HomeMy WebLinkAbout11-27-1979
AGENDA
CITY OF DENTON CITY COUNCIL
November 27, 1979
Special Called Emergency Meeting of the City of Denton City
Council, Tuesday, November 27, 1979 at 5100 P.M. in the
Council Chambers of the Municipal Building, Broadcast live
on KNTU Radio, 88.5 F.M. ?
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1. Consider propositions for the Charter Amendment
Ordinance.
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SANER, JACK, SALLINGER SI NICHOLS
,,Togo a4«rMO1" ATTORNCYS 4h0 COVNSCLOR9 AT LAW t 6.
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November 9, 1979 . N ~•=R
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10Ir. Burt R. Solomons
Acting City Attorney
City of Denton
Municipal Building
Denton, Texas 76201
Dear Burt:
Enclosed please find a list of items and section numbers ,
for consideration by the Council. Because of my previous
letters and recommendations, I have not included all of the
items proposed by the Committee. For various reasons, I
recommend against the submission of Items 2, 3, 100 120 18, 230
24, 260 and 39.
I think the Council should be furnished with this list and
letter and asked to go over the list along with the Committee
Report, the Charter itself, and say previous letters, and be prey
pared at the Council Meoting when these will be voted on to
mace specific motions for voting on each of the items. 1
You and I 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 Coundilmon and to supply whatever background information
{ or legal precedgat 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 211th unless I hear from you otherwise.
Very truly yours,
SANS, JACK, SALLINbER t1 NICHOLS
By
Robert ar ,
Incl.
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Items for Consideration and Vote
1. Call Charter Amendment election for January 19, 1950;
implementation data. J
2. Section 103
3. Section 1,06(d)
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4. Section 2.01(3); (b); (c); (d); Section 14.08
5. Section 2.02(x)(2)
S. Section 2.03
7. Section 2.05 at al - Delete (See majority report)
3. Section 2.06; Section 2.05(b) (8)
9. Section 3.01(b)
10. Section 3,04(x)
11. Section 3.04(b)
12. Snotions 4,031 4.12
13, Section 4.13(x)
14, Section 4.16
16. Section 4,17
16, Section 5001
17, Section 6.08
18. Art. Y2, Section 6.02; Section 6,03; Section 8.04
19, Art. VII
20. Section 7.16
21, Section 3.08
22, Section 3.06
23. Section 9,01 (d) (e)
24, Section 9.021(a)
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23. Section 12.04
28. Section 12.08(6)
27. Section 14.02 ?
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29. Section 14.07
30. Section 14.10
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and a ti ayoronno M4LnnereofCouncil
lhelr election s4v§M (11
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Each Counenperson
$hall be , elected
One to and occupy a place on the Council, such places being numbered s
one, two, three, tour, live and six.
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Places one two, three end four, 0411 he elected bytlha ousliffao voters at Isin►a eSKAri he
mber
ppographloal districts of the City, known as districts one, two, three and four, w such
districts may from time to time be determined by the City Counall. in necardanae
with Stedoa 1.01fd1, and crested and deserlbM by ordinance. Two ell members of
the Council and the biavor shall be elected by the ovatifled voters of the entlr0 Clty,
commonly known es at toot. Ora fit at loge member, place five, shall he elected
from residents at districts one or two, and one (i) at large member, place sir, shau
be elected from rendents of districts three at four,
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t for three 13Irt yt4rttetrms &Ad mtrn~srv shall hotf bee eBtfble for electionytosmote bthenetwo
consecutive three (3I vest tams, such terms to commence with the first thres lit
year term to which such member or Mayor Is Cooled abet the a4aptfon of this station.
