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Home My WebLink AboutNovember 15, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL November 15,2006 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Meeting on Wednesday, November 15,2006 at 8:30 a.m. in the City Manager's Conference Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Consider adoption of an ordinance canvassing the returns and declaring the results of the municipal election to amend the city charter of the City of Denton on November 7,2006; entering an order in the records of the municipality declaring that the charter amendments are adopted; 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. 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- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. THIS PAGE INTENTIONALLY LEFT BLANK AGENDA INFORMATION SHEET AGENDA DATE: November 15,2006 DEP ARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL ELECTION TO AMEND THE CITY CHARTER OF THE CITY OF DENTON ON NOVEMBER 7,2006; ENTERING AN ORDER IN THE RECORDS OF THE MUNICIPALITY DECLARING THAT THE CHARTER AMENDMENTS ARE ADOPTED; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The City Council ordered an election on August 28, 2006 for the purpose of submitting Charter amendment propositions to the voters. This ordinance formally canvasses the results of the election of November 7, 2006. The ordinance is marked "draft" as the Denton County Elections Administrator will not process provisional ballots until Monday. At that time, some of the vote totals may change if any of the provisional ballots are qualified. Provisional ballots are used for a variety of reasons but the main reason is for those individuals who are not on the list of registered voters but who claim to be properly registered and eligible to vote. No later than the third business day after the election, the Voter Registrar reviews the provisional ballots to determine the voter's registration status. If qualified, those ballots are then included in the vote totals. Respectfully submitted: Jennifer Walters City Secretary ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL ELECTION TO AMEND THE CITY CHARTER OF THE CITY OF DENTON ON NOVEMBER 7, 2006; ENTERING AN ORDER IN THE RECORDS OF THE MUNICIPALITY DECLARING THAT THE CHARTER AMENDMENTS ARE ADOPTED; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council finds and declares that the November 7,2006 election to amend the City Charter was duly ordered for the purpose of submitting 22 propositions to the citizens of the City for amendments to the City Charter; that proper notice of this election was duly given and election officials appointed; and that the election was duly held and the returns of the election officials have been delivered to the Council, all in accordance with the laws of the State of Texas and the Charter and ordinances of the City of Denton. SECTION 2. The official returns of the election officials having been opened, examined, and canvassed, and the Council hereby finds and declares that 16,938 ballots were cast at the election, and that the votes cast for each proposition on the ballot for the City Charter election were as follows: TOTAL EARLY VOTES CAST: 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- 3,149 No - 3,487 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 - 3,549 No - 2,872 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 - 5,418 No - 1,251 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 - 4,357 No - 2,287 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 - 2,287 No - 4,325 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 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 - 3,963 No - 2,646 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 - 3,527 No - 3,083 Page 2 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 - 4,931 No - 1,734 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 - 3,542 No - 2,976 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 - 4,534 No - 2,077 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 be amended for municipal purposes by the affirmative vote of five council members in accor- dance with state law? Yes - 4,506 No - 2,002 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 - 4,225 No - 2,394 Page 3 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- 4,391 No - 2,064 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 - 3,210 No - 3,376 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; (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- 3,519 No - 2,784 Page 4 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- 3,947 No - 2,524 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 - 4,650 No - 1,714 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 - 4,094 No - 2,391 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 - 4,268 No - 2,374 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 Page 5 (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- 4,751 No - 1,681 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 - 4,793 No - 1,625 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- 4,462 No- 2,189 TOTAL REGULAR VOTES CAST: Proposition No.1 Yes- 3,220 No- 3,110 Proposition No.2 Yes- 3,359 No- 2,697 Proposition No.3 Yes- 5,464 No- 940 Proposition No.4 Yes- 4,436 No- 1,907 Proposition No.5 Yes- 2,300 No- 3,993 Proposition No.6 Yes- 3,927 No- 2,367 Proposition No.7 Yes- 3,355 No- 2,931 Page 6 Proposition No.8 Yes- 5,082 No- 1,318 Proposition No.9 Yes- 3,568 No- 2,567 Proposition No.1 0 Yes- 4,437 No- 1,801 Proposition No. 11 Yes- 4,428 No- 1,684 Proposition No. 12 Yes- 4,218 No- 2,070 Proposition No. 13 Yes- 4,362 No- 1,695 Proposition No. 14 Yes- 3,372 No- 2,849 Proposition No. 15 Yes- 3,421 No- 2,434 Proposition No. 16 Yes- 3,964 No- 2,132 Proposition No. 17 Yes- 4,512 No- 1,415 Proposition No. 18 Yes- 3,892 No- 2,258 Proposition No. 19 Yes- 4,040 No- 2,265 Proposition No. 20 Yes- 4,567 No- 1,388 Proposition No. 21 Yes- 4,584 No- 1,412 Proposition No. 22 Yes- 4,431 No- 1,873 Page 7 TOTAL VOTES CAST: Proposition No.1 Yes- 6,369 No- 6,597 Proposition No.2 Yes- 6,908 No- 5,569 Proposition No.3 Yes - 10,882 No- 2,191 Proposition No.4 Yes- 8,793 No- 4,194 Proposition No.5 Yes- 4,587 No- 8,318 Proposition No.6 Yes- 7,890 No- 5,013 Proposition No.7 Yes- 6,882 No- 6,014 Proposition No.8 Yes - 10,013 No- 3,052 Proposition No.9 Yes- 7,110 No- 5,543 Proposition No.1 0 Yes- 8,971 No- 3,878 Proposition No. 11 Yes- 8,934 No- 3,686 Proposition No. 12 Yes- 8,443 No- 4,464 Proposition No. 13 Yes- 8,753 No- 3,759 Proposition No. 14 Yes- 6,582 No- 6,225 Proposition No. 15 Yes- 6,940 No- 5,218 Page 8 Proposition No. 16 Yes- 7,911 No- 4,656 Proposition No. 17 Yes- 9,162 No- 3,129 Proposition No. 18 Yes- 7,986 No- 4,649 Proposition No. 19 Yes- 8,308 No- 4,639 Proposition No. 20 Yes- 9,318 No- 3,069 Proposition No. 21 Yes- 9,377 No- 3,037 Proposition No. 22 Yes- 8,893 No- 4,062 SECTION 3. The City Council finds and declares that: Proposition Nos. 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21, and 22 were passed and the City Charter is hereby amended in accordance with these Propositions, and that Proposition Nos. 1 and 5 were defeated. SECTION 4. In accordance with Tex. Loc. Gov't Code S9.005, this ordinance shall con- stitute an order that Proposition Nos. 2, 3,4,6,7,8,9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20, 21, and 22, and all the amendments therein referenced being Amendment Nos. 2, 3, 5, 6, 7, 8,9, 10,11,12,13,14,15,16,17,18,19,20,21,22, and 23 set forth in Section 1 ofa conformed ver- sion of Ordinance No. 2006-232, showing all amendments, which is attached hereto and made a part of this ordinance for all purposes, are adopted and have been approved by a majority of the qualified voters of the City of Denton who voted at the election to consider the propositions to amend the City Charter, and that Amendment Nos. 1 and 4 in Section 1 of said ordinance were not adopted by the majority of the qualified voters. The City Secretary is hereby directed to en- ter a full and correct copy of this ordinance and the attached Ordinance 2006-232 into the official minutes of this meeting and it shall become an official record of the City of Denton. SECTION 5. The City Secretary is hereby directed to send to the Secretary of State certi- fied copies of the attached Ordinance Nos. 2006-232 and 2006-297, along with a certified copy of this ordinance canvassing this election and certified copies of the amended Charter, one show- ing the amendments by showing the additional language as underlined and with deleted language as strike outs, and one with deleted language removed and new language in normal typeface. The City Secretary is hereby directed to record in the City Secretary's office the Charter amend- ments adopted by the voters of the City, and to provide a conformed version of the Charter with Page 9 the amendments to be available to all members of the public in accordance with Tex. Loc. Gov't Code S9.008. SECTION 6. 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 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 7. 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: S:\Our Documents\Ordinances\06\canvass charter.do Page 10 ns (J E o c: :) w > i= 5 <(~ ...J (.) :)~ ::EW :) ns o m z c: o Q) ....C) Zu)'ll:t wg'O eN u. L. o~ >- E .... ~ o 0 z z o -en ""z 00 w_ ...JI- WO ...JW <(...J o::W w>- zl- WZ e>5 (DO Oz ~o I- Z W C u) o o N I'- o L. Q) .c E Q) > o z :E <C co lot) en o CD o o N en e ~ ~ 0'0' 00 ~~ 00 00 "r"'"" "r"'"" "r"'"" o)v "r"'"" l+- I+- 0 o"r"'"" "r"'""v 0) 0') "r"'"" C 0') :.;::; "~ 0 t:: 0.. o Q) 0..0:: ~2 w g o "0 "B ~ ~o... 0...0 "C ]2 o G) C') ns a. 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U) co U ~ 0 >- z ORDINANCE NO. d 00 fj - ~3;< 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 REHABILT- T A TION 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 ] 999~ 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 ~9.004, 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 aoplicable state law~ Upon the introdMction of any such ordinanco'~ to the city council, such ordinance shall be pub lished one time in the official ns'}{spaper of tho Cit), of Denton. ~^...mondrnents ma)' later be incor S:\Our Documents\Ordinanccs\06\2006 Charter Amendments-8-28-06-0ption I.doc porated into the proposed ordinanco b)~ a ?ote of not less than fOMf fifths (4/5) of the membership of the city council and publication one time in the official nS'y",rspapSf of the City of Denton. The proposed ordinance, or any amendment thereof shall not thereafter be finally acted upon until at least thirty (30) dU)fS after the publication thereof; and upon the final passago of any such ordi nance, or any amendment theroto, tho boundary limits of the city shall thereafter bo ar:; fixed thersb)fA 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 c i ti zens A 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 ordinar)~ 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) Tuosda)~ in .&^:l.pril, or aAs soon theroaftor 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. ~^..ll ffi0etint;s of the council shall be held at the city hall unless the council shall b)~ ordinanco or rosolution designate anothor 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 r4les of procedure and order of business~ Exceot as may otherwise be provided bv 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 p~rmanent record open to the public for inspection~ Page 2 S :\Our Documents\Ordinances\06\2006 Charter Amendmcnts-8-28-06-0ption 1.doc 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 citYA (d) Adopt the budget of the city. (e) Fix the salary of the city manager'l city auditor" city attornev'l and the municipal court iudge and, in cooperation 't---/ith 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 citYA (i) Adopt and modify the zoning plan, including any and all zoning and land use regulations to the fullest extent allowed bv law ~T"'/hich may regulate and fix tho height and numbor of stories of buildings and other ~tructur8S, the sizo of yards and courts, the dsnsit)7 of popu latioR and the location and use of buildings for trade, industry, business, residonce or other purposes. (j) 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. (1) After receiving a recommendation from the planning commission A-adopt, modify and carry out plans proposed by the plann~nb commission for the clearance of slum districts and rehabilitation of blighted areas, and for the replanning, improvement and redevelop- Page 3 S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-0Cl-Option 1.doc 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 su~division 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 sel f-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 writtenJ. er 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 tern) 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 Hi=s+ ~aturday uniform election day for municipal elec- tions in May or on an)' other uniform election day for municipal elections established by the Election Code. The Council may by resolution or ordinance order special elections I Page 4 S:\OUf Documents\Ordinances\06\1006 Charter ^mendments-8-28~06-0ption 1.doc 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 readior 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 executi ve 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, v/hen necessary for the good of the servic0, remove any officer or employee of the city, except as othetwise 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 tho romo-c-/al of an officor or th0 head of a department after six months' service, if the person remoyed so demands, a 'i'~7ritt0n statomont gi?ing the reason for his r0mo~/al shall be mado b)~ the eity manager, and the person remoT/ed shall, if he so demands, be giyen a public hearing by the council before the order of his remoT/al is made final. The statoment of the city manager and any 'IT'I/ritten r0ply thereto shall be filed as a publie fO cord in the office of the city secretar)'. ~ (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 souncil, 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. Page 5 S:\Our Documents\Ordinances\06\2006 Charter Amcndments-8-28-06-0ption l.doc AMENDMENT NO.9 Portions of Article VI, Sections 6~Ol and 6.02 of the Charter shall be amended and Sec- tion 6.04 shall be added to read as follows: ARTICLE VI. CITY ATTORNEY:. AND MUNICIPAL COURT~ AND CITY AUDITOR Sec. 6.01. City attorney: appointment. The city attorney, who shall be head of the legal department, shall be a qualified attomey- at-law licensed to practice in the State ofTexas~ 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 temoorary absence of not more than three weeks. The council may 9f authorize the appointment of a temporary city attorney to act for the city attorney in the case of)H.s. a longer temporary absence or dis- ability. Sec. 6.04. Citv Auditor The city auditor shall be aooointed bv 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 bv the counciL or by the city manager at the direction of the counciL AMENDMENT NO.1 0 Section 8.03 of the Charter shall be amended to read as follows: Page 6 S:\OUf Documents\Ordinanccs\06\2006 Charter Amendments-8-28-06-0ption I.doc Sec. 8.03. Preparation and submission of budget. ~A.t least sixty (60) days before the Gnd of eaeh fiscal )~oar 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 fin~ncial 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, emergsncy expenditures to meet unusual and unfore seen conditions, ~;?Rich eouId not by diligent thought and attention ha~/0 been included in tho original budgot, may be authorizod b)' the affinnati~/0 ~/ote of at least fi~/0 (5) of tho members of the cOHncil as an amendment to the orif;inal bHdget. In o'/ery caso '[.vhere such amendment is made, a copy of the ordinanco adopting tho amendment shall be filed 'I.'1ith t80 city soeretary, publishod in the next issuo of the offieial ne~}{spaper of tho cit)" and attached to the budget origi nally adoptod. The budget may be amended for municipal purposes bv 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 taxpU)1ng voters voting at aft 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. Page 7 S :\Our Documents\Ordinances\06\2006 Charter Amendments~8-28-06-0ption ] .doc i^;\.ll bonds issued under this eharter shaiI b0 sold at public sale upon sealed bids in tho fol lov-/ing marj1er: L^..fter all of the bond req uiroments of the charter ha'l-/8 boon full)~ met tho counci I shall immediatol)~ cause to bo published a propor notice in a national publieation earryinb mu nicipal bond notices and devoted primarily to lfinancial ne\ys 'E.vhich rObula~ly incllldes mnnieipal bond sale notice~, stating the pertinent facts relatint; to tho propos0d sale, the timo, the data and the pl~ce (",yyhich shall be in the City of D0nton) that all s0aled bids "'.vill be publicly opened and tabHlated boforo tho council. Tho date ad"'/ortised for tho oponing of sealed bids shall be thirty (30) da)~s from the date of publication; concurrontly thcre'l.vith a similar notice shall bo published at 10ast once in tho dosignated official ne-?/~paper of tho City of Denton. \~/hen the sealed bids are oponed the bond attorneys retained by the cit)~ in compliance \vith section 9. 02(b) of this -L^..rticle shall tOO1:118:t0 the bids and bi"''/6 the council 3. 't'/rittofl recommendation as to tho 10\'/ and best bid. No bonds issued undor this charter shall be sold for less than par ~/alu0 and accnH~d interost, and tho eouncil ~hall have the right to refuse any and all bids and read'l./ertis0 the saID 3t a Inter date or dat0~. .&^..n official bid form shall be made u-'/ailuble b)~ the counoil to all prospectiY6 biddors on request, and no sealed bid "'y"l/ill be accepted unless it is made on tho official bid form. The official bid form shall carry the total amount of bonds publishod to b0 sold; tho purpose of the bond sale; tho t)pe of bonds; )~oars of maturity; principal amounts as det0nnined by the council; COMpon rate by )'cars; and a proy./ision requiring tho bidd~r to attach 3. bid bond executod b)~ an appro"llod surety company or a certified or cashier's check, payable unconditionally to the City of Denton in th0 amount as detormined by tho council, as a guarantee of performaneo if the bid is accepted by the couneil; and other pertinent information ordinarily appearing on official bid forms. 8hoHld tho council ~o desire, a pro~poctus shall bo prepared by the City of Danton or by ~omeona em played by the City of D0nton, gi"'/ing more cotpplete d0tail on tho proposod bond sale. All bonds shall be sold in accordance with apolicable 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 ~comrnission which shall consist of seven (7) t=eal propert)' taxpayers members, who, dur~ng 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 tenn~.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 comml:lnity do~/olopm0Rt shall ~erve as 0J( offi cia members of the commission, but sh'all ha"l;o no yoto. (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 Page 8 S :\Our Documents\Ordinances\06\2006 Charter Amcndments.8-28-0~-Optjon ] .doc 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 1 O~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 Dowers and duties of a planning and zoning commission under state law" including wi thout limitation those under Chapters 211 and 212 of the Texas Local Government Code" as may be amended from time to time" and shall oerform such other powers and duties as may be assigned bv 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 Reyised Civj 1 Statutes of the Stato of Texas, 1925, Chapter 212 of the Texas Local Government Code as now or hereafter amended, are hereby adopted and made a part of thi~ charter, and shall be controlling on the planning and zoning commission~) (3) Dr3ft for the council an official map of the city and recommend appro-'~~al or dis appro~-/al Make recommendations to the council regarding &f proposed changes m to sai4 the official map of the city and keep such map up-to-date so as to reflect any changes in the boundary of.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 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, 4^..rticle 1 011 f, 3S no";? or hereafter amended, ['/ ~ T. C~.L^1., La cdl GO~/0rnment 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. P;age 9 S:\Our Documents\Ordinances\06\2006 Charter Amcndments-8-28-06-0ption I.doc (6) Submit annually to the City Manager, not loss than sixty (60) dU)7S 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 shaJl be furnished within a reasonable time from the other departments of the city gqvemment in relation to its work. l (2) \i/ithin its budget appropriation, recommend the emplo)ment of cit)~ planners and other consultants for 5;uch services as it ma)T require. (J ~ 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. f4)(l) In the performance of its functions, enter upon any land and make examinations and surveys and place and mai~tain nocessary monHm0nts and marks thereon. ~ 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 1 O~05 of the Charter shall be amended to read as follows: . Sec. 10.05. Legal effect of master plan. Page 10 S:\Our Documents\Ordinances\06\2006 Charter Amendmcnts-8-28-06-0ption l.doc Exceot in circumstances where plat approval is not required or the public improvement is so small as not to appear on the master plan'!N-no 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 ovenule 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 subdivid~ng 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, Vemonts Texas Civil Statutes, 1948, [V. T .C.A., Local Government Code g 212.002 et seq. and V.T.e.A., Property Code S 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 10.1 0 (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 citX 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 issu~d 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 tho cit)7 or '^~hich shall horoafter be passed [sie]. Page 11 S:\Qur Documcnts\Ordinances\06\2006 Charter Amcndments-8-28-06-0ption l.doc 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 th0 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 conqemnation 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. .t^Jl)~ throe (3) A majority 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"! exceot as otherwise provided bv 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- I visory and supervisory board. (e) The board shall submit annually to th~ planning and zoning commission (for incorpora- tion in its report), not loss than one hundred t~."/enty (120) days prior to the beginning of Page 12 S:\Qur Documents\Ordinances\06\2006 Cha11er Amendmcnts-8-28-06-0ption I.doc 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- creas e. ( 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 ~hal1 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 PubIic Utility Commis- sioners, the Federal Power Commissiqn, the Federal Communications Commission, the Railroad Commission of Texas, or their respective successors, this shall be deemed suffi- cient compliance with this paragraph. Page] 3 S :\Qur Documents\Ordinanccs\06\2006 Charter Amendments-8-28-06-0ption l.doc (g) Examine or cause to be examined at any time the accounts and other records of any utiIity operating within the city for the purpo.se 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 DentonA (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. (j) 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 ~f 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- fonnation 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.s3r of such utility, l;'/hich raport shall shov/: (1) Tho actual cost of tho plant and property devoted to public use in ~orvinb custom ers in thE) City of Denton, statinb the location and cost of Bach unit thereof, to gethor "-'lith tho depr0ci3tion and prosent T/alue of oach plant and prop0rt)~. (2) Tho other costs or "',ralue claimed for such plant or property, SholTT/ing '.yhethef ~uoh cost or '/alu0 is arrivod at b)7 book costs, purchase costs, appraised 'valuo, present in"'/Gstment ?alue, feproductiory cost n6~1/[,] less accrued d0preciation or some other described method, if tho h,istorical cost is not availa.blo. (3) The properties shall bo listed in, detail sho\ving th0 intant;ible and tangible proper J ties, such as lands, machinel)r, buildings, pipes, poles, circuits, mains, etc., each treatod sepnratol y. (4) (5) The amount of any lien or mot1gUg0 upon the propertios composing saeh plant; if the lien or mortt;age cOT/ers ~oT./eral plants or propertios, than the raport shall sho'ly'l Page 14 S : \OUf Documen ts\Ord inances\06\2006 Charter A mend men ts-8 - 2 8-06-0ptjon 1. doc tho proportioNate "-/alue of the plant and prop arty in Denton to all tho proporty co~{ered b)' the lien or mortgag9 and shall state ~T~/heth0r such proportionate yaluos arc based on actual historical costs, boole costs, appraisod T/alues or other method, and tho report shall further ShO'll/ the comparati'/e number of meters or cllstomers served by the Danton plant and their aggrsbate US0 of serv'ice in rolation to the 'I.'1hole property cOT/Grad by' the. lien or mortgago; like"'yT/is0 all other indobtedn0~S pertaining to ~uch enterprise shall be shov/n~ (6) The annual cost of operating such plant or s)rstom sho~T"'/inb as separato items the amoMnt paid for salarie~ and ~TYages, filled charges, ineludinf; interost, taJess and insurance, giT/ing each separatoly, amount paid for fuel, extonsions and repairs, giT/ing each separately and particularizing the EH(tensions and ropairs, the cost of maintenanco, amount paid for damages, identifying each claim or suit, amount paid for miscellaneous expensos, and, if any machiner)r or equipment is aban doned, 'I~~/orn out or its use discontinued, tho same sHall be stated, the original cost and pref;ent ?:J.lue thoroof shall be biT/en; and the allocation and the method of al locating cost of the bHsiness 0.[ such utility in Denton shall be sho~.Yn in detail \vith a statemeNt of the basis for each such allocation, proration or di~/ision of costs and expenses~ (7) The report shall ShO"yJI tho brass oamings of sHeh utility from its oporation5 in Denton; the cost of producint; such eamint;s, incllldinb an itemization of any 0"/(2)[ all prorated costs or exponsef; charged against the utilit)r's operations in Denton; and the net profits from the operationf; in Denton~ (8) Tho report shall also eontain 3~Y other information reqHosted by resolution of the council. ( (I) Fix appropriate penalties to enforce compliance with all rules and regulations enacted by the council. (rn) 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 a~ended 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 Page 15 S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-0ption l.doc does not apply to a person who was appointed or employed bv the city prior to the election or appointment of the council member. SECTION 2. The form of the ballot s4all 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 ann~xation 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 (1) 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 ~s 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 Page 16 S:\Our Documcnts\Ordinanccs\06\2006 Charter Amcndments-8-28-06-0ption l.doc 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 empIoyees; that the council has the authority to adopt all zoning and Iand 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 l PROPOSITION NO. 10 ~ City Attorney: Shall Sections 6~Ol and 6602 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 Pflge 17 S:\Our Documents\Ordinanccs\06\2006 Charter Amendments.S-28-06.0ption l.doc 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 co~mission draft the official map of the City and to provide that the commission shall make recon:mendations 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; Page 18 S:\Qur Documents\Ordinances\06\2006 Charter Amendments-8-28-06-0ption l.doc (e) require the commission's submission to the ci ty 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; (t) 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 1 O~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 a~d 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 Bli ghted Areas: Shall Subsec- tion ] 0.12 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 Page 19 S:\Qur Documents\Ordinances\06\2006 Charter Amcndments-8-28-06-0ption 1.doc PROPOSITION NO. 20 - Public Utilities Board: Shall Sections I2.07 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 utiIity 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 P"ROPOSITION NO~ 22 - Nepotism: Shall Section 14.05 of the City Charter be amended to clarify that the prohibition against any person being appointed or empIoyed by the city who is close relative to a council member does not appIy to a person who was appointed or empIoyed 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. Page 20 S:\Our Documents\Ordlnances\06\2006 Charter Amcndments.8-28-06-0ption l.doe 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 laws6 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 7A 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 wouId have enacted such remaining portions despite any such invalidity. SECTION 8A 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 Ch6 551, as amended, and that a quorum of the City Council was present. SECTION 96 This ordinance shall b9come effective immediately upon its passage and approval. . PASSED AND APPROVED this theJ< tj;fI1 day of ~ 2006. ATTEST: JENNIFER WALTERS, CITY SECRETARY ..x2./ Page 21 S :\Qur Documents\Ordinances\06\Ord inancc A mending 2006- 232 .doc ORDINANCE NO. 2 006 - 2. q '1 AN ORDINANCE AMENDING ORDINANCE NO. 2006-232 CONCERNING AMEND- MENTS TO THE CITY CHARTER TO CORRECT A TYPOGRAPHICAL ERROR; PROVID- ING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE~ WHEREAS, The City Council passed Ordinance 2006-232 ordering an election to be held for the purpose of submitting to the registered voters of Denton, Texas, amendments to the Denton City Charter. WHEREAS, the City Council finds that there wa~ a typographical error in Amendment No. 22 regarding Section 13.04 of the Charter that should be corrected; and WHEREAS, the typographical error consisted of the inadvertent omission of certain lan- guage contained in the existing Charter, which should have been included showing it as struck out; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Ordinance No. 2006-232 is hereby amended by amending Amendment No. 22 in its entirety to read as follows: 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 upot;l 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) (d) (e) Prescribe reasonable standards of service and quality of products to be furnished by each utility and prevent unjust discrimination. Require such extensions of plant and service and such maintenance of plant and fixtures as may be necessary to provide adequate and efficient service. Collect from every public utiIity 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 Commissiqn, 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 purpo~e 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 e~ployees of those utilities, whether owned by pri- vate corporations or by the City of Denton. (i) Enact and enforce such reasonabIe regulations and restrictions as may be deemed desir- able or conducive to the safety, welfar~ and accommodation of the public. (j) 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 Iight, 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 C!f Denton shall have the power to require all teIe- 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 reguired by its franchise agreement with the city, this charter, city code, other applicable laws, or that may be required from time to time bv the council. Require eaeh atility to tila an aRRHa! '.witteR rapart, !:lV/em to by its Page 2 seeretar)' er presidelRt, ':Ilth the eit)' se~retary within sixty (00) days after the elese ef the Hseal-year ef sueR litiEt)', '.Yhich reflert' shall sho\v: (1) The aotual 6est of fue plaat and preperty devoted te public lise iR serviRg C1:lsteffi ers in fue Cit)' of Denton, statiRg tRo 10eatien and east of eaea uRit there0f, te gother '."ith the depreciatioR and present vallie of eaeh plant and pro13erty. (2) The ether costs or value elaimetl for s1:leh plant or property, sbowiflg whether s1:leh cost or "lalue is arrived at by book co~ts, puroha~0 costs, apprai60d yalue, present in"lsstment ~-/alue, reprodHction co~t ne\v[,] less accmed depreciation or ~ome other describod method, if the historieal cost is not ayailable. (3) The pmperties shaUBs listed in detail showiRg the ifltangible aHd tangible preper ties, S1:1eR as laRds, maeninery, bHildiflgs, pipes, poles, eiroliits, maiRS, ote., eaeh treated separately. (4) If any federal or state ragulator)' aHtHority has preseribed aRY metRod 01" yardstick by '""hieh the property or plant Ras beoR \'alMod, sush value an.d the flame of such aatherity shall bo stated \..-1th a raferefloo te the order reliod HpeR. (5) The afR01:lRt ef an)' EeR 131" mor1;gage 1:1pOR tho properties e13mpOsiRg slien pl<mt; if the li8R or mortgage Gaven; several plants or properties, then the report shall sRo',',' the preporti0l'late val1:le of tHe plal'lt afla property iR DeateR to all the preperty eovered by the heR or mertgage aRd shall state WHether sMeh proflert10nate values are eased OR aetual historieal oests, beok eests, ilflflraised values or etRer method, and the ref'ert shall further show the oGmparative R1:lmBer ef meters er e1:lstemers ssr;ed by fue Deaton 13100t and thoir aggrogate lise of service iR relat10R to the whole property coyored BY tHe lieR Of mertgage; likewise all otRer iRdeBtedaess pertaining to such 0nterprif;e shp.ll be f;ho'Tyn. (6) The anRlial eost of eporatiflg such fllant or system sHo\ving as separato items the aHleoot paid for salaries ood \vages, thed eharges, inelbldiRg iftterest, taxes and inS1:lraRee, gi,,ring oaeH separately, amouat paid for nolel, eKtonsioRs ami reflairs, giYIRg each separately and flartioulariziag the eJ{tensiens and r8flairs, the eGst of maintonance, amount paid for damages, idontif)ring oach claim or E;uit, amoant paid fer miseelliHleelis el){peRSeS, and, if any mashiRsry or eEIHipmeRt is ReaR donod, worn Olit or its use diseentinHea, the sarno SHall be statea, tHe origiRa1 oest and preseHt vallie thereof SHall be gi\'eR; afld the alloeatioR and the method ef al locating east ef the business of S1:l0R utility iR DentoR shall Be SROWfl in detaiI ~.-"/ith a ~tatem0nt of the basis for each such alloeatioB, proration or di-"lision of costs and expensesA l (7) THe report s1:laU show the gross eanlings of slioh 1:1ti11t)' from its eperatieRs in Doot0a; the eGst of pred1:leiRg Sl:Wfl eanlings, iRoludiflg aR itemizatioR of any Pflge 3 o~./er all prorated costs or expenses charged again~t the utility's operations In Denton; and the net profits from the operations in Denton. on THe report sHall also 6el1tain any ether information requestea by resolutisfl of the cOHncil. (1) 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. SECTION 3. All other terms and conditions of Ordinance No. 2006-232 not amended by this ordinance will remain in full force and effect. SECTION 4~ If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or appIication thereof to any ,person or circumstance is heId 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 5. 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 eh. 551, as amended, and that a quorum of the City Council was present. 3~d dayof {)e:h6er ,2006. ~~;L~R SECTION 66 This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the Page 4