HomeMy WebLinkAbout2006-232FILE REFERENCE FORM 2006-232
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES Date Initials
Amended by Ordinance No. 2006-297 10/03/06 JR
ORDINANCE NO. 4000
AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR
THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS
AMENDMENTS TO THE DENTON CITY CHARTER REGARDING ANNEXATION PRO-
VISIONS, NO EXPANSION OF CITY LIABILITY, COUNCIL ELECTIONS, COUNCIL
MEETINGS, COUNCIL MINUTES, CITY AUDITOR, POWERS OF COUNCIL, INTRO-
DUCTION OF ORDINANCES, CITY MANAGER AND SUBORDINATES, CITY ATTOR-
NEY, BUDGET, BOND ELECTIONS, SALE OF BONDS, PLANNING AND ZONING
COMMISSION, LEGAL AFFECT OF MASTER PLAN, PLATTING AND SUBDIVISION
CONTROL, REGULATION OF CONSTRUCTION, SLUM CLEARANCE AND REHABILI-
TATION OF BLIGHTED AREAS, PUBLIC UTILITIES BOARD, REGULATION OF FRAN-
CHISED UTILITIES, AND NEPOTISM; PRESCRIBING THE TIME AND MANNER OF
THE CONDUCT OF THE ELECTION TO BE IN ACCORDANCE WITH AN AGREEMENT
WITH DENTON COUNTY; PRESCRIBING THE FORM OF BALLOT; PROVIDING FOR
NOTICE; PROVIDING FOR PUBLICATION OF NOTICE OF THIS ELECTION; PROVID-
ING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Denton City Charter was last amended in 1999; and
WHEREAS, the City Council finds that the proposed Charter amendments are in the pub-
lic interest and do not contain more than one subject; 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 an election to be held on No-
vember 7, 2006, the following amendments to the Home -Rule Charter of the City of Denton,
Texas, which are 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:
AMENDMENT NO. 1
Section 1.03 of the Charter shall be amended to read as follows:
Sec. 1.03. Extension of city limits.
The city council, by a majority vote of not less than fa.._ fifihs five sevenths (5/7) of its
membership, shall have the power by ordinance to provide for the alteration and extension of
said boundary limits, and the annexation of territory lying adjaeOHt to outside the city, with or
without the consent of the inhabitants of the territory annexed, subject to applicable state law.
S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option Ldoc
Bf the 64: ' G Gil aREI PUbli6Rtie.. O e ti..,e i" the Rff.Gial 14&A'Spapff8f the City of 0enten The
least thif4y (30) days after the publieatien ,
e..dMeHt the. -et.. the h9,,.,.1af)',. liffl:tS Of the Git.. Shall thee.. A,,.. 14P I.I. ihereby. 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 part of the
taxes levied by the city, and the inhabitants 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. 2
Subsection 1.06 (t) of the Charter shall be amended to read as follows:
(f) No provision of this section shall ever be so construed to expand the erdiHHFy liability of
the city.
AMENDMENT NO. 3
Subsection 2.05 (a) of the Charter shall be amended to read as follows:
(a) aAs soon thereafter as practicable after each
city council election and in accordance with state law, the council shall meet at the city
hall and the newly -elected members shall qualify and assume the duties of office. There-
after, the council shall meet regularly at city hall at such times as may be prescribed by its
rules but not less frequently than once each calendar month. All meetings efthe ,.,.,.4wil
Shall he h.,14 a$ the Gity hall unless the G ..:1 Sh..11 h.. BrEk,...HSO B FOSOIH60H deSi g- at@
another place Special called meetings may be held from time to time at city hall or other
locations accessible to the public.
AMENDMENT NO.4
Section 2.07 of the Charter shall be amended to read as follows:
See. 2.07. Rules of procedure, minutes.
The council shall determine its own rules of procedure and order of business. Except as
may otherwise be provided by state law, such as certain executive sessions under the Texas Open
Meetings Act, being Chapter 551 of the Texas Government Code, M-minutes of all meetings of
the council shall be taken and preserved as a permanent record open to the public for inspection.
Page 2
SdOur Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option l.doc
AMENDMENT NO. 5
Section 2.08 of the Charter shall be amended to read as follows:
Sec. 2.08. Powers of the council.
Except as otherwise provided by this charter
of all matters of policy shall be vested in the council.
delegated to the city by the Constitution, statutes, o
to:
(a) Appoint and remove the city manager.
all powers of the city and the determination
Without limitation of the powers granted or
r this Charter, the council shall have power
(b) Appoint and remove the city attorney, the city auditor, and the municipal court judge.
(c) Approve members of all boards, commissions and committees serving the city.
(d) Adopt the budget of the city.
(e) Fix the salary of the city manager, city auditor, city attorney, and the municipal court
jut dge and, in eoeperation with the :.. ., , all other sal-
(f) Authorize by ordinance the issuance of bonds, assignments of revenue or warrants.
(g) Approve plats.
(h) Adopt and modify the official map of the city.
(i) Adopt and modify the zoning plan, including any and all zoning and land use regulations
to the fullest extent allowed by law whieh may regulme and fix the height and Humber- a
latiaH and the leemien and use of buildings for trade, industry, business, resideRse or
other pufpeses.
(j) Provide for the establishment and designation of fire limits and prescribe the kind and
character of buildings, structures, or improvements which may be erected therein, and
provide for the condemnation of dangerous or dilapidated buildings or structures which
increase the fire hazard and the manner of their removal or destruction.
(k) Adopt and modify the building code.
(1) After receiving a recommendation from the planning commission A —adopt, modify and
carry out plans for the clearance of slum districts
and rehabilitation of blighted areas, and for the replanning, improvement and redevelop -
Page 3
S:\Our Documents\0rdinances\06\2006 Charter Amendments-8-28-06-Option Ldoc
ment of any area or district which may have been destroyed in whole or in part by disas-
ter.
(m) Regulate, license and fix the charges or fares made by any person, firm or corporation
owning, operating or controlling any 'vehicle of any character used for the carrying of
passengers for hire or the transportation of freight for hire on the public streets or alleys
of the city.
(n) Provide by ordinance for the exercise of the police powers of the city.
(o) Establish and maintain a free public library and to cooperate for such purposes with any
person, firm, association or political subdivision in the manner prescribed by ordinance.
(p) Provide by ordinance for the exercise by this city of any and all powers of local self-
government not made self -enacting by this charter or by statute.
(q) Inquire into the conduct of any office, department or agency of the city and make investi-
gations of municipal affairs.
(r) Provide for an independent audit.
(s) Perform the districting and redistricting function.
AMENDMENT NO. 6
Subsection 2.09 (b) of the Charter shall be amended to read as follows:
(b) Every ordinance shall be introduced in written, of printed or electronic form and passed
in compliance with section 2.06 of this Article, authenticated by the signatures of the
mayor (or mayor pro tem) and the city secretary and systematically recorded in an ordi-
nance book in a manner approved by the council. It shall be necessary to record only the
caption or title of each ordinance in the minutes of the council.
AMENDMENT NO. 7
Subsection 3.01 (a) of the Charter shall be amended to read as follows:
Sec. 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 uniform election day for municipal elec-
tions in May or ether- tins f _.., �Ieetian day r r munioipal elect established by
the Election Code. The Council may by resolution or ordinance order special elections
Page 4
SAOur Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option Ldoc
which shall be held as nearly as practicable according to the provisions for a regular elec-
tion. The hours and places for holding all City elections shall be determined by the City
Council. All elections shall be conducted in accordance with the Election Code and all
other applicable laws as they now read,or may hereafter be amended.
AMENDMENT NO. 8
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 shall be responsible to the council for the proper administration of all
affairs of the city placed under his control by this Charter or by ordinance or resolution of the
council, and to that end he shall:
(a) Appoint and, when neeessafy fer the good of the SeR,ieo, remove any-of4eeF-e+ employee
of the city, except as otherwise provided by this Charter and except as he, or she may au-
thorize the head of a department to appoint and remove subordinates in such department.
1« saqp of the rRFAqval ,.F ,.« ,. Fr.,.,._ ,._ al,p hFIa l of a depai4me«a age_ s .Mass s
�l,..n 1.0 «...,i., 1.., al.,...:a..... ..«,l al... «OrSeR feM@.e,l Shall, if 1.8 .... .1,........«.1.. 1...
(b) Prepare the annual budget and submit it to the council and be responsible for its admini-
stration after adoption.
(c) 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.
(d) Attend all meetings of the council, with the right to take part in the discussion, but having
no vote.
(e) Keep the council advised of the financial condition and future needs of the city and make
such recommendations as may seem to,him 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 by the
council not inconsistent with this Charter.
Page 5
S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option I Are
AMENDMENT NO. 9
Portions of Article VI, Sections 6.01 and 6.02 of the Charter shall be amended and Sec-
tion 6.04 shall be added to read as follows:
ARTICLE VI. CITY ATTORNEY, ANO MUNICIPAL COURT, AND CITY AUDITOR
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, or she shall be appointed by the council
serve at the pleasure of the city council. He, or she shall receive such compensation as may be
fixed by the council.
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 shall draft, approve or
file his, or her 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 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 involv-
ing their official powers or duties. He, or she shall perform such other duties as may be
required by statute, by this Charter or by ordinance.
(e) 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 assis-
tant city attorney to act as city attorney in case of his or her temporary absence of not
more than three weeks. The council may of authorize the appointment of a temporary city
attorney to act for the city attorney in the case of 13is a longer temporary absence or dis-
ability.
Sec. 6.04. Citv Auditor
The city auditor shall be appointed by the council and shall serve at the pleasure of the
council, and shall perform such auditing duties as may be assigned from time to time by the
council, or by the city manager at the direction of the council.
AMENDMENT NO. 10
Section 8.03 of the Charter shall be amended to read as follows:
Page 6
S:\Our Documents\0rdinances\06\2006 Charter Amendments-8-28-06-Option I.doc
Sec. 8.03. Preparation and submission of budget.
At least sixty(60) days before the end of eaeh F I J'earWithin the time period required
by law, the city manager shall submit to the council a proposed budget for the ensuing fiscal
year. The budget shall provide a complete financial plan for the fiscal year, and the budget shall
be prepared on the basis of policy priorities defined by the council for the city manager at least
one hundred twenty (120) days before the end of the fiscal year.
AMENDMENT NO. 11
Section 8.08 of the Charter shall be amended to read as follows:
Sec. 8.08. Amending the budget.
114 GasO Of arwa nnhlir nnre sit.. b J Y a' t 1 a -c
J HREI
..ditions ..hiss uld- ,.t 1... ,7:1:.. nt thought
hh d attentien Lave been
the a eil as an ,,..,1...ent to the B49iflal
h d T where ease SuGt
every afflendmen
made, a eepy of the ordina+iee adopting the amendffignt shall hp filed- with the Gity seeretafy�
nally ajapted. The budget may be amended for municipal purposes by the affirmative vote of at
least five (5) members of the council in accordance with applicable law.
AMENDMENT NO. 12
Subsection 9.02 (a) of the Charter shall, be amended to read as follows:
(a) After approval by a majority of the qualified voters voting at aft gen-
eral obligation bond election called for the purpose of authorizing the issuance of general
obligation bonded debt, the City shall authorize the issuance of such bonds by a bond or-
dinance passed by an affirmative vote of a majority of all members of the Council. The
City Council may approve the issuance of revenue bonds without an election by authoriz-
ing the issuance of such bonds by bond ordinance passed by an affirmative vote of the
majority of all members of the Council.
AMENDMENT NO. 13
Section 9.04 of the Charter shall be amended to read as follows:
Sec. 9.04. Sale of bonds.
Page 7
S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option I.doc
shall be sold in accordance with applicable law
AMENDMENT NO. 14
Shall Section 10.02 of the Charter be amended to read as follows:
Sec. 10.02. Planning and zoning commission.
(a) There shall be a planning and zoning commission which shall consist of seven (7) real
members, who, during their respective terms of office and for at least
one year prior to beginning thereof, shall be residents of the City of Denton. They shall
be appointed by the council for a term.of two (2) years, provided four (4) members shall
be appointed each odd -numbered year and three (3) members each even -numbered year.
rie --------I_.. ,.c-.we w' n w
(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 commis-
sion shall elect its chairman from among its members. Seven (7) members shall serve
without pay and shall adopt such rules and regulations as they deem best governing their
Page 8
S:\Our Documents\0rdinances\06\2006 Charter Amendments-8-28-06-Option ]'doe
actions, proceedings, deliberations, and the times and places of meetings, subject to
council review.
(c) If a vacancy occurs in the city planning and zoning commission the council shall appoint
a commissioner to fill such vacancy for the unexpired term.
AMENDMENT NO. 15
Section 10.03 of the Charter shall be amended to read as follows:
Sec. 10.03. Planning and zoning commission: Powers and duties.
(a) In addition to the powers and duties set forth in this charter T the planning and zoning
commission shall have the powers and duties of a planning and zoning commission under
state law, including without limitation those under Chapters 211 and 212 of the Texas
Local Government Code, as may be amended from time to time and shall perform such
other powers and duties as may be assigned by the council The planning and zoning
commission may:
(1) Make, amend, extend and add to the master plan for the physical development of
the city.
(2) FeFmulate and adef4 Recommend to the council regulations governing the plat-
ting or subdividing of land within the city. (The applicable provisions of meter
1 Title 28 of the Revised G: it Statutes of ,, State fT 1925Chapter 212
of the Texas Local Government Code as now or hereafter amended, are hereby
adopted and made a part of this charter, and shall be controlling on the planning
and zoning commission.)
(3)
appreN,al Make recommendations to the council regarding 4proposed changes in
to said the official map of the city and keep such map up-to-date so as to reflect
any changes in the boundary or the zoning plan of the city.
(4) Make and recommend plans for the clearance and rebuilding of any slum districts
or blighted areas within the city.
(5) Make recommendations to the council apprA- '-Al e- disapproval eF regarding pro-
posed changes in the zoning plan and ordinance of this city and have all the
power, duty and authority of a zoning commission as provided in3,lemen's Texas
Cil,'il Statutes,
be
eal G;*nent Code ...,.-c 71nn-n Chapter 211 of the Texas Local Government
Code, as now or as hereinafter amended all of which are hereby adopted as a part
of this charter.
Page 9
S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option Ldoc
(6) Submit annually to the City Manager, ne.� prior to the be-
ginning of the budget year, a list of recommended general obligation capital im-
provements which in the opinion of the Commission ought to be constructed dur-
ing the forthcoming five (5) year period. (Such list shall be arranged in order of
preference, with recommendations as to which projects should be constructed in
which year, and the City Manager shall forthwith furnish a copy of such recom-
mendations to each member of the Council.)
(7) Promote public interest in and understanding of the master plan and of planning,
zoning, clearance of blighted areas and development of the city.
(8) Meet not less than once each month and keep a public record of its resolutions,
findings and determinations.
(9) Hold such public hearings as it may deem desirable in the public interest and ad-
vise the council upon such matters as the council may request its advice.
(b) For the accomplishment of the foregoing purposes the planning and zoning commission
is hereby empowered to:
(1) Require information which shall be furnished within a reasonable time from the
other departments of the city government in relation to its work.
(3 D Request additional assistance for special survey work of the city manager, who
may at his 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.
In the performance of its functions, enter upon any land and make examinations
and surveys y,d plaaa and n,ai,,t MoBuffigntgd Mad— th .
Make and recommend plans for the replanning, improvement and redevelopment
of neighborhoods or of any area or district which may be destroyed in whole or in
part or seriously damaged by fire, earthquake, flood or disaster.
AMENDMENT NO. 16
Section 10.05 of the Charter shall be amended to read as follows:
Sec. 10.05. Legal effect of master plan.
Page 10
SAOur Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option I.doc
Except in circumstances where plat approval is not required or the Public improvement is
so small as not to appear on the master plan N-no street, park, or other public way, ground or
space, no public building or structure and no public utility whether publicly or privately owned,
shall be constructed or authorized in the City until and unless the location and extent 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 rea-
sons to the Council, which shall have the power to overrule such disapproval, and, upon such
overruling, the Council or the appropriate office, department, or agency shall have the power to
proceed.
AMENDMENT NO. 17
Section 10.8 of the Charter shall be amended to read as follows:
Sec. 10.08. Platting or subdivision control.
The planning and zoning commission shall recommend to the council the adoption of
regulations governing the platting or subdividing within the city or within the area under the ex-
traterritorial jurisdiction of the city, and the owner of every such subdivision shall comply with
all of the provisions of Article 974a and 6626, Vernon's Texas Civil Statutes, 1948, [V.T.C.A.,
Local Government Code § 212.002 et seq. and V.T.C.A., Property Code § 12.001 et seq.] as now
or hereafter amended. Such regulation may provide for the harmonious development of the city
within the subdivided land with other existing or planned streets and ways or for conformance
with the master plan or official map, for adequate open spaces, spaces for traffic, utilities, recrea-
tion, light and air and for the avoidance of congestion of population. Such regulations may in-
clude requirements as to the extent to which and the manner in which streets and other ways
shall be graded and improved and water, sewer and other utility mains, piping, connections or
other facilities shall be installed as a condition precedent to the approval of a subdivision.
AMENDMENT NO. 18
Subsection 10.10 (a) of the Charter shall be amended to read:
(a) The city shall have the power to prohibit the erection, construction or use of any building
or structure of any kind within the city, without a permit having first been issued, by the
city, for the construction or erection of such building or structure, and without a use and
occupancy certificate having been issued for the use actually made of such premises and
structure and may authorize a fee to be charged for such permit. In pursuance of this au-
thority the council may authorize the inspection of all buildings and structures during the
progress of their construction or thereafter and may require new construction, renovation,
or reconstruction to comply with all building regulations eKisti ng in tke eity or �A,14jcR
shall her-eafter be passed [sie].
Page 11
SAOur Documents\0rdinances\06\2006 Charter Amendments-8-28-06-Option Ldoc
AMENDMENT NO. 19
Section 10.12 of the Charter shall be amended to read as follows:
Sec. 10.12. Slum clearance and rehabilitation of blighted areas.
The council may, after receiving a recommendation from the planning and zoning com-
mission adopt, modify and carry out plans »ed by the planning aearamission zeniag for
the clearance of slum districts and blighted areas within the city and, for the accomplishment of
this purpose, may acquire by purchase or condemnation all privately owned lands, buildings and
other real property interests within the district; may establish, locate, relocate, build and improve
the streets and other public open spaces provided for in the plan; may maintain, operate, lease or
sell said buildings or any of them; may sell the land or any part thereof designated for buildings
and private open spaces upon such terms and conditions and subject to such restrictions as to
building uses and open spaces as will substantially carry out and effect the plan.
AMENDMENT NO.20
Subsection 12.07 (d) of the Charter related to the public utilities board shall be amended to
read as follows:
(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 ap-
pointed 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.
AMENDMENT NO. 21
Subsections 12.08 (a) and (e) related to the powers and duties of the public utilities board
shall be amended to read:
(a) The board shall serve the department of utilities and city council as a consulting and ad-
visory afir board.
(e) The board shall submit annually to the planning and zoning commission (for incorpora-
tion in its report), prior to the beginning of
Page 12
S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option Ldoc
the budget year, a list of recommended capital improvements, which in the opinion of the
board ought to be constructed during the forthcoming five (5) year period. Such list shall
be arranged in order of preference, with recommendations as to which projects should be
constructed in which year.
AMENDMENT NO. 22
Section 13.04 of the Charter shall be amended to read as follows:
Sec. 13.04. Regulation of utilities.
The city council shall have the power and the duty to:
(a) Determine, fix and regulate the charges, fares or rates of all public utilities operating
within the city, provided the council shall not prescribe any rate of compensation which
will yield more than a fair return upon the fair value of the physical property used and
useful in rendering service to the public.
(b) Require such franchise holders who request an increase in rates, charges or fares to reim-
burse the city for reasonable expenses incurred in employing independent rate consultants
to conduct investigations, present evidence and advise the council on such requested in-
crease.
(c) Prescribe reasonable standards of service and quality of products to be furnished by each
utility and prevent unjust discrimination.
(d) Require such extensions of plant and service and such maintenance of plant and fixtures
as may be necessary to provide adequate and efficient service.
(e) Collect from every public utility operating in the city its fair and just proportion of the
expense of excavating, grading, paving, repaving, constructing, reconstructing, draining,
repairing, maintaining, lighting, sweeping and sprinkling such portions of the alleys,
bridges, culverts, viaducts and other public places and ways of the city as may be occu-
pied or used in whole or in part by such utilities; or compel such public utility to perform,
at its own expense, its just share of such excavating, grading, paving, repaving, construct-
ing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling.
(f) Prescribe the form of accounts which `shall be kept by each utility; provided, that if the
utility shall keep its accounts in accordance with the uniform system of accounts for said
utility as prescribed by the National Association of Railroad and Public Utility Commis-
sioners, the Federal Power Commission, the Federal Communications Commission, the
Railroad Commission of Texas, or their respective successors, this shall be deemed suffi-
cient compliance with this paragraph.
Page 13
s:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option l.doc
(g) Examine or cause to be examined at any time the accounts and other records of any utility
operating within the city for the purpose of ascertaining any fact relating to the business
done by such utility and pertinent to the council's power of regulation.
(h) The council shall provide means and prescribe regulations for independent testing of all
gas, water, light and other public utility meters on complaint of any person who may be
dissatisfied with the readings of the employees of those utilities, whether owned by pri-
vate corporations or by the City of Denton.
(i) Enact and enforce such reasonable regulations and restrictions as may be deemed desir-
able or conducive to the safety, welfare and accommodation of the public.
Q) The City of Denton shall have power to prohibit the use of any street, alley, highway,
boulevard or grounds of the city by any telegraph, telephone, electric light, street railway,
interurban railway, gas company or any other character of public utility without first ob-
taining the consent of the governing authorities expressed by ordinance, and upon paying
such compensation as may be prescribed and upon such conditions as may be provided
for by such ordinances, and the City of Denton shall have the power to require all tele-
graph, telephone and electric light companies to place their wires underground.
(k) Require each utility operating in the city to file with the city such reports and other in-
formation pertaining to its operations that are required by its franchise agreement with the
city, this charter, city code, other applicable laws, or that may be required from time to
time by the council. kieh rep tl
�; rep
eft
14
S`.\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-00-Option Ldoc
IN
�w
Fix appropriate penalties to enforce compliance with all rules and regulations enacted by
the council.
(m) Give due notice and a fair hearing to persons or corporations to be affected by such rules
and regulations before they shall be adopted.
AMENDMENT NO. 23
Section 14.05 of the Charter shall be amended to read as follows:
Sec. 14.05. Nepotism.
No person shall be appointed to an office or be employed by the City of Denton who is
related to any member of the council within the second degree of affinity or the third degree of
consanguinity, and this shall apply to heads of departments in their respective departments. This
Page 15
S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option Ldoc
does not apply to a person who was appointed or employed by the city prior to the election or
appointment of the council member.
SECTION 2. The form of the ballot shall be substantially as follows:
PROPOSITION NO. 1 — Annexation: Shall Section 1.03 of the City Charter be amended to
eliminate the publication of the proposed annexation ordinance and to substitute the requirement
of a five -sevenths vote of the city council for the current four -fifths vote of the Council necessary
to annex land outside the city into the city?
YES NO
PROPOSITION NO. 2 — No Expansion of Liability: Shall Subsection 1.06 (0 of the City Char-
ter be amended to remove the word "ordinary" liability to clarify that Section 1.06 of the Charter
shall not be construed to expand any liability of the city?
YES NO
PROPOSITION NO. 3 — City Council Elections: Shall Subsection 3.01 (a) of the City
Charter be amended to provide that council elections will be held on the uniform election day in
May in compliance with the Election Code?
YES NO
PROPOSITION NO. 4 — Council Meetings:. Shall Subsection 2.05 (a) of the City Charter be
amended to provide that the council shall meet as soon as practicable after each city council elec-
tion and in accordance with applicable law, instead of specifying a precise date, and that special
called council meetings may be either at city hall or other locations accessible to the public, in
contrast to regular meetings, which are required to be at city hall?
YES NO
PROPOSITION NO. 5 — Council Minutes: Shall Section 2.07 of the City Charter be amended to
clarify that minutes of council meetings such as certain executive sessions under the Texas Open
Meeting Act, do not have to be taken and preserved under certain circumstances where author-
ized by law?
YES NO
PROPOSITION NO. 6 — City Auditor: Shall Section 2.08 and Article VI of the City Charter be
amended to provide that a city auditor shall be appointed by and have his or her salary set by the
Page 16
SAOur Document1\0rdinances\06\2006 Chaner Amendments-8-28-00-0ption Ldoc
council, and serve at the pleasure of the council to perform auditing duties that may be assigned
by the council or the city manager at the direction of council?
YES NO
PROPOSITION NO. 7 — Powers of Council: Shall Section 2.08 of the City Charter be amended
to clarify that the council sets the salaries of its appointees; that the city manager sets the salaries
of all other employees; that the council has the authority to adopt all zoning and land use regula-
tions to the fullest extent allowed by law; and that the council after receiving a recommendation
from the planning and zoning commission may adopt, modify and carry out plans related to slum
clearance, rehabilitation of blighted areas and improvement and redevelopment of areas being
destroyed in whole or in part by a disaster?
YES NO
PROPOSITION NO. 8 — Introduction of Ordinance: Shall Subsection 2.09 (b) of the City Char-
ter be amended to allow the introduction of a city ordinance in electronic form, in addition to
written or printed form?
YES NO
PROPOSITION NO. 9 — City Manager and Subordinates: Shall Section 5.03 of the City Charter
be amended to clarify that the city manager appoints and removes any employee other than
council appointees, and except as he or she may authorize the head of a department to appoint
and remove subordinates in such department; and be amended to eliminate the requirement that
department heads with six months service are afforded, upon demand a written statement of rea-
sons for removal, and at his or her request a public hearing before the council before removal?
YES NO
t
PROPOSITION NO. 10 — City Attomev: Shall Sections 6.01 and 6.02 of the City Charter be
amended to clarify that the city attorney serves at the pleasure of the council and that the city at-
torney may designate an assistant city attorney to act as city attorney for absences not exceeding
three weeks?
YES NO
PROPOSITION NO. 11 — Budget: Shall Section 8.03 of the City Charter be amended to change
the annual budget submission deadline to match state law and shall Section 8.08 of the Charter
related to amending the budget be deleted and replaced by a provision that allows the budget to
Page 17
S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option Ldoc
be amended for municipal purposes by the affirmative vote of five council members in accor-
dance with state law?
YES NO
PROPOSITION NO. 12 — Bond Elections: Shall Subsection 9.02 (a) of the City Charter be
amended to delete the requirement that qualified voters at a general obligation bond election
have to be property taxpayers since such a requirement has been declared unconstitutional by the
US Supreme Court?
YES NO
PROPOSITION NO. 13 — Sale of Bonds: Shall Section 9.04 of the City Charter related to the
procedural requirements for the sale of bonds be amended by deleting all of the text and in its
place provide that all bonds shall be sold in accordance with applicable law?
YES NO
PROPOSITION NO. 14 — Planning and Zoning Commission: Shall Section 10.02 of the City
Charter be amended to; delete the requirement that members of the Planning and Zoning Com-
mission must be real property taxpayers; delete the requirement that the city manager, mayor and
director of community development are ex officio members; and provide that commission rules
and regulations are subject to council review?
YES NO
PROPOSITION NO. 15 — Planning and Zoning Commission Powers and Duties: Shall Section
10.03 of the City Charter be amended to;
(a) clarify that the Planning and Zoning Commission shall have all of the powers and du-
ties provided by state law;
(b) provide that the commission instead of adopting platting and subdivision regulations,
shall make recommendations to the council regarding such regulations;
(c) delete the requirement that the commission draft the official map of the City and to
provide that the commission shall make recommendations to the council as to proposed changes
to the map;
(d) provide that the commission shall make recommendations to council regarding pro-
posed zoning changes instead of recommending approval or disapproval of such changes;
Page 18
SAOur Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option Ldoc
(e) require the commission's submission to the city manager of recommended capital im-
provements prior to the beginning of the budget year, instead of not less than 60 days prior to the
budget year;
(0 eliminate Subsection 10.03 (b) (2) relating to employment of city planners and con-
sultants; and
(g) eliminate the provision that the commission may place and maintain monuments and
marks on land?
YES NO
PROPOSITION NO. 16 — Legal Effect of Master Plan: Shall Section 10.05 of the City Charter
be amended so that the requirement that no street, park, or other public way, ground or space, no
public building or structure and no public utility shall be constructed or authorized in the city,
unless it is first submitted to the planning and zoning commission, does not apply to circum-
stances where plat approval is not required or the public improvement is so small as not to ap-
pear on the master plan?
YES NO
PROPOSITION NO. 17 — Platting and Subdivision Control: Shall Section 10.08 of the City
Charter be amended to provide that the planning and zoning commission shall recommend to the
council the adoption of platting and subdivision regulations in order to conform this provision to
state law?
YES NO
PROPOSITION NO. 18 — Regulation of Construction• Shall Subsection 10.10 of the City Char-
ter be amended to clarify that the city's authority to regulate the construction and use of build-
ings and structures includes new construction, renovations, and reconstruction?
YES NO
PROPOSITION NO. 19 — Slum Clearance and Rehabilitation of Blighted Areas: Shall Subsec-
tion 10.12 of the City Charter be amended to provide that the council may adopt, modify and
carry out plans for the clearance of slum districts and blighted areas, after receiving a recom-
mendation from the planning and zoning commission.
YES NO
Page 19
S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option Ldoc
PROPOSITION NO. 20 — Public Utilities Board: Shall Sections 12.07 and 12.08 of the City
Charter be amended to provide:
(a) that a majority of members of the Public Utilities Board shall constitute a quorum,
(b) that a permanent record of the board's proceedings shall be maintained, except as oth-
erwise provided by law,
(c) clarification that the board serves the council, in addition to the department of utilities,
(d) that the board is a consulting and advisory board and not supervisory, and
(e) that the board's annual recommended capital improvements be submitted to the plan-
ning and zoning commission prior to the beginning of the budget year?
YES NO
PROPOSITION NO. 21 — Regulation of Franchised Utilities: Shall Section 13.04 of the City
Charter be amended to revise Subsection 13.04 (k) in its entirety to require each utility operating
in the city to file with the city such reports and other information pertaining to its operations that
are required by its franchise agreement with the city, this charter, city code, other applicable
laws, or that may be required from time to time by the council?
YES NO
PROPOSITION NO. 22 — Nepotism: Shall Section 14.05 of the City Charter be amended to
clarify that the prohibition against any person being appointed or employed by the city who is
close relative to a council member does not apply to a person who was appointed or employed by
the city prior to the appointment or election of the council member?
YES NO
SECTION 3. The election and early voting shall be conducted at the time and in the
manner specified in and in accordance with the agreement between the County and the City ap-
proved by Ordinance No. , with the general election being held on November 7,
2006. Said ordinance and agreement are incorporated herein by reference.
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.
Page 20
S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-Option Ldoc
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 or-
dinance may be published in pamphlet form and shall be admissible in such form in any court, as
provided by law.
SECTION 7. 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 unconstitu-
tional, 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 8. 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 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. y
PASSED AND APPROVED this the - day of (i , 2006.
C
qPERRYjeMc_UILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IIM
Im
FORM:
ATTORNEY
Page 21