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Home My WebLink About2017-11-20 Agenda with BackupCit of Denton City Hall Y 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Monday, November 20, 2017 10:30 AM Work Session Room After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Closed Meeting on Monday, November 20, 2017 at 10:30 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Closed Meeting: A. ID 17-1620 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071 Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of various tracts in the City of Denton, Denton County, Texas, and generally located on the west side of the 2000 block to the 2600 block of South Mayhill Road, Denton, Texas for City infrastructure improvements. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition or release of real property interests in the tracts described above, and the status and strategy of litigation styled City of Denton, Texas v. Robert P. Donnelly, Cause No. 17-5939-158, currently pending in the 158th District Court of Denton County, Texas, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or litigation. B. ID 17-1635 Deliberations regarding Real Property - Texas Government Code Section 551.072; Consultation with Attorneys - Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the lease and use of 1001 S. Mayhill Rd., Buildings 101 and 102, and 1301 S. Mayhill Rd., Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with lease and use of said property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. Page 1 Printed on 11/17/2017 City Council Meeting Agenda November 20, 2017 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to consider the following items. 1. ITEMS FOR INDIVIDUAL CONSIDERATION — CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. ID 17-1633 Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of fee simply title to the surface estate, including a waiver of surface use to the mineral estate of an 18.969 acre property tract ("Property Interests"), situated in the David Hough Survey, Abstract 646, in the City and County of Denton, Texas, and more particularly described in the attached Exhibit "A;" Authorizing the City Manager and City Attorney, or their respective designees, to acquire the Property Interests by agreement including making initial and final offers; authorizing the use of the power of eminent domain to condemn the Property Interests if an agreement cannot be reached; and Authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; Authorizing the expenditure of funds; Making findings; Providing a savings clause; and Providing an effective date. (Mayhill Road Project) Attachments: Exhibit 1 - AIS - Mayhill Road ED.pdf Exhibit 2 - Area Map.pdf Exhibit 3 - Tract Map.pdf Exhibit 4 - Mayhill Road Project - Recommended Motion.pdf Exhibit 5 - Mayhill Road ED Ordinance.pdf 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 17-1585 Consider adoption of an ordinance canvassing the returns and declaring the results of the municipal election to amend the City Charter of the City of Denton on November 7, 2017; entering an order in the records of the municipality declaring that the Charter amendments are adopted; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Charter -Canvass Ordinance.pdf 3. CONCLUDING ITEMS Page 2 Printed on 11/17/2017 City Council Meeting Agenda November 20, 2017 A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2017 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1 -800 -RELAY -TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Page 3 Printed on 11/17/2017 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEYPIN Legislation Text File #: ID 17-1620, Version: 1 AGENDA CAPTION Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071 Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of various tracts in the City of Denton, Denton County, Texas, and generally located on the west side of the 2000 block to the 2600 block of South Mayhill Road, Denton, Texas for City infrastructure improvements. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition or release of real property interests in the tracts described above, and the status and strategy of litigation styled City of Denton, Texas v. Robert P. Donnelly, Cause No. 17-5939-158, currently pending in the 158th District Court of Denton County, Texas, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or litigation. City of Denton Page 1 of 1 Printed on 11/17/2017 powered by I-eg;gl;>karI City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEYPIN Legislation Text File #: ID 17-1635, Version: 1 AGENDA CAPTION Deliberations regarding Real Property - Texas Government Code Section 551.072; Consultation with Attorneys - Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the lease and use of 1001 S. Mayhill Rd., Buildings 101 and 102, and 1301 S. Mayhill Rd., Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with lease and use of said property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. City of Denton Page 1 of 1 Printed on 11/17/2017 powered by I-eg;gl;>karI City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEYPIN Legislation Text File #: ID 17-1633, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of fee simply title to the surface estate, including a waiver of surface use to the mineral estate of an 18.969 acre property tract ("Property Interests"), situated in the David Hough Survey, Abstract 646, in the City and County of Denton, Texas, and more particularly described in the attached Exhibit "A;" Authorizing the City Manager and City Attorney, or their respective designees, to acquire the Property Interests by agreement including making initial and final offers; authorizing the use of the power of eminent domain to condemn the Property Interests if an agreement cannot be reached; and Authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; Authorizing the expenditure of funds; Making findings; Providing a savings clause; and Providing an effective date. (Mayhill Road Project) City of Denton Page 1 of 1 Printed on 11/17/2017 powered by I-eg;gl;>karI City of Denton D NTON AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects/Legal CM/ DCM/ ACM: Mario Canizares/Aaron Leal DATE: November 20, 2017 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Consider an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of fee simply title to the surface estate, including a waiver of surface use to the mineral estate of an 18.969 acre property tract ("Property Interests"), situated in the David Hough Survey, Abstract 646, in the City and County of Denton, Texas, and more particularly described in the attached Exhibit "A;" Authorizing the City Manager and City Attorney, or their respective designees, to acquire the Property Interests by agreement including making initial and final offers; authorizing the use of the power of eminent domain to condemn the Property Interests if an agreement cannot be reached; and Authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; Authorizing the expenditure of funds; Making findings; Providing a savings clause; and Providing an effective date. (Mayhill Road Project) BACKGROUND The Mayhill Road Widening and Improvements Project is presently underway (the "Road Project") In July 2017, the City hired Todd Estes as City Engineer. In the intervening months, Mr. Estes has reviewed the capital improvement projects being planned and constructed throughout the city, including the Road Project. Mr. Estes determined that in the interest of public welfare and safety, the proposed bridge will provide grade separation between vehicle and rail traffic. Additionally, the road project should include flood control and storm water improvements which were not part of the original road design. The necessary improvements impact property not previously indicated for the Road Project. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by negotiations or, after attempts to negotiate have been exhausted, exercise the City's eminent domain authority to acquire the identified land rights for the Road Project at hand. OPTIONS 1. Approve the proposed Ordinance. 2. Decline to approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. ESTIMATED SCHEDULE OF PROJECT The Mayhill Road Widening and Improvements Project has been awarded for construction and is presently underway. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council considered the use of eminent domain authority for the necessary property acquisition during a closed session on November 14, 2017. FISCAL INFORMATION The overall Mayhill Road Project is being funded with a combination of Regional Toll Revenue (RTR) funds and is matched by Denton County and City of Denton local funds. The Road Project costs for the Property Interests sought are to be funded through a combination of RTR and City of Denton funding sources. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family -Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.1 Continuously improve the quality of City roadways EXHIBITS 1. Agenda Information Sheet 2. Area Map 3. Tract Map 4. Recommended Motion 5. Ordinance Respectfully submitted: Mario Canizares Assistant City Manager Prepared by: Trey Lansford Deputy City Attorney Todd Estes City Engineer N w E Area Map - 18.969 acre tract S City of Denton, Texas N w E Tract Map - 18.969 acre tract S City of Denton, Texas S:\Legal\Our Documents\Ordinances\17\Mayhill Road Project - ED Motion.docx WITHIN City Council Agenda Item I.A. ID 17-1633 "I move that the City of Denton, after having made the offers required by State law, use the power of eminent domain, if needed, to acquire fee simple to a 18.969 acre tract of land being situated in the David Hough Survey, Abstract No. 646, City of Denton, Denton County, Texas, and more particularly described on "Exhibit A" to the ordinance now under consideration and on the overhead screen being now displayed to the audience, all of which is for a valid public use necessary to provide the expansion and improvement of Mayhill Road, a municipal street and roadway located in the City of Denton, Texas, and for flood control and storm water improvements necessitated thereby for the public safety and welfare, to serve the public and citizens of the City of Denton, Texas." S:ALegal\Our Documents\Ordinances\17\Mayhill Road Project - Eminent Domain Authorization.doex ORDINANCE NO. 2017 - AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE, NEED, AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO THE SURFACE ESTATE, INCLUDING A WAIVER OF SURFACE USE TO THE MINERAL ESTATE, OF AN 18.969 ACRE PROPERTY TRACT ("PROPERTY INTERESTS"), SITUATED IN THE DAVID HOUGH SURVEY, ABSTRACT 646, IN THE CITY AND COUNTY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A;" AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY, OR THEIR RESPECTIVE DESIGNEES, TO ACQUIRE THE PROPERTY INTERESTS BY AGREEMENT INCLUDING MAKING INITIAL AND FINAL OFFERS; AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN TO CONDEMN THE PROPERTY INTERESTS IF AN AGREEMENT CANNOT BE REACHED; AND AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO FILE EMINENT DOMAIN PROCEEDINGS IF NECESSARY; AUTHORIZING THE EXPENDITURE OF FUNDING; MAKINGS FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Mayhill Road Project) WHEREAS, the City Council of the City of Denton ("City Council") after consideration of this matter, has determined that a public use and necessity exists for, and that the public welfare and convenience requires, the acquisition of the Property Interests by the City of Denton, Texas ("City"). The City Council finds that the acquisition of the Property Interests is a valid public use necessary to provide the expansion and improvement of Mayhill Road, a municipal street and roadway located in the City of Denton, Texas, and for flood control and storm water improvements necessitated thereby for the public safety and welfare (collectively, the "Project"), to serve the public and the citizens of the City. WHEREAS, the City is required to make an initial offer as defined by, and in compliance with, Texas Property Code §21.0111 ("Initial Offer"), and a bona fide offer, as defined by, and in compliance with, Texas Property Code §21.0113 ("Final Offer") to acquire the Property Interests for public use, voluntarily, from the subject landowner(s) before beginning the acquisition of the Property Interests by eminent domain; and WHEREAS, an independent professional appraisal report of the Property Interests will be submitted to the City as required by Chapter 21 of the Texas Property Code, and the City Manager or his designee will establish a certain amount determined to be just compensation for the Property Interests based on the appraisal and fair market value of the Property Interests and any applicable fees necessary to acquire the Property Interests; and WHEREAS, the City Council deems it necessary to authorize the City Attorney to initiate condemnation proceedings in order to acquire the Property Interests if an agreement cannot be reached with the subject landowner(s) for the purchase of the Property Interests; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: Section I. The City Council finds that the recitals made in the preamble of this Ordinance are true and correct, and incorporates such recitals into the body of this ordinance as if copied in their entirety. Section II. The City Council authorizes acquisition of the Property Interests, covering the land more particularly described in the attached Exhibit "A," for the reasons and purposes set forth above together with all necessary appurtenances, additions, and improvements on, over, under, and through the Property Interests. Section III. The City Council authorizes the City