HomeMy WebLinkAbout07-28-1980
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AGENDA
CITY COUNCIL OF THE CITY OF DENTON
July 28, 1980
Emergency Meeting of the City Council of the City of Denton at
330 P.M., Monday, July 28, 1980 in the Conference Room of the
City Manager's Office at which the following item of business
will be considered,
3. Executive Sessiont
A. Legal Matters - Under Sec. 2(e), Art. 6252-17 V.A.T.S.
i B. Real Estate - Under Sec. 2(f), Art. 6252-17 V.A.T.S.
C. Personnel - Under Sea. 2(g), Art. 6252.17 V.A.T.S.
D. Board Appointments - Under Sec. 2(g), Art. 6256-17
V. A. T. S.
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2. Discuss Personnel Mattura
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DO NOT F LM THIS SHEET
HEAD- MILMA:
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ADDENDUM
CITY OF DENTON CITY COUNCIL
November 26, 1979
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
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Special Called Meeting of the City of Denton City Council,
Monday, Povember 26, 1979 at 3:00 Y.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, SALLINGER S NICHOLS
4TT04^~~Yd •«o COUNSCLOMS 4T Lr,v ,~e C ia[+r a+v.~(iu -
w LOW{ ViC wCL{ /C~ "tau {tC ♦hhON.L {.r" tuRawO
~.w"(re(w "e.tJr DALLAS. TEXAS 70201
4141 7-4. 1444
~C/P• t apt L."D S
Nrivember 9 1979
(1r :a YN{(L
,,Jr. Burt R. Solomotus
Acting City Attorney
City of Denton
Iunicipal Building
Denton, Texas 78201
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Dear Burt:
3nolosed please find a list of items and section numbers
for consideration by the Council. 3ecause of my previous
letters and recommendations, I have not included all of the I
items proposed by the Committee. For various reasons, I
recommend against the submissicn of Items 20 3, 10, 12, 18, 23, {
24, 280 and 29.
I think the Council should be furnishef! .vith this list and
letter and asked to go over the list along eith the Committee
Report, the Charter itself, and my previous letters, and be pre-
pared at the Council Meeting when these will be voted on to
make specific motions for voting on each of the items.
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 j
o2 the Councilmen and to supply whatever background information i
o:" legal precedgnt that may be required,
Please feel free to add to this list or change the order
in any way you think sstll be helpful to the Council. I will plan
! on being there on the 20th unless I hear from you otherwise.
Ve.y truly yours,
SANSAO JACK, SALLIA'GER It NICHOLS
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Items for Consideration and Vote
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1. Call Charter Amendment election for Janaary 19, 1950;
implementation date.
2. Section 103
3. Section 1.06(d)
4. Section 2.01(a); (b); (c); (d); Section 14.08
5. Section 2.02(a)(2)
6. Section 2.03
7. Section 2.05 at al Delete (See majority report) j
5. bection 2.06; Section 2.08(b) (5)
9. Section 2.01(b)
10. Section 3.04(x)
i 11. Section 3.04(b)
12. Sections 4.03, 4.12
13. Section 4.13(a)
14. Section 4.16
15. Section 4.17
18, Section 5.01
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j 19. Section 5.08 '
18. Art. VI, Section 6.02; Section 6.03; Station 6,04
19, Art. VII
20, Section 7.16
21, Section 3.08
22. Section 8.08
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23. Section 9.01 (d) (e)
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24. Section 9,02(a)
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25, Section 12,04
28. Section 12.08(g) i
27. Section 14.02
28• Section 14.04
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29, Scction 14.07
30. Section 14,18
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Section 2.01W. The Council shall have seven 171 members, SIX 181 Counotlpersons
and a Mayor, The manner of #heir election Is prescribed heteln, F.ach Counellperson
shall be elected to end occupy a place on the Council, such places being numhered
one, two, throe, lour, five and six.
Section Ulrb1. Four (e) members of the Council whose positions eha11 he
places one, two, three and four, shaJ he elected by tho cusUfled voters of single-member
jeogrephleal districts of the City, known as districts are, two, three end four, sa such
districts may from time to tlme be determined by the City Council In aooordance
with Section 2,01(d), and created and Ascribed by wOlnance. Two (21 members of
the Counall and the Mayor sh&n be elected by the qualified voters of the entire City,
commonly known as at large. One (11 at large member, place five, shell he elected
from residents of distrion one re two, and one (1) at large member, place etx, shell
be elected from residents of districts three or four.
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Section r.01fc1. AU members of the .7ouncil and the Mayor shAU be elected 1
for three W year terms and shall not be eligible for election to more than two
consecutive three (3) vear terms, such terms to commence with the first Carse (31
year term to ,vMoh such member or Mayor Is elected after the Adoption of this seetton.
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Section 241fdl. The Counell. shall from time to time create and descrN by
ordiruncs election dstrfcte known as districts one two, three and four. Such dutrfots
f sheU be created so that each win contain, as nearly as possible, a poWation eouivetent
to the others, according to the latest available census hie. 1
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Section 2,02(021. Shell have reslead loo at least one yfKp neat pa oeedtng
his elecllon MOO the corporate limits of Denton And, far places one, two, three and
I (our, shsL resle* In the iteographlool dletrict he represents;
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S~ecOd he The 6layor
be ,Pau preslee at the mee omo of the Council one shag
recd iced if heed of the City government tar au cetings al purposes and by the
gond verrnor tw purposes of martw taw, but shoo not interfere with the
aaponsiEUttfes of the City Monster, The Mayor thou have an the managsameerial p ttutlq
ower
and prlvoetes as tiny other Counoilmember, Inclueing entitlement to vote upon an
malters oonSlder6d by the Connell, but thou rave no veto power. The Councll ehcu,
as soon as possible after the annual eleettan, elect
Tem. The Mayor Pro Tom shall cot as htavor from its iver. The a Mayor Pro
Mayor snA f durlnt the absence of efsability of the
! a vacancy oecun shell beeoste Mawr for the completion of the
term. un opted
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Scotian MOW. A majorlty of the members of the Counefl than constitute a
quorum far the trensectlon of business, and the offlrmattve vote of a majority,
of the
Councll Shat be necessary to repeal any orefnsnee or take any offleld hetlon in the norno be neufredeto Iovorride i recommendation (3/41 vo of
ng yid Loning Commission that
e proposed amendment, supplement or chants be dented, and except as otherwise
provided in this charter or by the genorel Sews of the State of T4xaa.
Stollen 1,08fbi, A
Court judge, Apoint and remove the City Atturttey and the MctetDet
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` Section 1,01fa1, Perform the districting and redtstrleting funetlun.
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of Section 2,01 and 7.03, ed the drawInng tof oe *ctlonpdiistrl t eboundarita ugv the Co moil,
the voters shatl elect four (41 CeunciImembers from such districts and two 1`21 fcter the
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members and the Stayer at !arse. At the first meeling of the Council after t
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of therCOUncil,athejt:rms oft thedMayor nand theeCounciltmembers shallthbe composition
W followsi /
(1) The Mayor $hell have a term of three 0) years.
I.') The two f21 Councumembers elected at lama from place: tive and six
shau draw for terms, no one who draws number one ill shell have a term of one '
It) year. The one who er; i i.mber two (21 Shall have a term of two (21 ves•s,
13) The tour (41 Councilmembers elected from reoZraphical district one, two,
three and four shall dra+v for terms. The ore who drawn number one rat shell have
a term of one III year, The one who di-aws number two 12) shall have a term of two
(2) years.
(4) The two (21 who itaw number three rat shall have a term of three 1`31
years.
section 3,01;e). Councllmembers holding office at the time the charter smend-
menu to Section 2.01 and 2,03 an adopted :hail serve the remainder of their unexplreO
terms as at large members of the Council with all the rights, privileges and duties of
Council members elected pursuant to such charter amendmentsi provided, that If any
holdover CouncRmember vacates his office before the expiration of his term, the
vacancy shall not be filled.
