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HomeMy WebLinkAbout1999-086s wue oocumen„WwiuoeM9Tcnengeem WenarAmmamem aoc NOTE, Amended by Ordinance No. 99-100 ORDINANCE NO 7 D (o AN ORDINANCE AMENDING ORDINANCE NO 99-057 ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999, FOR THE PURPOSES OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY CHARTER, BY AMENDING AMENDMENT NO 2 TO ADD SOME ADDITIONAL STATUTORY REFERENCES AND TO AMEND PROPOSITION NO 2 TO CORRECT STATUTORY REFERENCES, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Attorney has found it necessary to make non -substantial technical changes to Amendment No 2 and Proposition No 2 of Ordinance No 99-057 calling a City Charter Election to correct statutory references, and WHEREAS, the City Council deems it in the public interest to amend the Ordinance to make these changes, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Section I, Amendment No 2 of Ordinance No 99-057, passed by the City Council on February 16, 1999, is hereby amended to add an additional statutory reference so that Amendment No 2 hereby now reads as follows 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 1.05 Powers of the city The City of Denton shall have and may exercise all the powers granted to cities by the Constitution or laws of Texas including specifically those powers made available to cities of more than 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 (Skapter 13, Title 28 r h Revised n a s of the SteA, o f TeRas 1925 Vernon's Texas Codes Annotated, Texas Local Government Code Section 5 004, Chapter 9, Chapter 26, and Subchapter E of Chapter 51), as these laws now read or may hereafter be amended The City may acquire property 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 thereof, 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 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 SECTION II That Section II, Proposition No 2 of Ordinance No 99-057, passed by the City Council on February 16, 1999, is hereby amended by amending Proposition No 2 disposal of utilities so that the same shall hereafter read as follows 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 references9 SECTION III That save and except as amended hereby, all the sections, subsections, paragraphs, sentences, clauses, and phrases of Ordinance No 99-057 shall remain in full force and effect SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity SI4.CTION V That the City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance with provisions of the Texas open meetings law, TEX GOV'T CODE ch 551, as amended, and that a quorum of the City Council was present SECTION VI That this ordinance shall become effective immediately upon its passage and approval �d PASSED AND APPROVED this the (PZ day of 7'4t� , 1999 JACK ER, MAYOR PAGE 2 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE