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HomeMy WebLinkAbout1999-133NOTE There is no Ordinance No 99-132 ORDINANCE NO - 3.A AN ORDINANCE AMENDING ORDINANCE NO 99-057, AS AMENDED, ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999 AND THE AMENDING ORDINANCES, FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY CHARTER BY AMENDING AMENDMENT NO 25 AND PROPOSITION NO 16 TO CLARIFY THAT THE AMENDMENT REFERS TO CITY OFFICERS AND EMPLOYEES, TO AMEND PROPOSITION NO 5 TO MAKE A MI- NOR CHANGE IN WORDING, 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 a change to Amendment No 25 and Proposition No 16 to clarify that the reference is to City officers and employees, and to make a minor non -substantial word insertion in Proposition No 5, and WHEREAS, the City Council deems it in the public interest to amend the ordinance to make change, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Section I, Amendment No 25 of Ordinance No 99-057, passed by the City Council on February 16, 1999, as amended, is hereby amended to clarify that the amend- ment refers to officers and employees of the City so that Amendment No 25 hereby reads as follows 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 See 14 04 Personal interest. 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 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 SECTION H That Section II, Proposition No 5 of Ordinance No 99-057, passed by the City Council on February 16, 1999, as amended, is hereby amended to insert the word "to" be- tween the words "and" and "have" on the third line so that Proposition No 5 hereby reads as follows PROPOSITION NO 5 — Munici ill 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 electron in compliance with applicable laws? YES NO SSECTION III That Section II, Proposition No 16 of Ordinance No 99-057, passed by the City Council on February 16, 1999, as amended, is hereby amended to clarify that the propo- sition refers to City officers or employees so that Proposition No 16 hereby reads as follows 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 ,SECTION IV That the seventeen propositions shall appear on the ballot substantially in the form shown in the attached ordinance which conforms to all amendments of Ordinance No 99-057, which conforming ordinance is made a part of this ordinance for all purposes SECTION V That all prior actions by the City Secretary and other City employees in preparing the ballot, providing notice of the electron, and any related activities which incorpo- rated these changes are hereby ratified and approved SECTION VI That save and except as amended hereby, all the sections, subsections, paragraphs, sentences, clauses, and phrases of Ordinance No 99-057, as amended by Ordinance Nos 99-086 and 99-100, shall remain in full force and effect Page 2 SECTION VII 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 SECTION VIII 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 ac- cordance 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 IX That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of dw_,� 11999 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY P �FIAR80WFFMOL\Our DmummWOrdmm=W9khaMer emmdmmr 1 dw JACI LER, MAYOR Page 3