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HomeMy WebLinkAbout1999-057ORDINANCE NO �05 AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999 IN CON- JUNCTION WITH THE REGULAR CITY COUNCIL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY CHARTER REGARDING SALE AND ALIENATION OF PORTIONS OF PUBLIC UTILITIES, CREATING NEW UTILITIES, PROVIDING A MAJORITY VOTE FOR ANNEXATION, QUALIFICATIONS OF CANDIDATES FOR ELECTIONS, PROCE- DURES FOR HOLDING ELECTIONS, AUTHORIZING PUBLIC UTILITY FRANCHISE CHARGES, SETTING PROCEDURE FOR ADOPTING A BUDGET, DELETING CERTAIN PORTIONS OF ARTICLE VIII "REVENUE AND TAXATION", CORRECTING REFER- ENCES TO APPLICABLE LAWS, REMOVAL OF THE BOARD OF ADJUSTMENT, PUB- LIC UTILITIES BOARD, AND PARKS AND RECREATION BOARD FROM THE CITY CHARTER AND EXPANDING THESE BOARDS TO SEVEN MEMBERS, PROVIDING NOTICE OF CLAIM PROCEDURES IN COMPLIANCE WITH STATE LAW, ELIMINAT- ING PLANNING COMMISSION RECOMMENDATIONS ON SALES AND PURCHASES OF PROPERTY AND ON UTILITY CAPITAL IMPROVEMENTS, PROVIDING THAT THE CHARTER SHALL BE GENDER NEUTRAL, DESIGNATING THE PLACE OF HOLDING SUCH AN ELECTION, NAMING THE OFFICERS THEREOF, PRESCRIBING THE FORM OF BALLOT, PROVIDING FOR NOTICE, PROVIDING FOR PUBLICATION OF NOTICE OF THIS ELECTION, PROVIDING A SEVERABILITY CLAUSE, PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Denton City Charter was last amended in 1979, and WHEREAS, many changes in the law, especially the Texas Local Government Code and other laws that affect municipal corporations like the City of Denton, Texas, have made it neces- sary to amend the Charter to make it conform with changes in law during the last twenty years, and WHEREAS, the City Council desires to make changes in the Charter to eliminate from the charter and expand the memberslup of several boards, facilitate its ability to sell, alienate, or expand its public utilities, to make the Charter gender neutral, and to make other administrative changes, and WHEREAS, the City Council deems it in the public interest that the City Charter be so amended; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN` SECTION I. That, in accordance with the provisions of Tex Loc Gov't Code §9 04, there shall t e submitted to the voters of the City of Denton, Texas, at t1 a regular City election to be held on May 1, 1999, 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 stnkeouts, and new or additional text shown by italics AMENDMENT NO.1 That Article I of the Charter shall be amended by amending Section 103 "Extension of city limits" so that the same shall hereafter read as follows Sec. 1.03. Extension of city limits. The City Council, by a vote of not less than ` ur ° 5) a majority of its member- ship, shall have the power by ordinance to provide for the alteration and extension of said boun- dary hunts, and the annexation of territory lying adjacent to the City, with or without the consent of the inhabitants of the territory annexed Upon the introduction of any such ordinance to the City Council, such ordinance shall be published one time in the official newspaper of the City of Denton Amendments may later be incorporated into the proposed ordinance by a vote of not less than €eur fi4ihs (4/6) a majority of the membership of the City Council and publication one time in the official newspaper of the City of Denton The proposed ordinance, or any amendment thereof shall not thereafter be finally acted upon until at least thirty (30) days after the publica- tion thereof, and upon the final passage of any such ordinance, or any amendment thereto, the boundary limits of the City shall thereafter be as fixed thereby When any additional territory has been so annexed, same shall be a part of the City of Denton, and the property situated therein shall be subject to and shall bear its pro rata part of the taxes levied by the City, and the inhabi- tants 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 That Article I of the Charter shall be amended by amending Section 105 "Powers of the city" so that the same shall hereafter read as follows Sec 105. Powers of the city. The City of Denton shall have and may exercise all the powers granted to cities by the Constitution or laws of Texas including specifically those powers made available to cities of more than five thousand (5,000) inhabitants by what is known as the Home Rule Amendment to the Constitution of Texas (Article XI, Section 5 and the Home Rule Enabling Act (Gkapter-3, T , 28 s w Revised G...., o._....es _;.,._ State e fT........ 1926 Vernon's Texas Codes Anno- tated, Texas Local Government Code Section 5 004, Chapte 9, Chapter 26, and Subchapter E of :hapter 51), as these laws now read or may hereafter be ar iended The City may acquire prop- erty within or without its corporate limits for any municipal purpose, may cooperate with the government of Texas or any agency thereof, or with the federal government or any agency there- of, or with the government of any county, city, or political subdivision to accomplish any lawful purpose for the advancement of the health, morals, safety, convenience, or welfare of the city or its inhabitants, may sell, lease, mortgage, hold, manage, and control such property as its interest Page 2 may require, provided the City