Attorney, or his designee, to negotiate for and to acquire the required property rights in the Property Interests for the City, and to acquire these rights in compliance with State and any other applicable law. The City Attorney, or designee, is specifically authorized and directed to do each and every act necessary to acquire the needed property rights in the Property Interests including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts and conveyance documents, to retain and designate a qualified appraiser of the Property Interests to be acquired and any other experts or consultants that he deems necessary for the acquisition process, to retain qualified outside litigation counsel as needed, and, if necessary, to institute and conduct all parts of the proceedings in eminent domain in accordance with the laws and procedures of the State. Section IV. The City Manager, or his designee, is appointed as negotiator for the acquisition of the needed Property Interests and, as such, the City Manager, or designee, is authorized and directed to do each and every act and deed specified or authorized by this Ordinance, subject to the availability of funds appropriated by the City Council for such purpose. The City Manager, or designee, is specifically authorized to establish and make offer(s) of just compensation for the acquisition of the Property Interests. If an agreement as to damages or compensation cannot be reached, then the City Attorney, or designee, is authorized and directed to file or cause to be filed, against the subject landowner(s) and interested parties of the Property Interests, proceedings in eminent domain to acquire the Property Interests. Section V. It is the intent of the City Council that this Ordinance authorize the City Manager and City Attorney, or their designees, to perform all steps necessary to obtain the Property Interests necessary for the Project, whether through negotiation or condemnation, including the expenditure of funds. Section VI. If it is determined that there are scrivener errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney or his designee is authorized to have such errors corrected or revisions made without the necessity of obtaining a new City Council Ordinance authorizing condemnation of the corrected or revised property. Section VII. In the event that Special Commissioners appointed by the Court during condemnation proceedings return an award that is the same amount or less than the amount offered by the City for just compensation, the City Attorney is hereby authorized to settle the lawsuit for that amount. Section VIII. Following an award by the Special Commissioners, the City Finance Director is hereby authorized to issue a check from the appropriate fund in an amount not to exceed the Special Commissioners' award payable to the County Clerk of Denton County to be deposited in the registry of the Court to enable the City to take possession of the subject property without further action of the City Council. Section IX. If any section, article, paragraph, sentence, phrase, clause, or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. Section VII. This Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED this the day of , 2017. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: EXHIBIT "A" BEING 19.969 acres of land located in the DAVID HOUGH SURVEY, Abstract No. 646, Denton County, Texas, being the same tract of land as conveyed to Rozella A. Putnam by the deed recorded in Volume 1586, Page 45 of the Deed Records of Denton County, Texas. Said 19.969 acres being more particularly described by metes and bounds as follows. BEGINNING at a % inch iron rod in the centerline of Mayhill Road at the Southeast corner of said Putnam Tract, also being the Northeast corner of a tract of land conveyed to Andrew Corporation, by the deed recorded in Volume 912, Page 797, Deed Records of Denton County, Texas, also being the Southeast corner of said Hough Survey, THENCE, South 87 degrees 13 minutes 28 seconds West, 774.08 feet along the North line of said Andrew Corporation Tract and the South line of said Hough Survey to a '/z inch iron rod in the Northeast right-of-way line of the M K T Railroad, THENCE, along said Northeast right-of-way line as follows: 1. North 47 degrees 59 minutes 44 seconds West, 87.69 feet to a'/2 inch iron rod, 2. North 50 degrees 49 minutes 23 seconds West, 101.67 feet to a '/z inch iron rod, 3. North 53 degrees 56 minutes 53 seconds West, 101.75 feet to a '/2 inch iron rod, 4. North 57 degrees 13 minutes 33 seconds West, 67.68 feet to a % inch iron rod at the