HomeMy WebLinkAbout25-041ORDINANCE NO. 25-041
AN ORDINANCE ORDERING A SPECIAL ELECTION FOR THE PURPOSE OF
SUBMITTING PROPOSED CHARTER AMENDMENTS TO THE REGISTERED VOTERS
OF THE CITY OF DENTON REPLACING ALL INSTANCES OF GENDERED LANGUAGE
WITH NON-GENDERED LANGUAGE; RESOLVING CONFLICTS WITH STATE LAW
AND N40DiFYrNG VAGUE OR UNCLEAR LANGUAGE, AND INCREASING THE TERM
OF THE MUNICIPAL JUDGE FROM TWO YEARS TO FOUR YEARS; TO BE HELD ON
MAY 3, 2025; PRESCRIBING THE TIME, MANNER, AND CONDUCT OF THE SPECIAL
ELECTION IN ACCORDANCE WITH A JOINT ELECTION AGREEMENT AND
CONTRACT FOR ELECTION SERVICES WITH THE ELECTION ADMINISTRATOR;
PRESCRIBING THE FORM OF THE BALLOT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Denton City Charter was last amended in 2017; and
WHEREAS, the City Council finds the proposed Charter amendments are in the public
interest and do not contain more than one subject each; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
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 a special charter election to be held on
May 3, 2025, amendments to the Home-Rule Charter of the City of Denton, Texas and the form
of the ballot shall be substantially as follows:
PROPOSITION A
SHALL THE CITY CHARTER BE AMENDED TO REPLACE ALL INSTANCES OF
GENDERED LANGUAGE WITH NON-GENDERED LANGUAGE?
YES NO
PROPOSITION B
SHALL THE CITY CHARTER BE AMENDED TO RESOLVE CONFLICTS WITH
STATE LAW AND MODIFY VAGUE OR UNCLEAR LANGUAGE?
YES
PROPOSITION C
NO
SHALL THE TERM OF THE MUNICIPAL JUDGE BE INCREASED FROM 2 YEARS
TO 4 YEARS?
YES NO
SECTION 2. The proposed amendments to the Home-Rule Charter of the City of Denton are
attached as Exhibit A and are shown by including those amended portions of the existing Charter
which will be retained in normal type, the deleted text in the existing Charter being shown as
strikeouts, and new or additional text to the existing Charter shown as underlined.
SECTION 3. The polling places shall be designated by the Denton County Elections
Administrator (the “Elections Administrator”) in accordance with the provisions of a joint
election agreement and contract for election services (the “Agreement”) with the Elections
Administrator. The locations of such polling places are set forth in Exhibit B, attached hereto.
Exhibit B shall be modified to include additional or different election day polling places
designated by the Elections Administrator and to conform to the Agreement.
SECTION 4. Early voting shall be conducted by personal appearance at the locations, dates and
times set forth in Exhibit C, attached hereto, and during the early voting period as required or
permitted by law. Exhibit C shall be modified to include additional or different early voting
locations designated by the Elections Administrator and to conform to the Agreement.
SECTION 5. The most accurate information on election day and early voting locations and voting
times can be found or obtained by visiting the Denton County webpage noted below or contacting
said County as noted:
Denton County Elections Administrator
701 Kimberly Drive, Suite A100
Denton, Texas 76208
(940) 349-3200 – Phone
(940) 349-3201 – Facsimile
elections(g}dentoncounty.com
https://www.votedenton.com/upcoming-election-information/
SECTION 6. The Elections Administrator shall serve as the early voting clerk in accordance with
the terms of the Agreement. The main early voting location for the election shall be at the
following address :
Denton County Elections Administrator
701 Kimberly Drive, Suite A100
Denton, Texas 76208
SECTION 7. The manner of holding such election and all questions pertaining thereto shall be
governed by the Charter of the City of Denton, the Constitution and election laws of the State of
Texas, the Voting Rights Act of 1965, as amended, insofar as they may be applicable.
SECTION 8. 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 unconstitutional, such
holding shall not affect the validity of the remaining 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.
SECTION 10. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by Paul Meltzer and seconded by Vicki Byrd;
this Ordinance was passed and approved by the following vote [ 7 -0 ]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
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PASSED AND APPROVED this the 14th day of January, 2025 ./4.
