Denton City Charter - Article II (Excerpt) 12/23/2020 Denton,TX Code of Ordinances
ARTICLE II. -THE COUNCIL
Sec. 2.01. - Number, selection and term.
(a) The city council shall have seven (7) members, six (6) councilpersons and a mayor. The manner of
their election is prescribed herein. Each councilperson shall be elected to and occupy a place on
the council, such places being numbered one (1), two (2), three (3), four (4), five (5) and six (6). The
mayor's position on the council shall be place seven (7).
(b) Four(4) members of the council whose positions shall be places one (1), two (2), three (3) and
four(4), shall be residents of and elected by the qualified voters of single-member geographical
districts of the city, known as districts one (1), two (2), three (3) and four (4), as such districts may
from time to time be determined by the city council in accordance with Section 2.01(d), and
created and described by ordinance. Two (2) members of the council and the mayor shall be
elected by the qualified voters of the entire city, commonly known as at large. One (1) at large
member, place five (5), shall be a resident of district one (1) or two (2), and one (1) at large
member, place six (6), shall be a resident of district three (3) or four(4).
(c) (1) Each member of the council including the mayor shall hold a place on the city council, and
shall be elected to such place for a two-year term. No member of the council or the mayor,
who has been elected to three (3) consecutive full terms in a place, shall be eligible to file for
election for that same place, whether elected before or after the effective date of this
provision, without having first been off the council for at least one annual council election
cycle. Nothing herein shall be deemed to prohibit the council members or the mayor from
being elected to other places on the council or as mayor, so long as otherwise eligible, except
that no council member or the mayor shall be elected to or serve for more than twelve (12)
consecutive years.
(2) A person who has become ineligible to serve pursuant to Section 2.01(c)(1) shall not be
eligible to be elected to a place on the council or as mayor without having first been off the
council for at least one annual council election cycle, after which such person shall regain
eligibility for office, if otherwise eligible under this Charter.
(d) The council shall from time to time create and describe by ordinance election districts known as
districts one (1), two (2), three (3) and four (4). Such districts shall be created so that each will
contain, as nearly as possible, a population equivalent to the others, according to the latest
available census data.
(Ord. No. 76-12, Amend. No. 1, 4-5-76; Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 2009-199,
Amend. No. 1, 9-1-09, ratified 11-3-09)
Sec. 2.02. - Qualifications.
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(a) Each member of the council, in addition to having the other qualifications prescribed by law:
(1) Shall be registered to vote in the city;
(2) Shall have domiciled 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, or at
large place five (5) requiring a domicile in district one (1) or two (2), or at large place six (6)
requiring a domicile in district three (3) or four(4), as set forth in Section 2.01, for at least one
year preceding his or her election in the district in which elected; further, shall continuously
be domiciled within the corporate limits of Denton and, if elected within a single member
geographic district, or at large place five (5) requiring a domicile in district one (1) or two (2),
or at large place six (6) requiring a domicile in district three (3) or four (4), in the district in
which elected throughout his or her term of office.
(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.
(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.
(c) City Councilmember Stipend. Each member of the City Council shall receive compensation in the
form of a monthly stipend as set forth in this section. The initial monthly stipend shall be seven
hundred fifty dollars ($750.00) for each member of the City Council elected from a district or at
large position, and one thousand dollars ($1,000.00)for the Mayor elected at large. These initial
amounts shall become effective on ratification of this charter provision.
City Council may, by a separate ordinance, approve an adjustment in the stipend no more
frequently than once per fiscal year, but no increase in such compensation shall take effect until
commencement of the terms of the Mayor and/or Council Members elected at the next regular
election. Any increase in the amount of the stipend shall not exceed three (3) percent of the then-
current stipend amount unless approved by a two-thirds (%)vote of the Council. The stipend shall
be reported in the annual city budget as a separate line item.
(Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057, Amend. No. 5, 2-16-99, ratified 5-1-99; Ord.
No. 2009-199, Amend. No. 2, 9-1-09, ratified 11-3-09; Ord. No. 2017-2371 § 1(Amends. A, E), 8-15-17, ratified
11-7-17; Ord. No. 2017-373 , § 2(Props. A, E), 11-20-17)
Sec. 2.03. - Presiding officer: Mayor and mayor pro tem.
The mayor shall preside at the meetings of the council and shall be recognized as head of the city
government for all ceremonial purposes and by the governor for purposes of martial law, but shall not
interfere with the managerial duties and responsibilities of the city manager. The mayor shall have all the
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same powers and privileges as any other councilmember, including entitlement to vote upon all matters
considered by the council, but shall have no veto power. The council shall, as soon as possible after the
annual election, elect from its membership a mayor pro tem. The mayor pro tem shall act as mayor during
the absence or disability of the mayor.
(Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 2009-199, Amend. No. 3, 9-1-08, ratified 11-3-09)
Sec. 2.04. -Vacancies in council.
Where a vacancy in any place on the council, including that of mayor, shall occur, the vacant place shall
be filled by a special election, and, where necessary, by a runoff election, in the same manner as provided in
this Charter for the regular election of the councilperson. Such special election shall be held on the first
authorized uniform election date following the creation of the vacancy occurring on or after the thirtieth day
after the date the election is ordered. The runoff election, where necessary, shall be held in accordance with
the requirements of the Election Code and all other applicable laws; provided, however, that where a
vacancy shall occur within one hundred and twenty(120) days of a regular election, no special election to fill
the vacancy shall be called, unless more than one vacancy occurs.
(Ord. No. 76-12, Amend. No. 2, 4-5-76; Ord. No. 99-057, Amend. No. 6, 2-16-99, ratified 5-1-99; Ord. No.
2009-199, Amend. No. 3, 9-1-09, ratified 11-3-09)
Sec. 2.05. - Meetings of the council.
(a) As soon 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. Thereafter, 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. Special called
meetings may be held from time to time at city hall or other locations accessible to the public.
(b) Special meetings shall be called by the city secretary upon request of the mayor, city manager, or
a majority of the members of the council.
(c) The city manager shall attend all meetings of the council and may take part in the discussion of
all matters coming before the council but shall have no vote.
(Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 2006-232, Amend. No. 3, 8-28-06, ratified 11-7-06)
Sec. 2.06. - Quorum, voting.
(a) A majority of the members of the council shall constitute a quorum for the transaction of
business, and the affirmative vote of a majority of the council shall be necessary to repeal any
ordinance or take any official action in the name of the city, except as otherwise provided in this
Charter or by the general laws of the State of Texas.
(b) The ayes and noes shall be taken upon the passage of all ordinances or resolutions and the vote
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of each member shall be recorded in the minutes.
(Ord. No. 76-12, Amend. No. 3, 4-5-76; Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80)
Sec. 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, minutes of all meetings of the council shall be taken and
preserved as a permanent record open to the public for inspection.
(Ord. No. 2006-232, Amend. No. 4, 8-28-06, ratified 11-7-06)
Sec. 2.08. - Powers of the council.
Except as otherwise provided by this charter all powers of the city and the determination of all matters of
policy shall be vested in the council. Without limitation of the powers granted or delegated to the city by the
Constitution, statutes, or this Charter, the council shall have power to:
(a) Appoint and remove the city manager.
(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 courtjudge.
(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.
Q) 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 adopt, modify and carry out
plans proposed by the planning commission for the clearance of slum districts and
rehabilitation of blighted areas, and for the replanning, improvement and redevelopment of
any area or district which may have been destroyed in whole or in part by disaster.
(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
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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
investigations of municipal affairs.
(r) Provide for an independent audit.
(s) Perform the districting and redistricting function.
(Ord. No. 76-12, Amend. No. 4, 4-5-76; Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 2006-232,
Amend. No. 5, 8-28-06, ratified 11-7-06)
Sec. 2.09. - Ordinances.
(a) In addition to such acts of the council as are required by statutes or by this charter to be by
ordinance, every act of the council establishing a fine or other penalty or providing for the
expenditure of funds or for the contracting of indebtedness, shall be by ordinance. The enacting
clause of all ordinances shall be: "The Council of the City of Denton hereby ordains:"
(b) Every ordinance shall be introduced in written, 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 ordinance 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.
(c) A full text of every penal ordinance, or in lieu thereof a descriptive caption or title stating in
summary the purpose of the ordinance and the penalty for violation thereof, shall be published
at least twice in the official newspaper of the City of Denton within ten (10) days after the passage
of such ordinance; provided that any penal ordinance shall become effective not less than
fourteen (14) days from the date of its passage. All other ordinances, except those specifically
required by this charter to be published, are not required to be published in either the official
newspaper of the city or in any other publication, and such ordinances shall become effective
upon passage or on the date specified therein.
(d) The council shall have power to cause the ordinances of the city to be corrected, amended,
revised, codified and printed in code form as often as the council deems necessary and advisable,
and such printed code, when adopted by the council, shall be in full force and effect without the
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necessity of publishing the same or any part thereof in the official newspaper except that the
ordinance adopting the same shall be published one time in the official newspaper of the city.
Such printed code shall be admitted in evidence in all courts and places without further proof.
(Ord. No. 2006-232, Amend. No. 6, 8-28-06, ratified 11-7-06)
Sec. 2.10. - Council not to interfere in appointments or removals.
Neither the council nor any of its members shall direct or request the appointment of any person to, or
his or her removal from, office by any officer appointed by the city council under Section 2.08 of this Charter
or by any of his or her subordinates. Except for the purpose of inquiry, the council and its members shall
deal with the administrative service solely through the officers appointed by the city council and neither the
council nor any member thereof shall give orders to any subordinates of the officers appointed by the city
council, either publicly or privately.
(Ord. No. 2009-199, Amend. No. 4, 9-1-09, ratified 11-3-09)
Sec. 2.11. - Employee bonds.
The council shall require bonds of all municipal officers and employees who receive or pay out any
monies of the city. The amount of such bonds shall be determined by the council and the cost thereof shall
be borne by the city.
Sec. 2.12. - City secretary.
The city secretary shall be appointed by the city manager subject to the approval of the council. He shall
serve as clerk of the council, give notice of its meetings, keep the journal of its proceedings, authenticate by
his signature and record in full in a book kept for the purpose all ordinances and resolutions, and perform
such other duties as this charter may provide or as the city manager may assign him.
Sec. 2.13. - Independent annual audit.
(a) Prior to the end of each fiscal year, the council shall designate a certified public accountant who,
as of the end of the fiscal year, shall make an independent audit of accounts and other evidences
of financial transactions of the city government and shall submit his report to the council and to
the city manager. Such accountant shall have no personal interest, direct or indirect, in the fiscal
affairs of the city government or of any of its officers. He shall not maintain any accounts or
records of the city business, but within specifications approved by the council, shall post-audit the
books and documents kept by the department of finance and any separate or subordinate
accounts kept by any other office, department or agency of the city government.
(b) A copy of such audit shall be kept in the office of the city secretary subject to inspection by any
citizen during regular office hours.
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