. The
statement of the city manager and any 'tvritten reply thereto shall be filed as a public re
cord in the office of the city secretary.
(b) Prepare the annual budget and submit it to the council and be responsible for its admini-
stration after adoption.
(c) Prepare and submit to the council at the end of the fiscal year a complete report on the
finances and administrative activities of the city for the preceding year.
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(d) Attend all meetings of the council, with the right to take part in the discussion, but having
no vote.
(e) Keep the council advised of the financial condition and future needs of the city and make
such recommendations as may seem to him desirable.
(f) Appoint, subject to the approval of the council, the city secretary.
(g) Perform such other duties as may be prescribed by this Charter or required of him by the
council not inconsistent with this Charter.
AMENDMENT NO. 10
Portions of Article VI, Sections 6.01 and 6.02 of the Charter shall be amended and Sec-
tion 6.04 shall be added to read as follows:
ARTICLE VI. CITY A TTORNEY~ AND MUNICIPAL COURT It AND CITY AUDITOR
Sec. 6.01. City attorney: appointment.
The city attorney, who shall be head of the legal department, shall be a qualified attorney-
at-law licensed to practice in the State of Texas. He., or she shall be appointed by the council., and
serve at the pleasure of the city council. He., or she shall receive such compensation as may be
fixed by the council.
Sec. 6.02. City attorney: powers and duties.
( a) The city attorney shall represent the city in all litigation and controversies and shall
prosecute all cases brought before the municipal court. He., or she shall draft, approve or
file his., or her written opinion on the legality of every proposed ordinance before it is
acted upon by the council, and shall pass upon all documents, contracts and other legal
instruments in which the city may have an interest.
(b) He., or she shall be the legal advisor of the city manager, city council, and of all boards,
commissions, agencies, officers and employees with respect to any legal question involv-
ing their official powers or duties. He., or she shall perform such other duties as may be
required by statute, by this Charter or by ordinance.
(c) The council may authorize the appointment of such assistant city attorneys as may be
needed to perform the duties of this department. The city attorney may designate an assis-
tant city attorney to act as city attorney in case of his or her temporary absence of not
more than three weeks. The council may ef authorize the appointment of a temporary city
attorney to act for the city attorney in the case of his a longer temporary absence or dis-
ability.
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Sec. 6.04. City Auditor
The city auditor shall be appointed by the council and shall serve at the pleasure of the
council., and shall perform such auditing duties as may be assigned from time to time by the
council., or by the city manager at the direction of the council.
AMENDMENT NO. 11
Section 8.03 of the Charter shall be amended to read as follows:
Sec. 8.03. Preparation and submission of budget.
1^1t least sixty (60) days before the end of each fiscal year Within the time period required
by law, 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 (120) days before the end of the fiscal year.
AMENDMENT NO. 12
Section 8.08 of the Charter shall be amended to read as follows:
Sec. 8.08. Amending the budget.
In case of gra'/e public necessity, emergency expenditures to meet unusual and unfore
seen conditions, '~vhich could not by diligent thought and attention have been included in the
original budget, may be authorized by the affirmative vote of at least fi'/e (5) of the members of
the council as an amendment to the original budget. In every case 'tvhere such amendment is
made, a copy of the ordinance adopting the amendment shall be filed '~vith the city secretary,
published in the next issue of the official ne\vspaper of the city, and attached to the budget origi
nally adopted. The budget may be amended for municipal purposes by the affirmative vote of at
least five (5) members of the council., in accordance with applicable law.
AMENDMENT NO. 13
Subsection 9.02 (a) of the Charter shall be amended to read as follows:
(a) After approval by a majority of the qualified property taxpaying voters voting at an gen-
eral obligation bond election called for the purpose of authorizing the issuance of general
obligation bonded debt, the City shall authorize the issuance of such bonds by a bond or-
dinance passed by an affirmative vote of a majority of all members of the Council. The
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City Council may approve the issuance of revenue bonds without an election by authoriz-
ing the issuance of such bonds by bond ordinance passed by an affirmative vote of the
majority of all members of the Council.
AMENDMENT NO. 14
Section 9.04 of the Charter shall be amended to read as follows:
Sec. 9.04. Sale of bonds.
1^1ll bonds issued under this charter shall be sold at public sale upon sealed bids in the fol
lo'~ving manner: 1^1fter all of the bond requirements of the charter have been fully met the council
shall immediately cause to be published a proper notice in a national publication carrying mu
nicipal bond notices and devoted primarily to financial ne'~vs '~vhich regularly includes municipal
bond sale notices, stating the pertinent facts relating to the proposed sale, the time, the date and
the place ('Nhich shall be in the City of Denton) that all sealed bids 'tvill be publicly opened and
tabulated before the council. The date ad'/ertised for the opening of sealed bids shall be thirty
(30) days from the date of publication; concurrently there'~vith a similar notice shall be published
at least once in the designated official ne'Nspaper of the City of Denton. '.l/hen the sealed bids are
opened the bond attorneys retained by the city in compliance 'tvith section 9. 02(b) of this 1^1rticle
shall tabulate the bids and give the council a 'Nritten recommendation as to the IO'tv and best bid.
No bonds issued under this charter shall be sold for less than par '/alue and accrued interest, and
the council shall have the right to refuse any and all bids and read'/ertise the sale at a later date or
dates. 1^1n official bid form shall be made available by the council to all prospective bidders on
request, and no sealed bid '~vill be accepted unless it is made on the official bid form. The official
bid form shall carry the total amount of bonds published to be sold; the purpose of the bond sale;
the type of bonds; years of maturity; principal amounts as determined by the council; coupon rate
by years; and a provision requiring the bidder to attach a bid bond executed by an approved
surety company or a certified or cashier's check, payable unconditionally to the City of Denton in
the amount as determined by the council, as a guarantee of performance if the bid is accepted by
the council; and other pertinent information ordinarily appearing on official bid forms. Should
the council so desire, a prospectus shall be prepared by the City of Denton or by someone em
ployed by the City of Denton, gi'/ing more complete detail on the proposed bond sale. All bonds
shall be sold in accordance with applicable law.
AMENDMENT NO. 15
Shall Section 10.02 of the Charter be amended to read as follows:
Sec. 10.02. Planning and zoning commission.
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(a) There shall be a planning and zoning commission which shall consist of seven (7) real
property taxpayers members, 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 (2) years, provided four (4) members shall
be appointed each odd-numbered year and three (3) members each even-numbered year.
The city manager, mayor and director of community development shall serve as ex offi
cio members of the commission, but shall ha'/e no '/ote.
(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 commis-
sion shall elect its chairman from among its members. Seven (7) members shall serve
without pay and shall adopt such rules and regulations as they deem best governing their
actions, proceedings, deliberations, and the times and places of meetings., subiect to
council review.