andinenteeelecttiont'distrIM known as distrnlats otnetitwo three and tow, luah~tria
shall be MOM to that each via Contain, es nearf two
to the ethers, accdrdlnt to (ha latest available cirnus eat46 a pooulatlat eett+lwient
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hts sleotlem Othpn the corporate ImIU of Dentan vd,afor places Ono, next
twat thf elinef
four, shill read. In the (teccraphlesl district he represents;
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Section 143. The Mayor shall preslde at the maatjmg$ of the Councils and shell
be recognised u teed of the City government for all etramonlal purposes and by the
governor for purposes of martial law, but shall not Interfere with the m.nagerial Buttes
and responsibilities of the City Manager. The Mayor 111a11 haVa aft the umy powers
end privileges as any other Councllmembae, includlnr entitlement to rote upon all
matters conslecred by the Connell, but shall have no veto power. The Council Mall,
as seen as possible after the annual election, .tact from Its membership a Mayor Pro
Tem. The %favor Pro Tom shall act as Mayor durina the aMenee or dlsabilltr of the
Mawr end If a vacancy occurs shall become Mayor for the oomplellam of the unexpirM
term.
Section 1.0641. A me)orlty of the members of the Counefl shell constitute a
j uorum for the transaction of business, and the afftrmstive vote of d mr.Joelty of the
Council shat! be necessary to repeal any ordinance or take tiny official tetion In the
name of the City, except that a Wwfourths (310 vote of the total membership shell
be reouirad to override a recommendation of the Plannir,r and Zonire Commisslon that
a proposed amendment, supplement or ehanro be einise, and except as otherwise
provided In this charter or by the geMrel taws of the Stale of Taxes,
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Section 1.0111. Appoint and remove the City Attorney said the M,riolpal
Court judge.
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Section 1.o1h1. Perform the dlatriMfrit and radlstrictirg function.
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Seotlan 0.01fbl. On the flit Saturday in April Immeolatelv followfnR aooroval
of Seotlon 2.01 and 2.02, 4.14 the drawfna of election district boundaries by the Counoli,
the voters Stull elect four (4) Counclimembers from such districts and two It$ Council-
members and the %favor at Wet. At the first matting of Ot Counon after the
completion of all eleotlensI ineluefnq run-offs, r.auired to dettimins the composition
of the Counofl, the terms of the Mayor and the Counallmemben' shall be determined
as followsi
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(l) 7'4e Mayor shall have a term of three f01 yf&m
f2l The two f21 Councilmembers elected at lute from places five SO its
shall draw for terms, the one who thaws number one (1) shell have a term of Of
(t) year. The one who draws number two (21 shall hue a term of two 121 yav:
f21 The four N1 Counellmembers elected from keoeraphtoal district one, two,
three add .our Shelf draw for terms. The one who kaws number arse W shall have
a term of tine ill year. That one who craws number two (21 Iaap have a term of two
IV years.
(1) The two (21 who draw number three r21 shall have a term of three (01
years.
Seatfon 3.0I1c). Councilmemberf hol0lrtt office at the Limo the charter amend-
ments to Section 2.01 and 2.02 are adopted shall serve the remalnder of theft unexplreA
k terms as at :kr;M members of the Counafl with ail the r1Rhtto privileRN and duties of
Counop members elected pursuant to such charter amendmentst provfded that It any
holdover CouAcamembef vaca+.es his office before the expiration of h~a term, the
vacancy shall not be fined.
Sostlon LOW. It any Couneilmember where term woulA not otherwise Mf~e
at the time of the tiny" of the red'Ats of the alecdon spoolfled in Section 2.t11rA1
Shell enter ufd eleetfan, such counafl member's term shop be deemed to have Men
vacated at tha time of the eanvel of fold election taints, whether the eandledev of
sand Caunel.'mambev is sucaessful OF not.