Southwest corner of aforesaid Putnam Tract, also being the Southeast corner of a tract of' land conveyed to Don V. Cunningham and wife, by Deed recorded in Volume 653, Page 146, Deed Records of Denton County, Texas, THENCE, North 00 degrees 00 minutes 04 seconds East, 641.34 feet to a''/z Inch Iron rod in the South line of a tract of land conveyed to E. P. Jeske by the deed recorded in Volume 1386, Page 377, Deed Records of Denton County, Texas, also being the Northeast corner of said Cunningham Tract, TI-f13NCE, North 87 degrees 34 minutes 46 seconds East, 1,051.76 feet to a '/2 inch iron rod in the center line of aforesaid Mayhill Road, also lying in the West survey line of the G. Walker Survey, Abstract No. 1330, THENCE, South 01 degrees 36 minutes 49 seconds West, 869.50 feet along said survey line and the East boundary line of said Putnam Tract to the PLACE OF BEGINNING and containing 19.969 of land, more or less, LESS AND EXCEPT that certain 1.0 acre tract of land previously conveyed by Robert P. Donnelly to the City of Denton, Texas by General Warranty Deed on the 22nd day of'Jan_ uary, 1998, which deed is recorded at Volume 4015, Page 1 156 of the Real Estate Records of Denton County, Texas, leaving 18.969 acres, more or less, remaining in this tract. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'rIN Legislation Text File #: ID 17-1585, Version: 1 AGENDA CAPTION Consider adoption of an ordinance canvassing the returns and declaring the results of the municipal election to amend the City Charter of the City of Denton on November 7, 2017; entering an order in the records of the municipality declaring that the Charter amendments are adopted; and providing an effective date. City of Denton Page 1 of 1 Printed on 11/17/2017 powered by I-eg;gl;>karI City of Denton city Hale 41"X"Alw�215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: City Secretary's Office CM/ DCM/ ACM: Deputy City Manager Langley DATE: November 20, 2017 SUBJECT Consider adoption of an ordinance canvassing the returns and declaring the results of the municipal election to amend the City Charter of the city of Denton on November 7, 2017; entering an order in the records of the municipality declaring that the Charter amendments are adopted; and providing an effective date. BACKGROUND The City Council ordered an election on August 15, 2017 for the purpose of submitting Charter amendment propositions to the voters. This ordinance formally canvasses the results of the election of November 7, 2017. EXHIBITS Exhibit 1 - Ordinance Respectfully submitted: Jennifer Walters City Secretary OlegaRour (I ocumentsAordinances\1 7\canvam charter cleetion. do o ORDINANCE NO. AN ORDINANCE CANVASSINGTHE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL ELECTION TO AMEND THE CITY CIIARTI R OF THE CITY OF DENTON ON NOVEMBER 7, 2017; ENTERING AN ORDER IN THE RECORDS OF 'rHE MUNICIIIALIJ`Y DECLARING THAT`ITIS CHARTER AMENDMENTS ARE ADOPTED; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OFTHE CITY OF DE TON HEREBY ORDAINS: I ' QN ' I ' . The City Council finds and declares that the Noveniber 7, 2017 election to amend the City Charter was duly ordered for the purpose of" sitbo-dUing five (5) pr(:)posidons to the citizens of the City for amendments to the Cilly Charter; (hat. J")ropor llotitse of this election was duly t,;iven and c1cclion officials i:ij�jiointc(]; arid thaL the electiori was duly held and the returns of the eleclion oflicials have been dchvc�red to the Cmrncil, all in accorda lice With 111C laws of the State of `.Texas and the Charter and ordinances or the City of Denton. SECTION 2. The official returns of the election officials having been opened, examined, and canvasscd, awl the Council hereby finds and declares that 4,899 ballots were cast at the election, and that the votes cast for each proposition on the ballot for the City Charter election were as follows: TOTAL EARLY VOTES CAST: I)ROPOSITION A. SHALL SECTION 2.02 OF THE CITY CHARTER BE AMENDED TO CLARIFY THAT COUNCILMEMBER RESIDENCY QIJALIFICATIONS APPLY TO THE COUNCIL MEMBER' S DOMICILE (PRINCIPAL RESIDENCE), TIE THE COUNCILMEMBER MUST HAVE RESIDED FOR AT` LEAST ONE YEAR PRIORTO THE ELECTION? Yes 1019 No 118 111T0110SITJON 13. SHALL SEC'T'ION 4.13 OF THE CITY CHARTER BE AMENDED TO INCREASE THE PERCEN'T'AGE OF PETITIONERS REQUIRED TO TRIGGER A RECALL ELECTION FROM TWENTY-FIVE PERCENT(25%) TOTHIRTY-FIVE PERCENT (35%)? sAle.wAour 71canvass chuter dcuflon.doc PR,QPQS,l-'..F-l-QN C. SHALL SECTION 6.04 OF THE CITY CHARTER BE AMENDED TO CLAR- IFYTHAJ-1'141, INTERNAL CITY AUDITOR SHALL BE