shall not sell, convey, lease, mortgage, or otherwise alienate the entire assets of any public utility system or any portion thereof essential to continued effective utility service without the prior approval by a majority of the qualified voters of the City who vote at an election held for this purpose, and may exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or the Constitution or laws of Texas The enumeration of particular powers in this Charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof, the City shall have and may exercise all other powers which under the Constitution and general laws of this state it would be competent for this Charter to specifically enumerate AMENDMENT NO.3 That Article I of the Charter shall be amended by amending subsection (d) of Section 106 "Liabilities, exemptions, and limitations", so that the same shall hereafter read as follows Sec. 1.06. Liabilities, exemptions, and limitations. (d) The City of Denton shall never be liable for death or personal injury of a person or for property damages of any kind unless within tlhft-y (30) ninety (90) days after the occurrence theree€ causing the damage, death, mluM or destruction a notice in writing by or on behalf of the person injured or clauning damages, if living, or the person's representative, if dead, or the owners of the property injured or destroyed is delivered to the city manager stating specifically and accurately in complete detail when, where, and how the exact death, injury, destruction, or damages occurred, the full extent therse€ of the injury, the basis of the claim, and the amount of damages claimed or asserted This notice shall also include the residence of the claimant by street number on the date the claim is presented, the residence of the claimant for six (6) months immediately preceding the occurrence of the death, injury, or destruction, and the names and addresses of all witnesses that are known at the time upon who it is relied to establish the claim for damages, provided, however, nothing in this subsection shall be construed to affect or repeal the provision in subsection (e) of this section relating to the liability of the City for damages on account of injuries received on the public streets, highways, alleys, grounds, public works, and public places of the City AMENDMENT NO.4 That Article I of the Charter shall be amended by adding a new Section 107 "Gender neutral" so that the same shall hereafter read as follows Sec. 1.07, Gender neutral. Whenever used in this Chartt r, a word importing the masculine gender only shall extend and be applied to include females, and, where applicable, to firms, partnerships, and corpora- tions, as well as males Page 3 AMENDMENT NO.5 That Article II of the Charter shall be amended by amending Section 2 02 Qualifications" so that the same shall hereafter read as follows Sec.2.02. Qualifications. (a) Each member of the Council, in addition to having the other qualifications prescribed by law (1) Shall be a-qualified-vetef e€registered to vote in the City, (2) Shall have resided for at least one year next preceding his or her election within the corporate limits of Denton and, if running within a single member geographic district as set forth in Section 2 01, in the district in which elected, (3) Shall let be in affeffs in the pa)qnent ei ainy wakes eF other liabilities dee the cityt, (4) (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 (5) wA the GAy, oft irAefeated in the sale te el' bY the GAY Of MY sup - its in the City, nor shall he be the oweef or pFe- (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 shall immediately forfeit his or her office AMENDMENT NO.6 That Article II of the Charter shall be amended by amending Section 2 04 "Vacancies in council" so that the same shall hereafter read as follows Page 4 Sec. 2.04. Vacancies in council. Where a vacancy in any place on the Council shall occur, the vacant place shall be filled by a special election, and, where necessary, by a runoff election, in the same manner as provided in this Charter for the regular election of the councilperson Such 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 or- dered aiW The runoff election, where necessary, shall be held en the feut%eR41t Elay after the preeeding-eleetion in accordance with the requirements of the Election Code and all other appli- cable laws, provided, however, that where a vacancy shall occur within one hundred and twenty (120) days of a regular election, no special election to fill the vacancy shall be called, unless more than one vacancy occurs AMENDMENT NO.7 That Article III of the Charter shall be amended by amending subsection (a) of Section 3 01 "Municipal elections" so that the same shall hereafter read as follows 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 in ApM May or on any other uniform election day for municipal elections established by the Election Code The Council may by resolution or ordinance order special elections which shall be held as nearly as practicable ac- cording to the provisions for a regular election The hours and places for holding all City elec- tions shall be determined by the City Council 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 That Article III of the Charter shall be amended by amending subsections (a) and (b) of Section 3 02 "Nominations" so that the same shall hereafter read as follows Sec.3.02. Nominations. (a) Any qualified person may have his or her name placed on the ballot as a candidate for eotmethese councilmember by filing with the City Secretary not more than mnety (90) days nor less than thirty (30) days prior to the date of election an application in substantially the fol- lowing form I, , 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 of- fice in the next City election I am aware of the nepotism law, chapter 573 of the Gov - Page 5 ernment 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 City Secretary (b) As an alternative method, any qualified person may be nominated for eetinethm councilmember by a written petition signed by t�A#y (30) the greater of twentyfive (25) qualified voters of the City or one-half of one percent of the total vote received by all candidates for mayor in the most recent mayoral general election, provided the candidate signs the petition cer- tifying 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 Geuneilin Councilmember of the City of Denton, to be voted for at the election to be held on the day of , and we individually certify that we are qualified to vote for a candidate for the Council Name Address Date of Signing (Spaces for dui4y-(30) the greater of 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 qualifica- tions set forth in this Charter I hereby accept the nomination for Get}xetlm Council - member and agree to serve if elected Signature of Candidate Page 6 Statement of Circulator The undersigned is the circulator of the foregoing petition containing t#"rty signatures Each signature was appended thereto in my presence and is the genuine sig- nature of the person whose name it purports to be Signature of Circulator Address of Circulator The foregoing petition was filed with the City Secretary on the day of City Secretary AMENDMENT NO.9 That Article III of the Charter shall be amended by amending subsections (a) and (b) of Section 3 04 "Canvass Election returns, results" so that the same shall hereafter read as follows Sec. 3.04. Canvass: Election returns, results. (a) Immediately after counting the votes, the presiding judge shall deliver the official returns of the election to the City Secretary On the awa Truesday feliewing the eleetten Not earlier than the third day or later than the sixth day after the election or as otherwise required by the Election Code and all other applicable laws, the City Council shall canvass the returns and declare the results The returns of every municipal election shall be recorded in the minutes of the Council (b) The candidates receiving the majority of the votes cast for each place shall be de- clared elected If no candidate receives a majority, or if there is a tie for any one place, the Council shall order a sesexrunoff election to which shall be held me later. than the twenty not earlier than the twentieth or later than the thirtieth day after the date the final canvass of the regular election is completed or as otherwise required by the Election Code and all other applicable laws Only the names of the candidates who tie for the highest number of votes cast for that place, or the two (2) candidates who receive the highest number of votes with neither having a majority of votes cast for that place, shall be printed on the ballot frr each election In the event of a tie vote at *he seeexd rune ff election, the candidates who tie shall cast lots in the presence of the City Secretary to determine which one shall be declared elected, and said lots shall be cast within five d) days of the m erA runoff election in accordance with Section 2 028 of the Election Code and all other applicable laws Page 7 AMENDMENT NO.10 That Article VI of the Charter shall be amended by amending Section 6 03 "Municipal court" so that the same shall hereafter read as follows Sec 6.03. Municipal Court. (a) There is hereby established a court which shall be known as the "Municipal Court No 1 of the City of Denton" The Municipal Court No 1 shall have the jurisdiction and be con- ducted as a municipal court of record in accordance with Vernons Texas Codes Annotated Texas Government Code subchapter FF, chapter 30, §§301211 through 30 01233 inclusive and appli- cable state law as these laws may now read or hereafter be amended in the faamer pr-esenbed and autherteed by law All costs and fines imposed by the Municipal Court shall be paid into the City treasury for the use and benefit of the City The City Council may, by ordinance, create ad- ditional municipal courts or municipal courts of record zf so authorized under the provisions of applicable law (b) The G#y Municipal Judge shall preside over the Municipal Court The Gity Munici- pal Judge shall be a qualified attorney -at -law licensed to practice in the State of Texas er-a-per. 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 shall be appointed by, and shall serve at the pleasure of the Council The Grty Municipal Judge shall receive such compensation as may be fixed by the Council The Mu- nicipal Judge shall have all the powers and duties assigned to a municipalludge by the Charter, other City ordinances, subchapter FF of chapter 30 of the Texas Government Code, or other ap- plicable state laws (c) There shall be one regularly scheduled session of the court each week and as many other sessions as, in the discretion of the Gtty Municipal Judge, may be necessary for the timely transaction of the business of the court (d) The Council may appoint such assistant Gig} municipal judges or additional GAY mu- nicipal 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 temporary ab- sence or disability, and such assistant, additional, or temporary Git;f municipal judge shall re- ceive such compensation as may be set by the Council All such assistant, additional, or tempo- rary municipal judges, when appointed, shall have all of the other powers and duties assigned to the Municipal Judge herein AMENDMENT NO. 11 That Article VII of the Charter shall be amended by amending Section 7 01 "Property subject to tax' and deleting Section 7.02 "Payment, delinquency, penalties", Section 7 03 "Sei- Page 8 zure and sale of property for delinquent taxes", and Section 7 04 "Tax lien", and renumbering the remaining sections of Article VII accordingly, so that the same shall hereafter read as follows Sec. 7.01. Property subject to tax. The City Council is authorized to levy and collect taxes, to seize and sell property for de- linquent taxes, to create tax liens, and to exercise all other powers and authority pursuant to the Tax Code, Vernon's Texas Codes Annotated and all other applicable laws as they now read or may hereafter be amended aombed by state law (a) All ta3ess shall be payable at ah Us efflee ef the assesser and selleeter-, and may be p -F,* Amqm., *,FAR Rk%AF thp tmo r-AIIA &F oh-e yeaF hays been eempleted, whieh shall be not later t .. ..;:..- :.:. .. Page 9 sale, AMENDMENT NO.12 That Article VIII of the Charter shall be amended by amending Section 8 04 "Public hearing on budget" so that the same shall hereafter read as follows Sec. 8.04. Public hearing on budget. The Council, after. giving at least fifteen (!§) Ele;ys "etlee 13Y PH131teattell in tfte efffeta+ shall hold a public hearing on the proposed budget, Any taxpayer of the municipality may attend and may participate in the hearing, which shall be set for a date after the 1 Sih day after the date the proposed budget is f led with the city secretary but before the date the City Council makes its tax levy The Council shall provide for public notice of the date, time, and location of the hearing In addition to this notice, the City Council shall publish notice before the public hearing related to the budget in at least one newspaper of general circulation in Denton County This notice shall be published not earlier than the thirtieth or later than the tenth day before the date of the public hearing The City Council shall provide such other notice as may be required by state and all other applicable law The City Council may make such changes in the budget that it considers warranted by the law or by the best interests of the mu- nicipal taxpayers After atteh publie heanng, appear dosimble and may increase or decrease the items of the budget provided the total pro- posed expenditures shall not exceed the total anticipated revenue AMENDMENT NO. 13 That Article VIII of the Charter shall be amended by amending Section 8 05 "Adoption of budget" so that the same shall hereafter read as follows Si c 8.05. Adoption of budget The budget shall be finally adopted by the favorable votes of at least a majority of all members of the Council after the conclu- sion of the public hearing Should the Council take no final action at the conclusion of the public Page 10 hearing and West tea (10)-days before the end of the fiscal year, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council AMENDMENT NO.14 That Article VIII of the Charter shall be amended by amending Section 8 07 "Transfer of appropriations" so that the same shall hereafter read as follows Sec. 8.07. Transfer of appropriations. At any time during the fiscal year, the City Manager may at any transfer any part of the unencumbered appropriation balance or pel4lex the entire balance thereof between programs or general classifications of expenditures within an office, department, ee agency, or organiza- tional unit At anytime during the fiscal year, at the request of the City Manager --a wi&lt the last thme (a) months ef the budget year-, the Council may by resolution transfer any part of the unencumbered appropriation balance or pemex the entire balance thereof from one office, de- partment, er agency, or organizational unit to another AMENDMENT NO.15 That Article IX of the Charter shall be amended by amending subsection (a) and deleting subsection (d) of Section 9 01 "Power to issue bonds" so that the same shall hereafter read as follows Sec. 9.01. Power to issue bonds (a) The City of Denton shall have the right and power to issue general obligation bonds to finance any capital project which it may lawfully construct or acquire or for any other legiti- mate public purpose The general obligation bonded debt of the City shall only be increased by the consent of the majority of the qualified voters of the City voting at an election held for that purpose A bond election shall be ordered and notice given by ordinance, consistent with the requirements for holding elections set forth in Article 111 of this Charter and in accordance with the applicable laws of the State of Texas as they now read or may hereafter be amended (b) The City shall have the power to issue revenue bonds against the anticipated reve- nues of any municipally -owned utility or other self-liquidating municipal function to pay the debt incurred on account of such utility or function In no event shall revenue bonds be consid- ered an indebtedness of the City nor be repaid from bonds secured by taxation (c) No bonds or warrants shall be issued to fund any overdraft or indebtedness incurred for current expenses of the City government Page 11 AMENDMENT NO.16 That Article IX of the Charter shall be amended by amending subsection (a) of Section 9 02 "Bond ordinance and election" so that the same shall hereafter read as follows Sec. 9.02. Bond ordinance and election. (a) After approval by a majority of the qualified property taxpaying voters voting at an general obligation bond election called for the purpose of authorizing the issuance of bonds gen- eral obligation bonded debt, the City shall authorize the issuance of such bonds by a bond ordi- nance passed by an affirmative vote of a majority of all members of the Council The City Council may approve the issuance of revenue bonds without an election by authorizing the issu- ance of such bonds by bond ordinance passed by an affirmative vote of the majority of all mem- bers of the Council AMENDMENT NO. 17 That Article X of the Charter shall be amended by amending subsection (a)(6) Section 10 03 "Planning and zoning commission Powers and duties" so that the same shall hereafter read as follows Sec.10.03. Planning and zoning commission: Powers and duties. (a) The Planning and Zoning Commission shall (6) Submit annually to the City Manager, not less than mxety (90) sixty (60) days prior to the beginning of the budget year, a list of recommended general obliga- tion capital improvements which in the opinion of the Commission ought to be constructed during the forthcoming five (5) year period (Such list shall be ar- ranged in order of preference, with recommendations as to which projects should be constructed in which year, and the City Manager shall forthwith furnish a copy of such recommendations to each member of the Council ) AMENDMENT NO.18 That Article X of the Charter shall be amended by amending Section 10 05 "Legal effect of master plan" so that the same shall hereafter read as follows Sec. 10.05. Legal effect of master plan. 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, Her shall mly real PPOP arty be fiequired by the Gily, until and unless the location and extent Page 12 thereof shall have been submitted to and approved by the Planning and Zoning Commission, provided that, in case of disapproval, the Commission shall within thirty (30) days communicate its reasons to the Council, which shall have the power to overrule such disapproval, and, upon such overruling, the Council or the appropriate office, department, or agency shall have the power to proceed The widening, YaWing, or ehange fit the use of MY street eis the Sale 8f wky AMENDMENT NO.19 That Article X of the Charter shall be amended by amending Section 10 07 "Board of Adjustment" so that the same shall hereafter read as follows Sec 10 07. Board of Adjustment. open te the pabhe 44ke beard shall keep miw&tes ef its preeeedings, shewing the vote ef e - durance The City Council shall by ordinance establish a Board ofAdjustment which shall consist of at least seven (7) members who sh ill have the qualifications, powers, and duti-s and serve fo the terms provided by the City Council in an ordinance creating the Board All current members of the Board of Adjusiment and the Boa? d shall continue to serve under the current provisions of the City Charter until such ordinance creating the Board is enacted and effective Page 13 AMENDMENT NO.20 That Article XI of the Charter shall be amended by amending Section 1102 "Park and Recreation Board" so that the same shall hereafter read as follows Sec. 11.02. Park and Recreation Board. (2) yoms, pfeyided Owes (3) members shall be appetated sash odd number -ad year and twe (2) ness and a€feir-s The City Council shall by ordinance establish a board which shall advise the Council on parks and recreation and which shall consist of at least seven (7) residents of the City who shall have the qualifications, duties, and powers and serve for the terms provided by the City Council in the ordinance creating the board All current members of the Parks and Rec- reation Board and the Board shall continue to serve under the current provisions of the City Charter until the ordinance creating the Board is enacted and effective The bewd vad " direeter. shall meet bimenthly and M sueh other titnes as the beffd may -by it fafty deem apptseprime names ef pai4s and pia)-gFetinds and a well reanded semmunity wide Feereatien program,, it shall shall pass etH ef emistense as seen as the members of the new beafd pfevided for. herein have - been appetmed and quakfied AMENDMENT NO.21 That Article XII of the Charter shall be amended by amending subsection (b) of f section 12 01 "General powers respecting utilities" so that the same shall hereafter read as follows Page 14 Sec.12.01. General powers respecting utilities. (b) In addition to such public utilities as it may now own, the City of Denton may own, ac- quire, construct, maintain, and operate any other public utility and shall have power for the purpose of operating and maintaining any such utility, and for distributing such serv- ice throughout the City or any portion thereof, but in seek any condemnation proceedings brought to acquire such public utility no allowance shall be made for the value of any franchise and only the actual physical assets shall be purchased by the City AMENDMENT NO.22 That Article XII of the Charter shall be amended by amending Section 12 04 "Disposal of utility properties" so that the same shall hereafter read as follows See.12.04. Disposal of utility properties. No sale, conveyance, lease, or disposal other alienation of the entire assets of any utility system or any part thereof essential to continued effective utility service, shall ever be made un- less such sale, lease, or disposal is approved by a majority vote of all the qualified slester$ voters voting in an election held for that purpose in the City of Denton AMENDMENT NO.23 That Article XII of the Charter shall be amended by amending Section 12 07 "The public utilities board" so that the same shall hereafter read as follows Sec.12.07. The public utilities board. (a) There is hereby created a public utilities board to be composed of €rve (6) seven (7) members, or as many members as there are councilmembers, whichever is greater, appointed by the Council for four-year terms and until their respective successors have been appointed and qualified, pFewded that the memben of the fwst beatid appetitted under- this preyisien shall at their. ergaimmatielial Inesting diaw fer. tome as fellows, one (1) shft4l draw a efie yeff tem, eme Mem- bers of the board may be removed by the Council only for cause and only after charges have been filed and published and the member has been given a reasonable opportunity to defend himself in an open public hearing before the Council Vacancies shall be filled for any unex- pired term in the sam- i manner as provided for regular appomtmer is (b) The city mar ager 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 15 (c) Members of the public utilities board shall have the same qualifications as are re- quired by membership on the City Council (d) At its organizational meeting, and annually thereafter as soon as the newly appointed member (or members) has qualified, the board shall select from its own membership a chairman, vice-chairman, and secretary Any three (3) of the regularly appointed members shall constitute a quorum, The board shall determine its own rules and order of business The board shall meet at least once each month, all meetings shall be epen to the p"he 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 maintained AMENDMENT NO.24 That Article XIII of the Charter shall be amended by amending Section 13 03 "Franchise tax" so that the same shall hereafter read as follows Sec.13.03. IFranchise ta* fee. The holder or grantee of any franchise or license to use public streets, alleys, highways, or other public property may be required, as compensation for the right or privilege enjoyed, to pay to the City of Denton each year such reasonable sum (not less than two percent (2%) of the gross receipts of the business pursued by the holder of the franchise earned for service rendered in the City of Denton), or to pay compensation, rent, or any other fee or charge authorized by law, including, without limitation, specific charges per service line, access line fees, and all other legally permissible charges for the use of its streets, alleys, highways, and other public property, as the Council may determine by ordinance or by contract with any such utility, which compensation shall be in addition to all ad valorem and corporation taxes paid by the utility AMENDMENT NO.25 That Article XIV of the Charter shall be amended by amending Section 14 04 "Personal interest" so ,that the same shall hereafter read as follows Sec. 14.04.1 Personal interest. in ffidweedy, in the - to ei by 4ho G ef any land, ffimenals, supplies er Bowles alp ef the GRY as an e#tieer eN etle tall -eeryalfeasaftes to efflee, ex Faee erpestHet� Any officer or em- ployee of the City having a substantial interest in a business entity or real property, as those terms are defined in chapter 171 of the Texas Local Government Code as it now reads or may hereafter be amended, shall comply with chapter 171 and, if necessary, shall abstain from voting Page 16 on a matter involving the business entity or real property and file an affidavit setting forth the substantial interest in the matter to be voted upon AMENDMENT NO.26 That Article XIV of the Charter shall be amended by amending Section 14 13 "Amending the Charter" so that the same may hereafter read as follows Sec 14.13. Amending the Charter. Amendments to this Charter may be framed and submitted to the voters of the City in the manner provided by > 4 M Vernon's Texas Codes Annotated, Texas Local Government Code Chapter 9 and all other applicable laws, as they now read or may hereafter be amended SECTION II. That the form of the ballot shall be substantially as follows PROPOSITION NO 1 — Annexation Shall Section 103 of Article I of the City Charter be amended to substitute the requirement of a majority vote of the City Council for the current four - fifths vote of the Council necessary to annex land or otherwise alter the City of Denton's boundaries? YES NO PROPOSITION NO 2 — Disposal of Utilities Shall Section 105 of Article I of the City Charter and Section 12 04 of Article XII of the City Charter be amended to provide that the City may not sell, lease, mortgage, or otherwise alienate the entire assets of any utility system or any essential portion thereof without the approval of a majority of all the qualified voters voting at an election held for that purpose and to correct statutory references? YES NO PROPOSITION NO 3 — Notice of Claim Shall Section 106 of Article I of the City Charter be amended to increase the thirty -day notice of claim for personal injury or property damages to mnety days and to require the claimant to provide his or her residence address, the names and addresses of all witnesses known at the time who he or she relies upon to establish a claim for damages, and other information pertaining to the claim9 YES _ NO PROPOSITION NO 4 — Gender Neutral Shall Article I of the City Charter be amended by adding a at w Section 107 so that the Charter becomes gender neutral by extending all references in the Charter to the masculine gender to apply also to females and where applicable to firms, partnerships, and corporations9 Page 17 YES NO PROPOSITION NO 5 — Municipal Elections Shall Article II and Article III of the City Charter be amended by amending Section 2 02 requiring each member of the Council to be a registered voter and to have the minimum eligibility requirements for a municipal officer set forth in the state law, reside for one year prior to the election in a single member district for which the per- son is running, to eliminate the requirements that a councilmember not be in debt to the City, not be interested in the emoluments of any contract or transaction with the City, and not be an officer or director of a public service corporation, and to require forfeiture of the office upon ceasing to possess these qualifications or upon conviction of a felony, by amending Sections 2 04 and 3 01 to require municipal elections to be held on uniform election dates in accordance with applicable laws, by amending Sections 3 02, and 3 04 to acknowledge awareness of nepotism laws in the petition to nominate a candidate for councilmember, changing the required number of signatures on the petition, and to require canvassing and the holding of a runoff election in compliance with applicable laws? YES NO PROPOSITION NO 6 — Municipal Court Shall Section 6 03 of Article VI of the City Charter be amended to require that Municipal Court No 1 be established as a municipal court of record and that the Municipal Judge and all assistant municipal judges be licensed attorneys and have the qualifications and the powers when appointed required by applicable state law? YES NO PROPOSITION NO 7 — Taxation Shall Section 7 01 of Article VII of the City Charter be amended to provide the City's power to tax shall be consistent with the Tax Code and to delete Sections 7 02, 7 03, and 7 04 regarding the payment, collection, levying, seizure, and sale of property for delinquent taxes, delinquency penalties, and establishment of tax liens, and to re- number the remaining sections, so that these matters will be governed by the Tax Code and other applicable laws? YES NO PROPOSITION NO 8 — Budget Shall Article VIII of the City Charter be amended bx amend- ing Sections 8 04 and 8 05 to provide for a public hearing on the budget after the 15` day the proposed budget is filed with the City Secretary but before taxes are levied, to provide for notice to be published in accordance with applicable laws, to provide for adoption of the budget after the public hearing, allowing the proposed budget to take effect if the Council takes no action be- fore the end of the fiscal year, allowing Council to make changes in the budget, and amending Section 8 07 to authorize transfer of certa.n unencumbered funds within and between offices, departments, agencies, and organizational units during the fiscal year? YES NO Page 18 PROPOSITION NO 9 — Bonds Shall Sections 9 01 and 9 02 of Article IX of the City Charter be amended to require general obligation bond debt of the City to be increased only by consent of the miUonty of the qualified voters of the City voting in an election for that purpose, and to eliminate the requirement for a revenue bond issue in excess of one million dollars to be ap- proved by a non-bmdmg referendum electron YES NO PROPOSITION NO 10 — Planning Commission Shall Article X of the City Charter be amended by amending Section 10 03(a)(6) to reduce the number of days prior to the beginning of the budget year that the Planning Commission must submit a list of recommended general obli- gation capital improvements to be constructed during the forthcoming five-year period to the City Manager from 90 days to 60 days; amending Section 10 05 to eliminate the requirement for the Planning Commission's approval on all purchases and sales of real property and on widen - mg, vacating, or changing streets? YES NO PROPOSITION NO 11 — Deletion of Board of Adjustment, Shall Article X, Section 10 07 of the City Charter be amended by deleting the Board of Adjustment from the City Charter and re- quinng that the City Council, by ordinance, establish a Board of Adjustment consisting of at least seven members having the qualifications, powers, duties, and terms established by the City Council, and providing that the current Board of Adjustment shall continue to function under these provisions of the Charter until the ordinance creating the Board of Adjustment is effective YES NO PROPOSITION NO 12 — Deletion of Parks and Recreation Board Shall Article XI, Section 1102 of the City Charter be amended by deleting the Parks and Recreation Board from the City Charter and requiring that the City Council, by ordinance, establish a board to advise the Council on parks and recreation matters consisting of at least seven members having the qualifications, powers, duties, and terms established by the City Council, and providing that the current Parks and Recreation Board shall continue to function under these provisions of the Charter until the ordinance creating the Board is effective? YES NO PROPOSITION NO 13 — Now Utilities, Shall Section 12 01 of Article XII of the City Charter be amended by authorizing the City to own, acquua, construct, maintain, and operate any other public utility without the necessity of having that lecision approved by a majority of qualified voters voting therefore at an election held for such purpose? YES NO Page 19 PROPOSITION NO 14 — Exoanswn of Public Utilities Board Shall Article XII, Section 12 07 of the City Charter be amended by expanding the Public Utilities Board from five to seven mem- bers or as many members as there are councilmembers, whichever is greater, and requiring all meetings of the Board to be held in accordance with the Texas Open Meetings Act and all other applicable laws? YES NO PROPOSITION NO 15 — Franchise Fees Shall Section 13 03 of Article XIII of the City Char- ter be amended by requiring the grantee of any franchise or license to use streets or other public property granted by the City to pay a fee not less than 2% of the gross receipts, or any other fee or charge authorized by law, including access line fees, which the City may legally charge for use of its streets or other public property? YES NO PROPOSITION NO 16 — Conflict of Interest Shall Section 14 04 of Article XIV of the City Charter be amended by eliminating the current conflict of interest requirements and substituting the requirement that any City officer or employee having a substantial interest in a business en- tity or real property , as those terms are defined by chapter 171 of the Texas Local Government Code, shall comply with chapter 171 and, if necessary, shall abstain from voting on a matter on which the person has a substantial interest and file an affidavit setting forth the substantial inter- est in the matter to be voted upon? YES NO PROPOSITION NO 17 — Statutory Reference, Shall Section 14 13 of Article XIV of the City Charter be amended to correct statutory references? YES NO SECTION III. That the election shall be conducted at the same time and in the same manner with the same elections officers as prescribed in Ordinance No 99-056 calling the gen- eral election on May 1, 1999, for the election of councilmembers for Districts 1, 2, 3, and 4 The physical means of voting, the designated polling places, and the officers shall be the same as those proscribed in Ordinance No 99-056 SECTION IV. That early voting shall be conducted in the same manner, at the same lo- cation, and on the same dates and time as provided in the aforementioned ordinance for the gen- eral election on May 1, 1999 S CTj, ION V. That aid 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 SECTION VI. That this ordinance shall constitute the order and may serve as notice of the election and shall be published and noticed in accordance with the general election ordinance and all applicable laws SECTION VII. That the caption of this ordinance shall be published in a newspaper of general circulation in the City of Denton, in compliance with the provisions of the law Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law SECTION VIII. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held to be uncon- stitutional, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Denton hereby declares that they would have enacted such re- mammg portions despite any such invalidity SECTION IX. That the City Council has found and determined that the meeting at which this resolution is considered is open to the public and that notice thereof was given in ac- cordance with the provisions of the Texas open meetings law, Tex Gov't Code ch 551, as amended, and that a quonun of the City Council was present ,SECTION X. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 4 day of 11999 JACK ER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY Oki At-44— �" AeA�Q APP OVED AS TO LEGAL FORM HERBERT L PROLYIY, CITY ATTORNEY BY A# j \\CH LGL\V 1 eP7V.GL umenb\GNb M1Ma unandm %d. Page 21