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facUon 3.000. Neither the Mayor nor an member of the Coueap shelf became
a candidate for tioction to any pasiden all the Ceun,711, othw then for re-elactfon to
this some lost, finless such candidato ship Mrst submit to the C;tS deaeotwy Me
written fetitnation from the Council to be effective at the time at (M canvass of
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the results of the next regularly seheduled tlection. if such caneidatt's uneKalroe
term would otherwise extend beyond the date of laid oanveas, the Cltp Secretary Shan
notify the Councu and an alaotion shell he held en 0a data of the next reavlarly
rchadulad election to fin the unexpired term of lard resfgning Cotmonmember.
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peeent 1,1361 4.1134% feuowinninat"An pap rs enmpr Wns A rea t1l petition
shall be assembled and flied with the Cfty Secretary se one Iratrumant. tvithln seven
f7I days afte a petition is food, the city Secretary shot dettrmine whether each
pope bears the name of flue ftt sl ators who constitute a committee of the petitloners,
and this required affidavit of the cleculator thereof, and whether the petition is signed
by qualffied voters of the constituency of the Counotlmember whole removal is sought
equal In number to at least twonty-five percent Qt%l of the number of the votes cast
for that Counellmembar and at of his opponents in the lost~preceedlnC general mtmlelpal
#!action In which he was a eondldote. AS used horrin oonstRuene.W shalt meet the
queUfled voters eugfbie to vote for the Counonmember whose removal Is sought, tither
by Reogrephfeal district cc at large, is the case may be"
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Sec. 4.16. 6lmitationS on recalls. No Detitlon 0a11 he filed Against A councilmen
within six (6) month+ after he takes office nor apiMt It councilman who has been
suhjectad to a recall election a,w not removed thereby until at least six (61 months
after such election. Should a regular election cccttr during the time w}en A recall
petition Is current And should the pers0n4l being recdted he re-elected, the recall
petition shall he null and void.
Sao. 5.01. The city managers ounliffesttons. The city manager shaU he chosen
by the council solely on the basis of his executive and administration eualiflatiors
with special reference to his actual experience In or his knowledge of accepted prgetia
In respect to the duties of his office, as horeinaftx set forth, provided that any person
who Is appointed city manager must have had at last two fat years of experience as
■ city manager or assistant city manager or the equivalent thereof. At the time of
his appppoointment he need not be a resident of the city or state but eurlrl his tenure
of of ca he sNU reside within the city.
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Lac. 6.05. Adminlstrstlve Departments - Delets and suhstitute "The city
manager is hereby euthortsed to organlxs the employees of tN city into various
departments and divisions with the eenourrent of the city cot 1cU."
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Artlels VL City Attorney and Munl*d Court
lee. 8.01. City attorneys powers and duties.
(a) The city attorney shall represent the city In all litigation and Contwerries
and sNU prosecute to eases brought before the municipal 00014. Re shell draftt
approve or (Do his written opinion on tN legsllty of every proposed ordlnerkm before
It is acted upon by the council, And shall pea upon all documents, contracts and other
lopl instruments in which the city may have an Interest.
fbI, Ne sNG be the legal advisor of the city manager, city council and of oil
f boards, oommissions, ateneios, officers And employees, with respect to arty legal question
Involving thole official powhs or dud". No shall perform such other duties as may
be required by statute, by this charter cc by ordinance.
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44 tot The council may authorize the Appointment of such assistant City attorneys
u may be needed to perform the duties of this !apartment or the appointment of a
temporary city attorney to set for the city attorney In the essa of his temporary
absence or dlssbility.
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$ec. 1,00. %lunleipel court,
fat Thera Is hereby atabllshod a court which shell to known As the "blunetpal
Court of the City of Vvnton " The municipal court shill have the Jgrisdtetlon And he
conduated In th manner prescribed and authorised b!• law. All costs and tines Imoosed
by the municipal ?curt shall be paid Into the Iressarv for the use and benefit of the J
city. /
rbl The dtv judge shall preslea over the munfolpal court. The efts judge shell
be a oualifted attorney-at-taw llcarsed to practice In the State of Texas or a parson
who has quallflcations required for membership on the city council. Ile shall be
appointed by, ARJ shall sarve at the pleasure of, the ceuncfl. The city Jude* Nall
i receive such compensation u may be fixed by the council.
fcl There shall be one ragululy a!neduled session of the court each week and
i u many other ussfam u, In the discret of the city Judge, may be neetwary for
the timely transaction of the business of the court.
(dl no council may appoint such assistant city Judges or additional city Judam
as may be necessary to perform the duties of the municipal court or a temporary city
judge to set far the city judge In the cue of his temporary absence or duOW', and
such assistant, additional ar temporary alty )veto shall receive such tompen adon as
may be set by the council.
Soo. 0.04. Clerk of the rourt, The city $earetuv or his deputy, If ono Is
provided by ordinance, shall be at officio clerk of the muplclpaI court, and Shan have
the power to administer oaths and affidavits, make certificates, offts tt•e seal of the
court, and parform such other duties or acts u may be necessary in sluing proem
and conducting the business of the court.
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Eee. 9,14. Property Subject to Tax • Delete and substitute for W and No
"The City Council is outWx#d to levy and cogeat uch taxes as at* allowed by state i
law and In such mannor u ptescrlbW by state taw."
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toe. 1.96. Bddcet estabilabas approptlatlons and tax lave. Upon first ac otlon,
the bue1*1 shall be In effect for the budget gear. ring) adootion of the budcat by
the council shag eonstituto the ofJcial a ropefittlon of the several Amounts RAW
herein u proposed expenditures for the hu~cst year. A espy of the huent u fIMAIN
adopted Shag be !fled with the city secretary, tN county clerk of Depton County and
the state comptroner of publie Recounts In Austin. ALIaporoprlatlons that have rot
been exprkded or lawfully encumhored shag t•pu at he end of the budget ynar.
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Sec. 1.01. Amending the budget. In ease or grave public reces•Ity, emergency i
expenditures to meet unusual and unforeseen condltions, which could not by Oillgent
thought and attention have been Included In the oriainel budget, may be authorltsd by
the affirmative vote of at lesst lhrerfourths 02/41 of the members of the eouncil &a
an amendement to the original budget. In every case where such amendment Is made,
s copv of the resolution by the council adopting the imendment sball he filed with
the city secretary, published In the next issue of the official newspaper of the clt!r,
and attached to the hueget originally adopted.
t Sec. 12.01rgf. The Director of Utilities shall he appointed by the City Manager
sut.,rct to confirmation by the Public Uttlities Board.
Sec. 14.02. All pubtlo records eoileoted, assembled or maintained by the City
M connection with the trenseetlon Of official business sham be avaBahia to the public
during normel business hours, sub;act to the exceptions and regulations authcrt2ed by
applicable state taw.
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See. 14.04. Personal Interest. No officer or emplovee of the Clty sf Denton
shall hew a ffaanctal Interest, vtrect or Indirect In any contreet with the aity, or be
financially Interested, diredtl+ or Indirectly, in tea $Rle to a by the My of any land,
mat"", suppp'Uas or servie„, except on behalf of the city u an ofQeer or amployee.
Any will ul violation of this seetlon shell constitute maNisana In office, and any
offloer or employee guilty thereof shall forfeit his of to or position.
See. 14.11. Add a new section that states, "Member of boatole and commlasions
of the City of Denton shall sera at the pleasure of the council Members of such
i bards and oommtsslaw may be removed by the council only for cause and .-Iv niter
being given notles by the counalL Such notled shad be In writing specifylns the
reaenns far removal and any member of any board or commission shell be afforded an
aWrtuntty to respond to such netts In I public heartrg before the emocil prior to
actlui by the council"
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ADDENDUM i
MY OF DENTON 'ITY COUNCIL
November 26, 1979
1. Consider an ordinance initiating annexation proceedings
regardin8 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 fe,!t beyond the proposed North Loop ^88; 2-1421,
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