A PERMANENT, FULL-TIME POSITION AND CLARIFY THE RESPONSIBILITIES? PROPOSITION D. SIJALL SECTIONS 14.04 AND 14.05 OF THE CITY CIIAfCf'ER BE REPEALED AND REPLACED WITH A PROVISION REQUIRING THE ADOPTION OF AN ETHICS ORDINANCE BY THE CITY COUNCIL IN ACCORDANCE WITH TEXAS LAW AND ADHERES TO CERTAIN MINIMUM STANDARDS? PROPOSITION E. SHALL A SECTION BE ADDED TO THE CITY CI AIXER PROVIDING FOR COUNCIL MEMBERS TO RECEIVE AN INITIAL MONTHLY STIPEND OF SEVEN HUNDRED FIFTY DOLLARS ($750.00) AND THE MAYORTO RECEIVE AN INITIAL MONTHLY STIPEND OF ONE THOUSAND DOLLARS ($1,000.00) DURING THEI RESPECTIVE TERMS OF OFFICE AND PROVIDING FOR RESTRIC'I.,IONS ON SUBSEQUENT INCREASES TO THE STIPEND AMOUNT? Yes J,,.1'74 No 930 TOTAL REG ULA R VOTES CAST: Proposition A. Yes 2598 No 120 Proposition- B. Yes --9.79 No J,7 -2.3 - Proposition C. Yes 2f',12771 No 411 Proposition D, Yes 1,310.16 No 340 Page 2 sAlegnhour documents ordinances\1 Acanviss chailer clectjon.dn Proposition E, Yes 115.3 6, No 1,120 TOTAL VOTES CAST. Proposition A. Yes 41( .0_Z No 2.38 Proposition 13. Yes 1 9 4 J. - No 21,895. Proposition C. Yes No 72(i Proposition RYes 129 No Proposition E. Yes 2,710 No 2.,050 SEX"TION 3. The City Council rinds and declares that: Propositions A, C, D, and E were pos,sed and the City (Barter is hercby arilended in accord.11:1oc with flicse Propwd(ions, and that Propositiorl B Was dcFeWc.d, Tlie (.ity Council pi-opositioa \Vliich is to be a nc\V scetion ill tlic ("I'larter, Section,2.14 lor codificatiori and reference p1,1rpWS1QS. SECTION 4, In accordance with Tex, Loc. Gov't Code §9.005, this Ordinance shall constitute ai) order that Propositions A, C, D, and E and all the amendments therein referenced being Amendinents A, C, D, and E set Borth in Section I of a conformed version of Ordinance No. 2017-237, slwvving all "rinlendirients, Which is iricorporated herein and 11"Ode ", 11,811 Or this ordinance [err all purposcs, are. ldolm,ed and have been 1pl1rove(l I)y ,j jjle"jjorjty of the (lutilifled volers oftlic City of Miltoll Nvlio voted *,,it file 01cclion to corlside'r. Ille Propositions to arnetl(] the C,Ay Ch,,irter, and that Proposition B and ttic aiiilendnmit thorcill 1-cfereoccd tls Arnendilleld 13 Sol, k:)rth in Section I oi'said Ordinance was not adopted 1,)y the rrllj�orfty orf! -lo qualffiod vok"I.S. The City Secretary is hereby directed to entera Full alid correct copy or this Ordinal i(;,eand Or dirvillce 2017 237 into the offlicial miriutes of dimsoiceling and it shall become anofticial record of the City of Denton. 8F,CT0N l 5, Tlie City S'ecrolary is licreby directc.cj 10 ,�ejj(,j It) (11c 1,;ecroary of S(,,ite a cedi hed c 1. o I I . y 01 - _ Ordiiiatice No, 2017-237, with a ce.rtifiied cq)� Of 0lis Ordiri(Illee c""Invossirip One showing 0 1e " 01i"; 6xflou �,uid certified copies or (lie anientle(J (_,ji, articiidinents by showing the additional kingu.,lge as underlined and with deleted laiigulagc as strike outs, and one with deleted rcnim?ed and new language in nortmal tyj)e,,J`ace, The Citykcret,,,try is hereby directed to record in the City Atte cretory's Off"ice the Charter arnetidnients - adopted by the voters of the ("ity, and to provide a coiil'ornied version of the Chat, [or with (he Page 3 Olegal\our docunienMordinances\1 Aconvim charier clection,doc amendments to be available to all rnernbers of the public in accordance with Tex. Loc. Gov't Code §9.008. Sli VIJON (i. 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 quor-um of the City Council was present, SECTION 7. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the . ..... . . . . . ............ . '1201.7, ATTEsT: JENNIFER WALTERS, CITY SECRETARY M KMOW, ISIOAV ARM BY: ... ..... MMI, City of Denton Proposition A Denton County Constitutional Amendment fkJoint Elections II/7/2OI7 Page 1o*z City of Denton Proposition C Election Day Election Day Choice Party Absentee Voting Early Voting 240 8276% Voting Yes 4093 287 97.9596 1733 93.93% 2588 95.57% No Cast Votes: G 2.05% 112 6.07% lZO 4.4396 14 Cast Votes: 293 I00.00Y6 1844 100D0Y6 2708 100.00Y6 I Unden/otes II 13 30 Oven/otes: O U 0 City of Denton Proposition B Election Day Choice Party Absentee Voting Early Voting Voting Yes 160 55.17% 802 43.49% 979 36.23% No l]O 44.83% 1042 565I96 1723 83.77% Cast Votes: 290 100.00Y6 1844 100.00Y6 3702 I00.00% Undemotec 14 I] 34 Ovprvotec O O Z City of Denton Proposition C Election Day Choice Party Absentee Voting Early Voting Voting Total Yen 240 8276% 1576 85.51% 2277 8471% 4093 84.93% No 50 17]4Y6 365 143996 411 1529Y6'726 15.07% Cast Votes: 290 IOOOOY6 l84I IOO�OOY6 �688 IOO�00�� - 4819 - 100.00%� Undervotec 14 Ih 49 � //79 Overvotes O O I l - � City of Denton Proposition D Denton County Constitutional Amendment & Joint Elections 11/7/2017 Page 2 of 2 City of Denton Proposition E Election Day Choice Party Absentee Voting Early Voting Voting Yes 267 90.51% 1555 86.25% 2306 87.15% No 28 9.49% 248 13.75% 340 12.85% Cast Votes: 295 100.00% 1803 100.00% 2646 100.00% Undervotes: 8 54 91 Overvotes: 0 0 1 City of Denton Proposition E Election Day Choice Party Absentee Voting Early Voting Voting Tota Yes 172 58.11% 1002 55.42% 1536 57.83% 2710 56.93% No 124 41.89% 806 44.58% 1120 42.17% 2050 43.07% Cast Votes: 296 100.00% 1808 100.00% 2656 100.00% 4760 100.00% Undervotes: 7 49 80 136 Overvotes: 0 0 2 2 *RDINANCE NO. 20,17-23;L •,•, # # • ..# #. ri . , �•• ,116 � WHEREAS, the Denton City Charter was last amended in 2009; and WHEREAS, the City Council finds that the proposed Charter amendments are in the public interest and do not contain more than one subject each; NOW, THEREFORE, SECTION 1. In accordance with the provisions of Tex. Loc. Gov't Code §9.004, there shall be submitted to the voters of the City of Denton, Texas, at an election to be held on November 7, 2017, the following amendments to the Home -Rule Charter of the City of Denton, Texas, which is shown by showing those portions which will be retained in normal type, the deleted text in the existing Charter being shown as strikeouts, and new or additional text shown as underlined: Article II, Section 2.02 (a) of the Charter shall be amended to read as follows: I 1 � (a) Each member of the council, in addition to having the other qualifications prescribed by law: (1) Shall be registered to vote in the city; (2) Shall havedomiciled, 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, or at large place five (5) requiring r esidknw-,.y a domicile in district one (1) or two (2), or at large place six (6) requiring resideney S:\Legal\Our Documents\Miscellaneous\17\Charter Review Committee\Ordinance Calling 2017 Charter Amendment Election - BH Rev - Clean.doc It 3loinici�le in district three (3) or four (4), as set forth in Section 2.0 1, for at least c lue ,4 t!jLeccding (tls o h:1°,_ejecti�`ai in the district in which elected; further, shall continuously reside lac doinlciled within the corporate limits of Denton and, if elected within a single member geographic district, or at large place five (5) requiring ) doiiiicFile in district one (1) or two (2), or at large place six (6) requiring i!esideney "a doin ciie in district three (3) or four (4), in the district in which elected throughout his or her term of office. (3) Shall not hold any other public office of emolument; (4) Shall have and maintain the eligibility requirements for municipal officers set forth in 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. :►� Article IV, Section 4.13 (a) of the Charter shall be amended to read as follows: Sec. 4.13 - Filing and certification of petitions, recall election. (a) All papers comprising a recall petition shall be assembled and filed with the city secretary as one instrument. Within seven (7) days after a petition is filed, the city secretary shall determine whether each paper bears the names of five (5) electors who constitute a comi,riittee of the l e�titioners, and the required aftidavit of the circulator thereof, and whether the petitioii is signed by qualified voters of the constituency of the cotiucilinet'ri ser av11cm removal is socight equal in numbcr to at least. trvc�r�ty-tivu (5) ihsr[;y,_I1ve .(K) l)crcent of the number of the votes cast [or that councilnielnber and all of his opponents in the last preceding general municipal election in which he was a candidate. As used herein "constituency" shall mean the qualified voters eligible to vote for the councilmember whose removal is sought, either by geographical district or at large, as the case may be. Article VI, Section 6.04 of the Charter shall be amended to read as follows: Sec. 6.04 - City Internal aAuditor. llle at �IINitor-.allall 11111tol wl .tl e otl,e&armilta44c�1v�� t tl�ew111ea�1►1e ��1 tl�e c -1� y �lr!�ul�.l��ltl a lvc zt tl�t ,la.assil�l�ct(. lN�c,ii , (ct�c if�ld shall„c;16rflr� �1�c11t _ �� . �Ic111.11�� eNv14.1�,�, lrcr .�.. ;"�` ��- �_ �. �” � �1lclwtor ��rw�1N lac, �� o>,nted � + the t 1t orll� c(�m�c111�t.1 or ��s t�� .�.