2009-199sAour documents\ordinances\09\2009 charter amendment.doc
ORDINANCE NO. z012q - I I
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)
r shall b
acr
l
All members of the -eo
eil and th
t
f
t
-
rm
a„
s
o
e e
ee
RIZ
e
e
or'
wo year
te
s
i
two vonr
he„ not be eligible fer eleetien to ner-e than throe (3) eensee t
t
t
tN
me
erms s eh terms to eefm er,ee
term to t
■t ~h1eh
to
the fi
t t
.
A
ue
~rrrr
...,L....r,~.r.r -~rr~rn~-~wv-~~rirr-~--ri=vrtr-
rs
wo year-
mi~rr
acscrr
o
ber or mayer is e,eeted after the adoption of this seetie
(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 Documents\Ordinances\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 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.
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 2.01, in the district in which elected; further, shall continuously
reside within the corporate limits of Denton and, if elected within a single mem-
bergeographic 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.
]n if L+a+ie eeeur-s shah beeeme mayef for- the eemplet on of the unexpired term
Sec. 2.04. Vacancies in council.
Page 2
S:\Our Documents\Ordinances\09\2009 Charter Amendment.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 eity manager fficers appointed by the city council and neither the council nor any
member thereof shall give orders to any subordinates of the eity manager- -officers 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
S:\Our 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 Noo?O Oq -Z 00 , 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\Ordinances\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.
5z
PASSED AND APPROVED this the day of 2009.
OU,OM, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED ALTO LEGAL FORM:
BURGESS, CITY ATTORNEY
BY: `
Page 5