HomeMy WebLinkAbout11-26-1979
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ADDENDUM
CITY OF DENTON CITY COUNCIL
November 26, 1979
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1. Consider an ordinance initiating annexation proceedings
regarding the petition of the City of Denton for annexation
and Agricultural (A) zoning classification for an area
east of North Locust Street and extending to University
Drive and extending north of the present City limit to
600 feet beyond the proposed North Loop 288; Z-1422.
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AGENDA
CITY OF DENTON CITY COUNCIL
November 26, 1979
Special Called Meeting of the City of Denton City Council,
Monday, November 26, 1979 at 3:00 P.M, in the Council
Chambers of the Municipal Building, Broadcast live on
KNTU Radio, 88.5 F.M.
1. Consider propositions for the Charter Amendment
Ordinance.
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SANER, JACK, SALLINOER NICHOLS
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I • ° KKK DALLAS. TEXAS 75201
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qtr. Burt R. Solomons
Acting City Attorney
City of Denton
Municipal Building
Denton, Texas 76201
Dear Burt;
Snolosed please find a list of items and section numbers
for consideration by the Council. Because of my previous
lettors and recommendations, I have not included all of the
items proposed by the Corlimittee. For various reasons, I
re
40 comsenadnaagaiinst the submission of Items 21 3, 100 12, 15, 23,
r think the Council should be furni bed with this list and
letter and asked to go over the list along with the Committee
Report, the Charter itself, and my previous tatters, and be pre-
pared at the Council fleeting when these will be voted on to
make specific notions for voting on each of the items.
You and L and the rest of the City Staff can be prepared to
answer any specific questions on any of these items for any one
of the Councilmen and to supply whatever background information
or legal precedgnt that may be required.
Please feel free to add to this list or change the order
in any way you think will be helpful to the Council. I will plan
on being there on the 23th unless I hear froe, you othei•,visa,
Very truly yours,
SANBR, JACK, SALLINGER Pi :TICS?OLS
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Items for Consideration xnd Vote
1. Call Charter Amendment election for January 19, 1990;
implementation date.
2, Section 103
3. Section 1.08(d)
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4. Section 2.01(3); (b); (c); (d); Section 14.08
5, Section 2.02(x)(2)
84 Section 2.03
{ 7. Section 2,05 at al .
Relate (See maiority report)
i 8- Section 3.08; Section 2,08(b) (5)
r 9. Section 3,01(b)
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10. Section 3,04(x)
11. Section 3.04(b)
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12. Sections 4,03, 4.12
13. Section 4,13(x)
14. Section 4.10
16, Section 4.17
18, Section 5.01
17. Section 5,05
1S. Art. VI, Section 9.02'
• , Section 9,03; Section 8,04
19. Art. YII
E, 20. Section 7.18
21. Section 8,08
22. Section 3.08
G 23. Section 9,01
24, Section 9,02(3)
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25. Section 12,04
26. Section 12,08(8)
27• Section 14.02
28. Section 14.04
29• Section 14.07
r 30. Section 14.10
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25, Section 12.04
28. Section 12,08(g)
27. Section 14,02
28. Section 14.04
29, Section 14.07
30. Section 14.16
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Section 2.Olfa1. The Council shall have seven 171 members, six %11 Councnpersons
r and g Mayor. The man
shell be elected to ner of Ihelr election Is prescribed herein, Bach Counollperson
and occupy a place on
one, two, three, four, live and six the Council, such pieces being numnered
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\ Section 2.011b1. Four 41 members of the Council whose positions shalll he
l pieces one, two, three end four, shall he elected by the ouelifted voters of slnate-member
Feepreph
districts lcal districts of the City, known as districts one, two, three and four, as such
i may from time to time be determined by the city Counan In ece0rdance
with Section 2Aild), and created and described
the Council and the Mayor shall be elected by the qualified voters Two (21 f the entireeCity,
commonly known ae at large, One III at IYRe member, place five, shall he elected
from residents of districts one or two, and one (i) at Woe member, place six, shell
be elected from restdenti: of elstrlets three or four.
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Section 2.01fc1. All members of the Covnatl gild the Mayor shall be elected more
far
than cothr erf3le%earatermsasuchtte msltobcommencec with the nest three (31
year term to which such member or Mayor h elected after the e0opllon of this section. uncil ordinance eelection el ttrietiknown is etwc is tima
Iwo,tthree an efour,nsuch f by
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shall be created sa that each wit! contain, as nearly as possible, a pooulatin eeuivalent
to the others, according to the latest avatlable census data.
Section 2.02(021, Shell have resided for it least one veer nest preeedeing
h!s election within the corporate limits of Denton end, for ptaoes ore, two, three and
four, shall reside fm the iteigrapMcai district he reprosentsi
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Section 7,03. The Mayor shell preside at the meetings of the council and shall
be recognized as head of the City government for all ceremonial purposes and by the
governor for purposes of marllal tarry, but shell not Interfere with the manalrerlal duties
and respo,01111les of the City Manager, The htayar shell have In 14 earn* powers
slid prlviUgas as
any other Counellmember, Inciudtnr antittement to Vote upon elf
matters considered by the Council, but shell have no veto power. The Council shall,
as $oon to possible after the Annual election, elect from Its memhersMa a Mayor Pro
Tem. The Mayor Pro Tem shall act as Mayor during the Ahsence or efsabtllim of the
Mayor and If a vacancy occurs shall become Mayor for the completion of the unexpired
term.
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Section 2,00fs1, A majority of the memhers c! the Council shag cotutltule a
quorum toe the transaction of business, and the efr7rmotive vote of a majority at the
Counon shall be naeesaery to repeal any ordinance or take any official aetton in the
name of the City, except that a three-fourths f3/41 Vote of the total membenhtp shall
be reoulred to override a recommendation of the Planning and Zonirr Commission that
a proposed amendment, supplement or change be denied, and except » otherwise
provided In this charter or W the general laws of the State of Texas.
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Section 2.08ib1. Appoint and remove the City Attorney and the M.L lotpat
Court judge.
Section 2,09W. Perform the dlstrlcting and reelstrieting function.
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Section 2.01fbl, On the first Saturday In April immedlatcly followlnR aoorov4;
of Section 2.01 and 2.03 end the drowlrg of election district boundarieo by tha Co Oval o
the voters shall elect four (4) CounCRmembers from Such districts and tyro 121 Council-
members and tha bta,vor at large. At the first meeting of the Counefl after the
complellon of all aiectlons, Including run-offs, reoulred to determine the composition
of the Councll, the terms of the Mayor and the Couneflmembers shsU be determined
u followst
11) The Mayor shall have a term of three f31 pears.
Shall draw' forhterms, (9n1
draws inumD rncoe (11 shall have aces term aof one
f1) year. The one who draws number two f2l ahou have a term of two I2t ymirs,
f3) The four f4) Councilmembera elected from gengraphfcel district one, two,
three and four shall drsw for terms. The one who +raws numher one t0 Shall have
a term of on* 11) year. The nnr who draws number two (2) shell hove a term of two
f2) years,
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(4) The two (2) who craw number three f31 shall have a term of three fat
w years.
meets to Sootction 2.lDiland 2.07 Are adopted Shall serve the remainder of their un xpiree
terms as at IV" members of the Couneu with all the rlgRhts, privileges and Mtfes of i
Council n embers elected pursuant to such charter amenc~mentst prooded, that it anv
holdover Councumember vacates his office befell the expiratlen of his term, the
vacancy shau not be NUcd,
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Section 3.01(d). If any Councllmember whose term woule not otherwise exolre
at the
Of th s shall entleresaidtelection, such oouncuumember hi termtjhelIphe deemed tetlhhaave n
bee
E vacated at 14 time of the eanvam of 3414 electlon resulb, whether the candfdacy of
said Couneiimember is successful or not,
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Section 3.01fe% Nelther the "ayor nor any momber of the Co+,netf shall become
e cahdir'ate for electlen to any position on the Councll, ether than for re-eleeton to
t the same seat, wins Such eeneleate osu first submit to the Clty S
written resignation from the Councll to to effective at the time of the ennvtas of
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the results of the next reQvlarly scheduled dection.