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Section S. IN% if any Counelimember whose term would not otherwba 4xolre
at the time of the canvas of the results of the election Specified in Bectlan S.atfbt
a411 enter uld election, such council member': term shall be doomed to have boon
vacated at the time of the canvass of said election results, whether the candidacy of
said Councilmomb!r is successful or not
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Section 3.Olfe). Neither the Mayor nor any member of the Coutten shall become
i a candidate for election to any position on the Council, other than to rtolection to
1 the same seat, unless Such caneleste shall llrst submit to the Citw leerstsev his
written resignation from the Council to be *((active at the time of the canvass of
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the results of the next regularly would schenvled election. If such candidate's une><otree
term rT the et* of va" notifythaCounclllsands etection sheq a
t held lone the dpteh of ter next trenlarly
sohaduled election to fWent he unesplred term of Bald resigning Councilmember. I
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Sectlon 4.13141. Filing end Certification of Petitlons Recall Electler-delete
present 4.13(a) and substitute the fatowingt "A4 _.n•n comprising a recall petItten
shall be assembled and filed with the City Secretary as one irstrument, Within seven
(7) days after a petftlon is filed, the Ntv Secretary eha>7 determine whether each
paper bears the names of five 151 eleeturs who constitute a committee of the patitloneos,
and the required affidavit of the circulator thereof, and whether the petition Is srgned
by
qu&Ufl voters of the constituency of the Couneilmember whoae removal is nought
equal In number to at least twenty-five percent (25^81 of the number of the votes cast
for that Councilmember and all of his opponents In the last preeeeding general mttnlclpal
election in wnleh he was ■ candidate. As used herein 'constituency' shag mean the
qualified voters eligible to vote for the Councilmember whose removal Is sough', either
by geographical district or at large, as the cue may be."
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S c. 1.1A. Llmitatlrns on recoils. Nc petition shall ho flied agalnst a councilmen
within six (51 month, after he takes office nor asitnst a councilman who has hero )
subjected to a recall electlen and not removed thereby until at least six tat months
after sack aectlon. Should a reinder eiectlOn occur aurlng the time when a retell
petition Is curient and should the . ,ontss brlro !scatted he re-elected, the ra^atl
petition shall he null and void.
Sec. S.Q). The city managers oualifleations. The oft- manager shall he chose
by the council solely on the baits of his executive aid administration quaIlflcattons
with special reference to his actual experlence In or me knowieege of accepted prartlet i
In respect to the duties of his office, se berilnafter set forth, provlde that anv Pelson
who is appointed city manager must have had at least two (31 years of experience as
e city manager or Resistant city manager or the equivalent thereof. At Cia time of
his appointment he need not be a resident of the city or Relate hit eurir; his tenure
of office he shall reside within the city.
Sec. 5.05. Administrative Departments - Delete PI suhstitute, "The City
Manager Is hereby eutheri:ed to OrgMiee the employees of the City Into various i
departments and divisions with the concurrent of the city council"
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Article VL City Attorney and Munfdpal Caws
Sec. 5.02. City attorneys powers and Mae.
(a) The city attorney shall represent the city in all litigation sod controversies
and shat prosecute all costs brought before the municipal court. P0 ana2 drift,
approve is ct or roe ii, written opinion on the legety of every nroposed ordinance before
apart by the council, and "D pass upon aft documents, contracts and othae
legal IAstrumehts In which the city may have art 1
fb) Ise shall be the legal advtoor of the city manager, city eoW;el1 and M IN
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Iny2lyIng
oards, commissions, a eneles, Officers and employees rtth respect to any legal question es. be requiredeby statute, bywthhiischarterr or by Ordinance. each other
duties u may
fe) The council may euthorlso the appointment at such assistant city ottornevis
as may be needed to perform the duties of We tepartment or tie appolntment of a '
temporary city atternty to act for the city attorney In the Clfe Of hie tempnrary
absence or disability.
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lee. 6.03, btunlelpal court.
fat There Is hereby eslebtished a court which shell be knnwn as the osit, ipel
Court of the City of Denton: The municipal court shall have the jurisdiction and he
conducted in the manner prescribed and euthorlxed by law. All costs and fines imoosed
by the municipal court shall be pall Into the treasury for the use and benefit of the
city.
bbl The city judge shell preside over the municipal umurt. The city Judge shell
be a euallfled attornav-at-law licensed to practice In the State of Texas at it person
who has Quelitlcationf required for memhtrship on the rity council. He shall be
appointed by, and shall serve at the pleasura of, the council. The city judge shell
recelve such compensation as msy bo fixed by the council.
(c) There shall be one relfulariy scheduled session of the court each week end
is many other sessions ,a, to the discretion of the city judge, may be necessary for
the timely transaction of the business of the court.
(d) Thi council may appoint such assistant city jadges or additional city juon
as may be necessary to perform the dutles of the municipal court or, a temporary city
judge to act for the city judge In the cue of his temporarv absence er dlsahnity, and
such assistant, additional or temporary city Judge shall receive such Mmpersatlon as
msy be set by the counell.
j Sec. 6.01. Clerk of the court. The city secretary or his deputy, It one Is
I provided by ordinance, shall be ex officlo clerk of the munlclpsl court, one shall have
the power to administer oaths and affidavits, make certificates, affix the seat of the
court, and perform such other duties or acts es may be necessary In Issuing process
and conducting the business of the court.
Sac. 4.16. Property Subject to Tax - Delete and substltute far W and fbt,
"The city council Is authorized to levy and cotleet such t!txes u are allowed by state
law and in such Tanner as prescribed by state taw"
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i Sec, 6.06. Budget estahlI001; approprladnns and tax low. Upon final a6notlon,
the budget shelf be in effect for the budget ,year. Float adoption of the Wiret Ly
the councll 111181.1 constitute the official approprlatlon of the seyertl amounts stated .
therein as propoaed expenditures for the hudget year. A copy of the hueret as ftnally
ebpted shall be filed with the city steretar,v, the e0nhty clerk of Denton County and
the state comptroller of pubtle accounts In Austin. Ail eporoprietlons that have not
been expended or lawfully encumhered ahatl lapse at the and of the budget year.
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Sec. 8.08. Amending the budget. in case of grave public necessity, emergency
expenditures to meet unusual and unforeseen conditions, which could not by eillgent
thought end attention ileve been Included In the original budget, may be authorized by
the affirmative vote of at least three-fi,urlhs (7141 of the members of the council u
an ameadement to the original budget, In every case where such amendment is made,
It copy of the resolution by the council adopting the amendment shall be filed with
the city secretary, published in the next issue of the official newspaper of the city, E
And attached to the budget crlenally adopted.
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Sec. 12.08fgl. The Director of Utilities shall he appointed by the City Manager
subject to confirmation by the Puoile Utilities Board.
Sec. 14.01. All public records collected, essemble4, or maintained by the City
In connection with the transaction of official business shell be avaUeble to the public
during normal business holgf, subject to the exceptions and regulations authorized by
applicable state low.
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Sec. 14.04. Personal interest. No officer or employee of the City of Denton
thou have a financial interest, direct cc Indirect, to any contract with the city, err be
financially interested, dlreatly or Indirectly, In the sale to or by the city of any land,
materiels, supplies or services, except on behalf of the city as an officer or employee.
Any willful violation of this section shall constitute malfeasance In office, and any
office. or ampto;iea guilty thereof shall forte!! his office or position.
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Sec. 14.16. Add a new section that states, "Me.)ers of boards and commissions
of the City of Denton shall servo at the pleasure of the counell. Members of such
boards and nemmtsslone may bo removed by the council only for cause and only after
being gSyen notice by IM council. Such notice stint be In wrldnr specifying the
reasons for removal and any member of any board or commission shall be afforded an
opportunity to respond td such notice In a pubue hearing before the council prfor to
E ! action by the council."
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