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY ,\\\11111IIION
BY : dalaI,Rah:h
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
ORDENANZA NUM. 25-041
ORDENANZA QUE DECRETA UNA ELECCION ESPECIAL CON LA FINALIDAD DE
PRESENTAR MODIFICACIONES PROPUESTAS RESPECTO A LOS ESTATUTOS A LOS
VOTANTES REGISTRADOS DE LA CIUDAD DE DENTON PARA QUE SUSTITUYAN
TODOS LOS CASOS DE LENGUAJE CON SESGO DE GENERO POR LENGUAJE SIN
SESGO DE G£NERO; QUE RESUELVE CONFLICTOS CON LA LEY ESTATAL Y QUE
MODIFICA EL LENGUAJE VAGO O CONFUSO; QUE AUMENTA EL PERIODO DEL JUEZ
MUNICIPAL DE DOS A CUATRO ANOS; QUE SE CELEBRARA EL DIA 3 DE MAYO DE
2025; QUE DICTAb41NA EL HORARIO, LA MODALIDAD Y LA EJECUCION DE LA
ELECCION ESPECIAL, DE CONFORMIDAD CON UN ACUERDO ELECTORALCONJUNTO Y UN CONTRATO DE SERVICIOS ELECTORALES CON EL
ADMINISTRADOR ELECTORAL; QUE DICTAMINA LA b40DALIDAD DE LA BOLETA
ELECTORAL; Y QUE DISPONE UNA FECHA DE ENTRADA EN VIGOR.
POR CUANTO, los Estatutos de la Ciudad de Denton se modificaron por altima vez en el
ano 2017; y
POR CUANTO, el Concejo Municipal considera que las modificaciones propuestas a los
Estatutos son de inter6s pablico y no incIuyen mas de un tema cada una; POR LO TANTO,
EL CONCEJO DE LA CIUDAD DE DENTON DECRETA LO SIGUIENTE:
SECCION I. De conformidad con las disposiciones de la Secci6n (§) 9.004 del C6digo de
Gobierno Local de Texas, se presentar£n a los votantes de la Ciudad de Denton (Texas), en una
elecci6n especial respecto a los Estatutos que se celebrara el dia el 3 de mayo de 2025,
modificaciones a los Estatutos de Autonomfa de la Ciudad de Denton (Texas). La modalidad de la
boleta electoral sera en esencia la siguiente:
PROPUESTA A
ZSE DEBEN MODIFICAR LOS ESTATUTOS DE LA CIU.DAD PARA SUSTITUIR
TODOS LOS CASOS DE LENGUAJE CON SESGO DE GENERO POR LENGUAJE
SIN SESGO DE GENERo?
si NO
PROPUESTA B
ZSE DEBEN MODIFICAR LOS ESTATUTOS DE LA CIUDAD PARA RESOLVER
CONFLICTOS CON LA LEY ESTATAL Y MODIFICAR EL LENGUAJE VAGO 0
CONFUSO?
si NO
PROPUESTA C
iSE DEBE AUMENTAR EL PERIODO DEL JUEZ MUNICIPAL DE 2 A 4 A&OS?
SI NO
SECCION 2. Las modificaciones propuestas a los Estatutos de Autonomia de la Ciudad de
Denton se adjuntan como Anexo A y se muestran mediante la inclusi6n de aquellas partes
modificadas de los Estatutos existentes, que se conservaran en tipografia normal, el texto
eliminado en los Estatutos existentes se muestra como tachado y el texto nuevo o adicional a los
Estatutos existentes se muestra como subrayado.
SECCION 3. Los lugares de votaci6n ser£n designados por el Administrador Electoral del
Condado de Denton (el “Administrador Electoral”), de conformidad con las disposiciones de un
acuerdo electoral conjunto y un contrato de servicios electorales (el “Acuerdo”) con el
Administrador Electoral. Las sedes de dichos lugares de votaci6n se establecen en el Anexo B,
adjunto al presente documento. El Anexo B se modificara para incluir lugares de votaci6n
adicionales o diferentes para el dia de la elecci6n designados por el Administrador Electoral y
para cumplir con el Acuerdo.
SECCI6N 4. La votaci6n anticipada se llevara a cabo mediante comparecencia personal en las
sedes, fechas y horarios establecidos en el Anexo C, adjunto al presente documento, y durante el
periodo de votaci6n anticipada conforme lo exija o permita la ley. El Anexo C se modificar£ para
incluir sedes de votaci6n anticipada adicionales o diferentes designadas por el Administrador
Electoral y para cumplir con el Acuerdo.
SECCION 5. La informaci6n mas exacta sobre eI dia de la elecci6n, las sedes de votaci6n
anticipada y los horarios de votaci6n se puede encontrar u obtener visitando la pagina web del
condado de Denton que se indica a continuaci6n o comunic£ndose con dicho condado como se
indica
Administrador Electoral del Condado de Denton
701 Kimberly Drive, Suite A100
Denton, Texas 76208
Te16fono: (940) 349-3200
Fax: (940) 349-3201
elections@dentoncounty .com
https://www.votedenton.com/upcoming-election-information/
SECCI6N 6. El Administrador Electoral actuar£ como secretario de votaci6n anticipada, de
conformidad con los t6rminos del Acuerdo. La sede principal de votaci6n anticipada para las
elecciones se ubicara en la siguiente direcci6n:
Administrador Electoral del Condado de Denton
701 Kimberly Drive, Suite AIOO
Denton, Texas 76208
SECCION 7. La modalidad de celebraci6n de dicha elecci6n y todas las cuestiones al respecto se
regir£n por los Estatutos de la Ciudad de Denton, la Constituci6n y las leyes electorales del Estado
de Texas, la Ley de Derechos Electorales de 1965, con sus modificaciones, en la medida en que
sean aplicables.
SECCION 8. Si cualquier secci6n, subsecci6n, p£rrafo, oraci6n, cl£usula, frase o palabra de esta
Ordenanza, o su aplicaci6n a cualquier persona o circunstancia, se considera inconstitucional,
dicha decisi6n no afectara la validez de las partes restantes de esta Ordenanza. El Concejo
MunICIpal de la CIUdad de Denton declara por la presente que habria prornulgado dlchas partes
restantes a pesar de dicha invalidez.
SECCI6N 10. Esta Ordenanza entrara en vigor inmediatamente tras su promulgaci6n y
aprobaci6n.
La moci6n para aprobar esta Ordenanza fue formulada por Paul Meltzer y secundada por
Vicki Byrd; la Ordenanza fue promulgada y aprobada por la siguiente votaci6n [ 7 - 0 ]:
Si No Abstenci6n Ausente
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Gerard Hudspeth, alcalde:
Vicki Byrd, Distrito 1 :
Brian Beck. Distrito 2 :
Paul Meltzer, Distrito 3 :
Joe Holland, Distrito 4:
Brandon Chase McGee,
posici6n en general 5 :
Jill Jester, posici6n en general 6:
PROMULGADA Y APROBADA c1 dia 14th de Enero de 2
miA
L\\\\\ tIll IItLAURA THODEN. SECRETARIA DE LA CIUDAD
I{ACII£EINWANJr:bOJ\BI]LJYI}IU£A)D ] [
POR: _
POR:M a
EXHIBIT A
Proposed Amendments to the Home-Rule Charter of the City of Denton, Texas
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 a special charter election to be held on May 3, 2025,
amendments to the Home-Rule Charter of the City of Denton, Texas. The following proposed
amendments to the Home-Rule Charter of the City of Denton are shown by including those
portions of the existing Charter which will be retained in normal type, the deleted text in the
existing Charter being shown as strikeouts, and new or additional text to the existing Charter
shown as underlined.
AMENDMENT A
SnALL THE CITY Cn&RTER BE AMENDED TO REPLACE ALL INSTANCES OF CENDERED
LANGUAGE WITH NON-GENDERED LANGUAGE?
If Proposition A is approved by the majority of voters voting at the election, the City Charter is
amended to read as follows:
1 Article 1, Section 1.07 of the Charter shall be amended to read as follows:
Sec. 1.07. Gender neutral.
Whenever used in this Charter, a word importing the masculine a specific gender only shall extend and be
applied to include females all genders, and, where applicable, to firms, partnerships, and corporations, as well as
naMe
2. Article II, Section 2.02(a)-(b) of the Charter shall be amended to read as follows:
(a) Each member of the council, in addition to having the other qualifications prescribed by law:
(1)
(2)
Shall be registered to vote in the city;
Shall have domiciled for at least one year next preceding the member’s election within the
corporate limits of Denton and, if running within a single member geographic district, or at large
place five (5) requiring a domicile in district one (1) or two (2), or at large place six (6) requiring a
domicile in district three (3) or four (4), as set forth in Section 2.01, for at least one year preceding
his or her the election in the district in which elected; further, shall continuously be domiciled
within the corporate limits of Denton and, if elected within a single member geographic district,
or at large place five (5) requiring a domicile in district one (1) or two (2), or at large place six (6)
requiring a domicile in district three (3) or four (4), in the district in which elected throughout hb
or her the term of office.
(3)
(4)
Shall not hold any other public office of emolument;
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.
Page 1 of 11
(b) if a member of the council shall, after being elected, cease to 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 the member shall immediately forfeit his or her office.
3. Article II, Section 2.10 of the Charter shall be amended to read as follows:
Sec. 2.10. Council not to interfere in appointments or removals.
Neither the council nor any of its members shall direct or request the appointment of any person to, or his or
henremoval from, office by any officer appointed by the city council under Section 2.08 of this Charter or by any of
his or her the officer’s subordinates. Except for the purpose of inquiry, the council and its members shall deal with
the administrative service solely through the officers appointed by the city council and neither the council nor any
member thereof shall give orders to any subordinates of the officers appointed by the city council, either publicly or
privately
4.Article II, Section 2.12 of the Charter shall be amended to read as follows:
Sec. 2.12. City secretary.
The city secretary shall be appointed by the city manager subject to the approval of the council. He-The city
secretary shall serve as clerk of the council, give notice of its meetings, keep the journal of its proceedings,
authenticate by H+the city secretary’s signature and record in full in a book kept for the purpose all ordinances and
resolutions, and perform such other duties as this charter may provide or as the city manager may assign him.
5. Article II, Section 2.13(a) of the Charter shall be amended to read as follows:
(a)Prior to the end of each fiscal year, the council shall designate a certified public accountant who, as of the
end of the fiscal year, shall make an independent audit of accounts and other evidences of financial
transactions of the city government and shall submit hbzreport to the council and to the city manager.
Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the city government
or of any of its officers. HoThe accountant shall not maintain any accounts or records of the city business,
but within specifications approved by the council, shall post-audit the books and documents kept by the
department of finance and any separate or subordinate accounts kept by any other office, department or
agency of the city government.
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6. Article III, Section 3.01(e) of the Charter shall be amended to read as follows:
(e)Neither the mayor nor any member of the council shall become a candidate for election to any position on
the council, other than for reelection to the same seat, unless such candidate shall first submit to the city
secretary A%written resignation from the council to be effective at the time of the canvass of the results
of the next regularly scheduled election. If such candidate's unexpired term would otherwise extend beyond
the date of such canvass, the city secretary shall notify the council and an election shall be held on the date
of the next regularly scheduled election to fill the unexpired term of said resigning councilmember,
7. Article III, Section 3.02 of the Charter shall be amended to read as follows:
Sec. 3.02. Nominations.
(a) Any qualified person may have his or her their name placed on the ballot as a candidate for councilrnember
by filing with the city secretary not more than ninety (90) days nor less than thirty (30) days prior to the
date of election an application in substantially the following form:
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1, , do hereby declare that I am a candidate for the Council of the City of Denton and request
that my name be printed upon the official Ballot for that office in the next city election. I am aware of the
nepotism law, chapter 573 of the Government Code. I 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 19
City Secreta
(b)As an alternative method, any qualified person may be nominated for councilmember by a written petition
signed by the greater twenty five (25) qualified voters of the city or one-half of one percent of the total
votes received by all candidates for mayor in the most recent mayoral general election, provided the
candidate signs the petition certifying his or her acceptance. One such petition shall be circulated and
signed 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 nor 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 councilmember of the City of Denton, to be voted for at the
election to be held on the day of , 19 ; and we individually certify that we are qualified
to vote for a candidate for the council.
Date of Signing
(Spaces for the greater twenty five (25) or one-half of one percent of the total votes received for
candidates for Mayor signatures and required data)
Acceptance of Nomination
I am qualified to serve on the council of the City of Denton with respect to the qualifications set forth in
this Charter. I hereby accept the nomination for councilmember and agree to serve if elected.
Signature of Candidate
Statement of Circulator
The undersigned is the circulator of the foregoing petition containing signatures. Each signature was
appended thereto in my presence and is the genuine signature of the person whose name it purports to
be
The foregoing petition was filed with the City Secretary on the day of 19
City Secretary
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8. Article III, Section 3.03 of the Charter shall be amended to read as follows:
Sec. 3.03. Official ballot.
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The city secretary shall make up the official ballot from the names presented to hknthe city secretary. The
order in which the names of the candidates for each place shall appear on the ballot shall be determined by lot in a
drawing held under the supervision of the city secretary, at which drawing each candidate or h+the candidate’s
designated representative shall have a right to be present. All official ballots shall be printed at least twenty (20)
days prior to the date of any general or special election, and absentee voting shall be governed by the general laws
of the State of Texas.
9. Article III, Section 3.04(c) of the Charter shall be amended to read as follows:
(c) Immediately after the election results have been declared the mayor shall deliver certificates of election to
the successful candidates. Each €eun€#mancouncilmember shall take the oath of office as soon thereafter
as practicable at which time He the term of office shall begin.
10. Article IV, Section 4.03 of the Charter shall be amended to read as follows:
Sec. 4.03. Form of petition, committee of petitioners.
Initiative petition papers shall contain the full text of the proposed ordinance. Referendum petition papers
shall contain the full text of the ordinance which they propose to repeal. The signatures to initiative or referendum
petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement
of the circulator thereof as provided by this section. Each signer shall sign hb the signer’s name in ink or indelible
pencil and shall give after hb the signer’s name H& the signer’s place of residence by street and number, or other
description sufficient to identify the place. There shall appear on each petition the names and addresses of the same
five (5) electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing
of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that
hethe circulator, and #the circulator only, personally circulated the foregoing paper, that it bears a stated number
of signatures, that all the signatures were appended thereto in hk the circulator’s -presence and that he- the
circulator believes them to be the genuine signatures of the persons whose names they purport to be.
11. Article IV, Section 4.04 of the Charter shall be amended to read as follows:
Sec. 4.04. Filing, examination and certification of petitions.
All papers comprising an initiative or referendum petition shall be assembled and filed with the city secretary
as one instrument. Within twenty (20) days after a petition is filed, the city secretary shall determine whether each
paper of the petition bears the required affidavit of the circulator and whether the petition is signed by a sufficient
number of qualified voters. After completing hisur examination of the petition, the city secretary shall certify the
result thereof to the council at its next regular meeting. If he- the city secretary shall certify that the petition is
insufficient #the city secretary shall set forth in hb the certificate the particulars in which it is defective and shall
at once notify the committee of the petitioners of hbthose findings.
12. Article IV, Section 4.05 of the Charter shall be amended to read as follows:
Sec. 4.05. Amendment of petitions.
An initiative or referendum petition may be amended at any time within ten (10) days after the notification of
insufficiency has been sent by the city secretary, by filing a supplementary petition upon additional papers signed
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and filed as provided in the case of an original petition. The city secretary shall within five (5) days after such an
amendment is filed, examine the amended petition and, if the petition is still insufficient, the city secretary #shall
file HHcertificate to that effect in hbthe city secretary’s office and notify the committee of the petitioners of hk
those findings and no further action shall be had on such insufficient petition. The findings of the insufficiency of a
petition shall not prejudice the filing of a new petition for the same purpose.
13. Article IV, Section 4.12 of the Charter shall be amended to read as follows:
Sec. 4.12. Recall petition, committee of petitioners.
Recall petition papers shall contain the name of the councilman counciimember (or names of the councilmen
councilmembers) whose removal is sought, and a clear and concise statement of the grounds for his (or their)
removal. There shall appear at the head of each petition the names and addresses of five electors, who, as a
committee of the petitioners shall be regarded as responsible for the circulation and filing of the petition. Each signer
of any petition paper shall sign hb the signer’s name in ink or indelible pencil and give after H&the signer’s name
H&the signer’s place of residence by street and number, or other description sufficient to identify the place, and
the date hb the signer’s signature was affixed. No signature to such petition shall remain effective or be counted
which was placed thereon more than forty-five (45) days prior to the filing of such petition with the city secretary.
The signatures to a recall petition need not all be appended to one paper, but to each separate petition there shall
be attached an affidavit of the circulator thereof that hethe circulator, and he-the circulator only, personally
circulated the foregoing paper, that it bears a stated number of signatures, that all signatures were appended
thereto in H+the circulator’s presence and that he-the circulator believes them to be the genuine signatures of the
persons whose names they purport to be.
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14. Article IV, Section 4.13 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 committee of the petitioners, and the required affidavit of the
circulator thereof, and whether the petition is signed by qualified voters of the constituency of the
councilmember whose removal is sought equal in number to at least twenty-five (25) percent of the number
of the votes cast for that councilmember and all of hk thate councilmember’s opponents in the last preceding
general municipal election in which he- the councilmember 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.
(b)If the city secretary finds the petition insufficient #the city secretary shall return it to the committee of the
petitioners, without prejudice, however, to the filing of a new petition based upon new and different grounds,
but not upon the same grounds. If the city secretary finds the petition sufficient and in compliance with the
provisions of this Article of the Charter he- the city secretary shall submit the petition and Hs the certificate
of its sufficiency to the council at its next regular meeting and immediately notify the councilman
councitmember whose removal is sought of such action.
(C)If the councilmancouncilmember whose removal is sought does not resign within seven (7) days after such
notice the city council shall thereupon order and fix a date for holding a recall election not less than thirty (30)
nor more than sixty (60) days after the petition has been presented to the council. If no general election is to
be held within this time the council shall provide for a special election.
15. Article IV, Section 4.15 of the Charter shall be amended to read as follows:
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Sec. 4.15. Results of recall election.
If a majority of the votes cast at a recall election shall be against the recall of the councilman councilmember
named on the ballot, he the councitmember shall continue in office. If a majority of the votes cast at a recall election
be for the recall of the courtc+++nan councilmember named on the ballot. he the councilmember shall be deemed
removed from office and the vacancy shall be filled in the manner prescribed in Article II, section 2.04 of this charter.
16. Article IV, Section 4.16 of the Charter shall be amended to read as follows:
Sec. 4.16. Limitations on recalls.
No petition shall be filed against a councilmember within six (6) months after he-a £ouncilmember takes
office nor against a councilmember who has been subjected to a recall election and not removed thereby until at
least six (6) months after such election. Should a regular election occur during the time when a recall petition is
current and should the person(s) being recalled be reelected, the recall petition shall be null and void.
17. Article V, Section 5.01 of the Charter shall be amended to read as follows:
Sec. 5.01. The city manager: Qualifications.
The city manager shall be chosen by the council solely on the basis of h#the appointee’s executive and
administrative qualifications with special reference to hb the appointee’s actual experience in or hb the appointee’s
knowledge of accepted practice in respect to the duties of h++the office, as hereinafter set forth, provided that any
person who is appointed city manager must have had at least two (2) years of experience as a city manager or
assistant city manager, or the equivalent thereof. At the time of h+sthe appointment hothe appointee need not be
a resident of the city or state but during h&the appointee’s tenure of office hethe appointee shall reside within the
city
18. Article V, Section 5.02(a) of the Charter shall be amended to read as follows:
(a)The council shall appoint the city manager for an indefinite term and may remove H+n the city manager by
a majority vote of its members. At least thirty (30) days before such removal shall become effective, the
council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his
the removal. The city manager may reply in writing and may request a hearing at a public meeting of the
council, which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing
of such request. Pending such hearing the council may suspend the city manager from duty but may not
suspend or reduce h+the city manager’s salary. After such public hearing, if one be requested, and after
full consideration, the council by majority vote of its members may adopt a final resolution of removal.
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19. Article V, Section 5.03 of the Charter shall be amended to read as follows:
Sec. 5.03. The city manager: Powers and duties.
The city manager shall be the chief executive officer and the head of the administrative branch of the city
government. He-The city manager shall be responsible to the council for the proper administration of all affairs of
(Supp. No. 35, Update 2)
Created : 2024-10-14 15 :08 : 22 [EST]
Page 6 of 11
the city placed under the city manager’s his control by this Charter or by ordinance or resolution of the council, and
to that end hothe city manager shall:
I
I
I
(a)
(b)
(C)
(d)
(e)
Appoint and remove any employee of the city, except as otherwise provided by this Charter and except
as he, or she the city manager may authorize the head of a department to appoint and remove
subordinates in such department.
Prepare the annual budget and submit it to the council and be responsible for its administration after
adoption.
Prepare and submit to the council at the end of the fiscal year a complete report on the finances and
administrative activities of the city for the preceding year,
Attend all meetings of the council, with the right to take part in the discussion, but having no vote.
Keep the council advised of the financial condition and future needs of the city and make such
recommendations as may seem to him the city manager desirable.
(f) Appoint, subject to the approval of the council, the city secretary.
(g) Perform such other duties as may be prescribed by this Charter or required of him the city manager by
the council not inconsistent with this Charter.
20. Article V, Section 5.04 of the Charter shall be amended to read as follows:
Sec. 5.04. Absence of city manager.
To perform hk the duties during h+ the temporary absence or disabitity, the [city] manager shall designate
by letter filed with the city secretary a qualified administrative officer of the city. The administrative officer thus
designated shall perform the duties of the [city] manager until he–the city manager shall return or hh–the city
manager’s disability shall cease or until the council by resolution designates another officer of the city to perform
such duties
21. Article VI, Section 6.01 of the Charter shall be amended to read as follows:
Sec. 6.01. City attorney: appointment.
The city attorney, who shall be head of the legal department, shall be a qualified attorney-at-law licensed to
practice in the State of Texas. He, orsheThe city attorney shall be appointed by the council, and serve at the pleasure
of the city council. He, or she the city attorney shall receive such compensation as may be fixed by the council.
I
22. Article VI, Section 6.02 of the Charter shall be amended to read as follows:
Sec. 6.02. City attorney: powers and duties.
(a)The city attorney shall represent the city in all litigation and controversies and shall prosecute all cases brought
before the municipal court. He, or she The city attorney shall draft, approve or file his, or her the city
attorney’s written opinion on the legality of every proposed ordinance before it is acted upon by the council,
and shall pass upon all documents, contracts and other legal instruments in which the city may have an
interest
(b)He, or she The city attorney shall be the legal advisor of the city manager, city council, and of all boards,
commissions, agencies, officers and employees with respect to any legal question involving their official
Page 7 of 11
powers or duties. He, or she The city attorney shall perform such other duties as may be required by statute,
by this Charter or by ordinance.
(C)The council may authorize the appointment of such assistant city attorneys as may be needed to perform the
duties of this department. The city attorney may designate an assistant city attorney to act as city attorney in
case of his or her the city attorney’s temporary absence of not more than three weeks. The council may
authorize the appointment of a temporary city attorney to act for the city attorney in the case of a longer
temporary absence or disability.
23. Article VI, Section 6.03(b, d) of the Charter shall be amended to read as follows:
(b)The municipal judge shall preside over the municipal court. The municipal judge shall be a qualified
attorney-at-law licensed to practice in the State of Texas in good standing and shall have such other
qualifications as required by subchapter FF of chapter 30 of the Texas Government Code and other
applicable laws as these laws may now read or hereafter be amended. He or she The municipal judge shall
be appointed by, and shall serve at the pleasure of the council. The municipal judge shall receive such
compensation as may be fixed by the council. The municipal judge shall have all the powers and duties
assigned to a municipal judge by the Charter, other city ordinances, subchapter FF of chapter 30 of the
Texas Government Code, or other applicable state laws.
I
(d)The council may appoint such assistant municipal judges or additional municipal judges as may be necessary
to perform the duties of the municipal court or a temporary municipal judge to act for the municipal judge
in the case of his or her the municipal judge’s temporary absence or disability, and such assistant,
additional, or temporary municipal judge shall receive such compensation as may be set by the council. All
such assistant, additional, or temporary municipal judges, when appointed, shall have all of the other
powers and duties assigned to the municipal judge herein.
24. Article X, Section 10.02(b) of the Charter shall be amended to read as follows:
(b)None of the appointed members shall hold any other public office or position in the city while serving on
the planning and zoning commission. The planning and zoning commission shall elect its chairman chair
from among its members. Seven (7) members shall serve without pay and shall adopt such rules and
regulations as they deem best governing their actions, proceedings, deliberations, and the times and places
of meetings, subject to council review.
25. Article X, Section 10.03(b)(2) of the Charter shall be amended to read as follows:
Sec. 10.03. Planning and zoning commission: Powers and duties.
(2) Request additional assistance for special survey work of the city manager, who may at bb–the city
manager’s discretion assign to the planning and zoning commission, employees of any administrative
department or direct such department to make special studies requested by the commission.
26. Article XII, Section 12.07(b, d) of the Charter shall be amended to read as follows:
(b) The city manager and director of utilities shall be ex officio members of the board. They shall attend all
meetings of the board and shall have the right to discuss any matter that is under consideration by the
board but shall have no vote.
Page 8 of 11
I
(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. A majority 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 conducted in accordance with the Texas Open Meetings Act, chapter 551 of the Texas Government
Code, as it may now read or hereafter be amended and all other applicable laws and a permanent record
of proceedings shall be maintained, except as otherwise provided by law.
27. Article XIV, Section 14.06 of the Charter shall be amended to read as follows:
Sec. 14.06. Oath of office.
Every officer of the city shall before entering upon the duties of his,office take and subscribe to the following
oath or affirmation, to be filed and kept in the office of the city secretary:
"I, , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of
of the City of Denton, Texas, and will to the best of my ability preserve, protect and defend the
Constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I
furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay,
contributed or promised to contribute any money, or valuable thing, or promised any public office or
employment, as a reward for the giving or withholding a vote at the election at which I was elected. (or if the
office is one of appointment, "to secure my appointment.") So Help Me God."
AMENDMENT B
SHALL THE CITY CHARTER BE AMENDED TO RESOLVE CONFLICTS WITH STATE LAW AND
MODIFY VAGUE OR UNCLEAR LANGUAGE?
If Proposition B is approved by the majority of voters voting at the election, the City Charter is
amended to read as follows:
1.Article 11, Section 2.04 of the Charter shall be amended to read as follows:
Sec. 2.04 - Vacancies in Council.
Where a vacancy in any place on the council, including that of mayor, 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 special election shall be held on the first authorized
uniform election date following the creation of the vacancy occurring on or after the thirtieth day after the date
the election is ordered in accordance with the requirements of the Election Code and all other applicable laws. The
runoff election, where necessary, shal! be held in accordance with the requirements of the Election Code and all
other applicable 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
2. Article III, Section 3.01 (b) of the Charter shall be amended to read as follows:
Page 9 of 11
election district boundaries by the council,
established by the Election Code, the voters shall elect:
in day for municipal elections
(1)
(2)
(3)
The mayor, place seven (7), for a term of two (2) years.
Two (2) councilmembers, places five (5) and six (6), for terms of two (2) years each.
One (1) councilmember for an interim term of one (1) year. This position shall be
denominated for such interim term as place four (4) and such councilmember shall be
elected from the city at large and may be a resident of any district.
At the next following regular annual municipal election after the one referred to above in this section, the
district and at large system provided in Section 2.01 shall I take full effect.
3.Article IV Section 4.08 of the Charter shall be amended to read as follows:
Sec. 4.08 - Submission of electors.
If the council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different
from that set forth in the petition therefor, or if the council shall fail to repeal a referred ordinance, the proposed or
referred ordinance shall be submitted to the electors not less than thirty (30) days nor more than sixty (60) days
council shall provide for a special
and all other applicable laws.
election. at the Electio >dewith
4.Article IV, Section 4.17 of the Charter shall be amended to read as follows:
Sec. 4.17 - District judge may order election.
Should the city council fail or refuse to order any recall election when all of the requirements for such
election have been complied with by the petitioning electors in conformity with this Article of the charter, then it
shall be the duty of the District Judge of Denton County then any citizen may file for a writ of mandamus from a
District Judge of Denton County or other court, upon proper application therefor, to order such election and
effectuate the provisions of this Article of the charter.
AMENDMENT C
SHALL THE TERM OF THE MUNICIPAL JUDGE BE INCREASED FROM TWO YEARS TO 4 YEARS?
If Proposition C is approved by the majority of voters voting at the election, the City Charter is
amended to read as follows:
1. Article II, Section 6.03(b) of the Charter shall be amended to read as follows:
(b) The municipal judge shall preside over the municipal court. The municipal judge shall be a qualified
attorney at-law licensed to practice in the State of Texas in good standing and shall have such other
qualifications as required by subchapter FF of chapter 30 of the Texas Government Code and other
Page 10 of 11
I
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 for a term of four-years. The municipal judge shall receive
such compensation as may be fixed by the council. The municipal judge shall have all the powers and
duties assigned to a municipal judge by the Charter, other city ordinances, subchapter FF of chapter 30
of the Texas Government Code, or other applicable state laws.
Page 11 of 11
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