If such
term would otherwise extend bevond the date candidate's unexalred
notifv of aa{d "n"19, the City Secretary shall
ire
the Councu and an decdon "lI he held on the date of
scheduled election to flu the unexpired term of gild redgning Ceuthenclt nemext xt re reeulariv
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Snt Section 4.13fal. Filing end Certification of Petitions Recall >7eetfon•delete
21 be,istsembt#d And !f itthe h theuClty SecreAll taw aROni Instrument, jvjthjneSeven
77) degs after a petition Is filed, the City Secretary she G determine rvhethe each
end ulifl2utired efflewltiOf theecireutetorhthereoft j And whether to 0ornmitthe f tie PkItioners tion egvei info mber to at lassetwenty-five pof the ercent 1~6cq
nfmb number hose of the votq cent
for that COUncilmember and all of hls opponents in the tut hprecoeelpf e of the
municipal
diction In whloh he was a daneldste. As used hereln 'conslituenev, shall mean the
qualified voters eligible to vote for the Councilmember whcsa removal is IOU
by geographleal district or at large, as the case may be." g either
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Sec. 1.10. Limitations on recalIe. No petition shall he filed against a councilman
within six fill months after he takes office nor against a councilman who No been
subjected to a recall election and not reme;ed thereby until at least six rat months
after such election. Should a replar election oove during the time when a recall
petition is current and should the personht belrt recalled he re-elected, the rerell
petition shall he null and Vold,
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Sec. 5.01. The city manager nualifleatians. The city monster ahnil he ehosen
by the council solely on the basis of h!l executive and adminlatration gualifldatiors
with special reference to his actual experience In or his knowledge of a"opted practice
in respect to the duties of his office, Its herolnaftee set forth, provided that any potion
who is appointed city manager must have had at least two III years of experferee u
a city manager or assistant city manager or the equivalent thereof. At the time of
} his anointment he need not ba a resident of the city of state but Mrlrt his tenure
of office he shall reside within the city.
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Sec. 5.05. Administrative Departments - Delete anal substitute "The City 1
€ Manager is hereby authorize? to organize the emplovees of the city Into varlous
departments and divisions with the coneurront of the city council"
Artlele VL City Attorney and htunfclpal Cotvt
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sec. 0.09. City ettorneyt powers and eutlen,
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(a) The city attorney shell reptesent the city In all 1411retion and eontrouarsfes
and shall prosecute all cases brouRht before the municipal eouet. He shall draft,
t approve or r':u his written opinion on the ic„a:;ty of every proposed ordinance before
it Is acted upon by the council, and shin pass upon an documents, contracts and other
leaal Instruments In which the city may have an Interest,
fb) Ne shall be the legal advisor of the city monster, city council and of all
boards, commissions, atencles, officers and employees with respect to any legal euestion
inv0iving theff official po.Vors or duties, He shall perform such other Mies as may
be required by statute, by this charter ce by ordlnance.
fel The council may authorize the appointment of such assistant city attorneys
es may be needed to perform the duties of this department or the appofrtment of a s
temporary city attorney to act for the city ettornev in the case of his tetnoararv
absence or disebnity.
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'ec. e,00, etunlclpAl court,
fat There is hereby established a court
condvated in the manner which shet! be lmown ns the "Lhmcipal
Court of the Clty of Denton" The munlctpel Court shall have the jsrlsdlcdon and he
prescribed And authorized by taw, All costs and floes imposts
by this munfelpal court shell be paid into the treAsurg fee the use end benefit of the
ally,
rb) The city judge shall preside over the munfeipel court. The efts judge shell
be a oualiNd attornay-at-taw licensed to practice In the State of Tfxas or o pennn
who has quA9fleations requlred for memhership on the city council. He shall be
appolnted by, and shall serve at the G~leasure of, 1F council. The city judge shall
receive such compensation as may be flxee by the council.
fol There shall be one regularly scheduled session of the court each week and
as many other sesslans as, in the dlscretlon of the city judge, may be necessary for
the timely transaction of the huslness of the court.
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as may (d)flocessThe to performpthe eutlessofsthetmuriielpelecourtaorrantemporarvjelty
judge to lot for the elty judge In the ease of his temporary absence or elsshflity, and
such assistant, addidanA! or temporary city judge wall receive such enmpensitlon As
may be get by the council.
Sec, 0.01, Clerk of the court. The city secretary or his deputy, If one Is
provided by ordnance, shah be ex officio clerk of the munfclpal court, and shall have
the power to admfnbter albs and etlleavits, make certlffwtes, affix the seat of the
court, and perform such other duties or opts as may be necessary In Issuing process
And conducting the business of the court,
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" See. 9.11. Property Subject to Tax - Delete and substitute for fat and rbtr
4 The City Council Is authorized to levy and collect suoh taxes As are Allowed by state
law and in such manner as prescribed by state taw,"
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$ac. Las. 9udget estahtlshes opproprlatlons and tax few, Upon finAi arbotloo,
v the hudget shell be In effect for the budget rear. First aeootlen of the budget by
tFer coup it shall anstl;ute the official aPrproprirtion of the aeveraT AmauntA atAtO
aebpted shall be flied withithe city secro ar,vethe county huepet so
Court,, r atnA
the state comptrciler of public accounts In Austin. Ail' apbrooriadons that have not
been expended or lawfully encumhered ahAll lapse at the a" of the hveret year.
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Sec. 8.08. Amending the budget. to case of grave publfe races"itv, emergene
erpendltures to meet unusual end unforeseen conditions, which v
could not by diligent
thought end l" vote have been included in the orfenal budget ,hma may of be the ul by councdillil at
the afflrmellw rote e of at least three fourt
thorized
by
an amenCement to the he r2/41 of the mem
■ original budget. In every case where such amendment to made,
copy of the resolution polished the he nex aeoptInc the amendment shall be feed with
thed a atttta a secretary, i the next issue of the official newspaper of the city,
enched to the hudrudget originally adopted.
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See. 12,O8f 1,
R he Director of Utilities shell he appointed by
i suDJect to confirmation by the Public Utilities Board. the City Manager
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Sea 14.07• All pubito records Collected 'I asremhled, or matnlalneA by the City
In connection with the transactlon of official nuslness shall he ivaGebls to the publl'e j
pp applicable
ppllica normal state business Iaw, ness hour, suDJect to the exceptions and repi,tatlpns authorfxed by II
Sec. 14.04. Personal interest. No officer or employee of of Denton +
' shall have a finanMal fnteroat, direct or indirect, In any co n the city
ntract twith he the city a be
financiatly Interested, directly or Indirectly, in the tale to by the city of any Land,
materials, supppGeJ or services except An willful Wo.,tlort of this teotiat shall conjtliuti city Is
nee fic fnr employee.
j of car or employee guilty thereof shall forfeit his office or position.
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Sec- i
of the city of1De ton 088 eve Attthe Pleasure of the eouDcll. Memberrs of such
j beards and commissions may be removed by the counel only for Omuta snd
being given notice by the eouneii. Sud relics shsL be to writing apeclfvlnQ Ue
reasons for removal and any member of any board or commission shall be affordee ism
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Option
action bytthe oounoile to such notice In a Public hearing hsfara the cotme0 prior to
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