(c) If a vacancy occurs in the city planning and zoning commission the council shall appoint
a commissioner to fill such vacancy for the unexpired term.
AMENDMENT NO. 16
Section 10.03 of the Charter shall be amended to read as follows:
Sec. 10.03. Planning and zoning commission: Powers and duties.
(a) In addition to the powers and duties set forth in this charter., + the planning and zoning
commission shall have the powers and duties of a planning and zoning commission under
state law., including without limitation those under Chapters 211 and 212 of the Texas
Local Government Code., as may be amended from time to time., and shall perform such
other powers and duties as may be assigned by the council. The planning and zoning
commISSIon may:
(1) Make, amend, extend and add to the master plan for the physical development of
the city.
(2) Formulate and adopt Recommend to the council regulations governing the plat-
ting or subdividing of land within the city. (The applicable provisions of Chapter
1, Title 28 of the Re'/ised Ci'/il Statutes of the State of Texas, 1925, Chapter 212
of the Texas Local Government Code as now or hereafter amended, are hereby
adopted and made a part of this charter, and shall be controlling on the planning
and zoning commission.)
(3) Draft for the council an official map of the city and recommend approval or dis
approval Make recommendations to the council regarding ef proposed changes iH
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to said the official map of the city; and keep such map up-to-date so as to reflect
any changes in the boundary or the zoning plan of the city.
(4) Make and recommend plans for the clearance and rebuilding of any slum districts
or blighted areas within the city.
(5) Make Recommendations to the council appro'/al or disappro'/al of regarding pro-
posed changes in the zoning plan and ordinance of this city and have all the
power, duty and authority of a zoning commission as provided in "/ernon's Texas
Civil Statutes, 1918, 1^1rticle 1011f, as nO'N or hereafter amended, [\T.T.Co1^1., Lo
cal Government Code ~ 211.007] Chapter 211 of the Texas Local Government
Code., as now or as hereinafter amended.,all of which are hereby adopted as a part
of this charter.
(6) Submit annually to the City Manager, not less than sixty (60) days prior to the be-
ginning of the budget year, a list of recommended general obligation capital im-
provements which in the opinion of the Commission ought to be constructed dur-
ing the forthcoming five (5) year period. (Such list shall be arranged in order of
preference, with recommendations as to which projects should be constructed in
which year, and the City Manager shall forthwith furnish a copy of such recom-
mendations to each member of the Council.)
(7) Promote public interest in and understanding of the master plan and of planning,
zoning, clearance of blighted areas and development of the city.
(8) Meet not less than once each month and keep a public record of its resolutions,
findings and determinations.
(9) Hold such public hearings as it may deem desirable in the public interest and ad-
vise the council upon such matters as the council may request its advice.
(b) For the accomplishment of the foregoing purposes the planning and zoning commission
is hereby empowered to:
(1) Require information which shall be furnished within a reasonable time from the
other departments of the city government in relation to its work.
(2) '.l/ithin its budget appropriation, recommend the employment of city planners and
other consultants for such services as it may require.
(~ ~) Request additional assistance for special survey work of the city manager, who
may at his discretion assign to the planning and zoning commission, employees of
any administrative department or direct such department to make special studies
requested by the commission.
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~(l) In the performance of its functions, enter upon any land and make examinations
and surveys and place and maintain necessary monuments and marks thereon.
~ill Make and recommend plans for the replanning, improvement and redevelopment
of neighborhoods or of any area or district which may be destroyed in whole or in
part or seriously damaged by fire, earthquake, flood or disaster.
AMENDMENT NO. 17
Section 10.05 of the Charter shall be amended to read as follows:
Sec. 10.05. Legal effect of master plan.
Except in circumstances where plat approval is not required or the public improvement is
so small as not to appear on the master plan.,N--rro street, park, or other public way, ground or
space, no public building or structure and no public utility whether publicly or privately owned,
shall be constructed or authorized in the City until and unless the location and extent thereof
shall have been submitted to and approved by the Planning and Zoning Commission; provided
that, in case of disapproval, the Commission shall within thirty (30) days communicate its rea-
sons to the Council, which shall have the power to overrule such disapproval, and, upon such
overruling, the Councilor the appropriate office, department, or agency shall have the power to
proceed.
AMENDMENT NO. 18
Section 10.8 of the Charter shall be amended to read as follows:
Sec. 10.08. Platting or subdivision control.
The planning and zoning commission shall recommend to the council the adoption of
regulations governing the platting or subdividing within the city or within the area under the ex-
traterritorial jurisdiction of the city, and the owner of every such subdivision shall comply with
all of the provisions of Article 974a and 6626, Vernon's Texas Civil Statutes, 1948, [V.T.C.A.,
Local Government Code 9 212.002 et seq. and V.T.C.A., Property Code 9 12.001 et seq.] as now
or hereafter amended. Such regulation may provide for the harmonious development of the city
within the subdivided land with other existing or planned streets and ways or for conformance
with the master plan or official map, for adequate open spaces, spaces for traffic, utilities, recrea-
tion, light and air and for the avoidance of congestion of population. Such regulations may in-
clude requirements as to the extent to which and the manner in which streets and other ways
shall be graded and improved and water, sewer and other utility mains, piping, connections or
other facilities shall be installed as a condition precedent to the approval of a subdivision.
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AMENDMENT NO. 19
Subsection 10.10 (a) of the Charter shall be amended to read:
(a) The city shall have the power to prohibit the erection, construction or use of any building
or structure of any kind within the city without a permit having first been issued, by the
city, for the construction or erection of such building or structure, and without a use and
occupancy certificate having been issued for the use actually made of such premises and
structure and may authorize a fee to be charged for such permit. In pursuance of this au-
thority the council may authorize the inspection of all buildings and structures during the
progress of their construction or thereafter and may require new construction., renovation.,
or reconstruction to comply with all building regulations existing in the city or '~yhich
shall hereafter be passed [ sic].
AMENDMENT NO. 20
Section 10.12 of the Charter shall be amended to read as follows:
Sec. 10.12. Slum clearance and rehabilitation of blighted areas.
The council may, after receiving a recommendation from the planning and zoning com-
mission adopt, modify and carry out plans proposed by the planning and zoning commission for
the clearance of slum districts and blighted areas within the city and, for the accomplishment of
this purpose, may acquire by purchase or condemnation all privately owned lands, buildings and
other real property interests within the district; may establish, locate, relocate, build and improve
the streets and other public open spaces provided for in the plan; may maintain, operate, lease or
sell said buildings or any of them; may sell the land or any part thereof designated for buildings
and private open spaces upon such terms and conditions and subject to such restrictions as to
building uses and open spaces as will substantially carry out and effect the plan.
AMENDMENT NO. 21
Subsection 12.07 (d) of the Charter related to the public utilities board shall be amended to
read as follows:
(d) At its organizational meeting, and annually thereafter as soon as the newly appointed
member (or members) has qualified; the board shall select from its own membership a
chairman, vice-chairman, and secretary. 1^1ny three (3) A maiority of the regularly ap-
pointed members shall constitute a quorum. The board shall determine its own rules and
order of business. The board shall meet at least once each month; all meetings shall be
conducted in accordance with the Texas Open Meetings Act, chapter 551 of the Texas
Government Code, as it may now read or hereafter be amended and all other applicable
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laws and a permanent record of proceedings shall be maintained., except as otherwise
provided by law.
AMENDMENT NO. 22
Subsections 12.08 (a) and (e) related to the powers and duties of the public utilities board
shall be amended to read:
(a) The board shall serve the department of utilities and city council as a consulting., and ad-
visory and supervisory board.
(e) The board shall submit annually to the planning and zoning commission (for incorpora-
tion in its report), not less than one hundred tv/enty (120) days prior to the beginning of
the budget year, a list of recommended capital improvements, which in the opinion of the
board ought to be constructed during the forthcoming five (5) year period. Such list shall
be arranged in order of preference, with recommendations as to which projects should be
constructed in which year.
AMENDMENT NO. 23
Section 13.04 of the Charter shall be amended to read as follows:
Sec. 13.04. Regulation of utilities.
The city council shall have the power and the duty to:
(a) Determine, fix and regulate the charges, fares or rates of all public utilities operating
within the city, provided the council shall not prescribe any rate of compensation which
will yield more than a fair return upon the fair value of the physical property used and
useful in rendering service to the public.
(b) Require such franchise holders who request an increase in rates, charges or fares to reim-
burse the city for reasonable expenses incurred in employing independent rate consultants
to conduct investigations, present evidence and advise the council on such requested in-
crease.
(c) Prescribe reasonable standards of service and quality of products to be furnished by each
utility and prevent unjust discrimination.
(d) Require such extensions of plant and service and such maintenance of plant and fixtures
as may be necessary to provide adequate and efficient service.
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(e) Collect from every public utility operating in the city its fair and just proportion of the
expense of excavating, grading, paving, repaving, constructing, reconstructing, draining,
repairing, maintaining, lighting, sweeping and sprinkling such portions of the alleys,
bridges, culverts, viaducts and other public places and ways of the city as may be occu-
pied or used in whole or in part by such utilities; or compel such public utility to perform,
at its own expense, its just share of such excavating, grading, paving, repaving, construct-
ing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling.
(f) Prescribe the form of accounts which shall be kept by each utility; provided, that if the
utility shall keep its accounts in accordance with the uniform system of accounts for said
utility as prescribed by the National Association of Railroad and Public Utility Commis-
sioners, the Federal Power Commission, the Federal Communications Commission, the
Railroad Commission of Texas, or their respective successors, this shall be deemed suffi-
cient compliance with this paragraph.
(g) Examine or cause to be examined at any time the accounts and other records of any utility
operating within the city for the purpose of ascertaining any fact relating to the business
done by such utility and pertinent to the council's power of regulation.
(h) The council shall provide means and prescribe regulations for independent testing of all
gas, water, light and other public utility meters on complaint of any person who may be
dissatisfied with the readings of the employees of those utilities, whether owned by pri-
vate corporations or by the City of Denton.
(i) Enact and enforce such reasonable regulations and restrictions as may be deemed desir-
able or conducive to the safety, welfare and accommodation of the public.
G) The City of Denton shall have power to prohibit the use of any street, alley, highway,
boulevard or grounds of the city by any telegraph, telephone, electric light, street railway,
interurban railway, gas company or any other character of public utility without first ob-
taining the consent of the governing authorities expressed by ordinance, and upon paying
such compensation as may be prescribed and upon such conditions as may be provided
for by such ordinances, and the City of Denton shall have the power to require all tele-
graph, telephone and electric light companies to place their wires underground.
(k) Require each utility operating in the city to file with the city such reports and other in-
formation pertaining to its operations that are required by its franchise agreement with the
city, this charter, city code, other applicable laws, or that may be required from time to
time by the council.ear of such utility, '~vhich report shall sho'tv:
(1) The actual cost of the plant and property devoted to public use in serving custom
ers in the City of Denton, stating the location and cost of each unit thereof, to
gether '~yith the depreciation and present value of each plant and property.
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(2) The other costs or value claimed for such plant or property, sho'tving '~vhether such
cost or value is arrived at by book costs, purchase costs, appraised value, present
in'/estment '/alue, reproduction cost ne\y[,] less accrued depreciation or some
other described method, if the historical cost is not a'/ailable.
(3) The properties shall be listed in detail sho'tving the intangible and tangible proper
ties, such as lands, machinery, buildings, pipes, poles, circuits, mains, etc., each
treated separately.
(1) If any federal or state regulatory authority has prescribed any method or yardstick
by 'tvhich the property or plant has been valued, such value and the name of such
authority shall be stated 'tvith a reference to the order relied upon.
(5) The amount of any lien or mortgage upon the properties composing such plant; if
the lien or mortgage covers several plants or properties, then the report shall sho'~v
the proportionate value of the plant and property in Denton to all the property
covered by the lien or mortgage and shall state 'Nhether such proportionate values
are based on actual historical costs, book costs, appraised '/alues or other method,
and the report shall further sho\v the comparati'/e number of meters or customers
served by the Denton plant and their aggregate use of ser'/ice in relation to the
'tvhole property covered by the lien or mortgage; like'tvise all other indebtedness
pertaining to such enterprise shall be sho'tvn.
(6) The annual cost of operating such plant or system sho'tving as separate items the
amount paid for salaries and '~Yages, fixed charges, including interest, taxes and
insurance, giving each separately, amount paid for fuel, extensions and repairs,
giving each separately and particularizing the extensions and repairs, the cost of
maintenance, amount paid for damages, identifying each claim or suit, amount
paid for miscellaneous expenses, and, if any machinery or equipment is aban
doned, 'tvorn out or its use discontinued, the same shall be stated, the original cost
and present value thereof shall be given; and the allocation and the method of al
locating cost of the business of such utility in Denton shall be sho'tvn in detail
v/ith a statement of the basis for each such allocation, proration or di'/ision of
costs and expenses.
(7) The report shall shovl the gross earnings of such utility from its operations in
Denton; the cost of producing such earnings, including an itemization of any
o'/er all prorated costs or expenses charged against the utility's operations in
Denton; and the net profits from the operations in Denton.