____ flrc Cat 11�dcI11�11 by the C oupc11. The os„ tion of the C>t .. Internal Auditor >s t p o be held car a continuous, fulltime Page 2 S:\Lega]\Our Doculiieiits\Miscellaneous\17\Charter Review Committee\Ordinance Calling 2017 Charter Amendment Election - Bli Rev - Clean.doc basis. On ,,in interim basis,. ...... -the ("Ity %,A) J1 in "i etij)U)c external in endent aticlit to accomplish the Internal Audit function, The Internal Auditor is reSDonsible fo >n de providing„„( a a i deDendent C"Mpyaisal of City ty rig, 0 -... -- - operations -IO -ensure policies. procedures are in Dkice and complied with. inclusive of _An . . ..... - —Haat- --------------------- - and -elial c� mlrdLa�i M inforllj'"iI ion that is accilrale and i j )l Uc:, assets circ, j)_S jis k .s identified and jxlinn-niz- an C �tha( resotirces aused ed econonlica ffi kind eciently, and thathe t (11 i ty e�b obqctives are bein _ achieved. The (: S:\Legal\Our Documents\Miscellaneous\17\Charter Review Committee\Ordinance Calling 2017 Charter Amendment Election - BH Rev - Clean.doc Council inay.,... �� cl��1r<1te (l1,°C1111a'11��C*, w�fal�aov ., �%r� �1��"��n1 fit: in the stil��ljd..q19 1i.jore �'" take effect until11 �la.cted 1t, 111�. ne _ �t 1tw �.�� uc com ensatlon s a t f1�eauen��c Shan once t17� i�,��sa� e_lVl z n®..�lncllcas �1111.�._ s coninie nent of* at � ..... _ m t Il lil�J 1 -...:. ...tlletl.. lctl�t� r� 1nr 1; trot tll1111a111tt the stie,1�111d,atlll iD1'eC1tt of"tl� t1e11.. current �l l � id amount unless„ �a arc lay a two-thirds � 1 vote of the Council. The „st�end _1 11Ved. m sl ll r rted 1n the aiinL1,11 t,�ty jLLcl t t_L_ �) SCI? aK911;1 1 1tc I'll, SECTION 2. The form of the ballot shall be substantially as follows: SECTIONSHALL 1 OF # • TO CLARIFY THAT COUNCILMEMBERRESIDENCY QUALIFICATIONS APPLY • •# (PRINCIPAL ELECTION?COUNCILMEMBER MUST HAVE RESIDED FOR AT LEAST ONE YEAR PRIOR TO THE YES NO YES NO SECTIONSHALL • 14 OF A' BE AMENDEDTO CLARIFY THAT CLARIFYINTERNAL CITY AUDITOR SHALL BE A PERMANENT, FULL-TIME POSITION ANJ • P• YES NO SHALL SECTIONS 14.04 AND 14.05 OF THE CITY CHARTER BE REPEALE]k AJI'D REPLACED WITH A PROVISION REQUIRING THE ADOPTION OF AN ETHICS ORDINANCE BY THE CITY COUNCIL IN ACCORDANCE WITH TEXAS LAW AND 4,DHERES TO CERTAIN MINIMUM STANDARDS? YES NO SALegal\0ur Docuii7eiits\Miseellaneoiis\17\Charter Review Cornrnittee\Ordinance Calling 2017 Charter Amendment Election - BH Rev - Clean doc PROPOSITION E. SHALL A SECTION BE ADDED TO THE CITY CHARTER PROVIDING FOR COUNCILMEMBERS TO RECEIVE AN INITIAL MONTHLY STIPEND OF SEVEN HUNDRED FIFTY DOLLARS ($750.00) AND THE MAYOR TO RECEIVE AN INITIAL MONTHLY STIPEND OF ONE THOUSAND DOLLARS ($1,000.00) DURING THEIR RESPECTIVE TERMS OF OFFICE AND PROVIDING FOR RESTRICTIONS ON SUBSEQUENT INCREASES TO THE STIPEND AMOUNT? YES NO SECTION 3. The election and early voting shall be conducted at the time and in the manner specified in an agreement between Denton County and the City regarding election process and practices, with the general election being held on November 7, 2017. SECTION 4. The election shall be held under the provisions of the Charter of the City of Denton, the Constitution and the laws of the State of Texas, the Voting Rights Act of 1965, as amended, insofar as they may be applicable. SECTION 5. This Ordinance shall constitute the order and may serve as notice of the election and shall be published and noticed in accordance with all applicable laws. SECTION 6. The caption of this Ordinance shall be published in a newspaper of general circulation in the City of Denton, in compliance with the provisions of the law. Further, this Ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. Sl-,'CTlON 7 [fany sectloll, subsection, paragraph, sentence, ekitise, phrase, or word ill this Ordinance, ot, application thercof to any l)erson or circtjinstance is held to be uncoiislil[Lition,'il, such holding shall not affect tile validity of the 1`ejyjaiiiitig portions of this Ordinance, the City Council of the City of Denton hereby declares that they would have enacted such remaining portions despite any such invalidity. SE(..`TN 10' 8,. The City Council has found and determined that the meeting at which this Ordinance , i ., s - considered , is open to the public and that notice thereof was given in accordance with the provisions of the Texas open meetings law, Tex. Gov't Code ch. 551, as amended, and that a quorum of the City Council was present. SECTION 9. This Ordinance shall become effective immediately upon its passage and approval. Page 5 S:\Legal\Our Documents\MiscellaneOLIS\17\Cliarter Review Cornmittee\0rdinance Calling 2017 Charter Amendment Election ® BH Rev - Clean.doc PASSED AND APPROVED this the day of 2017. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 10-M a 11 1 1 111 111 — I•ILTAK4111M.W.AAA110 9 - BY: