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HomeMy WebLinkAbout05-05-1999 c, II i May 4,1999 Agenda Packet 4 j III! ~ i Olr \ o f r. APO Mt..~ AGENDA AQIIId1 IIIM CITY OF DENTON CITY COUNCIL DIM May 4, 1999 After deterdning that a quorum Is present and convening in an open meeting, the City Council will cocvene in a closed meeting of tha City of Benton City Council on Tuesday, May 4,1999 at 3:1; p.m. In the Council Work Session Room at City Hall, 21S E, McKinney, Denton, Texas at which the following items will be considered: I, Closed Meeting: I A. Consultation with Acorns; - der TEX. GOV'T. CODE Sec. 551.071. Discuss and consult with the City's attorney, including outside legal counsel, litigation styled City of Denton v. nenton County Fresh Water Supply District No. IA and Denton County Fresh Water Supply District No. 3, Cause No. 99-40135.362, filed in the 361ne District Court of Denton County, Texas, including strategy and possible settlement negotiations. D. Conference with Employees - Under TEX. GOV'T. CODE Sec. 551,075. The Council may teethe information from employees during a staff conference or brief ng, but may not deliberate during the conference. I ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH f EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN 11 COMPLIANCE WITH TEX. GOVT. CODE CH. 531, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS ! AUTHORIZED BY TEX. GOVT. CODE SEC. $51.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEP,TMO AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ArCORDANCE WITH THE TEXAS OPEN AEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 531.071.351.085 OF THE OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, May 4,1999 at 6:00 p.m. In the Council Chambers at City Hall, 21$ E. McKinney Street, Denton, Texas at which the following items will be considered: Pledge of Allegiance A. U.S. Flag B, Texas Flag j "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." I rte..-. 2. Proclamation for "TWU Pioneers Gymnastics Team Week". 3. Consider adoption of an ordinance canvassing the retuma and declaring the results of the r municipal election to amend the City Charter of the City of Denton on May I, 1,979 held In conjunction with the regular municipal election to elect four members to the City Council; and providing an effective date. i 1 I t 1 I I I II I I I City of Denton City Council Agenda May 4. 1999 Page 2 4. Consider adoption of an ordinance canvassing the returns and declaring the results of the regular municipal election to elect four city council members held in the City of Denton Texas, on May 1,1999; and providing an effective date. S. Oath of Offce administered to newly elected Cout.cil Members. 6. Election of Mayor Pro Tem. 7. Miscellaneous matters fro.: the City Manager. 8. New Business This item providc,t a section for Council Members to suggest items for future agenda 9. Possible conti:,uation of Closed Meeting under Sections 351.071-531.085 of the Texas Open Meetings Act. 10. Official Action on Closed Mecting under Sections 331.071.351.083 of the Texas Open Meetings Act. CERTIFICATE I ecKiry 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 , 1999 at o'clock (a.m.) (P,m.) 1 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, PLRASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICAPIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO Y;IAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. i C U I i I •I I U. 042-6/1P I W, DW ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL ELECTION TO AMEND THE CITY CHARTER OF THE CITY OF DF.NTON ON MAY 1, 1999 HELD IN CON)UNCTION WITH THE REGULAR MUNICIPAL ELECTION TO ELECT FOUR MEMBERS TO THE CITY COUNCIL; AND PROVIDING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1, 'That the City Council rinds and declares that the May i, 1999 election to amend the City Charter held in conjunction with the regular municipal election to elect four City Councilmemben was duly ordered for the purpose of submitting 17 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 elec- tion cfrcials have been delivered to the Council, all in accordance with the laws of the Stata of Texas and the Charter and ordinances of the City of Denton. 5LCJ ON Il. Thar the official returns of the election officials having been opened, ex- amined, and canvassed, and the Council hereby finds and declares that ballots were ca; t at the etccti,m, and that the vetcs cast for each proposition on the ballot for the City Charter election were as follows: TOTAL EARLY VOTES CAST: I Proposition No. 1 - Annexhlion Shall Section 1.03 of Article I of the City Charter be amended ' to substitute the requirement of a majority vote of the City Council for the current four-fifths vote of the Council necessary to annex land or otherwise alter the City of Denton's boundaries? f Yes No Proposition No. 2 - Disoasal of Utilities: Shall Section 1,03 of Article I of the City Charter and Section 12.04 orArlicle!(Il of the City Charter be amended to provide that the City may not sell, lease, mortgage, or otherwise alienate the entire assets of any wairty system or any essential por- tion thereof without the approval of a majority of all the y mlired voters voting at an eL•ction held for that purpose and to correct statutory references? Yes No Propo, tion No. 3 - Notice of Claim; Shall Section 1.06 of Articlc I or the city Charter be amended to increase the thlrtyday notice of claim for personal Injury or property damages to { ninety days and to require the claimant to provide his or her residence address, the names and addresses of all witnesses known at the time who he or she relies upon to establish a claim for damages, and other Information pertaining to the claim? i M r I Yes _ No Proposition No. 4 - Gender Neutral: Shall Article 1 of 6he City Charter be amended by adding a new Section 1.07 so that the Charter becomes gender neutral by extending all references in the Charter to the masculine gender to apply also to females end where applicable to firms, partner- ships, and corporations? Yes No Proposition No. 3 - Municinat Elections; Shall Article It slid Article III of the City Charter be amended by amending Section 2.02 requiring each member of the Council to be a registered voter and to have the minimum eligibility requirements for a municipal officer set forth in the state law, reside for one year prior to the election in a single member district for which the per- son is running; to eliminate the requirements that a counciimember not be in debt to the City, not be interested in the emoluments of any contract or transaction with the City, and not be an officer or director of a public service corporation, and to require forfeiture of the office upon ceasing to possess these qualifications or upon conviction of a felony; by amending Sections 2.04 and 3.01 to require municipal elections to be held on uniform election dates in accordance with applicable laws; by amending Sections 3.02, and 3.04 to ackno%Wge awareness of nepotism laws In the petition to nominate a candidate for counciimember, changing the required number of signatures on the petition, and to require canvassing and the holding or & runoff election in compliance with I applicable laws? Yes No Proposition No. 6 - Mur fcipal Court: Shall Sccti m 6.03 of Article Vl of the City Charier be amended to require that Municipal Court No. I be e, lablished as a nunicipai court of record and that the Municipal Judge and all assistant municipal judges be licensed attorneys and have the qualifications and the powers when appoin+ed required by applicable state law? Yes No Proposition No, 7 - Taxatio : Shall Section 7.01 of Article VII of the City Charter be amended to provide the City's power to tau shall be consistent with the Tax Code and to delete Sections 7,02, 7.03, and 7.04 regarding the payment, collection, levying, seizure, and sale of property for 4~ , r delinquent taxes, delinquency penalties, and establishment of tax liens, and to renumber the re- maining sections, so that these matters will be governed by the Tax Code and other applicable laws? Yes _ No Page 2 l ` t cit Proposition No. 8 Y Bud¢et: Shall Article V111 of the City Charter be amended by amending Sections 8.04 and 8.05 io provide for a public hearing on the budget after the 15* day the pro- posed budget is filed with the City Secretary but before taxes are levied; to provide for notice to be published In accordance with applicable laws; to provide