(8) The report shall also contain any other information requested by resolution of the
council.
(I) Fix appropriate penalties to enforce compliance with all rules and regulations enacted by
the council.
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(m) Give due notice and a fair hearing to persons or corporations to be affected by such rules
and regulations before they shall be adopted.
AMENDMENT NO. 24
Section 14.05 of the Charter shall be amended to read as follows:
Sec. 14.05. Nepotism.
No person shall be appointed to an office or be employed by the City of Denton who is
related to any member of the council within the second degree of affinity or the third degree of
consanguinity, and this shall apply to heads of departments in their respective departments. This
does not apply to a person who was appointed or employed by the city prior to the election or
appointment of the council member.
SECTION 2. The form of the ballot shall be substantially as follows:
PROPOSITION NO. 1 - Annexation: Shall Section 1.03 of the City Charter be amended to
eliminate the publication of the proposed annexation ordinance and to substitute the requirement
of a five-sevenths vote of the city council for the current four-fifths vote of the Council necessary
to annex land outside the city into the city?
YES
NO
PROPOSITION NO.2 - No Expansion of Liability: Shall Subsection 1.06 (f) of the City Char-
ter be amended to remove the word "ordinary" liability to clarify that Section 1.06 of the Charter
shall not be construed to expand any liability of the city?
YES
NO
PROPOSITION NO.3 - City Council Elections: Shall Subsection 3.01 (a) of the City
Charter be amended to provide that council elections will be held on the uniform election day in
May in compliance with the Election Code?
YES
NO
PROPOSITION NO.4 - City Council Members Terms of Office: Shall Subsection 2.01
(c) and Section 3.01 of the City Charter be amended to provide that:
(a) beginning with the council election in 2012 candidates for places five, six and seven
(mayor) will be elected to three-year terms, and each third year thereafter, and beginning with
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council election in 2013 candidates for places one, two, three, and four will be elected to three-
year terms, and each third year thereafter; and
(b) no council member or the mayor may serve more than six consecutive years in the
same place?
PROPOSITION NO.5 - Council Meetings: Shall Subsection 2.05 (a) of the City Charter be
amended to provide that the council shall meet as soon as practicable after each city council elec-
tion and in accordance with applicable law, instead of specifying a precise date, and that special
called council meetings may be either at city hall or other locations accessible to the public, in
contrast to regular meetings, which are required to be at city hall?
YES
NO
PROPOSITION NO.6 - Council Minutes: Shall Section 2.07 of the City Charter be amended to
clarify that minutes of council meetings such as certain executive sessions under the Texas Open
Meeting Act, do not have to be taken and preserved under certain circumstances where author-
ized by law?
YES
NO
PROPOSITION NO.7 - City Auditor: Shall Section 2.08 and Article VI of the City Charter be
amended to provide that a city auditor shall be appointed by and have his or her salary set by the
council, and serve at the pleasure of the council to perform auditing duties that may be assigned
by the councilor the city manager at the direction of council?
YES
NO
PROPOSITION NO.8 - Powers of Council: Shall Section 2.08 of the City Charter be amended
to clarify that the council sets the salaries of its appointees; that the city manager sets the salaries
of all other employees; that the council has the authority to adopt all zoning and land use regula-
tions to the fullest extent allowed by law; and that the council after receiving a recommendation
from the planning and zoning commission may adopt, modify and carry out plans related to slum
clearance, rehabilitation of blighted areas and improvement and redevelopment of areas being
destroyed in whole or in part by a disaster?
YES
NO
PROPOSITION NO.9 - Introduction of Ordinance: Shall Subsection 2.09 (b) of the City Char-
ter be amended to allow the introduction of a city ordinance in electronic form, in addition to
written or printed form?
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YES
NO
PROPOSITION NO. 10 - City Manager and Subordinates: Shall Section 5.03 of the City Char-
ter be amended to clarify that the city manager appoints and removes any employee other than
council appointees, and except as he or she may authorize the head of a department to appoint
and remove subordinates in such department; and be amended to eliminate the requirement that
department heads with six months service are afforded, upon demand a written statement of rea-
sons for removal, and at his or her request a public hearing before the council before removal?
YES
NO
PROPOSITION NO. 11 - City Attorney: Shall Sections 6.01 and 6.02 of the City Charter be
amended to clarify that the city attorney serves at the pleasure of the council and that the city at-
torney may designate an assistant city attorney to act as city attorney for absences not exceeding
three weeks?
YES
NO
PROPOSITION NO. 12 - Budget: Shall Section 8.03 of the City Charter be amended to change
the annual budget submission deadline to match state law and shall Section 8.08 of the Charter
related to amending the budget be deleted and replaced by a provision that allows the budget to
be amended for municipal purposes by the affirmative vote of five council members in accor-
dance with state law?
YES
NO
PROPOSITION NO. 13 - Bond Elections: Shall Subsection 9.02 (a) of the City Charter be
amended to delete the requirement that qualified voters at a general obligation bond election
have to be property taxpayers since such a requirement has been declared unconstitutional by the
US Supreme Court?
YES
NO
PROPOSITION NO. 14 - Sale of Bonds: Shall Section 9.04 of the City Charter related to the
procedural requirements for the sale of bonds be amended by deleting all of the text and in its
place provide that all bonds shall be sold in accordance with applicable law?
YES
NO
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PROPOSITION NO. 15 - Planning and Zoning Commission: Shall Section 10.02 of the City
Charter be amended to; delete the requirement that members of the Planning and Zoning Com-
mission must be real property taxpayers; delete the requirement that the city manager, mayor and
director of community development are ex officio members; and provide that commission rules
and regulations are subject to council review?
YES
NO
PROPOSITION NO. 16 - Planning and Zoning Commission Powers and Duties: Shall Section
10.03 of the City Charter be amended to;
(a) clarify that the Planning and Zoning Commission shall have all of the powers and du-
ties provided by state law;
(b) provide that the commission instead of adopting platting and subdivision regulations,
shall make recommendations to the council regarding such regulations;
(c) delete the requirement that the commission draft the official map of the City and to
provide that the commission shall make recommendations to the council as to proposed changes
to the map;
(d) provide that the commission shall make recommendations to council regarding pro-
posed zoning changes instead of recommending approval or disapproval of such changes;
(e) require the commission's submission to the city manager of recommended capital im-
provements prior to the beginning of the budget year, instead of not less than 60 days prior to the
budget year;
(f) eliminate Subsection 1 0.03 (b) (2) relating to employment of city planners and con-
sultants; and
(g) eliminate the provision that the commission may place and maintain monuments and
marks on land?
YES
NO
PROPOSITION NO. 17 - Legal Effect of Master Plan: Shall Section 10.05 of the City Charter
be amended so that the requirement that no street, park, or other public way, ground or space, no
public building or structure and no public utility shall be constructed or authorized in the city,
unless it is first submitted to the planning and zoning commission, does not apply to circum-
stances where plat approval is not required or the public improvement is so small as not to ap-
pear on the master plan?
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YES
NO
PROPOSITION NO. 18 - Platting and Subdivision Control: Shall Section 10.08 of the City
Charter be amended to provide that the planning and zoning commission shall recommend to the
council the adoption of platting and subdivision regulations in order to conform this provision to
state law?
YES
NO
PROPOSITION NO. 19 - Regulation of Construction: Shall Subsection 10.10 of the City Char-
ter be amended to clarify that the city's authority to regulate the construction and use of build-
ings and structures includes new construction, renovations, and reconstruction?
YES
NO
PROPOSITION NO. 20 - Slum Clearance and Rehabilitation of Blighted Areas: Shall Subsec-
tion 10.12 of the City Charter be amended to provide that the council may adopt, modify and
carry out plans for the clearance of slum districts and blighted areas, after receiving a recom-
mendation from the planning and zoning commission.
YES
NO
PROPOSITION NO. 21 - Public Utilities Board: Shall Sections 12.07 and 12.08 of the City
Charter be amended to provide:
(a) that a majority of members of the Public Utilities Board shall constitute a quorum,
(b) that a permanent record of the board's proceedings shall be maintained, except as oth-
erwise provided by law,
(c) clarification that the board serves the council, in addition to the department of utilities,
(d) that the board is a consulting and advisory board and not supervisory, and
(e) that the board's annual recommended capital improvements be submitted to the plan-
ning and zoning commission prior to the beginning of the budget year?
YES
NO
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PROPOSITION NO. 22 - Regulation of Franchised Utilities: Shall Section 13.04 of the City
Charter be amended to revise Subsection 13.04 (k) in its entirety to require each utility operating
in the city to file with the city such reports and other information pertaining to its operations that
are required by its franchise agreement with the city, this charter, city code, other applicable
laws, or that may be required from time to time by the council?
YES
NO
PROPOSITION NO. 23 - Nepotism: Shall Section 14.05 of the City Charter be amended to
clarify that the prohibition against any person being appointed or employed by the city who is
close relative to a council member does not apply to a person who was appointed or employed by
the city prior to the appointment or election of the council member?
YES
NO
SECTION 3. The election and early voting shall be conducted at the time and in the
manner specified in and in accordance with the agreement between the County and the City ap-
proved by Ordinance No. , with the general election being held on November 7,
2006. Said ordinance and agreement are incorporated herein by reference.
SECTION 4. The election shall be held under the provisions of the Charter of the City
of Denton, the Constitution and the laws of the State of Texas, the Voting Rights Act of 1965, as
amended, insofar as they may be applicable.
SECTION 5. This ordinance shall constitute the order and may serve as notice of the
election and shall be published and noticed in accordance with all applicable laws.
SECTION 6. The caption of this ordinance shall be published in a newspaper of general
circulation in the City of Denton, in compliance with the provisions of the law. Further, this or-
dinance may be published in pamphlet form and shall be admissible in such form in any court, as
provided by law.
SECTION 7. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstance is held to be unconstitu-
tional, such holding shall not affect the validity of the remaining portions of this ordinance, the
City Council of the City of Denton hereby declares that they would have enacted such remaining
portions despite any such invalidity.
SECTION 8. The City Council has found and determined that the meeting at which this
ordinance is considered is open to the public and that notice thereof was given in accordance
with the provisions of the Texas open meetings law, Tex. Gov't Code ch. 551, as amended, and
that a quorum of the City Council was present.
Page 22
S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-0ption 3.doc
SECTION 9. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
..... 0 .. :. . - . .0-' 0 -
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Page 23
S :\OUT Documents\Miscellaneous\06\082806 Election Contract.doc
AGENDAINFORMATIONSBEET
AGENDA DATE: August 28, 2006
DEPARTMENT: Legal Department
CM/DCM/ACM: Ed Snyder, City Attorney
SUBJECT: Consider adoption of an ordinance authorizing a contract for election services with
Denton County, Texas, performed by and through its Election Administrator to conduct a
November 7, 2006 election concerning amendments to the City of Denton Charter; validating
and ratifying certain services performed; authorizing the expenditure of funds therefor; and
providing an effective date~
DISCUSSION: In order for the citizens to vote on the Charter amendments this year, we will be
having the election in conjunction with Denton County. Denton County will determine the
polling places as well as the early voting times and places. I have attached the early voting
information and the regular election polling locations~
OPTIONS:
The City Council may approve the ordinance as proposed, decline to approve the ordinance, or
request that the proposed contract be modified.
RECOMMENDATION:
The City Attorney recommends approval
FISCAL INFORMATION: The total cost for the election inside the City of Denton is
estimated at $32,208.22~
Respectfully submitted,
Ed Snyder
City Attorney
Attachments:
1. Denton County Elections Contract Worksheet
2. Denton County Early Voting Location Dates and Times~
3.. Denton County General Election Precincts, Polling Locations and Judges.
, .1:
S :\Our Documents\Ordinances\06\ll 0706 Election Contract Ord.doc
ORDINANCE NO.
AN ORDINANCE AUTHORIZING A CONTRACT FOR ELECTION SERVICES WITH
DENTON COUNTY" TEXAS, PERFORMED BY AND THROUGH ITS ELE.CTION
ADMINISTRATOR TO CONDUCT A .NOVE:rvmER 7, 2006 ELECTION CONCERNING
AMEND1ffiNTS TO THE CITY OF DENTON CHARTER; VALIDATING AND
RATIFYING CERTAIN SERVICES PERFORMED; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Tex~ Elec~ Code 9931~092 and 31~093 allow a County elections officer to
contract with the City of Denton to perform election services, as provided by subchapter D of the
Texas E~ection Code, upon the request of the City of Denton for the Elections Administrator to
perform those services in accordance with Tex~ Elec~ Code 931.093; and
- WHEREAS, on August 28, 2006, the City Council passed Ordinance No~
calling an election on November 7, 2006; and
WHEREAS, the City Council deems it in the public interest to enter into a Contract for
Election Services with Don Alexander, the Elections Administrator of Denton COlUlty to perform
various election functions and services for the City in holding this election at an estimated cost of
$32,209~22 and in accordance with Tex~ Elec. Code Ch~ 31; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 ~ The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein~
SECTION 2.. The City Council hereby requests the Elections Administrator of Denton
County to perform the election services set forth in the attached Contract for Election Services
(the "Contract"), which is made a part of this Ordinance as if written word for word herein, to
furnish election services for the November 7,2006 election..
SECTION 3 ~ The Mayor, or his designee is hereby authorized to sign the Contract on
behalf of the City pursuant to the authority of Tex. Elec~ Code 9931..091, 31 ~092, and 31 ~093 for
the County to perform certain election services and to provide certain equipment for the holding
of the November 7, 2006 election.. All previous actions taken by Don Alexander, the City
Secretary, the City Manager, or any other election officials under this Contract or concerning the
November 7, 2006 election are hereby ratified and approved~
SECTION 4~ The City Manager, or his designee, is authorized to make expenditures and
to exercise all rights and duties of the City of Denton under the Contract.
;
SECTION 4~ This ordinance shall become effective immediately upon its passage and
approva1~
S :\Our Documents\Ordinances\06\11 0706 Election Contract Ord.doc .
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M~ SNYDE ... CITY ATTORNEY
BY:
Page 2
day of
, 2006.
PERRY R. McNEILL, MAYOR
S :\Our Documents\Contracts\06\Denton Election Contract N ov 2006-2 .doc
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
II
CONTRACT FOR
ELECTION SERVICES
BY THE TERMS OF THIS CONTRACT made and entered into by and between the City
of Denton, as duly authorized by the City Council hereinafter referred to as the City, serving by and
through its Mayor, as duly authorized by the City, and DENTON COUNTY, TEXAS, acting by and
through its Elections Administrator hereinafter referred to as the Contracting Officer, pursuant to the
authority of Section 31.091, of the Texas Election Code, agree to the following particulars in regard
to coordination, supervision and rurming of the City of Denton, November 7, 2006, Charter
Amendment Election within the city limits of Denton, in Denton COWlty.
THIS AGREEMENT is entered into in consideration of the mutual covenants and promises
hereinafter set out~ IT IS AGREED AS FOLLOWS:
I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer
shall be responsible for performing the following duties and shall furnish the following services and
equipment:
A. The Contracting Officer shall arrange for appointment, notification (including writ of
election), training and compensation of all presidingjudges, alternate judges, the judge of the
Central Counting Station ifrequired and judge of the Early Voting Balloting CounciL
a. The Contracting Officer shall be responsible for notification of each election
day and early voting presiding judge and alternate judge of his or her appointment..
The presiding election judge of each polling place will use his/her discretion to
determine when additional manpower is needed during peak voting hours. The
Contracting Officer will determine the number of clerks to work in the Central
Counting Station and the number of clerks to work on the early voting ballot board.
The Contracting Officer with the approval of the City shall utilize election judges
appointed by the Denton County Commissioners Court.
b. The Contracting Officer shall compensate each election judge and worker.
Each judge and worker shall receive compensation per hour for services rendered
based on rates set by Denton County Commissioners Court~
c. Election Judges shall attend the Contracting Officer's school of instruction
(Elections Seminar) to be held Saturday, November 4,2006, in the Denton County
Administration Building, 401 West Hickory, Denton 76201 or other location to be
announced at 9:00 a.m.
d. Election judges shall be responsible for picking up and returning election
supplies. Compensation for this pickup and return will be $25~OO.
S:\Our Documents\Contracts\06\Denton Election Contract Nav 2006-2.doc
B. The Contracting Officer shall procure, prepare, and distribute ballots, election kits
and election supplies.
a. The Contracting Officer shall secure election kits that include the legal
documentation required to hold an election and all supplies including locks, pens,
magic markers, etc.
b. The Contracting Officer shall secure all tables, chairs, duplication ballots, and
legal documentation required to'run to the central counting station and/or early voting
ballot board.
c. The Contracting Officer shall provide all lists of registered voters required for
use on election day and for the early voting period required by law. The election day
list of registered voters shall be arranged in alphabetical order by polling place in lieu
of alphabetic by each precinct in each polling place. The Contracting Officer may
use the computer database for the list of registered voters during early voting.
d. The Contracting Officer shall procure and arrange for the distribution of all
election equipment and supplies required to hold an election.
1. Equipment includes the rental of voting machines, ballot boxes,
transfer cases, voting signs, and directional poles and tote boxes.
2. Supplies include ballots, sample ballots, early voting mail ballots,
sample ballots, pens, tape, markers, etc.
c. The Elections Administrator of Denton County, Texas, shall be appointed the Early
Voting Clerk by the City of Denton for the election in Denton County.
a. The Contracting Officer shall supervise and conduct Early Voting by mail and
in person and shall secure personnel to serve as Early Voting Clerks..
b. Early Voting by personal appearance for the City of Denton November 7,
2006, Election in Denton County shall be conducted on weekdays beginning
Monday, October 23, 2006, arid continuing through Friday, November 3, 2006.
Times are as follows: October 2.3 through October 27,2006, 8:00 a.m. to 5:00 p~m.;
October 28, and October 30 through November 3, 7 :00 a.m. to 7:00 p.m. and October
29, 1:00 p.m~ to 6:00 p.m. Locations and times of voting by personal appearance
shall be as per Denton County Elections Memo attached as Armex B.
c. All applications for an Early Voting mail ballot shall be received and
processed by the Denton County Elections Administration Office, P.O. Box 1720,
Denton, Texas 76202.
· 2 -
s: \Our Documenm\Contracts\06\Denton Election Contract N ov 2006--2 .doc
1. Applications for mail ballots erroneously mailed to the City of Denton
shall immediately be faxed to the Contracting Officer for timely processing~
The original application. shall then be forwarded to the Contracting Officer
for proper retention.
2. All Federal Post Card applications (FPCA) will be sent a mail ballot
No postage is required.
d. All Early Voting ballots (those cast by mail and those cast by personal
appearance) shall be prepared. for count by the Early Voting Ballot Board in
accordance with Section 87.000 of the Texas Election Code~ Thepresidingjudge of
this Board shall be as appointed by Denton County Commissions Court.. The Board
shall meet for preparation of the early voting ballots on Friday, November 3,2005, at
9:00 A.M.
D. The Contracting Officer shall arrange for the use of all Election Day polling places.
The City of Denton shall assume the responsibility of remitting 500/0 of the cost of all
employee services required to provide access, provide security, or provide custodial services
for the early voting and election day polling locations used that are located within the City of
Denton, Denton County Texas.
E~ The Contracting Officer shall be responsible for tabulation of the voted ballots in
accordance with Section 127.000 of the Election Code and of this agreement Counting
Station Manager shall be the Elections Administrator of Denton County, Texas. Central
Count Judge shall be as appointed by Denton County Commissioners Court The Tabulation
Supervisor and Tabulation Operator shall be provided by the Denton County Elections
Administration Office and paid as a contract expense.
a. The tabulation supervisor shall prepare, test and run the county's tabulation
system in accordance with statutory requirements and county policies, under the
auspices of the Contracting Officer.
b. The Public Logic and Accuracy Test of the electronic voting system shall be
conducted on Tuesday, September 19, 2006*, at 10:00 a.m. by the Contracting
Officer. (This date is subject to change based on receipt of jurisdiction ballot
information and programming~ If date is changed, you will be notified at least 48
hours prior to test)
c. Election night reports will be available to City at the Elections Office on
election night.
~ 3 -
S :\Our Documen ts\Contracts\06\Denton Election Contract N ov 2006- 2.doc
d~ The Contracting Officer shall prepare the unofficial canvass report after all
precincts have been counted, and will provide a copy of the unofficial canvass to the
City as soon as possible after all returns have been tallied.
e~ The Contracting Officer shall be appointed the custodian of the voted ballots
and shall retain all election material for a period of 22 months~
1. Pending no litigation and as prescribed by law, the voted and unused
ballots shall be shredded or recycled 22 months after the election..
2. The City can obtain the list of registered voters from the Elections
Administration Office during this retention period. Pending no litigation and
if the City does not request the lists, the Contracting Officer shall destroy
them 22 months after the election.
f~ The Contracting Officer shall conduct a partial manual COlUlt as prescribed by
Section 127 ~20 1 of the Texas Election Code and submit a written report to the City in
a timely manner. The Secretary of State may waive this requirement If applicable, a
written report shall be submitted to the Secretary of State as required by Section
127..201(e) of the aforementioned code~
II. Duties and Services of the City ~ The City shall assume the following responsibilities:
A.. The City shall prepare the election orders, resolutions, notices, justice department
submissions, official canvass and other pertinent documents for adoption by the appropriate
office or body~
a~ The Contracting Officer 'Shall publish and post the Notice of the Public Logic
and Accuracy Test of the electronic voting system and one press release. The
Contracting Officer shall also prepare a certification of tabulation and an unofficial
canvass reports that will assist the City with the official canvass..
b. The City assumes the responsibility of posting all notices and likewise posting
the schedules for Early Voting and Election Day~
B~ The City shall provide the Contracting Officer with the ballot wording and Spanish
interpretation..
a~ The City shall deliver to the Contracting Officer as soon as possible, but no
later than noon Tuesday, September 5, 2006, the official wording for the City's
November 7,2006, Charter Election.
b~ The City shall approve the "blue line" ballot format prior to the final printing.
~4-
S :\Our Documents\Contracts\06\Denton Election Contract Nov 2006-2.doc
c. The City shall post the publication of election notice by the proper methods with the
proper media.
D. The City shall prepare and submit to the U.S. Department of Justice lUlder the F ederaI
V oting Rights act of 1965, any required submissions on voting changes.
E. The City shall compensate the Contracting Officer for any additional election costs
incurred in the process of running this election or for a re-count this election may require~
F~ The City shall submit with this signed contract a deposit of 90% of the estimated
election cost. The contract will not be accepted without this deposit
G. The City shall pay a prorated cost of conducting the said election, plus the 10%
administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from
the date of final billing.
III. Cost of Services. Costs of services~will be prorated for ballots based on City of Denton
precincts' voting.. The City of Denton will reimburse 500/0 of ballot printing costs. Costs of labor and
election supplies will be split 50/50 with Denton County or other calculated rate if additional
jurisdictions participate in the Denton city area of Denton County. See Annex A attached. The
City's estimate is 50% of $64,416.44 or $32,208~22, with a deposit of$28,987~40~
IV. General Provisions.
A. Nothing contained in this contract shall authorize or permit a change in the officer
with whom or the place at which any document or record relating to the City's November 7,
2006, Special Election is to be filed or the place at which any function is to be carried out, or
any nontransferable functions specified under Section 31.096 of the Texas Election Code.
B~ Upon request, the Contracting Officer will provide copies of all invoices and other
charges received in the process of running said election for the City~
c~ If the City cancels their election pursuant to Section 2.053 of the Texas Election
Code, the Contracting Officer shall be:paid a contract preparation fee of $75.. An entity
canceling an election will not be liabl~ for any further costs incurred by the Contracting
Officer in conducting the November 7, 2006, Special Election.
D. The Contracting Officer shall file copies of this contract with the County Judge and
the County Auditor of Denton County, Texas~
~ 5 -
S :\Our Documents\Contracts\06\Denton Election Contract Nov 2006-2.doc
WITNESS BY MY HAND THIS THE
WITNESS BY MY HAND THIS THE
DAY OF
DENTON COUNTY, TEXAS
By:
DON ALEXANDER
Denton County Elections Administrator
Denton County, Texas
DAY OF
CITY OF DENTON, TEXAS
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. S , CI Y ATTORNEY
BY:
- 6-
, 2006.
, 2006.
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Annex B
Denton County Elections Administration
November?:, 2006 General Election
Early Voting Locations Dates and Times
Monday - Friday
Saturday
Sunday
Monday - Friday
October 23 - 27
October 28
October 29
October 30 - November 3
8am - 5pm
7am - 7pm
Ipm-6pm
7am - 7pm
Aubrev Communitv Center
226 Countryside, Aubrey
Lewisville Municipal Annex
1197 W. Main Street, Lewisville
Justin Municioal Buildinl!
415 N. College, Justin
CarroUton Public Librarv
4220 N. Josey, Carrollton
Sandy Jacobs Government Center
1029 Rosemeade Pkwy., Carrollton
Joseph A. Carroll Admin. BuDdine:
401 w~ Hickory, Denton
The Colony Government Center
6301 Main, The Colony
Denton City HaD
215 E. McKinney, Denton
Hil!h lRnd Villa2e City HaD
1000 Highland Village Rd., HigWand Village
Lake DaUas City Hall
212 Main Street, Lake Dallas
Flower Mound Police and Court BuDdine
4150 Kirkpatrick, Flower Mound
Frankford Town Houses
18110 Marsh Ln., Dallas
Roanoke Community Center
312 S. Walnut, Roanoke
The followine early vanne: sites will ONLY be open the dates and times listed:
Sane:er First Baotist Chureh
708 S. 5th St., Sanger
October 23 - 24
October 25
October 26 - 27
October 30 - 31
November 1
November 2 - 3
8:00a - 5:00p
8:00a - 4:00p
8:00a - 5:00p
7:00a - 7:00p
7:00a - 4:00p
7:00a -7:0Op
Trouhv Club MUD
100 Municipal Drive, Trophy Club
October 28
November 2 - 3
7:00a - 7:00p
7:00a - 7:00p
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d:
AGENDA INFORMATION SHEET
AGENDA DATE:
August 28, 2006
DEP ARTMENT:
Utilities
Howard Marti~
ACM:
SUBJECT
Consider approval of an ordinance of the City of Denton abandoning, vacating and rescinding the
0.008 acre and 0.030 acre street right-of-way dedication offered to the City of Denton by the Final Plat
of the Nelson Addition, filed in Cabinet N, Page 399, of the Plat Records of Denton County, Texas;
and providing an effective date.
BACKGROUND
The proprietor of the Greenhouse Restaurant, Ken Currin, who is also representing the interests of the
property owner of Nelson Addition, Martha Len Nelson, has petitioned for the abandonment of those
street right-of-way dedication tracts that were exacted during the initial platting activity associated
with the onset of the restaurant in the Fall of 1997. Mr. Currin desires to expand the capacity of his
restaurant by way of a patio dining addition along the southern wall of his existing building and wishes
to utilize the subject right-of-way tracts to that end.
Initial engagement of staff by Mr. Currin, as to his restaurant addition plans, yielded several matters
for consideration. Specific to that dialogue were issues concerning building setback lines, potential
street right-of-way utilization for the proposed patio improvements, and the DME - Electric Service
Standards in regard to the existing overhead electric lines situated along the northern boundary of
Congress Street. The building set-back line issue was thought to have been addressed through
amending plat activity in May 2006. It was subsequently discovered that the area Mr. Currin had
contemplated to expand into was encumbered with a prior dedication of street right-of-way (1997).
Staff met with Mr. Currin on several occasions to discuss what options were available to accommodate
his plans, in balance with the public's interests and meet code requirements. DME provided Mr.
Currin with three (3) patio development options that would meet their clearance requirements. If the
subject right-of-way abandonment is approved, then a subsequent amending plat can be completed to
make the restaurant tract whole and the building line setback removal of May 2006 can be ratified by
that platting activity. Mr. Currin understands that an amending plat will be required to recapture the
right-of-way tracts into Lot 1 and was agreeable to that necessity, as a prerequisite for a building
permit.
Staff performs an analysis on requests for right-of-way and easement abandonment as follows:
· Is the property tract requested for abandonment considered "excess right-of-way"?
· Does the property tract requested for abandonment have a continued public use?
· Is it in the best interest of the general public to abandon the government's rights in the subject
abandonment tract?
· Would the granting of this request establish a precedent for right-of-way abandonment for
future requests?
Staff findings on this analysis are as follows:
1. The right-of-way tract requested fits the criteria of excess right-of-way. Excess right-of-way is
defined as: Property acquired or used by the City for right-of-way and subsequently declared
excess (not needed for the project, road or streetscape). The subject right-of-way tracts have
not had any public improvements placed within them and the given the nature of the
development along the balance of Congress Street in that area, the likelihood of a future road
widening project seems remote.
2. There is no continued public use. No public facilities have been placed in these tracts since
dedication in 1997 and none planned.
3. Abandonment is in the public interest because there is no reasonable probability that there will
be a public need for these tracts in the future. When Mr. L.A. Nelson originally platted this
property in 1997, he followed the code in respect to street dedication requirements of that time,
without challenge. The issue of that exaction is a component of the abandonment request at
hand, and in this instance, staff believes it is prudent to rescind the right-of-way conveyance
offer of 1997, tantamount to a retroactive variance.
4. This abandonment would not set a precedent because the above three standards have been met.
OPTIONS
1. Approve the ordinance, or
2. Denial, or
3. Table for future consideration
RECOMMENDATION
Staff recommends approval of the ordinance.
ESTIMATED PROJECT SCHEDULE
Fall 2006
PRIOR ACTION/REVIEW
Development Review Committee approval August 2006
FISCAL INFORMATION
Application Fee $100.00
Processing Fee $750.00
EXHIBITS
1. Vicinity map
2. Petitioner Request Letter
3. Draft Ordinance
2
Respectfully submitted:
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For: Jim Coulter, Director
Utilities Department
Prepared by:
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Paul Williamson
Real Estate Manager
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S :\OUT Documents\Ordinances\06\N elson Addition - ROW Abandonment Ordinance_draft by PHW 8-23-2006. DOC
ORDINANCE NO.
AN ORDINANCE BY THE CITY OF DENTON ABANDONING, VACATING AND
RESCINDING THE 0.008 ACRE AND 0.030 ACRE STREET RIGHT-OF-WAY
DEDICATION OFFERED TO THE CITY OF DENTON BY THE FINAL PLAT OF THE
NELSON ADDITION, FILED IN CABINET N, PAGE 399, OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ken Currin, representing the interests Martha Len Nelson, owner of the
0.688 acre tract known as Lot 1, Block 1, Amending Final Plat of the Nelson Addition, filed in
Cabinet X, Page 137 of the Plat Records of Denton County, Texas, has made a request to the
City Council of the City of Denton, Texas to abandon its interests in those O~008 acre and 0.030
acre dedication tracts shown on the original Final Plat of the Nelson Addition, filed in Cabinet N,
Page 399, Plat Records of Denton County, Texas (the "Street Right-of-Way Dedication"); and
WHEREAS, the owner's offer to dedicate the Street Right-of-Way Dedication was never
accepted by the City either formally or by usage; and
WHEREAS, the City of Denton Development Review Committee has reviewed the
applicant's request for abandonment and has determined that the Street Right-of-Way area is not
needed for future street purposes; and
WHEREAS, the Street Right-of-Way to be abandoned are the O~008 acre and O~030 acre
dedication tracts shown on the original Final Plat of the Nelson Addition, filed in Cabinet N,
Page 399, Plat Records of Denton County, Texas, a copy of which is attached hereto as Exhibit
"A" and made a part hereofby reference; and '
WHEREAS, the City Council hereby finds and determines that the Street Right-of-Way
area is not needed for street purposes and it is in the public interest to abandon the right-of-way
and the City's interests therein to the underlying fee owner, Martha Len Nelson ("Owner"); and
WHEREAS, the City Council hereby finds and determines that upon subsequent
Amending Plat or Replat of the Nelson Addition, in respect to recapture of the aforementioned
Street Right-of- Way Dedication into the confines of Lot 1, a variance to the requirements of
Section 35~20 of the Denton Development Code and the Transportation Criteria manual
concerning right-of-way dedication and perim~ter paving requirements is hereby granted; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance are
incorporated herein by reference~ The Street Right-of- W ay is hereby permanently abandoned
with all of the City's right, title and interests being quit claimed to the Owner~ A certified copy of
this ordinance may be recorded in the Real Property Records of Denton County, Texas to
evidence this abandomnent and quit claim~
Exhibit 3
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER CITY ATTORNEY
BY:
Page 2
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