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1976-012 NO AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 3, 1976, TO DECIDE THE ADOPTION OR REJECTION OF CERTAIN PROPOSED AMEND- MENTS TO THE CITY CHARTER THE COUNCIL OF THE CITY OF DENTONi TEXAS, HEREBY ORDAINS SECTION I That the City Council officially finds and determines that an election was duly ordered to be held in the City of Denton, Texas, on the 3rd day of April, 1976, for the purpose of dec~dlng certain amendments to the City Charter referred by the Council, and placed on the ballot as indicated below, and set out in full on said ballot, that proper not~ce of said election was duly given, that proper elec- tion officers were duly appointed prior to said election, that said election was duly held, that due returns of the result of said elec- tion have been made and delivered, and that the City Council has duly canvassed sa~d returns, all in accordance with law SECTION II That the City Council officially finds and determines that only resident qualified electors of sa~d C~ty were allowed to vote at said election, and the following votes were cast at said election for the following Propositions there being no other Proposition receiving any votes on this ballot AMENDMENT NO ONE SECTION 2 01 THE COUNCIL, NUMBER, SELECTION, & TERM The Council shall have five members elected by the qualified voters of the entire clty, but each Councllperson shall be elected to and occupy a place on the council, such places being N~mbered One, Two, Three, Four and Five The places of the Councllperson shall be designated on the official ballot as Counc~lperson Places One, Two, Three, Four, and Five The members of the Council shall be eleoted in the manner prescribed in Article 3, for a term of two years and until their respective successors have been elected and qualified (b) Three Counc~lpersons shall be elected on the first Saturday in April, 1977 At this election the candidate who receives the majority of the votes cast for each place shall be declared elected to that place The places to be filled shall be Places One, Two and Three The two carry-over members shall fill Places Four and Five and shall serve the balance of their term until their successors are elected and quallfled Thereafter, three Counc~lpersons shall be elected an each odd-numbered year for Places One, Two and Three and two Co~ncllpersons shall be elected in even-numbered year to Places Four and Five SECTION 3 04 - CANVASS ELECTION RETURNS, RESULTS (a) Inunedlately after counting the votes, the presiding ~udge shall del~ver the official returns of the elect~on to the C~ty Secretary On the next Tuesday following the election, the City Council shall canvass the returns and declare the results The re- turns of every munlcipal election shall be recorded in the minutes of the Co%lncll (b) The candidates receiving the majority of the votes cast for each place shall be declared elected If no candidate receives a majority, or if there is a tie for any one place, the Council shall order a second election to be held on the fourteenth day after the f~rst election to fill that place Only the names of the candidates who tie for the hlghest nL%mber of votes cast for that place, or the two candidates who recelve the h~ghest number of votes with neither having a majority of votes cast for that place, shall be printed on the ballot for each election In the event of a tie vote at the second elect~on, 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 w~th~n five days of the second elect~on FOR THE ADOPTION OF AMENDMENT NO ONE 4,588 VOTES AGAINST THE ADOPTION OF AMENDMENT NO ONE 1,477 VOTES AMENDMENT NO TWO SECTION 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 elect~on, and, where neces- sary, by a run-off election, in the same manner as provided in th~s Charter for the regular election of the Counc~lperson Such special election shall be held on a Saturday w~th~n s~xty days following the creation of the vacancy, and the run-off election, where necessary, shall be held on the fourteenth day after the preceding election, pro- v~ded, however, that where a vacancy shall occur w~thln one hundred and twenty days of a regular election, no special election to f~ll the vacancy shall be called, unless more than one vacancy occurs FOR THE ADOPTION OF AMENDMENT NO TWO 4,875 VOTES AGAINST THE ADOPTION OF AMENDMENT NO TWO 1,089 VOTES AMENDMENT NO THREE SECTION 2 06 - QUORUM VOTING (a) Any three members of the Council shall constitute a quorum for the transaction of business, and the affirmative vote of three members of the Council shall be necessary to repeal any ordinance or to take any official action in the name of the city, except that a four-fifths vote of the total membership shall be required to over- r~de a decision of the Planning and Zoning Commission and except as otherwise provided in this Charter or by the general laws of the State of Texas -2- FOR THE ADOPTION OF AMENDMENT NO THREE 3,603 VOTES AGAINST THE ADOPTION OF AMENDMENT NO THREE 2,269 VOTES AMENDMENT NO FOUR SECTION 2 08 - POWERS OF THE COUNCIL (c) To approve members of all Boards, Commlssaons, and Com- mittees servang the C~ty FOR THE ADOPTION OF AMENDMENT NO FOUR 4,146 VOTES AGAINST THE ADOPTION OF AMENDMENT NO FOUR 1,535 VOTES AMENDMENT NO FIVE SECTION 7 10 - PURCHASE PROCEDURE (b) The Caty Manager shall have authorzty to authoraze expen- datures w~thout approval of the Caty Councal for all budgeted items not exceedang three thousand dollars ($3,000 00) All contracts or purchases anvolvang the expendature of more than three thousand dollars ($3,000 00) shall be expressly approved an advance by the Caty Councal and shall be let to the lowest and best bad by a respon- sable bidder after there has been an opportunaty for compet~tave baddang, provlded that Clty Councal shall have the raght to reject any and all bads FOR THE ADOPTION OF AMENDMENT NO FIVE 2,972 VOTES AGAINST THE ADOPTION OF AMENDMENT NO FIVE 2,815 VOTES AMENDMENT NO SIX SECTION 8 03 - PREPARATION AND SUBMISSION OF BUDGET At least saxty days before the end of each fascal year, the Caty Manager shall submat to the Councal a proposed budget for the ensuing fascal year The budget shall provide a complete fanancaal plan for the f~scal year, and the budget shall be prepared on the baszs of polacy praorltles defaned by the Counczl for the City Manager at least one hundred twenty days before the end of the fascal year FOR THE ADOPTION OF AMENDMENT NO SIX 3,998 VOTES AGAINST THE ADOPTION OF AMENDMENT NO SIX 766 VOTES AMENDMENT NO SEVEN SECTION 10 01 - PLANNING AND ZONING COMMISSION (a) There s~all be a Plannang and Zonang Commlssaon which shall consast of seven Zeal property taxpayers, who durang thear respective terms of offace and for at least one year praor to beglnnang thereof, shall be resadents of the Caty of Denton They shall be appoanted by the Council for a term of two years, provaded four members shall be appoanted each odd-numbered year and three members each even-numbered year The Caty Manager, Mayor, and Darector of Communlty Development shall serve as ex-offzclo members of the Commission, but shall have no vote -3- (b) None of the appointed members shall hold any other public off~ce or pos~t~on ~n the City wh~le serving on the Planning and Zoning Commission The Planning and Zoning Commission shall elect its Chairman from among ~ts members Seven members shall serve without pay and shall adopt such rules and regulations as they deem best governing their actions, proceedings, deliberations, and t~mes and places of meetings FOR THE ADOPTION OF AMENDMENT NO SEVEN 4,079 VOTES AGAINST THE ADOPTION OF AMENDMENT NO SEVEN 1,018 VOTES AMENDMENT NO EIGHT SECTION 12 07 - THE PUBLIC UTILITIES BOARD (a) There ~s hereby created a Public utilIties Board to be com- posed of flve members, appointed by the Council for four year terms and until their respective successors have been appointed and qual~- fled, provlded that the members of the f~rst board appointed under this provision shall at their organizational meeting draw for terms as follows one shall draw a one year term, one a two year term, one a three year term, and two shall draw four year terms, and at the expiration of each of the terms so provided for, a member suc- cessor shall be appointed for a term of four years Members of the board may be removed by the Council only for cause and only after charges have been f~led and published and the member has been given a reasonable opportunlty to defend himself in an open public hearlng before the Councll Vacan¢les shall be filled for any unexpired term · n the same manner as provided for regular appointments FOR THE ADOPTION OF AMENDMENT NO EIGHT 4,873 VOTES AGAINST THE ADOPTION OF AMENDMENT NO EIGHT 1,259 VOTES AMENDMENT NO NINE SECTION 3 01 - MUNICIPAL ELECTIONS (a) The regular eleet~on for the choice of members of the City Council as provided ~n Article 2 shall be held each year on the f~rst Saturday ~n April The Council may by resolutIon order special elec- tions which shall be held as nearly as practicable according to the provisions for a regular electlon The hours and places for holding all city elections shall be determined by the City Council FOR THE ADOPTION OF AMENDMENT NO NINE 4,150 VOTES AGAINST THE ADOPTION OF AMENDMENT NO NINE 902 VOTES TOTAL NUMBER OF VOTES POLLED 7,255 SECTION III That the City Co.nell officially finds, determines and declares the results of said election to be that the ma3orlty of the votes cast were FOR the adoption of Amendments One, Two, Three, Four, F~ve, Slx, Seven, Elght& Nlne and that the said Amendments referred by the Council are hereby adopted, and that the ma3or~ty of the votes cas~ were AGAINST the adoptlon of Amendments None -4- and that the said Amendments referred by the Council are now de- feated SECTION IV The City Council officially orders that Amendments One, Two, Three, Four, Five, Slx, Seven, Eight and Nine to the City Charter of the City of Denton, Texas are hereby adopted and will become effective /4 days after the passage of this ordinance PASSED and APPROVED this the 5th day of April, A D 1976 TOM CITY OF DEN , CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM '%~AUL C-- ISHAM,-CITY ATTORNEY CITY OF DENTON, TEXAS -5- AMENDMENT NO ONE AMENDM£NT NO TWO AMENDMENT NO SEVEN SECTION 2 O1 THE COUNCIL, NUMBER, SELECTION SECTION 2 04 VACANCIES IN COUNCIL SECTION 10 02 PLANNING AND ZONING COMMISSIOh & TERM (a) There shall be a Planning and Zoning The Council shall have five members elected Where a vacancy in any place on the Council Commission which shall consist of seven by the quahf~ed voters of the entire city shall occur the vacant place shall be real property taxpayers who during their but each Counc~lperson shall be elected to f~l)ed by a special elect~on and where respective terms of office and for at and occupy a place on the council such necessary by a runoff election in the least one year prior to beginning thereof places being numbered One Two Three Four same manner as provided in this charter shall be residents of the City of Denton and Five The places of the Counc~lperson for the regular elect~on of the Council They shall be appointed by the Council l shall be designated on the official ballot person Such special election shall be for a term of two years provided four I~as Councilperson Places One Two Three he)d on a Saturday within sixty days follow members shall be appointed each odd numbered ~Four and F~ve The members of the Council lng the creation of the vacancy and the year and three members each even numbered ~$hall be elected ~n the manner prescribed runoff election where necessary shall be year The City Manager Mayor and '~min Article 3 for a term of two years and held on the fourteenth day after the D~rector of Community Development shall ~until their respective successors have preceding election provlded however that serve as ex officio members of the Commission l been elected and qualified where a vacancy shall occur within one but sha)l have no vote hundred and twenty days of a regular (bi Three Councilpersons shall be elected election no special elect~on to f~ll the (bi None of the appointed members shall hold on the f~rst Saturday in April 1977 At vacancy shall be called unless more than any other public office or position in the this elect~on the candidate who receives __°ne vacancy occurs _ City while serwng on the Planning and the mejor)ty of the votes cast for each AMENDMENT NO THREE --Zoning Con~nlssion The Planning and )lace shall be declared elected to that Zoning Commission shall elect its Chair l ~lace The places to be filled shall be ...................... man from amen- 1 Places One Two and /hree The two carry shall se ~---- rve without pay and ahal adopt ~over members shall fill Places Four and ..... ~ ~ . ~ . c, r business and the affirmative vote of three e iberations and times and places of ~qualtfied Thereatter three bouncl/pe sonsm ~ber~ -f the Cnunctl s~all ~e ss meetinn~ ~shall be elected ~n each odd numbered year . ~ ~ .... n Tw nd Thr d tw to repeal any oralnance or to take any _ ~?or Places u e o a ee an o official action in the name of the city Councilpersons shall be elected in even except that a four fifths vote of the total numbered year to Places Four and Five ____membership shall be required to override a decision of the Planning and Zoning AMENDMENT NO EIGHT Commission and except as otherwise prowded  in th~s Charter or by the general laws of SECTION 12 07 THE PUBLIC UTILITIES BOARD the State of Texas --(al There ~s hereby created a Public AMENDMENT NO FOUR Utilities Board to be composed of five members appointed by the Council for SECTION 2 08 POWERS OF THE COUNCIL four year terms and until their respective successors have been appointed and qualified (c) To approve members of all Boards provided that the members of the f~rst Commlasions, and Committees serwng the board appointed under this prows~on shall ~ City i at their organizational meeting draw for terms as follows one shall draw a one SECTION 3 04 CANVASS ELECTION RETURNS ~MENDMENT NO FIVE year term one a two year term one a RESULTS three year term and two shall draw four SECTION 7 10 PURCHASE PROCEDURE year terms and at the expiration of each (al Immediately after counting the votes the presiding judge shall deliver the (bi The City Manager shall have authority of the terms so provided for a member successor shall be appointed for a term of official returns of the election to the to authorize expenditures without approval four years Members of the board may be City Secretary On the next Tuesday of the City Council for all budgeted items removed by the Council only for cause and following the election the City Council not exceeding three thousand dollars only after charges have been filed and shall canvass the returns and declare the ($3 000 00) All contracts or purchases published and the member has been g3ven a results The returns of every municipal ~nvolwng the expenditure of more than reasonable opportunity to defend himself in elect~on shall be recorded in the minutes three thousand dollars ($3 000 00) shall an open public hearing before the Council of the Council be expressly approved in advance by the Vacancies shall be f~lled for any unexpired City Council and shall be let to the term ~n the same manner as provided for (bi The candidates receiving the majority lowest and best bid by a responsible regular appointments )f the votes cast for each place shall be bidder after there has been an opportunity ~eclared elected If no candidate receives for competitive bidding provided that -- ) majority or ~f there is a tie for any City Council shall have the right to )ne place the Council shall order a reject any and all bids second elect~on to be held on the fourteenth day after the first election to fill that AMENDMENT NO SIX AMENDMENT NO NINE )lace Dnly the names of the candidates vho tie for the highest number of votes castSECTION 8 03 PREPARATION AND SUBMISSION SECTION 3 O1 MUNICIPAL ELECTIONS for that place or the two candidates who OF BUDGET receive the highest number of votes with (al The regular election for the choice of neither having a majority of votes cast At least sixty days before the end of each members of the City Council as provided in for that place shall be printed on the fiscal year the City Manager shall submit Article 2 shall be held each year on the )allot for each election In the event of to the Council a proposed budget for the first Saturday in April The Council may ) tie vote at the second election the ensuing fiscal year The budget shall by resolution order special elect~ons :and~dates who t~e shall cast lots in the provide a complete financial plan for the which shall be held as nearly as practicable )resence of the C~ty Secretary to determine f~sca) year and the budget shall be according to the provisions for a regular vhlch one shall be declared elected and prepared on the bas~s of policy priorities election The hours and places for holding ;aid lots shall be cast within five days defined by the Council for the C~ty Manager all city elect~ons shall be determined by i f the second~l~_c~tion _ at least one hundred twenty days before the C~ty Council the end of the fiscal year