for adoption of the budget after the public hearing; allowing the proposed budget to take effect if the Council takes no action before the end of the fiscal year; allowing Council to snake changes in the budget; and amending See- Con 8.07 to authorize transfer of certain lrnencumbered funds within and between offices, de- partments, agencies, and organizational units during the fiscal year? Yes No Proposition No. 9 -1 jw& Shall Sections 9.01 and 9,02 of Article 1X of the City Charter ba amended to require general obligation bond debt of the City to be increased only by consent of the majority of the qualified voters of the City voting in an election for that purpose, and to eliminate the requirement for a revenue bond issue in excess of one million dollars to be ap- proved by a non-binding referendum election? Yes No Proposition No. 10 - Planning Commission: Shall Article X of the City Charter be amended by amending Section 10.03(a)(6) to reduce the numScr of days prior to the beginning of the budget year that the Planning Ccmm.islon must submit a list of recommended general obligation capital improvements to be constructed during the forthcomi +g five-year period to the City Manager from 90 days to 60 days; amending Section 10.05 to ei'minate the requirement for the Planning Commission's approval on all purchases and sales of real property and on widening, vacating, or changing streets? Yes _ No Proposition No. 1 I - Deletion of Board of AAWALnrenl: Shall Article X, Section 10.07 t,' 4. City Charter be amended by deleting the Board of Adjustment from the City Charier and requiv ing that the City Council, by ordinance, establish a Board of Adjustment consisting of at least seven members having the qualifications, powers, duties, and terms established by the City Council, and providing that the current Board of Adjustment shall continue to function under these provisions of the Charter until the ordinance creating the Board of Adjustment is effective? ~r 1 f Ir; P. Yes 4 No j. Proposition No. 12 - Deletion of puke and Recreation 9o~~d Shall Article Xl, Section 11.02 of the City Chcrtcr be amended by deleting the Parks and Recrealion Board from the City Charter and requiring that the City Council, by ordinance, establish a board to advise the Council on i page 3 i t N l i I i, parks and recreation mailers consisting of et least seven members having the qualifications, pow• ers, duties, and terms established by the Ch, Council, and providing that the current Parks and j Recreation Board shall continue to function under these provisions of the Charter until the ordi- nance creating the Board is effective? Yes No Proposition No. i3 - New Utilities: Shall Section 12.01 of Article XII of the city Charter be amended by authorizing the r ity to own, acg1dre, construct, maintain, and operate any other public utility without the necessity of having that decision approved by a majority of qualified voters voting therefore at an election held for such purpose? Yes_ No Proposition No. 14 - Expansion of Public Utilities Board; Shall Article X11, Section 12.07 orthe City Charter be amended by expanding the Public Utilities Board from five to seven members or as many members as there are councilmembers, whichever is greater, and requirin,; all meetings of the Board to be held in accordance with the Texas Open Meetings Act and all other applicable laws? Yes No Proposition No. 15 - Franchise Fees: Shall Section 13,03 of Article X111 of the City Charter be amended by requiring the grantee of any franchise or license to use streets or other public prop- erty granted by the City to pay a fce not less than 2% of the gross receipt<, or any other fee or charge authorized by law, including access line fees, which the City may legally charge for use of its streets or other public property? Yes No Proposition No. 16 - Conflict of Interest; Shall Section 14.04 of Article XIV of th. City Charter be amended by eliminating the current convict or interest requirements and substituting the re- quircmcnt that any City officer or employee having a substantial interest in a business entity or real property , as those terms are defined by chapter 171 of the Texas Local Govcmment Code, shall comply with charter 171 and, if necessary, shall abstain from voting on a matter on which the person has a substantial interest and file an affidavit setting forth the substantial interest in , the matter to be voted upon? Yes II No Page 4 t, I` II~ Proposition No. 17 SWtm Reference: Shall Section 14.13 of Artielo XIV of the amity Char- ter be amended to correct statutory references? i Yes No The total early votes cast in District One for each proposition are as follows: Proposition No. 1 Yes No Proposition No. 2 Yes No Proposition No. 3 Yes _ No Proposition No. 4 Yes No Proposition No. S Yes - No Proposition No, 6 Yes No Proposition No. 7 Yes - No Proposir'on No, 8 Yes No _ _ Proposition No. 9 Yes " No Proposition No. 10 Yes No Proposition No.1 I Yes No t, Proposition No. 12 Yes No a~ Proposition No. 13 Yes No Page S !a t; c. Proposition No. 14 Yes No Proposition No. 15 Yes _ No Proposition No. 16 Yes _ No Proposition No. 17 Yes r No The total early votes cast in District Two for each proposition are as follows; Proposition No. I Yes No Proposition No. 2 Yes No Proposition No. 3 Yes No Proposition No. 4 Yes No ' Proposition No. 5 Yes _ No Proposition No. 6 Yes No Proposition No. 7 Yes _ No Proposition No. S Yes _ No Proposition No. 9 Yes c No i Proposition No. 10 Yes No Page 6 i c c. . f I Proposition No. 11 Ycs M No i Proposition No. 12 Yes _ No Proposition No, 13 Yes No Proposition No. 14 Yes _ No Proposition No. IS Yes _ No Proposition No. 16 Yes No Proposition No. 17 Yes No The total early votes cast in District Three for each proposition are as follows. Proposition No. I Yes No Proposition No. 2 Yes _ No Proposition No. 3 Yes No Proposition No. 4 Yes _ No Proposition No. 3 Yes _ No Proposition No. 6 Yes Proposition No. 7 Ye4 No Proposition No. g Yes No Page 7 i t R Proposition No. 9 Yes No i Proposition No. 10 Yes No Propocition Vo. 11 Yes _ No Proposition Nu. 12 Yes _ No Propositior. Nu. 13 Yes No Proposition No. 14 Yes.____ No Proposition No. 13 Yes No Proposition No. 16 Yes No i Proposition No. 17 Yes No The total early votes test in District Four for each proposition are as follows: Proposition No. 1 Yes - No Proposition No. 2 Yes No Proposition No. 3 Yes No Proposition No. 4 Yet r t' /'r ' o No Proposition No. S Yes No i Page 8 I c , M I u I i I I I I I I Proposition No, 6 Yes No i Proposition No. 7 Yes No i Proposition No. 8 Yes _ No i Proposition No. 9 Yes _ No Proposition No, 10 Yes No Proposition No. 11 Yes No Proposition No. 12 Yes h No I Proposition No. 13 Yes _ No J Proposition No. 14 Yes No Proposition No. 1S Yes No Proposition No. 16 Yes _ No I w Proposition No. 17 Yes No r_ TOTAL. REGULAR VOTES CAST; Proposition No. I Yes 0 j . r A No ° ~l li' \ c' Proposition No. 2 Yes No Proposition No. 3 Yes r No Page 9 ti t (7 1 Proposition No. 4 Yes No Proposition No. S Yes I No Proposition No. 6 Yes _ _ No Proposition No. 7 Yes _ No Proposition No. 8 Yes No Proposition No. 9 Yes _ No Proposition No. 10 Yes No Proposition No. 11 Yes No Proposition No. 12 Yes No Proposition No. 13 Yes _ No Proposition No, 14 Yes No Proposition No.1 S Yes No Proposition No. 16 Yes_ No Proposition No. 17 Yes I r!~ No I i Page 10 I t; c. The total regular votes cast in District One for each proposition are as folimv Proposition No. I Yes No Proposition No. 2 Yes _ No Proposition No. 3 Yes _ No Proposition No. 4 Yes No Proposition No. 3 Yes _ No Proposition No. 6 Yes No Proposition No, 7 Yes _ No Proposition No. 8 Yes I No Proposition No. 9 Yes , No Proposition No. 10 Yes - No Proposition No, I I Yes No Proposition No. 12 Yes No Proposition No. 13 Yea No___ Proposition No. 14 Yes No Proposition No. 15 Yes No Page 11 t c, I a i I Proposition No. 16 Yes No Proposition No. 17 Yes No The total regular votes cast in District Two for each proposition are as follows: Proposition No. I Yes No Proposition No. 2 Yes No Proposition No. 3 Yes No Propositio:t No, 4 Yes No Proposition No. S Yes _ No ; Proposition No. 6 Yes No r Proposition No. 7 Yes No Proposition No. 8 Yes No Proposition No. 9 Yes No Proposition No. 10 Yes No. Proposition No. I I Yee C No Propositlon No, 12 Yes No t Page 12 t, F Proposition No. 13 Yes No Proposition No. 14 Yes _ No 1 Proposition No. IS Yes _ No Proposition No. t6 Yes No Proposition No. 17 Yes _ No j The total regular votes cast in District 7 hree for each pwposition are as follows: Proposition No. 1 Yes No Proposition No. 2 Yes No Proposition No. 3 Yes No Proposition No. 4 Yes No Proposition No. S Yes No Proposition No. 6 Yes No Proposition No. 7 Yes No Proposition No, 8 Yes No Proposition No. 4 Yes No r' Proposition No. 10 Yes No page 13 i I l1 l . Proposition No. 11 Yes _J No Proposition No. 12 Yes No Proposition No. 13 Yes _ No Proposition No. 14 Yes _ No Proposition No. IS Yes _ No Proposition No. 16 Yes _ No I Proposition No, 17 Yes No The total regular votes cast in District Pour for each proposition are as follows: I Proposition No. 1 Yes _ No ' Proposition No. 2 Yes No P.position No. 3 Yes _ No i Proposition No. 4 Yes No Proposition No. S Yes No Proposition No, 6 Yes No /t I Proposition No. 7 Yes No Page 14 r. 4 d I tt i Froposition No. 6 Yes _ No i Proposition No. 9 Yes No f Proposition No. 10 Yes _ No Proposition No, 11 Yes_ No Proposition No. 12 Yes No Proposition No, 13 Yes _ r No Proposition No. 14 Yes No Proposition No. IS Yes _ No I Proposition No. 16 Yes" No ' Proposition No. 17 Yes No TOTAL VOTES USL Proposition No. 1 Yes _ e No Proposition No, 2 Yes r No Proposition No. 3 Yes No Proposition No.4 Yes No Proposition No. S Yes No Page 1$ _ ~ t I t Proposition No. 6 Yes No Proposition No. 7 Yes _ No Proposition No. 8 Yes No Proposition No. 9 Yes No Proposition No. 10 yes. No r Proposition No. I I Yes No Proposition No. 12 Yes No Proposition No. 13 Yes No I Proposition No. 14 Yes No Proposition No. I$ Yes No Proposition No, 16 Yes No Proposition No. 17 Yes No SECTION It, That the City Council finds and declares that: Proposition Nos. were passed and the City Charter is hereby amended ~ in accordance with Propositions, and that Proposition Nos. f A, acre defeated. SECTION IV. That, in accordance aith Tex. Loc. Gov't Code 49.003, this ordinance shall constitute an order that Proposition Nos. and all the amendments therein referenced and referenced in Ordi,tance No. 99.057, as amended, which Is attached hereto and made a part of this ordinance for all purposes are adopted and have Page 16 r I been approved by a majority of the qualified voters of the City of Denton who voted at the elec. tion to consider the propositions to amend the City Charter. The City Secretary Is hereby di- rected to enter a full and correct copy of th£s ordinance into the official minutes of this meeting and it shall became an offi_W record of the City of Denton. I SECTION V. That the City Secretary is hereby directed to send to the Secretary of State a certified copy of the attached Ordinance No. 99-057, as amended and signed by the Mayor, along with a certified copy of this ordinance canvassing this election. The City Secretary Is hereby directed to record in the City Secretary's office the Charter amendments edopted by the voters of the city, and to provide s conformed version of the Charter with the amendments to be available to all members of the public in accordance with Tex. Loc. Gov't Code 49.008. SECTION Vi. That 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 VII. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY J l~ f ~Ya i.at~va iM..remwac. o~rd.anwa rorw~r dw Page 11 f 1. I ~ ORDINANCE NO. 99-057 AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999 IN CON- JUNCTION WITH THE REGULAR CrrY COUNCIL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON. TEXAS AMENDMENTS TO THE DENTON CITY CHARTER REGARDING SALE AND ALIENATION OF PORTIONS OF PUBLIC UTILITIES; CREATING NEW UTILITIES; PROVIDING A MAJORITY VOTE FOR ANNEXATION; QUALIFICATIONS OF CANDIDATES FOR ELECTIONS; PROCE- DURES FOR HOLDING ELECTIONS; AUTHORIZING PUBLIC UTILITY FRANCHISE CHARGES; SETTINO PROCEDURE FOR ADONT[NG A BUDGET; DELETING CERTAIN PORTIONS OF ARTICLE VIII "REVENUE AND TAXATION; CORRECTING REFER- ENCES TO APPLICABLE LAWS; REMOVAL OF THE BOARD OF ADJUSTMENT, PUB. LIC UTILITIES BOARD, AND PARKS AND RECREATION BOARD FROM THE CITY CHARTER AND EXPANDING THESE BOARDS TO SEVEN MEMBERS; PROVIDING NOTICE OF CLAIM PROCEDURES IN COMPLIANCE WITH STATE LAW; ELIIvflNAT- ING PLANNING COMMISSION RECOMMENDATIONS ON SALES AND PURCHASES OF PROPERTY AND ON UTILITY CAPITAL IMPROVEMENTS; PROVIDING THAT THE CHARTER SHALL BE GENDER NEUTRAL; DESIGNATING THE PLACE OF HOLDING SUCH AN ELECTION; NAMING THE OFFICERS THEREOF; PRESCRIBIN!I THE FORM OF BALLOT; PROVIDING FOR NOTICE; PROVIDING FOR PUBLICATION i~F NOTICO OF THIS ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton City Charter was last amended In 1919; and WHEREAS, many changes in the law, especially die Texas Local Government Code and other lava that affect municipal corporations like the City of Denton, Texas, have made it neces• sary to amend the Charter to make it conform with changes in taw during the lest twenty yea"; and WHEREAS, the City Council desires to make changes in the Charter to eliminate from the charter and expand the membership of several boards, facilitate its ability to sell, alienate, or expand its public utilities, to snake the Charter gender neutral, and to make other administ"tive changes; and WHEREAS, the City Council deems it in the public interest that the City Charter be to amended; NOW, THEREFORE, i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That, in accordance with the provisions of Tex, Loc. Gov't Code 19.04, there shall be submitted to the voters of the City of Denton, Tr:aa, at the regular City election to be held on May 1, 1999, the following amen4mants to the Home-Rule Charter of the City of Denton, Texas, which are shown by showing ~ -ose portions which will be retained in normal i I We, the deleted text in the existing Charter being shown as strikeouts, and new or additional text shown by italics: AMENDMENT NO. I That Article I of the Charter shall be amended by amending Section 1,03 "Extension of city limits" so that the same shall hereafter read as follows: Sec. 1.03. Extension of city limits, The City Council, by a vote of not less than feud "a-i F3j a majority of its member. ship, shall have the power by ordinance to provide for the alteration and extension of said boun• dary limits, and the annexation of territory lying adjacent to the City, with or without the consent of the inhabitants of the territory annexed. Upon the introduc.ion of any such ordinance to the City Council, such ordinance shall be published one time in the offidial newspaper of the City of Denton. Amendments may later be incorporated into the proposed ordinance by a vote of not less than fear-f+Ahs-(4 a majority of the membership of the City Council and publication one time in the official newspaper of the City of Denton. The proposed ordinance, or any amendment thereof shall not thereafter be finally acted upon until at least thirty (30) days after the publica• Lion thereof; and upon the final passrge of any such ordinance, or any amendment thereto, the boundary limits of the City shall thereafter be as fixed thereby. When any additional territory has been so annexed, same shall be a part of the City of Denton, and the property situated therein shall be subject to and shall bear its pro rata pirt of the taxes levied by the City, and the inhabi- Cants thereof shall be entitled to and shall possess all the rights and privileges of the citizens of the City of Denton, and shall be under obligations as such citizens. AMENDMENT NO. I That Article I of the Charter shall be amended by amending Section 1.05 "Powers of the city" so that the same shall hereafter read as follows: See. 1.05. Powers of the city. The City of Denton shall have and may exercise all the powers granted to cities by the Constitution or laws of Texas Including specifically those powers made available to cities of more than rive thousand ($,000) inhabitants by what Is known as the Home Rule Amendment to the Constitution of Texas (Article XI, Section 5 and the Home Rule Enabling Act (Phaplk-13r Vernon's texas Codes Anno- tated, Texas Local G 2vernment Code Section 5.004, Chapter 9, Chapter ht, and Subchapter E of Chaster St), as these lawi now read or may beret fter be amended. The City may acquire prop- , erty within or without its corporate Ii6ls for any municipal purpose; may cooperate with the r ' 3 I,ovetxtmeni of Texas or any agency thereof, or with the Wirt) government or any agency there. r l . ~ of, or with the government of any county, city, or political subdivision to accomplish any lawful purpose for the advancement of the health, morals, safer, convenience, or welfare of the city or its Inhabitants; may sell, lease, mortgage, hold, manage,'and control such property as its interest page 2 i c cs 4 may require; provided the City shall not sell, convey, lease, mortgage, or otherwise alienate the entire assets of any public utility system or any portion thereof essential to continued effective utility service without the prior approval by a majority of the qualified voters of the City who vote of an election held for this putpose; and may exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or the Constitution or laws of Texas. The enumeration of particular powers in this Charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof, the City shall have and may exercise all other powers widch under the Constitution and general laws of this state it would be competent for this Charter to specifically enumerate. AMENDMENT NO.3 That Article I of the Charter shall be amended by amending subsection (d) of Section 1.06 "Liabilities, exemptions, and limitations", so that the same shall heteafter read as follows: Sec. 1,06, Liabilities, exemptions, and limitations. (d) the City of Denton shill never be liable for death or personal injury of a person or for property damages of any kind unless within thirty (39) ninety (90) days after the occurrence tMe causing the damage, death, injury, or destruction a notice in writing by oe on behalf of the person injured or claiming damages, if living, or the person's representative, if dead or the owners of the property injured or destroyed Is delivered to the city manager stating specifically and accurately in complete detail when, where, and how the exact death, iq uM destruction, or damages occurred, the full extent Omoef ofthe ipfury, the basis of the claim, and the amount of damages claimed or asserted. Th,a notice shall also include the residence of the claimant by street number on the date the clatrn is presented, the residence of the claimant for six (6) months Immediately preceding the occtrrence of the death, injury, or destruction, and the names and addresses of all witnesses that are known at the time upon who it is relied to establish the claim for damages, provided, however, nothing 1n this subsection shall be construed to q(fect or repeal the provision in subsection (e) of this section relating to the liability of the Cityfor damages on account of injuries received on the public streets, highwwys, alleys, grounds, public works, and public places of the City. AMENDMENT NO.4 M That Article I of the Charttr shall be amended by adding a new Section 1,01 "Gender neutral" so that the same shall hereafter read as follows: ~ I Sea 1.07. Gender neutraL rte . Wherrrver used In this Charter, a word Impaling the masculine gender only shall extend l lr N and be applied to Include females, and, where applicable, to firma, partnerships, and eorpora- tions, as well as males, i i Page 3 I i e i i II III t AMENDMENT NO. S That Article 11 of the Charter shall be amended by amending Section 2,02 Qualifications" so that the same shall hereafter read as follows: Sec. 2.02. Qualltlcatlons. (a) Each member of the Council, in addition to having the other qualifications prescribed by law: (1) Shall be a qualifedyeter of registered to vote in the City; (2) Shall have resided for at least one year next preceding his or her election within the corporate limits of Denton and, if running within a single member geographic district as set forth in Section 2. 01, in the district in which elected; (3) shall he (4) (d) Shall not hold any other public office of emolument; (4) Shall have and maintain the eligibility requirements for municipal gBicers set forth to Section 141.001 of the Texas Election Code, Vernon S Texas Civil Statutes Annotated hereinafter referred to as "Election Code" as it may now read or hereafter be amended. (S) Shall "0! be iflierwed in the 4MOINA"O"Is 0; my 46"imi, joh, wool, OF soniis$ of-" Wilk IM GiPfi OF WfFlildd in 1140 lain 10 OF by Ohl G2151 Of M)1 100im"16, FAMOridid, M*. p#eererequipu shiiand (6) SheR "61 be M OFF88F of dims it 0; P%lbik Din-k$ 86PPOPM19" 'A W*#A4i" MrietolL (b) if a member of the Council shall, after being elected, ceasato possess any of these qualifications or eligibility requirements, or shall hold another office of emolument, or enter a plea of guilty to a felony, or be convicted of a felony he or she shall Immediately forfeit his or her office. AMENDMENT NO.6 Thal Article 11 of the Charter shall be amended by amending Section 2.04 "Vacancies in rt' • t council" so that the same shall hereafter read as follows: (1- ` Page 4 i : l Sec. 2.04. Vacancies in council Where a vacancy in any place on the Council shall occur, the vacant place shall be filled by a special election, and, where necessary, by a runoff election, in the same manner as provided in this Charter for the regular election of the councilperson. Such spcclal election shall be held on lays the first authorized uniform election date following the creation of the vacancy occurring on or after the thirtieth day of?er the date the election is or. dered and The runoff election, where necessary, shall be held preeadinS @iee4ie~ In accordance with the requirements of the Election Code and ell other appli- cable laws; provided, however, that where a vacancy shall occur within one hundred and twenty (120) days of a regular election, no special election to fill the vacancy shall be called, unless more than one vacancy occurs. AMENDMENT NO.7 That Article III of the Charter shall be amended by amending subsection (a) of Section 3.01 "Municipal elections" so that the same shall hereafter read as follows: See. 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 first Saturday in ApA May or on any other uniform election day for municipal elections establlshed.by the Election Code. The Council may by resolution or ordinance order special elections which shall be held u nearly as practicable ac- cording to the provisions for a regular election. The hours and places for holding all City elec- tions shall be determined by the City Council. A11 elections shall be conducted in accordance 1 %ith the Election Code and all other applicable laws as they now read or may hereafler be amended. AMENDMENT NO.8 That Article Ill of the Charier shall be amended by amending subsections (a) and (b) of Section 3.02 "Nominations" so that the some shall hereafter read as follows: Sec, 3.02. Nominations. (a) Any qualified person may have his or her name placed on the ballot u a candidate ror eearsellsrrars councilmember by riling with the City Secretary not more than ninety (90) days nor las than thirty (30) days prior to the date of election an applieatioa In substantially the fol- lowing form; r 1, do hereby declare that I am a candidate for the Council of the t City of Denton and request that my name be printed upon the orAclal Ballot for that of rice in the nt xt City election. / am aware of the nepotism law, chapter 573 of the Oov- Page S c i I ernment Code. 1 am qualified to serve on the Council with respect to the qualifications set forth in the Charter. I reside at Denton, Texas. Signed The foregoing petition was filed with the City Secretary on the day of City Secretary (b) As an alternative method, any qualified person may be nominated for eewteibm ' councilmember by a written petition signed by thirty (34) the greater of wnty flve (25) qualified voters of the City or one-half of one percent of the total vote received by all candidates for mayor to the more recent mayoral general election, provided the candidate signs the petition cer- tifying his or her acceptance. One such petition shall be circulated and sighed for each nominee or candidate. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify it. Nominating petitions shall be filed with the City Secretary not more than ninety (90) days not less than thirty (30) days before the election day, and shall be in substantially the following form: We, the undersigned electors of the City of Denton, hereby nominate whose residence address Is as a candidate for Gouneiimart Councilmember of the City of Denton, to be voted for at the election to be held on the day of ; and we individually certify that we are qualified to vole for a candidate for the Council, Name Address Date of Signing (Spaces for dhiMy (39) the greater ojhvenry flue (15) or one•baljojoRe percent of the total vorer received for candidates jar Alayor signatures and required data) Acceptance of Nomination f am qualified to serve on the Council of the City of Denton with respect to the quatifica (ions set forth In this Charter. i hereby accept the nomination for Cewteilowi Coursed- member and agree to serve if elected. t 1 , Signature of Candidate (j j Page 6 t • I Statement of Circulator I The undersigned is the circulator of the foregoing petition containing! signatures. Each signature was appended thereto in my presence and Is the genuine sig- nature of the person whose name it purports to be. Signature of Circulator Address of Circulator The foregoing petition was filed with the City Secretary on the day of City Secretary AMENDMENT NO.9 That Article III of the Charter shall be amended by amending subsections (a) and (b) of Section 3.04 "Canvass: Election retums, results" so that the same shall hereafter read as follows: Sec. 3.04, Canvass: Election returns, results. (a) Immediately after counting the votes, the presiding judge shall deliver the official retums of the election to the City Secretary. On !he moot! "Wood"i Fellawims As As Not earlier than the third day or later than the sixth day after the election or as otherwise required by the Election Code and all other applicable laws, the City Council shall canvass the retums and declare the results, The retums of every municipal election shall be recorded In the minutes of the Council. (b) The candidates receiving the majority of the votes cast for each place shall be de- clared elected. If no candidate receives a majority, or if there Is a tie for any one place, the Council shall order a seeend runoff el,xtion to which shall be held neIaterdtao-As-tvtwtly- eighth not earlier than the twentieth or later than the thirtieth day after the dare the final canvass of the regular election is completed or as otherwise required by the Election Code and all other applicable laws. Only the names of the candidates who tie for the highest number of votes cast for that place, or the two (2) candidates who receive the highest number of votes with neither having a majority of votes cost for that place, shall be printed on the ballot for each election. In the event of a tie vote at the aeaeed rungf'election, the , candidates who tie shall cast lots.tn the presence of the City Secretary to determine which cne ' shall be declared elected, and said lots shall be cart within five (S) days of the aasesl ru;toJf election in accordance with Section 1018 of the Election Code and all other applicable laws. Page 7 I _ i C 1 AMENDMENT NO. 10 That Article VI of the Charter shall be amended by amending Section 6.03 "Municipal court" so that the same shall hereale- read as follows! Etc. 6.03. Municipal Court. (a) There is hereby established a court which shall be known as the "Municipal Court No. 1 of the City of Denton". The Municipal Court Mo. 1 shall have the jurisdiction and be con- ducted as a municipal court of record to accordance with Feenons Texas Codes Annotated Texas Government Code subchapter FF, chapter 30, JJJ0,1211 through 30.01233 Inclusive and appli- cable stare law as there laws may now read or hereafter be amended. in the mamse press snd eudReriead by low, All costs and fines imposed by the Municipal Court shall be paid into the City treasury for the use and benefit of the City. The City Council may, by ordinance, create ad- ditional municipal courts or municipal courts of record if so authorized under the provisions of applicable law, (b) The " Municipal Judge shall preside over the Municipal Court. The t i1y Munlei- pal Judge shall be a qualified attorney-at-law licensed to practice in the State of Texas er*per- in good standing and shall hasty such other qualii1tations as required by subchapter FF of chapter JO of the Texas Government Code and other applicable laws as these laws may now read or hereafter be amended. He or she shall be appointed by, and shall serve at the pleasure of the Council. The Gity Municipal Judge shall receive such compensation as may be fixed by the Council. The A& nicipal Judge shall have all the powers and duties assigned to a mun leipaliudge by the Charter, other City ordinances, subchapter FF of chapter 30 of the Texas Government Cods, or other ap- plicable state laws. , (c) There shall be one regularly scheduled session of the court each week and as many other sessions as, in the discretion of the City Municipal Judge, may be necessary for the timely transaction of the business of the court, (d) The Council may appoint such assistant GiNy municipal judges or additional COY mu. 1 nicipal judges as may be necessary to perform the duties of the Municipal Court or a temporary City municipal judge to act for the City Municipal Judge in the case of his or her temporary ab. + sence or disability, and such assistant, additional, or temporary Gisy munlcipal judge shall re. ceive such compensation as may be set by the Council. All such arsistant, additional, or tempo- rary municipai Judges, when appointed, shall have all of the other powers and duties assigned to the Afunicipal Judge herein. r AMENDMFNT NO.11 That Article Vtt of the Charter shall be amended by amending Srctlon 7.01 "Property subject to tax" and deleting Section 7,02 "Payment, delinquency, penalties'", Section 7.03 "Sei- Page 8 zure and sale of property for delinquent taxes", and Section 7.04 "Tax lien", and renumbering the remaining sections of Article VII accordingly, so that the same shall hereafter read as follows; See. 7.01. Property subject to tax. The City Council is authorized to levy and collect taxes, to seize and sell propertyfor de- linquent tares, to create tax liens, and to exercise all other powers and authority pursuant to the Tax Code, Vernon's Texas Codes Annotated and all other applicable laws as they now read or i may hereafter be amended, seribed by state low. t 8etebet~ I2 easessmenh law inihe ease Ordelinquen! gales Md eaw"Iy lose of M 4110 Cretins" Miy ppevidd by Wh*M00, see. 7.0i Beigov-0 "ad We of Ay for delloqMOMMeoft shell be I a bidder a! !he (Mm deep of Gky Nall sAep Aa assessor emd fall Merlin sk-On tke!W ekhs 61"0 neMine M8Ih$F nNia t d) A snleef r O ufebeelrle 611" she-prepetty, A and-tltt petim-do me vapeek em reweve buildings -shall Pat he Issued wan!" all !ass this all Owsh I,repemy have been Page 9 I ' G M t i liflilmem! Wes, as Feevided In Ghopise S, :;i&;@ 28, as mew or hersaller amended, of the Re~-issd. , -142rJY See.; 04 TAX 1118. 15 1% is % 660101 5-ON URIA 6NO 1089 WO libld. Pdl lion Shall Ila PAOF 10 611 91W SWIN0, and NO silh 1146T AMENDMENT NO. 12 That Article Vill of the Charter shall be amended by emending Section 8.04 "Public hearing on budget" so that the same shall hereafter read as follows: ' Sec. S.U. Public hearing an budget. The Council, sAir Sk-ing e!- nev spapeFeAhe Giiys shall hold a public hearing on the proposed budg MwWobalil"Isfeew Any taxpayer of the municipality may attend and, r,gy participate in the hearing, which shall be set for a date after the /3`A day after the date the proposed budget is filed with the city secretary but before the date the City Council makes its tax levy. The Council shall provide for public notice of the date, time, and location of the hearing. A addition to this notice, the City Council shall publish notice before the public hearing related to the budget in at least one newspaper of general circulation in Denron County. This notice shall be published not earlier than the thirtieth or later than the , tenth day before the date of the public hearing. The City Council shall provide such other notice as may be required by state and all other applicable law, The City Council may make such changes in the budget that it considers warranted by the law or by the best interests of the mu- ntcipal taxpayers eppeerdeeitbble and may increase or decrease the items of the budget provided the total pro- posed expenditures shall not exceed the total anticipated revenue. AMENDMENT NO. 13 chat Article Vill of the Chatter shall be amended by amending Section 8.05 "Adoption of budget" so that the same shall hereafter read as follows: t, Sec. 8.05. Adoption of budget. i The budget shall be finally adopted by the favorable totes of at lead a majority of all members of the Councilst! Was! WR (10) day! bikpe ihi and 6661 fisOW yo after the conclu- sion of the public hearing. Should the Council take no final action at the conclusion of the public Page 10 e 1 hearing and leas! lerl 69) days before the end of the fiscal year, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council. AMENDMENT NO. 14 That Article Vill of the Charter shall be amended by amending Section 8.07 "Transfer of appropriations" so that the same shail hereafter read as follows: See. 8.07. Transfer of appropriations. At any time during the fiscal year, the City Manager may at any, time transfer any part of i the unencumbered appropriation balance or parties the entire balance thereof between programs or general classifications of expenditures within an office, department, et agency, or organiza- tional unit. At any time during the fiscal year, at the request of the City Manager and wilmn A im! three months of the budge! yams, a the Council may by resolution transfer any pars of the unencumbered appropriation balance or peetien the entire balance thereof from one office, de- partment, of agency, or organizational unit to another, Ab1ENDMENT NO. IS That Article IX of the Charter shall be amended by amending subsection (a) and deleting subsection (d) of Section 9.01 "Power to issu: bonds" so that the same shall hereafter read as fol lows: See. 9.01. Power to Issue bonds. (a) The City of Denton shall have the right and power to issue general obligation bonds to finance any capital project which it may lawfully construct or acquire or for any other legiti- mate public purpose. The general obligation bonded debt of the City shall only be increased by the consent of the mafoeiy of the qualified voiers of the City voting at an election held for that purpose. A bond election shall be ordered and notice given by ordinance, consistent with the requirements for holding elections set forth in Article 111 of this Charter and in accordance wish the applicable laws of the State of Texas as they now read or may hereafter be amended. (b) The City shall have the po+ser to issue revenue bonds against the anticipated reve. noes of any municipally-owned utility or other self-liquidating municipal Atnction to pay the debt incurred on account of such utility or function. In no event shall revenue bonds be consid• ered an Indebtedness of the City not be repaid from bonds secu.cd by taxation. (c) No bonds or warrants shall be issued to fund any overdraft or indebtedness Incurtcd I for current expenses of the City goremmu nt. ` t (d) No Fove"We band issue in amself efello Million dokss (61,0w".00) shial Iss4f. deeedby the Gi i ' - Page 11 ~ , r f P % AMENDMENT NO. 16 That Article IX of the Charier shall be amended by amending subsr-tion (a) of Section 9.02 "Bond ordinance and election" so that the same shall hereafter read as follows: Sec. 9.02. Bond ordinance and election. (a) After approval by a majority of the qualified property taxpaying voters voting at an general obligation bond election called for the purpose of authorizing the issuance of borne gen- eral obligation bonded debt, the City shall authorize the issuance of such bonds by a bond ordi- nance passed by an affirmative vote of a majority of all members of the Council. Ae Cuy Council may appro.x the issuance of revenue bonds without on election by authorizing the issu- once of such bonds by bond ordinance passed by an aM,-marive vote of the majority of all mem- bers ofthe Council. AMENDMENT NO. 17 That Article x of the Charter shall be amended by amending subsection (a)(6) Section 10.03 "Planning and zoning commission: Powers and duties" to that the same shall hereafter read as follows: See. 10.03. Planning and zoning commission.- Powers and duties. (a) The Planning and Zoning Commission shall: I (6) Submit annually to the City Manager, not lest than &soy (90) sLvty (60) days prior to the beginning of the budget year, a list of recommended general obliga. tion capital Improvements which in the opinion of the Commission ought to be constructed during the forthcoming live year'period. (Such list shall be ar- ranged in order of preference, with recommendations as to which projects should be constructed In which year, and the City Manager shall forthwith tarnish a copy of such recommendations to each member of the Council.) AMENDMENT NO. 18 That Article X of the Charier shall be amended by amending Section 10.05 "Legal effect of mister plan" so that the same shall hereafter read as follows: See. 10.05. L egal effect of mager pion. No street, park, or other public way, ground or spate, no public building or structure end no public utility whether publicly or privately owned, shall be constructed or tuthorUcd in the Csty "OF Shall &My pool propipl)_ be eoqlLl#@& by 1ho City, until and unless the loesdon and extent Page 12 r 1 i . 1 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 reasons to the Council, which shall have the power to overrule such disapproval, and, upon such overruling, the Council or the appropriate office, department, or rgency shall have the power to proceed. Ths widening, ' , at ehmge in the use of any sites! se the so's 9; #A) P AMENDMENT NO. 19 That Article X of the Charter shall be amended by amending Settion 10.07 'Board of Adjustment" so that the same shall hereafter read as follows: Sec. 10.07. Board of Adjustment. daei nieg-thereof shag attbeeadYM Md !we (2) nwmlbsps look 1% an "liffibrFed ).IN 4ey shall llrys Wiihow! pay, M-bear 44 6ivil Sisk"ear f* ' G(* , open t»e imS is "i mush potion, md Wet sold hosr4oig, Wthe bewd sk i'somem is aFthe spirJen Ohs! As 1116 F81A Of 19 POP111il SMOV69M 19 dinance. At City Council shall by crdinance establish a Board of Adjustment which shall consist of at leaet seven (7) members ~ ho shall have the qualocallonr, powers, and dutiet and sent for the terms provided by the City Council in an ordinance creating rhs Board. All current members , r d of tie !'card ojAdjusimen, and the Board shall continue to serve under the current pr ovular of 1 ti;e City Charter until such ordinance creating the Board is enacted and effective. Page 13 ' t I t kMENDMENT No. 20 That Article XI or the Charter shall be amended by amending Section 11.02 "Park and Recreation Board" so that the same shall hereaRer r:ad as follows: Sec. 11.02. Park nod Recreation Board, 4 o4pay (2) Y$erg, tder<-dts ~A L- HOW The City Council shall by ordinance establish a board w hich shale the Council on parks and recreation and which shall consist of at !cast seven (7) residerts of the City who shall have the qualifications, duties, and powers andserve for the terms provided by the City Council to the ordinance creating the board. All current tnembets of the Parks and Rec• reation Board and the Board shall con ;'.,r, to Verve under the current provisions of the City Charter until the ordinance creating the Board is enacted and effective, reee Hirny deals spprept4nw 911jesvep so all "Wisis PANO 16 is so! ht --s Maims emlie" ho! tilieanerlnetifeGeherait genelea~e~(,a~park 0M Pass ON' GCONWOMW W! 000"01*6404AMWPI now bead PPOWis, for heffin AMENDMENT N0.21 That Article X1I of the Charter shall be amended by amending subsection (b) of Section t 11,01 " Genertd powers respecting utilities" so that the same shall hereafter read as Nlows: Page 14 t Sec. 12.01. General powers respecting utilities. (b) In addition to such public utilities as it may now own, the City of Denton may own, ac- quire, construe maintain, and operate any other public utility that may be appiem-ed by a FROed ef !he qualified veiem eAhe City vetirig iiiereref al m eleeiien hold fop sueh pun*"; and shall have power for the purpose of operating and maintaining any such utility, and for distributing such serv• ice throughwt the City or any portion thereof, but in such any condemnation proceedings brought to acquire such public utility no allowance shall be made for the value of any franchise and only the actual physical assets shall be purchased by the City. AMENDMENT NO. 22 That Article XIl of the Charter shall be amended by amending Section 12.04 "Disposal of utility properties" so that the same shall hereafter read as follows: Sec. 12.04. Disposal of utility properties. No sale, convounce, lease, or disposal other alienation of the entire assets of any utility system or any part thereof essential to continued effective utility service, shall ever be made un- less such sale, lease, or disposal is approved by a majority vote of all the qualified eWmm voters toting in an election held jot that purpore in the City of Denton. AMENDMENT NO, 23 That Article XIi of the Charter shall be amended by amending Section 12,07 "The public utilities board" so that the same shall hereafter read as follows: Sec. 12.07. The public utilities board. (a) There Is hereby created a public utilities board to be composed of A"-M seven (7` members, or as many members as there are councilmembers, whichever it greater, appointed by the Council for four-year terms and until their respective successors have been appointed and qualified, it"s , (4) o Poe yeaf + few (4) yeam. Mem- bers of the board may be removed by the Council only for cause and only after charges have been filed and published and the member has been given a reasonable opportunity to defend himself in an open public hearing before the Council. Vacancies shall be filled for any unex• pared term In the same manner as provided for regular appointments, (b) The city manager and director of utilities sh;dl be ex offMo members of the be ard. They shall attend all meetings of the board and shall have tho right to discuss any matter that is under consideration by the board but shall have no vota, Page 13 t I (c) Members of the public utilities board shall have the same qualifications as are re- quired by membership on the City Council. (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. Any three (3) of the regularly appointed 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 open is the pubiie conducted in accordance with the Texas Open bfeetings Act, chapter JJ! of the Texas Government Code, at it may now read or hereafer be amended and all other applicable laws and a permanent record of proceedings maintained. AMENDMENT NO. 24 That Article ni of the Charter shall be amended by amending Section 13.03 "Franchise tax" so that the same shall hereafter read as follows: Sec, 13.03. Franchise la*fee. The holder or grantee of any franchise or license to use public streets, alleys, highways, or other public property may be required, as compensation for the right or privilege enjoyed, to pay to the City of Denton each year such reasonable sum (not less than two percent (2%) of the gross receipts of the business pursued by the holder of the franchise earned for service rendered in the City of Denton), or to pay compensation, rent, or any other fee or charge authorized by law, including, without limitation, specific charges per service line, access line fem, and all other legally permissible charges for the use of its streets, alleys, highways, and other public property, as the Council may determine by ordinance or by contract with any such utility, which compensation shall be in addition to all ad valorem and corporation taxes paid by the utility. AMENDMENT NO. 25 That Article XIV of the Charter shall be amended by amending Section 14,04 "Personal interest" so that the same shall hereafter read as follows: i Sec. 14.04. Personal Interest. NA AM for of Imp leyeI elite *Yt „ to of by the City of My lind, in . '~49 OF 10M4011, 8011ar! an lsshalkf Ae Was? OF 0FAr 85'001 AAY w4if0l v1611168" OFIhil 8001 i OR Ohm!l 98"Milv" mIllia""ll fol iffidor md my effiv r{ei~we oFW st peeltient Any gsicer or em- ployee of the City having a substantial interest in a business entity or real property, as those terms are defined In chapv r 171 of the reads Local Government Code as it now reads or may hereafter be amended, shad c omply with chapter 171 and, if necessary, shall abstain frog t voting Page 16 E i t III I i I I { on a matter involving the business entity or real property and file an affidavit setting forth the substantial interest in the matter to be voted upon. Abf NDMENT NO. 26 That Article XIV of the Charter shall be amended by amending Section 14.13 "Amending the Charter' so that the same may hereafter read as follows: Sec. 14.13. Amending the Charter. Amendments to this Charter may be framed and submitted to the voters of the City in the manner provided by 4M Vernon's Texas Codes Annotated. Texas Local Government Code Chapter 9 and all other applicable laws, as they now read or may hereafter be amended. SECTION IL That the form of the ballot shall be substantially as follows: PROPOSITION NO. I - Annexation: Shall Section 1.03 of Article I of the City Charter be amended to substitute the requirement of a majority vote of the City Council for the cwmt four- fifths vote of the Council necessary to annex land or otherwise alter the City of Denton' boundaries? YES NO PROPOSITION NO.2 - Dispgsal of Utilyn: Shall Section 1,05 of Article I of the City Charter and Section 12,64 of Article XII of the City Charter be amended to provide that the City may not sell, lease, mortgage, or otherwise alienate the entire assets of any utility system or any essential portion thereof without the approval of a majority of all the qualified voters voting at an election held for that purpose and to correct statutory references? YES NO PROPOSITION NO.3 - Notice of Claim: Shall Section 1.06 of Article I of the City Charter be amended to increase the thirty-day notice of claim for personal injury or property damages to ninety days and to require the claimant to provide his or her residence address, the names and { addresses of all witnesses known at the time who he or she relies upon to establish a claim for damages, and other information pertaining to the claim? YES NO I PROPOSITION NO. 4 - Gender Neulral: Shall Article I of the City Charter be amended by adding s new Section 1.07 so that the Charter becomes gender neutral by extending all references in the Charter to the masculine gender to apply also to females and where applicable to firms, partnerships, and corporations? Page 17 I YES NO PROPOSITION NO.5 - Municipal Elections: Shall Article If and Article III of the City Charter be amended by amending Section 2.02 requiring each member of the Council to be a registered voter and to have the minimum eligibility requirements for a municipal officer set forth in the state law, reside for one year prior to the election in a single member district for which the per- son is wining; to eliminate the requirements that a councilmember not be in debt to the City, not be interested in the emoluments of any contract or transaction v dth the City, and not be an officer or director of a public service corporation, and to require forfeiture of the office upon ceasing to possess these qualifications or upon conviction of a felony; by amending Sections 2.04 and 3.01 to require municipal elections to be held on uniform election dates in accordance with applicable laws; by amending Sections 3.02, and 3.04 to acknowledge awareness of nepotism laws in the petition to nominate a candidate for councitmember, changing the required number of signatures on the petition, and to require canvassing and the holding of a runoff election in compliance with applicable laws? YES NO PROPOSITION NO.6 - Municipal Court: Shall Section 6.03 of Article VI of the City Charter be amended to require that Municipal Court No. I be established a; a municipal court of record and that the Municipal Judge and all assistant municipal judges be licensed attorneys and have the qualifications and the powers when appointed required by applicable state law? YES NO PROPOSITION NO. 7 - Taxatio : Shall Section 7.01 of Article VII of the City Charter be { amended to provide the City's power to tax shall be consistent with the Tax Code and to delete Sections 7.02, 7.03, and 7.04 regarding the payment, collection, levying, seizure, and sale of property for delinquent taxes, delinquency penalties, and establishment of tax liens, and to re- number the remaining sections, so that these matters will be governed by the Tax Code and other applicable laws? YES NO PROPOSITION NO. S - BIWW: Shall Article Vill of the City Charter be amended bX amend- ing Secticrrs 8.04 and 8.05 to provide for a public hearing on the budget after the 15 day the proposed budget is filed with the City Secretary but before taxes are levied; to provide for notice to be published in accordance with applicable laws; to provide for adoption of the budget after the public hearing; allowing the proposed budget to take effect if the Council takes no action be- fore the end of the fiscal year; allowing Co,utcil to make changes in the budget; and amending Section 8.07 to authorize transfer of certai-, unencumbered funds within and between offices, departments, agencies, and organizational u6ts during the fiscal year? '.'ES NO Page 18 r M NIOPOSITION NO.9 - )ids: Shall Sections 9.01 and 9.02 of Article 1X of the City Chatter be wriended to require general obligation bond debt ofthe City to be increased only by consent of the majority of the qualified voters of the City voting in an election for that purpose, and to eliminate the requirement for a revenue bond issue in excess of one million dollars to be ap- proved by a non-binding referendum election? YES NO PROPOSITION NO. :0 - Planning Commission: Shall Article X of the City Charter be amended by amending Section 10.03(a)(6) to reduce the number of days prior to the beginning of the budget year that the Planning Commission must submit a list of recommended general obli- gation cPpital improvements to be constructed during the forthcoming five-year period to the City Manager from 90 days to 60 days; amending Section 10.05 to eliminate the requirement for the Planning Commission's approval on all purchases and sales of real property anti on widen- ing, vacating, or changing streets? YES NO PROPOSITION NO. 11 - Deletion of Board of 'went: Shall Article X, Section 10.07 of the City Charter be amended by deleting the Board of Adjustment from the City Charter and re- quiring that the City Council, by ordinance, establish a Board of Adjustment rznsisting of at least seven members having the qualifications, powers, duties, and terms established by the City Council, and providing that the current Board of Adjustment shall continue to function under these provisions of the Charter until the ordinance creating the Board of Adjustment is effective? YES NO PROPOSITION NO. 12 - Deletion of Parks and Recreation Board: Shall Article XI, Section 11.02 of the City Charter be amended by deleting the Parks and Recreation Board from the City Charter and requiring that the City Council, by ordinance, establish a board to advise the Council on parks and recreation matters consisting of at least scven members having the qualifications, powers, duties, and terms established by the City Council, and providing that the current Paris \ and Rec read on Board shall continue to function under these provisions of the Charter until the !I ordinance creating the Board is effective? YES _ NO PROPOSITION NO. 13 - New Utilities: Shall Section 12.01 of Article XU of the City Charter be amended by authorizing the City to own, acquire, construct, maintain, turd operate any other public utility without the necessity of having that decision approved by a majority of qualified voters voting therefore at an election held for such purpose? YES NO ! r i Page 19 I c. i PROPOSITION NO. 14 - EXpan ion of Public Utilities Board: Shall Article XII, Section 12.07 of the City Charter be amended by expanding the Public Utilitits Board from five to seven mem. bers or as many members as there are councilmembers, whichever is greater, and requiring all meetings of the Board to be held in accordance with the Texas Open Meetings Act and all other applicable laws? YES NO PROPOSITION NO. 15 - l:[itaktNLE Shall Section 13.03 of Article XM of the City Char- ter be amended by requiring the grantee of any franchise or license to use stints or other public property granted by the City to pay a fee not less than 2% of the gross receipts, or any other fee or charge authorized by law, including access line fees, which the City may legally charge for use of its streets or other public property? YES NO PROPOSITION NO. 16 - Conflict of Interest: Shall Section 14.04 of Article XIV of the City Charter be amended by eliminating the current conflict of interest requirements and substituting the requirement that any City officer or employee having a substantial interest in a business en- tity or real property , as those terms are defined by chapter 171 of the Texas Local Government Code, shall comply with chapter 171 and, if necessary, shall abstain from voting on a matter on which the person has a substantial interest and file an affidavit setting forth the substantial inter- est in the matter to be voted upon? YES NO PROPOSITION NO. 17 - Statutory Reference: Shall Section 14.13 of Article XIV of the City Charter be amended to correct statutory references? YES NO SECTION III. That the election shall be conducted at the same time anti in the same manner with the same elections officers as prescribed in Ordinance No. 99-056 calling the gen- eral election on May 1, 1999, for the election of cotmcilmembers for Districts 1, 2, 3, and 4. The physical means of voting, the designated polling places, and the officers shalt be the same as those prescribed in Ordinance No. 99-056. SECTION IV. That early voting shall be conducted in the same mariner, at the same lo- cation, and on the same dates and time as provided in the aforementioned adinance for the gen- eral election or. May 1, 1999. , r' $ECu:.,N V. That said election shall be held under the provisisa;r. of the Charier of the t City of Denton, the Constitution and the laws of the State of Texas, the Voting Rights Act of 1965, as amended, Insofar as trey may be applicable. Page 20 t SELMION VI. That this ordinance shall constitute the order and nary serve m notice of the election and shall be published and noticed in accordance with the general election ordinance and all applicable laws. SECTION VII. 7 hat 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 ordinance may be published in pamphlet form and shall be admissible in such form In any court, as provided by law. SECTION VIII. That 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 uncon- stitutional, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Deacon hereby declares that they would have enacted such re- maining portions despite any sub invalidity. SECTION Ix. That the City Council has found and determined that the meeting at which this resolution is considered is open to the public and that notice thereof was given in ac- cordance with the provisions of the Texas open meetings law, Tex. Gov't Code eh. 531, as amended, and that a quorum of the City Council was present. SECTION X. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _ ,1999. 1 W ER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED AS TO LEGAL FORM: W MEAT L. PROVEY, CITY ATTORNEY BY: Page 21 C z. Ap * AOtl~dlt IMIn ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION TO ELECT FOUR CITY COUNCILMEMBERS HELD IN THE CITY OF DENTON ON MAY I, 1999; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council finds and declares that the bray 1, 1999 regular municipal election was duly ordewd for the purpose of electin, four councilhnemben to Places 1, 2, 3, and 4; that proper notice of said election was duly given and election officials appointed; that the election was duly held aml the returns of the election officials have been delivered to the Council, all in accordance w;.h the laws of the State of Texas and the Charter and ordinances of the City of Denton. SECTION J], The official returns of the election officials having been opened, examined, and canvassed, and the Council hereby finds and declares that ballots were cast at the election, and that the votes cast for each place on the Council were as follows: EARLY VOTING: FOR PLACE I: Carl 0. Young, Sr. votes W. Salty Rishel _.votes FOk PLACE 2: G,fg Winkle votes Neil L. Durrance votes FOR PLACE 3: Mike Cochran votes FOR PLACE 4: Peny McNeill votes Joe Dodd voter, . Sandy Kristoftrson r es 1+'~ Don White otcs t c~ REGULAR VOTING: ff FOR PLACE 1: Carl G. Young, Sr. votes W. Salty Rishel votes FOR PLACE 2: Greg Winkle votes Neil L. Durrance votes FOR PLACE 3: Mike Cochran votes FOR PLACE 4: Perry McNeill votes Joe Dodd votes Sandy Krisioferson votes Don While votes I TOTAL VU ES CAST: FOR PLACE 1: Carl G. Young, Sr. votes W. Salty Rishel votes FOR PLACE 2: Greg Winkle votes 3 Neil L. Durrance votes FOR PLACE 3: Mike Cochran votes FOR PLACE 4: i Perry McNeill votes Joe Dodd votes Sandy Kristoferson votes Don White votes Page 2 a r, u s SECTION 111. The Council rinds and declares that each candidate listed below received a majority of the votes cast for each place on the Council and that each candidate listed below is hereby declared to be elected to the City Council of the City of Denton: FOR PLACE 1: FOR PLACE 2: FOR PLACE 3: Mike Cochran FOR PLACE 4: and the candidates shall assume the duties of their office on the date that they take the official oath of office. SECTION 1V. That 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. S51, as amended, and that a quorum of the City Council was present. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WAI TERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CIT Y AT 0PNEY r~' I BY: ~ (A' l; F .MMbp ttllQs Gzvmnu AL'w,„'vPm.w eiwfw Oee I{ l Page 3 f f e. _i A I END OF FILE I 4 i~ Y ~r 1 r (J