2009-287_,sAour documents\ordinances\09\canvass charter election.doc
ORDINANCE NO. ~-~te /I
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF
THE MUNICIPAL ELECTION TO AMEND THE CITY CHARTER OF THE CITY OF DEN-
TON ON NOVEMBER 3, 2009; ENTERING AN ORDER IN THE RECORDS OF THE MU-
NICIPALITY DECLARING THAT THE CHARTER AMENDMENTS ARE ADOPTED; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds and declares that the November 3, 2009 election to
amend the City Charter was duly ordered for the purpose of submitting 4 propositions to the citi-
zens of the City for amendments to the City Charter; that proper notice of this election was duly
given and election officials appointed; and that the election was duly held and the returns of the
election officials have been delivered to the Council, all in accordance with the laws of the State
of Texas and the Charter. and ordinances of the City of Denton.
SECTION 2. The official returns of the election officials having been opened, examined,
and canvassed, and the Council hereby finds and declares that 19,353 ballots were cast at the
election, and that the votes cast for each proposition on the ballot for the City Charter election
were as follows:
TOTAL EARLY VOTES CAST:
PROPOSITION NO. 1.
SHALL SECTION 2.01(C) OF THE CITY CHARTER BE AMENDED TO CLARIFY
THAT CITY COUNCIL MEMBERS, INCLUDING THE MAYOR, MAY SERVE
THREE (3) FULL CONSECUTIVE TWO-YEAR TERMS IN A PLACE BUT THAT
COUNCIL MEMBERS MAY BE ELECTED TO ANOTHER PLACE ON THE
COUNCIL, SO LONG AS OTHERWISE ELIGIBLE, EXCEPT THAT NO COUNCIL
MEMBER SHALL SERVE FOR MORE THAN TWELVE CONSECUTIVE YEARS.
Yes 733
No 542
PROPOSITION NO. 2.
SHALL SECTION- 2.02(a)(2) OF THE CITY CHARTER BE AMENDED TO CLARI-
FY THAT EACH MEMBER OF THE CITY COUNCIL MUST RESIDE IN THE COR-
PORATE LIMITS OF DENTON FOR AT LEAST ONE YEAR BEFORE HIS OR HER
ELECTION AND, IF RUNNING IN A SINGLE MEMBER GEOGRAPHIC DISTRICT
OR AT LARGE PLACE FIVE (5) REQUIlUNG RESIDENCY IN DISTRICT ONE (1)
OR TWO (2), OR AT LARGE PLACE SIX (6) REQUIRING RESIDENCY IN DIS-
TRICT THREE (3) OR FOUR (4), MUST ALSO RESIDE IN HIS OR HER RESPEC-
TIVE DISTRICT FOR AT LEAST ONE YEAR BEFORE HIS OR HER ELECTION;
sAour documents\ordinances\09\canvass charter election.doc
FURTHERMORE EACH MEMBER OF THE CITY COUNCIL MUST CONTI-
NUOUSLY MAINTAIN SUCH RESIDENCY THROUGHOUT HIS OR HER TERM
OF OFFICE.
Yes 1,197
No 89
PROPOSITION NO. 3.
SHALL SECTION 2.03 AND SECTION 2.04 OF THE CITY CHARTER BE
AMENDED TO PROVIDE THAT A VACANCY IN THE OFFICE OF MAYOR DUR-
ING AN UNEXPIRED TERM WILL BE FILLED BY SPECIAL ELECTION, IN THE
SAME MANNER AS A VACANCY IN THE OTHER COUNCIL PLACES, RATHER
THAN PROVIDING THAT THE MAYOR PRO TEM SHALL BECOME MAYOR
FOR THE COMPLETION OF THE UNEXPIRED MAYORAL TERM.
Yes 923
No 358
PROPOSITION NO. 4.
SHALL SECTION 2.10 BE AMENDED TO PROVIDE THAT NEITHER THE CITY
COUNCIL NOR ANY MEMBER THEREOF SHALL DIRECT OR REQUEST THE
APPOINTMENT OF ANY PERSON TO, OR HIS OR HER REMOVAL FROM, OF-
FICE BY ANY OFFICER APPOINTED BY THE CITY COUNCIL, INCLUDING THE
CITY MANAGER, CITY ATTORNEY, CITY AUDITOR AND MUNICIPAL COURT
JUDGE, RATHER THAN LIMITING THIS PROHIBITION TO COUNCIL'S DEAL-
INGS WITH THE CITY MANAGER AND SHALL THE COUNCIL'S DEALINGS
WITH THE ADMINISTRATION SERVICES OF THESE OFFICES BE THROUGH
THE APPOINTED OFFICIALS.
Yes 949
No 277
TOTAL REGULAR VOTES CAST:
Proposition No. 1 Yes 1,179
No 1,051
Proposition No. 2 Yes 21097
No 159
Proposition No. 3 Yes 1,636
No 605
Proposition No. 4 Yes 1,668
No 472
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s:\our documents\ordinances\09\canvass charter election.doc
TOTAL VOTES CAST:
Proposition No. 1 Yes 1,912
No 1,593
Proposition No. 2 Yes 3,294
No 248
Proposition No. 3 Yes 2,559
No 963
Proposition No. 4 Yes 2,617
No 749
SECTION 3. The City Council finds and declares that: Proposition Nos. 1, 2, 3, and 4
were passed and the City Charter is hereby amended in accordance with these Propositions, and
that no Propositions were defeated.
SECTION 4. In accordance with Tex. Loc. Gov't Code §9.005, this Ordinance shall con-
stitute an order that Proposition Nos. 1, 2, 3, and 4 and all the amendments therein referenced
being Amendment Nos. 1, 2, 3, and 4 set forth in Section 1 of a conformed version of Ordinance
No. 2009-199, showing all amendments, which is incorporated herein and made a part of this
ordinance for all purposes, are adopted and have been approved by a majority of the qualified
voters of the City of Denton who voted at the election to consider the propositions to amend the
City Charter, and that there were no amendment Nos. in any section of said Ordinance that were
not adopted by the majority of the qualified voters. The City Secretary is hereby directed to en-
ter a full and correct copy of this Ordinance and Ordinance 2009-199 into the official minutes of
this meeting and it shall become an official record of the City of Denton.
SECTION 5. The City Secretary is hereby directed to send to the Secretary of State a cer-
tified copy of Ordinance No. 2009-199, along with a certified copy of this Ordinance canvassing
this election and certified copies of the amended Charter, one showing the amendments by show-
ing the additional language as underlined and with deleted language as strike outs, and one with
deleted language removed and new language in normal typeface. The City Secretary is hereby
directed to record in the City Secretary's office the Charter amendments adopted by the voters of
the City, and to provide a conformed version of the Charter with the amendments to be available
to all members of the public in accordance with Tex. Loc. Gov't Code §9.008.
SECTION 6. 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 7. This Ordinance shall become effective immediately upon its passage and
approval.
Page 3
sAour documents\ordinances\09\canvass charter election.doc
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
I
APPR/ ( ED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: \
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sAour documentslordinances10912009 charter amendment.doc
oxnnv.arrcE NO. _z012&?- I qq
AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON NOVEMBER 3, 2009 FOR
THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS
AMENDMENTS TO THE DENTON CITY CHARTER REGARDING TERMS OF OFFICE
AND TERM LIMITS; RESIDENCY REQUIREMENTS FOR CITY COUNCIL MEMBERS,
THE MANNER OF FILLING THE OFFICE OF MAYOR IN THE EVENT OF A VACANCY
DURING AN UNEXPIRED TERM OF OFFICE, AND LIMITATIONS ON CITY COUNCIL
MEMBERS DIRECTING OR REQUESTING THE APPOINTMENT OF ANY PERSON TO,
OR HIS OR HER REMOVAL FROM, OFFICE BY ANY OFFICER APPOINTED BY THE
CITY COUNCIL; AND, AUTHORITY TO TRANSFER UNENCUMBERED APPROPRIA-
TION BALANCES DURING THE FISCAL YEAR; PRESCRIBING THE TIME AND MAN-
NER OF THE CONDUCT OF THE ELECTION TO BE IN ACCORDANCE WITH AN
AGREEMENT WITH DENTON COUNTY; PRESCRIBING THE FORM OF THE BALLOT;
PROVIDING FOR NOTICE; PROVIDING FOR PUBLICATION OF NOTICE OF THIS
ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEET-
INGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Denton City Charter was last amended in 2006; and
WHEREAS, the, City Council finds that the proposed Charter amendment is in the public
interest and does not contain more than one subject; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. In accordance with the provisions of Tex. Loc. Gov't Code §9.004, there
shall be submitted to the voters of the City of Denton, Texas, at an election to be held on No-
vember 3, 2009, the following amendment to the Home-Rule Charter of the City of Denton, Tex-
as, which is shown by showing those portions which will be retained in normal type, the deleted
text in the existing Charter being shown as strikeouts, and new or additional text shown as under-
lined:
AMENDMENT 1
Article II, Section 2.01 (c) of the Charter shall be amended to read as follows:
Sec. 2.01. Number, selection and term.
(c)
ber V ~r "'notVe' in e~'e adept1a ii Vi n ,.t,,,«
1 ♦11K~ l V VlVV~Veeted Y K1LVl .+ftnr the V ✓L of this JtiIVL.
(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
SAOur Doc umen ts\Ord in ances\09\2009 Charter Amendment.doc
place, shall be eligible to file for election for that same place, whether elected be-
fore 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 inelieible 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.
AMENDMENT 2
Article II, Section 2.02 (a)(2) of the Charter shall be amended to read as follows:
Sec. 2.02(a)(2). Qualifications.
(a)(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, or at large place five (5) requiring residency in district one (1) or two (2),
or at large place six (6 requiring residency in district three (3) or four (4), as set
forth in Section 2.013 in the district in which elected; further, shall continuously
reside within the corporate limits of Denton and, if elected within a single mem-
ber geographic district, or at large place five (5) requiring residency in district one
(1) or two (2), or at large place six (6) requiring residency in district three (3) or
four (4), in the district in which elected throughout his or her term of office.
AMENDMENT 3
Article II, Section 2.03 and Section 2.04 of the Charter shall be amended to read as follows:
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 same powers and privileges as any other councilmember, including en-
titlement 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.
a .
Sec. 2.04. Vacancies in council.
Page 2
SAOur Documents\Ordinances\0912009 Charter Amendrrient.doc
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 Elec-
tion 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 va-
cancy shall be called, unless more than one vacancy occurs.
AMENDMENT 4
Article II, Section 2.10 of the Charter shall be amended to read as follows:
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 the eity manager- any officer appointed by the
city council under Sec. 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 manager-officers appointed by the city council and neither the council nor any
member thereof shall give orders to any subordinates of the eity fficers appointed by
the city council, either publicly or privately.
SECTION 2. The form of the ballot shall be substantially as follows:
PROPOSITION 1.
SHALL SECTION 2.01(C) OF THE CITY CHARTER BE AMENDED TO CLARIFY
THAT CITY COUNCIL MEMBERS, INCLUDING -THE MAYOR, MAY SERVE
THREE (3) FULL CONSECUTIVE TWO-YEAR TERMS IN A PLACE BUT THAT
COUNCIL MEMBERS MAY BE ELECTED TO ANOTHER PLACE ON THE
COUNCIL, SO LONG AS OTHERWISE ELIGIBLE, EXCEPT THAT NO COUNCIL
MEMBER SHALL SERVE FOR MORE THAN TWELVE CONSECUTIVE YEARS.
YES NO
PROPOSITION 2.
SHALL SECTION 2.02(4)(2) OF THE CITY CHARTER BE AMENDED TO CLARI-
FY THAT EACH MEMBER OF THE CITY COUNCIL MUST RESIDE IN THE COR-
PORATE LIMITS OF DENTON FOR AT LEAST ONE YEAR BEFORE HIS OR HER
ELECTION AND, IF RUNNING IN A SINGLE MEMBER GEOGRAPHIC DISTRICT
OR AT LARGE PLACE FIVE (5) REQUIRING RESIDENCY IN DISTRICT ONE (1)
OR TWO (2), OR AT LARGE PLACE SIX (6) REQUIRING RESIDENCY IN DIS-
Page 3
SA0ur Documents\Ordinances\09\2009 Charter Amendment.doc
TRICT THREE (3) OR FOUR (4), MUST ALSO RESIDE IN HIS OR HER RESPEC-
TIVE DISTRICT FOR AT LEAST ONE YEAR BEFORE HIS OR HER ELECTION;
FURTHERMORE EACH MEMBER OF THE CITY COUNCIL MUST CONTI-
NUOUSLY MAINTAIN SUCH RESIDENCY THROUGHOUT HIS OR HER TERM
OF OFFICE.
YES NO
PROPOSITION 3.
SHALL SECTION 2.03 AND SECTION 2.04 OF THE CITY CHARTER BE
AMENDED TO PROVIDE THAT A VACANCY IN THE OFFICE OF MAYOR DUR-
ING AN UNEXPIRED TERM WILL BE FILLED BY SPECIAL ELECTION, IN THE
SAME MANNER AS A VACANCY IN THE OTHER COUNCIL PLACES, RATHER
THAN PROVIDING THAT THE MAYOR PRO TEM SHALL BECOME MAYOR
FOR THE COMPLETION OF THE UNEXPIRED MAYORAL TERM.
YES NO
PROPOSITION 4.
SHALL SECTION 2.10 BE AMENDED TO PROVIDE. THAT NEITHER THE CITY
COUNCIL NOR ANY MEMBER THEREOF SHALL DIRECT OR REQUEST THE
APPOINTMENT OF ANY PERSON TO, OR HIS OR HER REMOVAL FROM, OF-
FICE BY ANY OFFICER APPOINTED BY THE CITY COUNCIL, INCLUDING THE
CITY MANAGER, CITY ATTORNEY, CITY AUDITOR AND MUNICIPAL COURT
JUDGE, RATHER THAN LIMITING THIS PROHIBITION TO COUNCIL'S DEAL-
INGS WITH THE CITY MANAGER AND SHALL THE COUNCIL'S DEALINGS
WITH THE ADMINISTRATION SERVICES OF THESE OFFICES BE THROUGH
THE APPOINTED OFFICIALS.
YES NO
SECTION 3. The election and early voting shall be conducted at the time and in the
manner specified in and in accordance with an agreement between Denton County and the City
approved by Ordinance No _ 6 6cl -Z QQ , with the general election being held on November
3, 2009.
SECTION 4. The 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.
SECTION 5. This Ordinance shall constitute the order and may serve as notice of the
election and shall be published and noticed in accordance with all applicable laws.
Page 4
S:\our Documents\0rdinances\09\2009 Charter Amendment.doc
SECTION 6. 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 Or-
dinance may be published in pamphlet form and shall be admissible in such form in any court, as
provided by law.
SECTION 7. 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 unconstitution-
al,- 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 remaining por-
tions despite any such invalidity.
SECTION 8. 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 the 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 9. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
VED AWO LEGAL FORM:
BURGESS, CITY ATTORNEY
BY. 1 A.~'
1~~
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