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2006-325ORDINANCE NO.6I0D 6 -3 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL ELECTION TO AMEND THE CITY CHARTER OF THE CITY OF DENTON ON NOVEMBER 7, 2006; ENTERING AN ORDER IN THE RECORDS OF THE MUNICIPALITY 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 7, 2006 election to amend the City Charter was duly ordered for the purpose of submitting 22 propositions to the citizens 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 17,341 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. I - Annexation: Shall, Section 1.03 of the City Charter be amended to eliminate the publication of the proposed annexation ordinance and to substitute the requirement of a five-sevenths vote of the city council for the current four-fifths vote of the Council necessary to annex land outside the city into the city? Yes - 3,289 No - 3,616 PROPOSITION NO. 2 - No Expansion of Liability: Shall Subsection 1.06 (1) of the City Char- ter be amended to remove the word "ordinary" liability to clarify that Section 1.06 of the Charter shall not be construed to expand any liability of the city? Yes- 3,711 No - 2,967 PROPOSITION NO. 3 - City Council Elections: Shall Subsection 3.01 (a) of the City Charter be amended to provide that council elections will be held on the uniform election day in May in compliance with the Election Code? Yes - 5,664 No- 1,276 PROPOSITION NO. 4 - Council Meetings: Shall Subsection 2.05 (a) of the City Charter be amended to provide that the council shall meet as soon as practicable after each city council elec- tion and in accordance with applicable law, instead of specifying a precise date, and that special called council meetings may be either at city hall or other locations accessible to the public, in contrast to regular meetings, which are required to be at city hall? Yes - 4,539 No - 2,376 PROPOSITION NO. 5 - Council Minutes: Shall Section 2.07 of the City Charter be amended to clarify that minutes of council meetings such as certain executive sessions under the Texas Open Meeting Act, do not have to be taken and preserved under certain circumstances where author- ized by law? Yes - 2,362 No- 4,518 PROPOSITION NO. 6 - City Auditor: Shall Section 2.08 and Article VI of the City Charter be amended to provide that a city auditor shall be appointed by and have his or her salary set by the council, and serve at the pleasure of the council to perform auditing duties that may be assigned by the council or the city manager at the direction of council? Yes- 4,145 No - 2,735 PROPOSITION NO. 7 - Powers of Council: Shall Section 2.08 of the City Charter be amended to clarify that the council sets the salaries of its appointees; that the city manager sets the salaries of all other employees; that the council has the authority to adopt all zoning and land use regula- tions to the fullest extent allowed by law; and that the council after receiving a recommendation from the planning and zoning commission may adopt, modify and carry out plans related to slum clearance, rehabilitation of blighted areas and improvement and redevelopment of areas being destroyed in whole or in part by a disaster? Yes - 3,694 No - 3,184 Page 2 PROPOSITION NO. 8 - Introduction of Ordinance: Shall Subsection 2.09 (b) of the City Char- ter be amended to allow the introduction of a city ordinance in electronic form, in addition to written or printed form? Yes- 5,138 No- 1,799 PROPOSITION NO. 9 - City Manager and Subordinates: Shall Section 5.03 of the City Charter be amended to clarify that the city manager appoints and removes any employee other than council appointees, and except as he or she may authorize the head of a department to appoint and remove subordinates in such department; and be amended to eliminate the requirement that department heads with six months service are afforded, upon demand a written statement of rea- sons for removal, and at his or her request a public hearing before the council before removal? Yes - 3,700 No - 3,089 PROPOSITION NO. 10 - City Attomev: Shall Sections 6.01 and 6.02 of the City Charter be amended to clarify that the city attorney serves at the pleasure of the council and that the city at- torney may designate an assistant city attorney to act as city attorney for absences not exceeding three weeks? Yes - 4,746 No- 2,135 PROPOSITION NO. 11 - Budget: Shall Section 8.03 of the City Charter be amended to change the annual budget submission deadline to match state law and shall Section 8.08 of the Charter related to amending the budget be deleted and replaced by a provision that allows the budget to be amended for municipal purposes by the affirmative vote of five council members in accor- dance with state law? Yes- 4,706 No - 2,061 PROPOSITION NO. 12 - Bond Elections: Shall Subsection 9.02 (a) of the City Charter be amended to delete the requirement that qualified voters at a general obligation bond election have to be property taxpayers since such a requirement has been declared unconstitutional by the US Supreme Court? Yes - 4,414 No - 2,476 Page 3 PROPOSITION NO. 13 - Sale of Bonds: Shall Section 9.04 of the City Charter related to the procedural requirements for the sale of bonds be amended by deleting all of the text and in its place provide that all bonds shall be sold in accordance with applicable law? Yes - 4,587 No - 2,129 PROPOSITION NO. 14 - Planning and Zoning Commission: Shall Section 10.02 of the City Charter be amended to; delete the requirement that members of the Planning and Zoning Com- mission must be real property taxpayers; delete the requirement that the city manager, mayor and director of community development are ex officio members; and provide that commission rules and regulations are subject to council review? Yes- 3,338 No - 3,512 PROPOSITION NO. 15 - Planning and Zoning Commission Powers and Duties: Shall Section 10.03 of the City Charter be amended to; (a) clarify that the Planning and Zoning Commission shall have all of the powers and du- ties provided by state law; (b) provide that the commission instead of adopting platting and subdivision regulations, shall make recommendations to the council regarding such regulations; (c) delete the requirement that the commission draft the official map of the City and to provide that the commission shall make recommendations to the council as to proposed changes to the map; (d) provide that the commission shall make recommendations to council regarding pro- posed zoning changes instead of recommending approval or disapproval of such changes; (e) require the commission's submission to the city manager of recommended capital im- provements prior to the beginning of the budget year, instead of not less than 60 days prior to the budget year; ' (f) eliminate Subsection 10.03 (b) (2) relating to employment of city planners and con- sultants; and (g) eliminate the provision that the commission may place and maintain monuments and marks on land? Yes - 3,689 No - 2,873 Page 4 PROPOSITION NO. 16 - Legal Effect of Master Plan: Shall Section 10.05 of the City Charter be amended so that the requirement that no street, park, or other public way, ground or space, no public building or structure and no public utility shall be constructed or authorized in the city, unless it is first submitted to the planning and zoning commission, does not apply to circum- stances where plat approval is not required or the public improvement is so small as not to ap- pear on the master plan? Yes - 4,128 No - 2,621 PROPOSITION NO. 17 - Platting and Subdivision Control: Shall Section 10.08 of the City Charter be amended to provide that the planning and zoning commission shall recommend to the council the adoption of platting and subdivision regulations in order to conform this provision to state law? Yes- 4,871 No - 1.761 PROPOSITION NO. 18 - Regulation of Constructiom Shall Subsection 10.10 of the City Char- ter be amended to clarify that the city's authority to regulate the construction and use of build- ings and structures includes new construction, renovations, and reconstruction? Yes - 4,301 No - 2,457 PROPOSITION NO. 19 - Slum Clearance and Rehabilitation of Blighted Areas: Shall Subsec- tion 10.12 of the City Charter be amended to provide that the council may adopt, modify and carry out plans for the clearance of slum districts and blighted areas, after receiving a recom- mendation from the planning and zoning commission. Yes - 4,473 No - 2,446 PROPOSITION NO. 20 - Public Utilities Board: Shall Sections 12.07 and 12.08 of the City Charter be amended to provide: (a) that a majority of members of the Public Utilities Board shall constitute a quorum, (b) that a permanent record of the board's proceedings shall be maintained, except as oth- erwise provided by law, (c) clarification that the board serves the council, in addition to the department of utilities, (d) that the board is a consulting and advisory board and not supervisory, and Page 5 (e) that the board's annual recommended capital improvements be submitted to the plan- ning and zoning commission prior to the beginning of the budget year? Yes - 4,974 No- 1,728 PROPOSITION NO. 21 - Regulation of Franchised Utilities: Shall Section 13.04 of the City Charter be amended to revise Subsection 13.04 (k) in its entirety to require each utility operating in the city to file with the city such reports and other information pertaining to its operations that are required by its franchise agreement with the city, this charter, city code, other applicable laws, or that may be required from time to time by the council? Yes - 5,028 No- 1,664 PROPOSITION NO. 22 - Nepotism: Shall Section 14.05 of the City Charter be amended to clarify that the prohibition against any person being appointed or employed by the city who is close relative to a council member does not apply to a person who was appointed or employed by the city prior to the appointment or election of the council member? Yes - 4,667 No - 2,264 TOTAL REGULAR VOTES CAST: Proposition No. 1 Yes - 3,223 No- 3.112 Proposition No. 2 Yes - 3,362 No - 2,699 Proposition No. 3 Yes - 5,467 No - 942 Proposition No. 4 Yes- 4,437 No- 1,911 Proposition No. 5 Yes - 2,301 No - 3,997 Proposition No. 6 Yes - 3,930 No - 2,368 Proposition No.7 Yes- 3,357 No - 2,933 Page 6 Proposition No. 8 Proposition No. 9 Proposition No. 10 Proposition No. 11 Proposition No. 12 Proposition No. 13 Proposition No. 14 Proposition No. 15 Proposition No. 16 Proposition No. 17 Proposition No. 18 Proposition No. 19 Proposition No. 20 Proposition No. 21 Proposition No. 22 Page 7 Yes - 5,085 No- 1,319 Yes - 3,570 No - 2,569 Yes - 4,441 No- 1,801 Yes - 4,432 No- 1,685 Yes - 4,220 No - 2,073 Yes - 4,364 No- 1,697 Yes - 3,374 No - 2,852 Yes - 3,423 No - 2,437 Yes - 3,967 No - 2,134 Yes - 4,515 No - 1,417 Yes- 3,893 No - 2,262 Yes - 4,042 No - 2,268 Yes - 4,571 No - 1,389 Yes - 4,588 No- 1,413 Yes - 4,433 No- 1,876 TOTAL VOTES CAST: Proposition No. 1 Proposition No. 2 Proposition No. 3 Proposition No. 4 Proposition No. 5 Proposition No. 6 Proposition No. 7 Proposition No. 8 Proposition No. 9 Proposition No. 10 Proposition No. 11 Proposition No. 12 Proposition No. 13 Proposition No. 14 Proposition No. 15 Page 8 Yes - 6,512 No - 6,728 Yes - 7,073 No- 5,666 Yes -11,131 No- 2,218 Yes - 8,976 No - 4,287 Yes - 4,663 No- 8,515 Yes - 8,075 No - 5,103 Yes - 7,051 No- 6,117 Yes - 10,223 No- 3,118 Yes - 7,270 No - 5,658 Yes - 9,187 No - 3,936 Yes- 9,138 No - 3,746 Yes - 8,634 No - 4,549 Yes - 8,951 No - 3,826 Yes- 6,712 No - 6,364 Yes- 7,112 No - 5,310 Proposition No. 16 Yes - 8,095 No- 4,755 Proposition No. 17 Yes - 9,386 No - 3,178 Proposition No. 18 Yes - 8,194 No- 4,719 Proposition No. 19 Yes - 8,515 No - 4,714 Proposition No. 20 Yes - 9,545 No- 3,117 Proposition No. 21 Yes - 9,616 No - 3,077 Proposition No. 22 Yes - 9,100 No - 4,140 SECTION 3. The City Council finds and declares that: Proposition Nos. 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 , and 22 were passed and the City Charter is hereby amended in accordance with these Propositions, and that P roposition Nos. 1 and 5 were defeated. SECTION 4. In accordance with Tex. Loc. Gov't Code §9.005, this ordinance shall con- stitute an order that Proposition Nos. 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22, and all the amendments therein referenced being Amendment Nos. 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23 set forth in Section 1 of a conformed ver- sion of Ordinance No. 2006-232, showing all amendments, which is attached hereto 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 Amendment Nos. I and 4 in Section 1 of said ordinance 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 the attached Ordinance 2006-232 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 certi- fied copies of the attached Ordinance Nos. 2006-232 and 2006-297, along with a certified copy of this ordinance canvassing this election and certified copies of the amended Charter, one show- ing the amendments by showing 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 amend- ments adopted by the voters of the City, and to provide a conformed version of the Charter with Page 9 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. PASSED AND APPROVED this the day of 12006. N C'1 (GAY PERRY R. M NEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR VED S TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: s1our U um rds\0admmn,,~Wm chvernno Page 10 2006 GENERAL ELECTION - CITY OF DENTON CUMULATIVE - Unofficial DENTON COUNTY ELECTIONS - November 2006 General Election - November 07, 2006 Page 1 of 4 11114/2006 09:14 AN Total Number of Voters : 109,327 of 268,128 = 40.77% Precincts Reporting 191 of 191 = 100.00°i Number of District Voters: 17,341 of 41,569 = 41.72% District Precincts Reporting 41 of 41 = 100.00°r Party Candidate Early Election Total PROPOSITION NO. 1 - DENTON, Vote For 1 YES 3,289 47.63% 3,223 50.88% 6,512 49.18% NO 3,616 5237% 3,112 49.12% 6,728 50.82% Cast Votes: 6,905 76.75% 6,335 75.92% 13,240 76.35% PROPOSITION NO. 2 - DENTON, Vote For 1 YES NO Cast Votes: 3,711 55.57% 2,967 44.43% 6,678 74.22% 3,362 55.47% 2,699 44.53% 6,061 72.64% 7,073 55.52% 5,666 44.48% 12,739 73.46% PROPOSITION NO. 3 - DENTON, Vote For 1 YES NO 5,664 81.61% 5,467 85.30% 11,131 83.38% 1,276 18.39% 942 14.70% 2,218 16.62% Cast Votes: 6,940 77.14% 6,409 76.81% 13,349 76.98% PROPOSITION NO. 4 - DENTON, Vote For 1 YES NO 4,539 65.64% 4,437 69.90% 8,976 67.68% 2,376 34.36% 1,911 30.10% 4,287 32.32% PROPOSITION NO. 5 - DENTON, Vote For 1 YES NO 2,362 34.33°/ 4,518 65.67% 6,348 76.08% 2,301 36.54% 3,997 63.46% 13,263 76.48% 4,663 35.38% 8,515 64.62% Cast Votes: 6,915 76.86% Cast Votes: 6,880 76.47% 6,298 75.48°/ 13,178 75.99% PROPOSITION NO. 6 - DENTON, Vote For 1 YES 4,145 60.25% 3,930 62.40% 8,075 61.28% NO 2,735 39.75% 2,368 37.60% 5,103 38.72% Cast Votes: 6,880 76.47% 6,298 75.48% 13,178 75.99% PROPOSITION NO. 7 - DENTON, Vote For 1 YES 3,694 53.71% 3,357 53.37% 7,051 53.55% NO 3,184 46.29% 2,933 46.63% 6,117 46.45% Cast Votes: 6,878 76.45% 6,290 75.38% 13,168 75.94% 2006 GENERAL ELECTION - CITY OF DENTON CUMULATIVE - Unofficial DENTON COUNTY ELECTIONS - November 2006 General Election - November 07, 2006 Page 2 of 4 1111412006 09:14 All Total Number of Voters : 109,327 of 268,128 = 40.77% Precincts Reporting 191 of 191 = 100.00° Number of District Voters: 17,341 of 41,569 = 41.72% District Precincts Reporting 41 of 41 = 100.00°r Party Candidate Early Election Total PROPOSITION NO. 8 - DENTON, Vote For 1 YES 5,138 74.07% 5,085 79.40% 10,223 76.63% NO 1,799 25.93% 1,319 20.60% 3,118 23.37% Cast Votes: 6,937 77.10% 6,404 76.75% 13,341 76.93% PROPOSITION NO. 9 - DENTON, Vote For 1 YES 3,700 54.50% 3,570 58.15% 7,270 56.23% NO 3,089 45.50% 2,569 41.85% 5,658 43.77% Cast Votes: 6,789 75.46% 6,139 73.57% 12,928 74.55% PROPOSITION NO. 10 - DENTON, Vote For 1 YES 4,746 68.97% 4,441 71.15% 9,187 70.01% NO 2,135 31.03% 1,801 28.85% 3,936 29.99% Cast Votes: 6,881 76.48% 6,242 74.81% 13,123 75.68% PROPOSITION NO. 11 - DENTON, Vote For 1 YES 4,706 69.54% 4,432 72.45% 9,138 70.93% NO 2,061 30.46% 1,685 27.55% 3,746 29.07% Cast Votes: 6,767 75.21% 6,117 73.31% 12,884 74.30% PROPOSITION NO. 12 - DENTON, Vote For 1 YES 4,414 64.06% 4,220 67.06% 8,634 65.49% NO 2,476 35.94% 2,073 32.94% 4,549 34.51% Cast Votes: 6,890 76.58% 6,293 75.42% 13,183 76.02% PROPOSITION NO. 13 - DENTON, Vote For 1 YES 4,587 68.30% 4,364 72.00% 8,951 70.06% NO 2,129 31.70% 1,697 28.00% 3,826 29.94% Cast Votes: 6.716 74.65% 6,061 72.64°% 12,777 73.68% PROPOSITION NO. 14. DENTON, Vote For 1 YES 3,338 48.73% 3,374 54.19% 6,712 51.33% NO 3,512 51.27% 2,852 45.81% 6,364 48.67% Cast Votes: 6,850 76.14% 6,226 74.62°% 13,076 75.41% 2006 GENERAL ELECTION - CITY OF DENTON CUMULATIVE - Unofficial DENTON COUNTY ELECTIONS - November 2006 General Election - November 07, 2006 Page 3 of 4 11/14/2006 09:14 Aft Total Number of Voters : 109,327 of 268,128 = 40.77% Precincts Reporting 191 of 191 = 100.00°i Number of District Voters: 17,341 of 41,569 = 41.72% District Precincts Reporting 41 of 41 = 100.00°r Party Candidate Early Election Total PROPOSITION NO. 15 - DENTON, Vote For 1 YES 3,689 56.22% 3,423 58.41% 7,112 57.25% NO 2,873 43.78% 2,437 41.59% 5,310 42.75% Cast Votes: 6,562 72.94% 5,860 70.23% 12,422 71.63% PROPOSITION NO. 16 - DENTON, Vote For 1 YES 4,128 61.16% 3,967 65.02% 8,095 63.00% NO 2,621 38.84% 2,134 34.98% 4,755 37.00% Cast Votes: 6,749 75.01% 6,101 73.12% 12,850 74.10% PROPOSITION NO. 17 - DENTON, Vote For 1 YES 4,871 73.45% 4,515 76.11% 9,386 74.71% NO 1,761 26.55% 1,417 23.89% 3,178 25.29% Cast Votes: 6,632 73.71% 5,932 71.09% 12,564 72.45% PROPOSITION NO. 18 - DENTON, Vote For 1 YES 4,301 63.64% 3,893 63.25% 8,194 63.46% NO 2,457 36.36% 2,262 36.75% 4,719 36.54% Cast Votes: 6,758 75.11% 6,155 73.77% 12,913 74.47% PROPOSITION NO. 19. DENTON, Vote For 1 YES 4,473 64.65% 4,042 64.06% 8,515 64.37% NO 2,446 35.35% 2,268 35.94% 4,714 35.63% Cast Votes: 6,919 76.90% 6,310 75.62% 13,229 76.29% PROPOSITION NO. 20 - DENTON, Vote For 1 YES 4,974 74.22% 4,571 76.69% 9,545 75.38% NO 1,728 25.78% 1,389 23.31% 3,117 24.62% Cast Votes: 6,702 74.49% 5.960 71.43% 12,662 73.02% PROPOSITION NO. 21 - DENTON, Vote For 1 YES 5,028 75.13% 4,588 76.45% 9,616 75.76% NO 1,664 24.87% 1,413 23.55% 3,077 24.24% Cast Votes: 6,692 74.38% 6,001 71.92% 12,693 73.20% ✓1 2006 GENERAL ELECTION - CITY OF DENTON CUMULATIVE - Unofficial DENTON COUNTY ELECTIONS - November 2006 General Election - November 07, 2006 Page 4 of 4 11/14/2006 09:14 All Total Number of Voters : 109,327 of 268,128 = 40.77% Precincts Reporting 191 of 191 = 100.00° Number of District Voters: 17,341 of 41,569 = 41.72% District Precincts Reporting 41 of 41 = 100.00°i Party Candidate Early Election Total PROPOSITION NO. 22 - DENTON, Vote For 1 YES 4,667 67.34% 4,433 70.26% NO 2,264 32.66% 1,876 29.74% Cast Votes: 6,931 77.04% 6,309 75.61° 9,100 68.73% 4,140 31.27% 13,240 76.35% rh ~l U' W C ORDINANCE NO. 000 --a33og AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY CHARTER REGARDING ANNEXATION PRO- VISIONS, NO EXPANSION OF CITY LIABILITY, COUNCIL ELECTIONS, COUNCIL MEETINGS, COUNCIL MINUTES, CITY AUDITOR, POWERS OF COUNCIL, INTRO- DUCTION OF ORDINANCES, CITY MANAGER AND SUBORDINATES, CITY ATTOR- NEY, BUDGET, BOND ELECTIONS, SALE OF BONDS, PLANNING AND ZONING COMMISSION, LEGAL AFFECT OF MASTER PLAN, PLATTING AND SUBDIVISION CONTROL, REGULATION OF CONSTRUCTION, SLUM CLEARANCE AND REHABILI- TATION OF BLIGHTED AREAS, PUBLIC UTILITIES BOARD, REGULATION OF FRAN- CHISED UTILITIES, AND NEPOTISM; PRESCRIBING THE TIME AND MANNER OF THE CONDUCT OF THE ELECTION TO BE IN ACCORDANCE WITH AN AGREEMENT WITH DENTON COUNTY; PRESCRIBING THE FORM OF BALLOT; PROVIDING FOR NOTICE; PROVIDING FOR PUBLICATION OF NOTICE OF THIS ELECTION; PROVID- ING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton City Charter was last amended in 1999: and WHEREAS, the City Council finds that the proposed Charter amendments are in the pub- lic interest and do 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 7, 2006, the following amendments to the Home-Rule Charter of the City of Denton, Texas, which are 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 underlined: AMENDMENT NO. 1 Section 1.03 of the Charter shall be amended to read as follows: Sec. 1.03. Extension of city limits. The city council, by a majority vote of not less than four f4fths 5) five sevenths (5/7) of its membership, shall have the power by ordinance to provide for the alteration and extension of said boundary limits, and the annexation of territory lying adjacent to outside the city, with or without the consent of the inhabitants of the territory annexed, subiect to anolicable state law. SA0ur L ocuments\Ordinanco*6@006 Charter Amendments-8-28-06-Option I]loc least tMiAy (30) days after- the publiemi.n the.eefi, and upon tl,e final passage of aH5s •"h 99th n°""° eF U15' aFROH 1"'nnt th ffOt.. th@ 130un L..., lifnits of the city shall ihpFeager he fNed thereby. When any additional territory has been so annexed, same shall be a part of the City of Denton, and the property situated therein shall be subject to and shall bear its pro rata part of the taxes levied by the city, and the inhabitants thereof shall be entitled to and shall possess all the rights and privileges of the citizens of the City of Denton, and shall be under obligations as such citizens. AMENDMENT NO. 2 Subsection 1.06 (f) of the Charter shall be amended to read as follows: (f) No provision of this section shall ever be so construed to expand the erdirlery liability of the city. AMENDMENT NO.3 Subsection 2.05 (a) of the Charter shall be amended to read as follows: (a) , eAs soon theFeehef 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. There- after, 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. All m°°t_ngr o. the coon°:l ,hall he he'd a! the eity hall unless the esiffl;A0 sh-all by ardiHanee or Feselution designate eeether plaee Special called meetings may be held from time to time at city hall or other locations accessible to the public. AMENDMENT NO.4 Section 2.07 of the Charter shall be amended to read as follows: 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. M7Minutes of all meetings of the council shall be taken and preserved as a permanent record open to the public for inspection. Page 2 SAOur Documents\0rdinances\06\2006 Charter Amendments-8-28-06-0ption I.doc AMENDMENT NO.5 Section 2.08 of the Charter shall be amended to read as follows: 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 attomey, 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 court iu~ dge and, in eeepera4ion with the eity HiaaageF, a!! other . (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 whic may gut and f4° the height and number of -AtO-FiR-6 Of h-1-110-diRgS and ether StFdGtUF88, the size of yards and e9tifts, the density of pepu t^>:,. ^nd the lru~tin and n^.. ,.o buildingsc r ......t,. ndust.., t.....:nes is other pur-peries. (j) 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. (l) After receiving a recommendation from the planning commission ,-adopt, modify and carry out plans pFepesed by the p! for the clearance of slum districts and rehabilitation of blighted areas, and for the replanning, improvement and redevelop- Page 3 SAOur Ducument \Ordinances\06\2006 Chaner Amendments-8-2M6-0p[ion Ldoc ment of any area or district which may have been destroyed in whole or in part by disas- ter. (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 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 investi- gations of municipal affairs. (r) Provide for an independent audit. (s) Perform the districting and redistricting function. AMENDMENT NO. 6 Subsection 2.09 (b) of the Charter shall be amended to read as follows: (b) Every ordinance shall be introduced in written, of 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 ordi- nance 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. AMENDMENT NO.7 Subsection 3.01 (a) of the Charter shall be amended to read as follows: Sec. 3.01. Municipal elections. (a) The regular election for the choice of members of the City Council as provided in Article II shall be held each year on the € 4 Saturday uniform election day for municipal elec- tions in May established by the Election Code. The Council may by resolution or ordinance order special elections Page 4 SAOur Docu=m ordinances\06\2006 Charter Amendments-8-2M(rOption I.doc which shall be held as nearly as practicable according to the provisions for a regular elec- tion. The hours and places for holding all City elections shall be determined by the City Council. All elections shall be conducted in accordance with the Election Code and all other applicable laws as they now read or may hereafter be amended. AMENDMENT NO.8 Section 5.03 of the Charter shall be amended to read as follows: Sec. 5.03. The city manager: powers and duties. The city manager shall be the chief executive officer and the head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city placed under his control by this Charter or by ordinance or resolution of the council, and to that end he shall: (a) Appoint and when ^ es ^ , for the geed of the se remove any-e€fieeF-ef employee of the city, except as otherwise provided by this Charter and except as he, or she may au- thorize the head of a department to appoint and remove subordinates in such department. , if the POF6814 FeRION'Od 60 shalt he ^_^a^ by the e 'a the persen a h il Whe re demands, be (b) Prepare the annual budget and submit it to the council and be responsible for its admini stration after adoption. (c) Prepare and submit to the council at the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year. (d) Attend all meetings of the council, with the right to take part in the discussion, but having no vote. (e) Keep the council advised of the financial condition and future needs of the city and make such recommendations as may seem to,him desirable. (f) Appoint, subject to the approval of the council, the city secretary. (g) Perform such other duties as may be prescribed by this Charter or required of him by the council not inconsistent with this Charter. Page 5 S:\Our DacumentsUrdinances\06\2006 Charter Amendments-8-28-06-Option Ldoc AMENDMENT NO.9 Portions of Article Vi, Sections 6.01 and 6.02 of the Charter shall be amended and Sec- tion 6.04 shall be added to read as follows: ARTICLE VI. CITY ATTORNEY, 4 ND MUNICIPAL COURT, AND CITY AUDITOR See. 6.01. City attorney: appointment. The city attorney, who shall be head of the legal department, shall be a qualified attorney- at-law licensed to practice in the State of Texas. He, or she shall be appointed by the council serve at the pleasure of the city council. He, or she shall receive such compensation as may be fixed by the council. Sec. 6.02. City attorney: powers and duties. (a) The city attorney shall represent the city in all litigation and controversies and shall prosecute all cases brought before the municipal court. He, or she shall draft, approve or file his or her written opinion on the legality of every proposed ordinance before it is acted upon by the council, and shall pass upon all documents, contracts and other legal instruments in which the city may have an interest. (b) He, or she shall be the legal advisor of the city manager, city council, and of all boards, commissions, agencies, officers and employees with respect to any legal question involv- ing their official powers or duties. He, or she shall perform such other duties as may be required by statute, by this Charter or by ordinance. (c) The council may authorize the appointment of such assistant city attorneys as may be needed to perform the duties of this department. The city attorney may designate an assis- tant city attorney to act as city attorney in case of his or her temporary absence of not more than three weeks. The council may of authorize the appointment of a temporary city attorney to act for the city attorney in the case of #is a longer temporary absence or dis- ability. Sec. 6.04. City Auditor The city auditor shall be appointed by the council and shall serve at the pleasure of the council, and shall perform such auditing duties as may be assigned from time to time by the council, or by the city manager at the direction of the council. AMENDMENT NO. 10 Section 8.03 of the Charter shall be amended to read as follows: Page 6 SAOur IWuments\0rdinanm%6\2006 charter Amendments-8-28-06-Option Uoc See. 8.03. Preparation and submission of budget. At least sixty(60) days before thq end of @aeh fireal Within the time Period required by law, the city manager shall submit to the council a proposed budget for the ensuing fiscal year. The budget shall provide a complete financial plan for the fiscal year, and the budget shall be prepared on the basis of policy priorities defined by the council for the city manager at least one hundred twenty (120) days before the end of the fiscal year. AMENDMENT NO. 11 Section 8.08 of the Charter shall be amended to read as follows: Sec. 8.08. Amending the budget. e+iginal budget, may he autherii~ed by the aff4fmative vate of at least f4k,@ (5) Of the ffieffibSFS of Batty-edepted- The budget may be amended fdr municipal ourooses by the affirmative vote of at least five (5) members of the council in accordance with applicable law. AMENDMENT NO. 12 Subsection 9.02 (a) of the Charter shall, be amended to read as follows: (a) After approval by a majority of the qualified prope4y4axpayi*g voters voting at an gen- eral obligation bond election called for the purpose of authorizing the issuance of general obligation bonded debt, the City shall authorize the issuance of such bonds by a bond or- dinance passed by an affirmative vote of a majority of all members of the Council. The City Council may approve the issuance of revenue bonds without an election by authoriz- ing the issuance of such bonds by bond ordinance passed by an affirmative vote of the majority of all members of the Council. AMENDMENT NO. 13 Section 9.04 of the Charter shall be amended to read as follows: See. 9.04. Sale of bonds. Page 7 SAOur Ncuments\Ordinmmc 06\2006 Charter Amendments-8-284)6-0ption V doe AMENDMENT NO. 14 Shall Section 10.02 of the Charter be amended to read as follows: Sec. 10.02. Planning and zoning commission. (a) There shall be a planning and zoning commission which shall consist of seven (7) real PrefleRy-taxpayers members, who, during their respective terms of office and for at least one year prior to beginning thereof, shall be residents of the City of Denton. They shall be appointed by the council for a term.of two (2) years, provided four (4) members shall be appointed each odd-numbered year and three (3) members each even-numbered year. (b) None of the appointed members shall hold any other public office or position in the city while serving on the planning and zoning commission. The planning and zoning commis- sion shall elect its chairman from among its members. Seven (7) members shall serve without pay and shall adopt such rules and regulations as they deem best governing their Page 8 S:\Our Dotumente\Ordina=c \06\2006 Charter Amendmenu-S-2"-Option Vdo actions, proceedings, deliberations, and the times and places of meetings, subject to council review. (c) If a vacancy occurs in the city planning and zoning commission the council shall appoint a commissioner to fill such vacancy for the unexpired term. AMENDMENT NO. 15 Section 10.03 of the Charter shall be amended to read as follows: See. 10.03. Planning and zoning commission: Powers and duties. (a) In addition to the powers and duties set forth in this charter T the planning and zoning commission shall have the powers and duties of a Planning and zoning commission under state law, including without limitation those under Chapters 211 and 212 of the Texas Local Government_ Code, as may be amended from time to time and shall perform such other Powers and duties as may be assigned by the council The planning and zoning commission may: (1) Make, amend, extend and add to the master plan for the physical development of the city. (2) FeFmulate and adef4 Recommend to the council regulations governing the plat- ting or subdividing of land within the city. (The applicable provisions of Chapter Chanter 212 of the Texas Local Government Code as now or hereafter amended, are hereby adopted and made a part of this charter, and shall be controlling on the planning and zoning commission.) (3) eppre,.,al Make recommendations to the council regarding of proposed changes irr to said the official map of the city and keep such map up-to-date so as to reflect any changes in the boundary or the zoning plan of the city. (4) Make and recommend plans for the clearance and rebuilding of any slum districts or blighted areas within the city. (5) Make recommendations to the council regarding~tro- posed changes in the zoning plan and ordinance of this city and have all the power, duty and authority of a zoning commission as provided in Givil Statutes, 1949; AFtiele lgllf-, as fiew or hereafter amended, (AE.T.G.A., be Chapter 211 of the Texas Local Government Code, as now or as hereinafter amended all of which are hereby adopted as a part of this charter. Page 9 S:\Our nocuments\Ordinanece\06\2006 Charier Amendments-8-28-06-Option I.doc (6) Submit annually to the City Manager, prior to the be- ginning of the budget year, a list of recommended general obligation capital im- provements which in the opinion of the Commission ought to be constructed dur- ing the forthcoming five (5) year period. (Such list shall be arranged in order of preference, with recommendations as to which projects should be constructed in which year, and the City Manager shall forthwith furnish a copy of such recom- mendations to each member of the Council.) (7) Promote public interest in and understanding of the master plan and of planning, zoning, clearance of blighted areas and development of the city. (8) Meet not less than once each month and keep a public record of its resolutions, findings and determinations. (9) Hold such public hearings as it may deem desirable in the public interest and ad- vise the council upon such matters as the council may request its advice. (b) For the accomplishment of the foregoing purposes the planning and zoning commission is hereby empowered to: (1) Require information which shall be furnished within a reasonable time from the other departments of the city govemment in relation to its work. (32) Request additional assistance for special survey work of the city manager, who may at his discretion assign to the planning and zoning commission, employees of any administrative department or direct such department to make special studies requested by the commission. (4)0 In the performance of its functions, enter upon any land and make examinations and surveys (3)(4~ Make and recommend plans for the replanning, improvement and redevelopment of neighborhoods or of any area or district which may be destroyed in whole or in part or seriously damaged by fire, earthquake, flood or disaster. AMENDMENT NO. 16 Section 10.05 of the Charter shall be amended to read as follows: See. 10.05. Legal effect of master plan. Page 10 S:\Our Documents\0rdinances\06\2006 Charter Amendments-8-28-06-0p1ion Ldoc Except in circumstances where plat approval is not required or the public improvement is so small as not to appear on the master plan N-no street, park, or other public way, ground or space, no public building or structure and no public utility whether publicly or privately owned, shall be constructed or authorized in the City until and unless the location and extent thereof shall have been submitted to and approved by the Planning and Zoning Commission; provided that, in case of disapproval, the Commission shall within thirty (30) days communicate its rea- sons to the Council, which shall have the power to overrule such disapproval, and, upon such overruling, the Council or the appropriate office, department, or agency shall have the power to proceed. AMENDMENT NO. 17 Section 10.8 of the Charter shall be amended to read as follows: Sec. 10.08. Platting or subdivision control. The planning and zoning commission shall recommend to the council the adoption of regulations governing the platting or subdividing within the city or within the area under the ex- traterritorial jurisdiction of the city, and the owner of every such subdivision shall comply with all of the provisions of Article 974a and 6626, Vernon's Texas Civil Statutes, 1948, [V.T.C.A., Local Government Code § 212.002 et seq. and V.T.C.A., Property Code § 12.001 et seq.] as now or. hereafter amended. Such regulation may provide for the harmonious development of the city within the subdivided land with other existing or planned streets and ways or for conformance with the master plan or official map, for adequate open spaces, spaces for traffic, utilities, recrea- tion, light and air and for the avoidance of congestion of population. Such regulations may in- clude requirements as to the extent to which and the manner in which streets and other ways shall be graded and improved and water, sewer and other utility mains, piping, connections or other facilities shall be installed as a condition precedent to the approval of a subdivision. AMENDMENT NO. 18 Subsection 10.10 (a) of the Charter shall be amended to read: (a) The city shall have the power to prohibit the erection, construction or use of any building or structure of any kind within the city without a permit having first been issued, by the city, for the construction or erection of such building or structure, and without a use and occupancy certificate having been issued for the use actually made of such premises and structure and may authorize a fee to be charged for such permit. In pursuance of this au- thority the council may authorize the inspection of all buildings and structures during the progress of their construction or thereafter and may require new construction, renovation, or reconstruction to comply with all building regulations existing ifi she city , hi c Shall hereaftef: be passed [siel. Page 11 SAOur Documcnts\Ordinanccs\06\2006 Charter Amendments-8-26-06-0ptiun Ldao AMENDMENT NO. 19 Section 10.12 of the Charter shall be amended to read as follows: See. 10.12. Slum clearance and rehabilitation of blighted areas. The council may, after receiving a recommendation from the Planning and zoning com- mission adopt, modify and carry out plans pEeposed by the planning and %Hiag eemffi'ssim for the clearance of slum districts and blighted areas within the city and, for the accomplishment of this purpose, may acquire by purchase or condemnation all privately owned lands, buildings and other real property interests within the district; may establish, locate, relocate, build and improve the streets and other public open spaces provided for in the plan; may maintain, operate, lease or sell said buildings or any of them; may sell the land or any part thereof designated for buildings and private open spaces upon such terms and conditions and subject to such restrictions as to building uses and open spaces as will substantially carry out and effect the plan. AMENDMENT NO. 20 Subsection 12.07 (d) of the Charter related to the public utilities board shall be amended to read as follows: (d) At its organizational meeting, and annually thereafter as soon as the newly appointed member (or members) has qualified; the board shall select from its own membership a chairman, vice-chairman, and secretary. Aoay4hFee-@) A maiority of the regularly ap- pointed members shall constitute a quorum. The board shall determine its own rules and order of business. The board shall meet at least once each month; all meetings shall be conducted in accordance with the Texas Open Meetings Act, chapter 551 of the Texas Government Code, as it may now read or hereafter be amended and all other applicable laws and a permanent record of proceedings shall be maintained, except as otherwise provided by law. AMENDMENT NO. 21 Subsections 12.08 (a) and (e) related to the powers and duties of the public utilities board shall be amended to read: (a) The board shall serve the department of utilities and city council as a consulting ad- visory and supei:viseFy board. (e) The board shall submit annually to the planning and zoning commission (for incorpora- tion in its report), not less 1haFI one h"Hdr8d tWOMY (120) days prior to the beginning of Page 12 S:\Our DoeumenM0,dinances\060006 Charter Amendmenh-8-28-0G-0ption I.doc the budget year, a list of recommended capital improvements, which in the opinion of the board ought to be constructed during the forthcoming five (5) year period. Such list shall be arranged in order of preference, with recommendations as to which projects should be constructed in which year. AMENDMENT NO. 22 Section 13.04 of the Charter shall be amended to read as follows: Sec. 13.04. Regulation of utilities. The city council shall have the power and the duty to (a) Determine, fix and regulate the charges, fares or rates of all public utilities operating within the city, provided the council shall not prescribe any rate of compensation which will yield more than a fair return upon the fair value of the physical property used and useful in rendering service to the public. (b) Require such franchise holders who request an increase in rates, charges or fares to reim- burse the city for reasonable expenses incurred in employing independent rate consultants to conduct investigations, present evidence and advise the council on such requested in- crease. (c) Prescribe reasonable standards of service and quality of products to be furnished by each utility and prevent unjust discrimination. (d) Require such extensions of plant and service and such maintenance of plant and fixtures as may be necessary to provide adequate and efficient service. (e) Collect from every public utility operating in the city its fair and just proportion of the expense of excavating, grading, paving, repaving, constructing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling such portions of the alleys, bridges, culverts, viaducts and other public places and ways of the city as may be occu- pied or used in whole or in part by such utilities; or compel such public utility to perform, at its own expense, its just share of such excavating, grading, paving, repaving, construct- ing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling. Prescribe the form of accounts which `shall be kept by each utility; provided, that if the utility shall keep its accounts in accordance with the uniform system of accounts for said utility as prescribed by the National Association of Railroad and Public Utility Commis- sioners, the Federal Power Commission, the Federal Communications Commission, the Railroad Commission of Texas, or their respective successors, this shall be deemed suffi- cient compliance with this paragraph. Page 13 S:\Our DocumemS\Ordinanccs\06\2006 Charter Amendments-8-28-06-Option Ldoc (g) Examine or cause to be examined at any time the accounts and other records of any utility operating within the city for the purpose of ascertaining any fact relating to the business done by such utility and pertinent to the council's power of regulation. (h) The council shall provide means and prescribe regulations for independent testing of all gas, water, light and other public utility meters on complaint of any person who may be dissatisfied with the readings of the employees of those utilities, whether owned by pri- vate corporations or by the City of Denton. (i) Enact and enforce such reasonable regulations and restrictions as may be deemed desir- able or conducive to the safety, welfare and accommodation of the public. Q) The City of Denton shall have power to prohibit the use of any street, alley, highway, boulevard or grounds of the city by any telegraph, telephone, electric light, street railway, interurban railway, gas company or any other character of public utility without first ob- taining the consent of the governing authorities expressed by ordinance, and upon paying such compensation as may be prescribed and upon such conditions as may be provided for by such ordinances, and the City of Denton shall have the power to require all tele- graph, telephone and electric light companies to place their wires underground. (k) Require each utility operating in the city to file with the city such reports and other in- formation pertaining to its operations that are required by its franchise agreement with the city, this charter, city code, other applicable laws, or that may be required from time to time by the council. _1 value egeaeh elaimed far sueh plant OF -Fit value, 7'~ efsurh BF FH8 Shall 6hew Page 14 SdOur Documents\0rdinances\06@006 Chaner Amendments-8-28-06-Option Ldm (140 PFE)P8Fti8FIaI@ -.,E"e of !he lant and : i p pf epefty n (6) The annual eart E3f o e ratin 6ueh l t p g p an @r i i ma nteRans e, amount p aid fer dama ges; dentif~ziRg each n1gi m eF it su , am ount l and pre6eRt -va ue there of shall be giv en; and the allee atien and the metherl A fe-I with A. stat ement pf th e basis faf Ras h su h li i i rests and ex penses, e a aeat e fl, ffer-ati on ef: d virie n Af P@f"R; the 665t Of PFEWHOifig SUGh -a" l (1) Fix appropriate penalties to enforce compliance with all rules and regulations enacted by the council. (m) Give due notice and a fair hearing to persons or corporations to be affected by such rules and regulations before they shall be adopted. AMENDMENT NO. 23 Section 14.05 of the Charter shall be amended to read as follows: Sec. 14.05. Nepotism. No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the council within the second degree of affinity or the third degree of consanguinity, and this shall apply to heads of departments in their respective departments. This Page 15 S:\Dur Documems\0rdin2ncesW6\2006 Charter Amendmenm-8-2"6-0ption I.doc does not apply to a person who was appointed or employed by the city Prior to the election or appointment of the council member. SECTION 2. The form of the ballot shall be substantially as follows: PROPOSITION NO. 1 - Annexation: Shall Section 1.03 of the City Charter be amended to eliminate the publication of the proposed annexation ordinance and to substitute the requirement of a five-sevenths vote of the city council for the current four-fifths vote of the Council necessary to annex land outside the city into the city? YES NO PROPOSITION NO. 2 - No Expansion of Liability: Shall Subsection 1.06 (1) of the City Char- ter be amended to remove the word "ordinary" liability to clarify that Section 1.06 of the Charter shall not be construed to expand any liability of the city? YES NO PROPOSITION NO. 3 - City Council Elections: Shall Subsection 3.01 (a) of the City Charter be amended to provide that council elections will be held on the uniform election day in May in compliance with the Election Code? YES _ NO PROPOSITION NO. 4 - Council Meetings: , Shall Subsection 2.05 (a) of the City Charter be amended to provide that the council shall meet as soon as practicable after each city council elec- tion and in accordance with applicable law, instead of specifying a precise date, and that special called council meetings may be either at city hall or other locations accessible to the public, in contrast to regular meetings, which are required to be at city hall? YES NO PROPOSITION NO. 5 - Council Minutes: Shall Section 2.07 of the City Charter be amended to clarify that minutes of council meetings such as certain executive sessions under the Texas Open Meeting Act, do not have to be taken and preserved under certain circumstances where author- ized by law? YES NO PROPOSITION NO. 6 - City Auditor: Shall Section 2.08 and Article VI of the City Charter be amended to provide that a city auditor shall be appointed by and have his or her salary set by the Page 16 S:\Our Documents\Ordinnnces\06\2006 Chancy Amendments-8-28-00-Option I.doc council, and serve at the pleasure of the council to perform auditing duties that may be assigned by the council or the city manager at the direction of council? YES NO PROPOSITION NO. 7 - Powers of Council: Shall Section 2.08 of the City Charter be amended to clarify that the council sets the salaries of its appointees; that the city manager sets the salaries of all other employees; that the council has the authority to adopt all zoning and land use regula- tions to the fullest extent allowed by law; and that the council after receiving a recommendation from the planning and zoning commission may adopt, modify and carry out plans related to slum clearance, rehabilitation of blighted areas and improvement and redevelopment of areas being destroyed in whole or in part by a disaster? YES NO PROPOSITION NO. 8 - Introduction of Ordinance: Shall Subsection 2.09 (b) of the City Char- ter be amended to allow the introduction of a city ordinance in electronic form, in addition to written or printed form? YES NO PROPOSITION NO. 9 - City Manager and Subordinates: Shall Section 5.03 of the City Charter be amended to clarify that the city manager appoints and removes any employee other than council appointees, and except as he or she may authorize the head of a department to appoint and remove subordinates in such department; and be amended to eliminate the requirement that department heads with six months service are afforded, upon demand a written statement of rea- sons for removal, and at his or her request a public hearing before the council before removal? YES NO \ PROPOSITION NO. 10 - City Attorney: Shall Sections 6.01 and 6.02 of the City Charter be amended to clarify that the city attorney serves at the pleasure of the council and that the city at- tomey may designate an assistant city attorney to act as city attorney for absences not exceeding three weeks? YES NO PROPOSITION NO. 11 - Budget: Shall Section 8.03 of the City Charter be amended to change the annual budget submission deadline to match state law and shall Section 8.08 of the Charter related to amending the budget be deleted and replaced by a provision that allows the budget to Page 17 SA0ur DoeumentstOrdinmccs\060006 Charter Amendments-8-28-06-Opfion I.doc be amended for municipal purposes by the affirmative vote of five council members in accor- dance with state law? YES NO PROPOSITION NO. 12 - Bond Elections: Shall Subsection 9.02 (a) of the City Charter be amended to delete the requirement that qualified voters at a general obligation bond election have to be property taxpayers since such a requirement has been declared unconstitutional by the US Supreme Court? YES NO PROPOSITION NO. 13 - Sale of Bonds: Shall Section 9.04 of the City Charter related to the procedural requirements for the sale of bonds be amended by deleting all of the text and in its place provide that all bonds shall be sold in accordance with applicable law? YES NO PROPOSITION NO. 14 - Planning and Zoning Commission: Shall Section 10.02 of the City Charter be amended to; delete the requirement that members of the Planning and Zoning Com- mission must be real property taxpayers; delete the requirement that the city manager, mayor and director of community development are ex officio members; and provide that commission rules and,regulations are subject to council review? YES NO PROPOSITION NO. 15 - Planning and Zoning Commission Powers and Duties: Shall Section 10.03 of the City Charter be amended to; (a) clarify that the Planning and Zoning Commission shall have all of the powers and du- ties provided by state law; (b) provide that the commission instead of adopting platting and subdivision regulations, shall make recommendations to the council regarding such regulations; (c) delete the requirement that the commission draft the official map of the City and to provide that the commission shall make recommendations to the council as to proposed changes to the map; (d) provide that the commission shall make recommendations to council regarding pro- posed zoning changes instead of recommending approval or disapproval of such changes; Page 18 S:bur Documents\Ordinenaes\M2006 Charter Amendments-8-28-06-Option Ldm (e) require the commission's submission to the city manager of recommended capital im- provements prior to the beginning of the budget year, instead of not less than 60 days prior to the budget year; (1) eliminate Subsection 10.03 (b) (2) relating to employment of city planners and con- sultants; and (g) eliminate the provision that the commission may place and maintain monuments and marks on land? YES NO PROPOSITION NO. 16 - Legal Effect of Master Plan- Shall Section 10.05 of the City Charter be amended so that the requirement that no street, park, or other public way, ground or space, no public building or structure and no public utility shall be constructed or authorized in the city, unless it is first submitted to the planning and zoning commission, does not apply to circum- stances where plat approval is not required or the public improvement is so small as not to ap- pear on the master plan? YES NO PROPOSITION NO. 17 - Platting and Subdivision Control: Shall Section 10.08 of the City Charter be amended to provide that the planning and zoning commission shall recommend to the council the adoption of platting and subdivision regulations in order to conform this provision to state law? YES NO PROPOSITION NO. 18 - Regulation of Construction: Shall Subsection 10.10 of the City Char- ter be amended to clarify that the city's authority to regulate the construction and use of build- ings and structures includes new construction, renovations, and reconstruction? YES _ NO PROPOSITION NO. 19 - Slum Clearance and Rehabilitation of Blighted Areas: Shall Subsec- tion 10.12 of the City Charter be amended to provide that the council may adopt, modify and carry out plans for the clearance of slum districts and blighted areas, after receiving a recom- mendation from the planning and zoning commission. YES NO Page 19 S:1Our Docunxn1sbrdinancar10612006 Charter Amendments-8-28-06-0ption l.doc PROPOSITION NO. 20 - Public Utilities Board. Shall Sections 12.07 and 12.08 of the City Charter be amended to provide: (a) that a majority of members of the Public Utilities Board shall constitute a quorum, (b) that a permanent record of the board's proceedings shall be maintained, except as oth- erwise provided by law, (c) clarification that the board serves the council, in addition to the department of utilities, (d) that the board is a consulting and advisory board and not supervisory, and (e) that the board's annual recommended capital improvements be submitted to the plan- ning and zoning commission prior to the beginning of the budget year? YES NO PROPOSITION NO. 21 - Regulation of Franchised Utilities. Shall Section 13.04 of the City Charter be amended to revise Subsection 13.04 (k) in its entirety to require each utility operating in the city to file with the city such reports and other information pertaining to its operations that are -required by its franchise agreement with the city, this charter, city code, other applicable laws, or that may be required from time to time by the council? YES NO PROPOSITION NO. 22 - Nepotism: Shall Section 14.05 of the City Charter be amended to clarify that the prohibition against any person being appointed or employed by the city who is close relative to a council member does not apply to a person who was appointed or employed by the city prior to the appointment or election of the council member? 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 the agreement between the County and the City ap- proved by Ordinance No. with the general election being held on November 7, 2006. Said ordinance and agreement are incorporated herein by reference. 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. Page 20 SA0ur Documcntsl0rdinanccs10612006 Chaner Amendments-8-284)6-0ption Ldoc 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. 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 unconstitu- tional, 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 portions 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. L PASSED AND APPROVED this the day of G 2006. C PERRY . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B.Y 11 I_ 1 a 0--h-, , - . AP,MVED M TO LEGAL FORM: EDWIN M. S R, CXY ATTORNEY BY: Page 21 SAOur Documenb\Ordinanees\06\Ordinanee Amending 2006-232.doc ORDINANCE NO. 2 4004 - Z 97 AN ORDINANCE AMENDING ORDINANCE NO. 2006-232 CONCERNING AMEND- MENTS TO THE CITY CHARTER TO CORRECT A TYPOGRAPHICAL ERROR; PROVID- ING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council passed Ordinance 2006-232 ordering an election to be held for the purpose of submitting to the registered voters of Denton, Texas, amendments to the Denton City Charter. WHEREAS, the City Council finds that there was a typographical error in Amendment No. 22 regarding Section 13.04 of the Charter that should be corrected; and WHEREAS, the typographical error consisted of the inadvertent omission of certain lan- guage contained in the existing Charter, which should have been included showing it as struck out; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Ordinance No. 2006-232 is hereby amended by amending Amendment No. 22 in its entirety to read as follows: AMENDMENT NO. 22 Section 13.04 of the Charter shall be amended to read as follows: See. 13.04. Regulation of utilities. The city council shall have the power and the duty to: (a) Determine, fix and regulate the charges, fares or rates of all public utilities operating within the city, provided the council shall not prescribe any rate of compensation which will yield more than a fair return upon the fair value of the physical property used and useful in rendering service to the public. (b) Require such franchise holders who request an increase in rates, charges or fares to reim- burse the city for reasonable expenses incurred in employing independent rate consultants to conduct investigations, present evidence and advise the council on such requested in- crease. (c) Prescribe reasonable standards of service and quality of products to be furnished by each utility and prevent unjust discrimination. (d) Require such extensions of plant and service and such maintenance of plant and fixtures as may be necessary to provide adequate and efficient service. (e) Collect from every public utility operating in the city its fair and just proportion of the expense of excavating, grading, paving, repaving, constructing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling such portions of the alleys, bridges, culverts, viaducts and other public places and ways of the city as may be occu- pied or used in whole or in part by such utilities; or compel such public utility to perform, at its own expense, its just share of such excavating, grading, paving, repaving, construct- ing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling. Prescribe the form of accounts which shall be kept by each utility; provided, that if the utility shall keep its accounts in accordance with the uniform system of accounts for said utility as prescribed by the National Association of Railroad and Public Utility Commis- sioners, the Federal Power Commission, the Federal Communications Commission, the Railroad Commission of Texas, or their respective successors, this shall be deemed suffi- cient compliance with this paragraph. (g) Examine or cause to be examined at any time the accounts and other records of any utility operating within the city for the purpose of ascertaining any fact relating to the business done by such utility and pertinent to the council's power of regulation. (h) The council shall provide means and prescribe regulations for independent testing of all gas, water, light and other public utility meters on complaint of any person who may be dissatisfied with the readings of the employees of those utilities, whether owned by pri- vate corporations or by the City of Denton. (i) Enact and enforce such reasonable regulations and restrictions as may be deemed desir- able or conducive to the safety, welfare and accommodation of the public. (j) The City of Denton shall have power.to prohibit the use of any street, alley, highway, boulevard or grounds of the city by any telegraph, telephone, electric light, street railway, interurban railway, gas company or any other character of public utility without first ob- taining the consent of the governing authorities expressed by ordinance, and upon paying such compensation as may be prescribed and upon such conditions as may be provided for by such ordinances, and the City of Denton shall have the power to require all tele- graph, telephone and electric light companies to place their wires underground. (k) city, this charter, city code other applicable laws or that may be required from time to time by the council. Page 2 Page 3 all prerated sty eha ed against the utility's aperatiew; ever the council. Fix appropriate penalties to enforce compliance with all rules and regulations enacted by (m) Give due notice and a fair hearing to persons or corporations to be affected by such rules and regulations before they shall be adopted. SECTION 3. All other terms and conditions of Ordinance No. 2006-232 not amended by this ordinance will remain in full force and effect. SECTION 4. 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 unconstitu- tional, 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 portions despite any such invalidity. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of Oe~o6er 12006. PERK R. McNEILL, MAYOR ATTEST: JEMIFER WALTERS, CITY SECRETARY APfkHhVED A161rO LEGt~L FORM: EDWIN M. 4NYI)ER, CJ;'Y ATTORNEY BY: Page 4