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2006-232 FILE REFERENCE FORM 2006-232 FILE(S) Date Initials Amended by Ordinance No. 2006-297 10/03/06 )R ORDINANCE NO. d OO(j - c:l.3;J, 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 99.004, 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 feur fiftHS (4/5) five sevenths (517) 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 applicable state law. UpeFl tHe iRtreaHeti0l=t Elf an)' SeH2!a 8FEiiFlaRGe'to the city aSH-Reil, sHcH ordiRaFlee shall be PHD lisHod one time in tHe official nov,'sj3<1flsr ef tHe City of Denten. Amendments may later be incor S:\Our Documents\Ordinanccs\06\2006 Charter Amendments-8-28-06-0ption 1.doc j3erates inte tHe j3rej3osed orsinaHce by a vote of not less tHan ooHr fiftHS (4/5) of tHe membersHip ef iRe eity GeHReil ana publieati0Fl eRel time iF! tRe official R0',"/S13tTfler sf t1:10 City Elf DenteR. The proj3osed orsin<!Rce, or any amensment tHereof sHall not tHereafter Be finally actes Iiflon Hntil at least tHirty (30) days after tHe j3HBlicatieR tHereef; <!Rd HpOR tile final passage ef <!Rj' sHcll ersi FlaRee, af afl)' amef1dmeat taBrete, tRe e8Hflaary limits of the city shall thereafter Be as t'iJ:es 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 (t) of the Charter shall be amended to read as follows: (t) No provision of this section shall ever be so construed to expand the eniinary liability of the city. AMENDMENT NO.3 Subsection 2.05 (a) of the Charter shall be amended to read as follows: (a) On tHe second (2ns) THessaj' in f..l3ril, er aAs soon thereafter 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. f.ll meetings ef tile cOHncil shall Be lIels at tHe city hall Hl'lless the cOHRcil SHall BY enlinflHse er resolutioH designate <!Rother place 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 mles 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 Goverrnnent Code, M-minutes of all meetings of the council shall be taken and preserved as a permanent record open to the public for inspection. Page 2 S:\Our Documents\Ordinances\06\2006 Charter Amendmcnts-8-28-06-0ption 1.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 attorney. the citv 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 iudge ana, ifl eOEl13sration \\'ita the city maFlager, all other salaries. (t) Authorize by ordinance the issuance of bonds, assignments ofrevenue 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 bv law w!lieh may regal ate ami fiJ[ the height aRS number of stories sfBHilsiHgs ans other struotures, the size ofyarss ans searts, the donsity efpoplI latiefl ana the 10eatiefl ana 1:lse sf b1:lildings fer tFade, industry, lnisiness, resideflee or etlier pUF}38ses. (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. (I) After receiving a recommendation from the planning commission A-adopt, modify and carry out plans jlrojloses by tile jllaoojng eommissioR for the clearance of slum districts and rehabilitation of blighted areas, and for the replanning, improvement and redevelop- Page 3 S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-0ption 1.doc 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. (0) 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 sel f-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, er 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 Hrst SatlirElay uniform election day for municipal elec- tions in May or on any otRer Hniform election E1ay f-or municiJlal eleetisns established by the Election Code. The Council may by resolution or ordinance order special elections , Page 4 S:\Our Documents\Ordinances\06\1006 Charter Amendments-8-28~06-0ption 1.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 Chartcr or by ordinance or resolution of the council, and to that end he shall: (a) Appoint and, 'JiReR Recessary for tile gooa of tile selviee, remove any offieer or 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. IR ease of tRe reHls\'al sf aR sffieer 8r tile Ilead of a dellartR'leRt after six HIORtRS' serviee, if the }3E!fS8n femo~led so demands, a ~TitteR statemeRt gi~;iRg the feason fOf his rem8~:al shall 8E! maa0 8)' tRe elt)' maflager, aRa tae fJ0rGon rem0~,'ed shall, if ae S8 demands, be glyen a }3l.islie a0ariBg 13)' taE! EH3l.iBeil B000re tae order of his remlr.'al is maae final. Tae stateR'leRt sf tRe eit)' mallager aRa aRY writteR reply tHereto sHall 8e flIes as a JlHslie re eora iR tHe offiee of tHe eit)' secretary. I (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. (I) Appoint, subject to the approval of the <;ouncil, 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 Documents\Ordinances\06\2006 Charter Amcndments-8-28-06-0ption l.doc 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, AND MUNICIPAL COURT. AND CITY AUDITOR Sec. 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. and 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 9f authorize the appointment of a temporary city attorney to act for the city attorney in the case of!lH; 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.1 0 Section 8.03 of the Charter shall be amended to read as follows: Page 6 S:\Our Doeuments\Ordinanccs\06\2006 Chartcr Amendments-8-28-06-0ption I.doe Sec. 8.03. Preparation and submission of budget. }.t least si)[ty (eO) says before tHe eHS of eash fiseal year Within the time period required bv 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. If} ease ef grEt""le pHslie f}eeessity, emerg0Hey 0JCf)(~H8it\;lres to meet HHl::lSHal aHa HAfore seeH sClHditieHs, wHiSH sellld Rot ay siligeRt tHOllgHt aHs atteHtieH Ha'o'e aeeH iHslHdea iH the erigiHal bHsget, Hiaj' be alltherizes ay the afHfHiative vete of at least R'o'e (5) of the Hiemaers ef the eellHsil as aR aHieH8HieHt to tHe erigiHal bllaget. IH every sase WHere SlISH ffiReHdHieHt is made, a eepy ef the erdiHaflse aaoptiHg the ameHaHieHt SHall be filea with tHe sit)' sesretary, pl:lBlisHed in tHe BeJet iSSl::l0 8[t1:1e effieial nev.'sflaper aftHe oity, aHa a-ttaeHea to tRe Budget erigi Hall)' aaeptes. The budget may be amended for municipal purposes bv 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 property ta)[flaj1Hg voters voting at aft 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: Sec. 9.04. Sale of bonds. Page 7 S:\Ollr DOCllments\Ordinances\06\2006 Charter ^mendments-8-28-0~-;-Option ] .doc }Jlllsnds isslIes lInder tHis sAarter sHalllle sold at ]3l<lllis sale l<]3sn seales biaG in the fsl la'sing m.arjIer: ~^J{er allefthe BeBd reql-liremeFlts eftAs charter Have Been fully met tHe council shall immeaiately cause tEl Be publisHea a prefler Betiee iB a HatioBal 13Hblication carrying mH nieipal BElBe notiees Qfla ae'.'atee flrimarily ta 'finaRcial Fle1.~.'s v:hieH regHlarly inell::laes ITlHflieipal bona sale natiees, stating the flertiflent facts relatiFlg to the flropesee sale, tHe time, the Elate and the ]3laee (wHieR shall be iR the City of Denton) tRat all sealed Ilias will be ]3l1lllisly s]3enea and talllllated Ilefere tHe eOllneil. The date asvertisea fer the e]3eniRg ef sealed bids SHall be tHirty (30) saj'G froHi tRe aate sf ]3l1slisatian; eonellrrently tHers'....itA a siHiilar natiee SHall Be pllBlisaed at least ORee in tae sesigRated effisial Rev:s]3~er afIRe City sfDeRton. Viaen tae sealed bids are opeRea the Bend attemeys retaineslly the eity in eelR]3liaRee '.vila sestisR 9.92(B) aflais Artiele shall taeHlate tHe bids: aRa giVE! the eel::lRcil a \\'fitteH fecemmendatiefl as t8 tAe la',\' 8:fl8 B8St Bia. No BeRds issllad lInaer Ihis eharter SHall Be sela for less thaR par ':allle aRd aeernea interest, aRd tHe sOllneil SHall aaye the rigat ts refuse aRY aRd all Bids ami readyartise tae sale at a later date or dates. ~ALn offieial Bia farm shall 80 made a.,'ailable BY the 0GHReil to all13rasfJecti.:e Bieeers on reqllest, afId no sealed Bia will be aeee]3tes lIRless it is mase aR the effieialllis fufHi. Tae offisial Ilia fOfHi SHall earry tae total aHisllnt af Benas pllBlisaed to Be sold; tHe purpase ef the Ilend sale; the type ofbeBes; years efma-hirit)'; 13rinei13al arn01:lfl.ts as determined BY the c8HReil; eeu138n rate by years; and a pro':isisn requiriRg tae Bidder ts attasH a bid BORa eJ[eslIted by an ~rHe':ed SHr~ty eompaR)' sr a sertified or sashier's SHeek, payaBle lIReoRditioRally to tae City sf DeRtoR in ta~ aHIount as aetefHlined BY tHe eallneil, as a gllaFantee of ]3erfOfHlanse if tRe bid is aseepted Il)' the eSllnsil; and otaer ]3ertineRt iRfurmation orsinarily a]3pearing an ofHsial bid fOfHiS. Sasllld tHe eOl:ll1cil S8 aesire, a presfleetHs shall 80 flreparee by the City Elf Dentm'} Elr by SamBenG em. ployas BY the City sf Denten, giying Hiore EJolfl]3lete detail an tHe propeses bond sale. All bonds shall be sold in accordance with applicable law. 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) Feal- j'lrs]3erty tal[j'layers 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. THe eity ma-nager, mayor aBa airector .ef commHnity de~/e10pmeRt shall serve as en offi Gia memBers sftae commissien, lnit sflall ha-",'e no vote!. (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 Documents\Ordinances\06\2006 Charter Amcndments.8-28-06-0ption ] .doc actions, proceedings, deliberations, and the times and places of meetings, subiect 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: Sec. 10.03. Planning and zoning commission: Powers and duties. (a) In addition to the powers and duties set forth in this charter, + 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: (I) Make, amend, extend and add to the master plan for the physical development of the city. (2) Fermulate aRd aaopt Recommend to the council regulations governing the plat- ting or subdividing of land within the city. (The applicable provisions of ChllJltsr I, Title 2S of tHe Revisea Civil Statlltes eftAe State efTe)[as, 1925, Chapter 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) DFaft for the eouHeil aR effieial mllJl ef tHe city aRa resemmeHa ~flreval or ais ~J3reval Make recommendations to the council regarding ef proposed changes ffi to saia the official map of the city and keep such map up-to-date so as to reflect any changes in the boundary orthe 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 ~flre\'al or ais~flro\'al ef regarding pro- 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 VerneR's Texas Ci'..il StatHtes, 1S'4S, i\rtiele 101lf, as HeY.' or Hereafter ameHaea, ['lTC.,^.., Lo eal GOVORlJReRt Ceae ~ 211.997] 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. P;age 9 S:\Our Documents\Ordinanccs\06\2006 Charter Amendments-S-2S-06-0ption l.doc (6) Submit annually to the City Manager, Het less than si)(ty (80) days 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: (I) Require information which shall be furnished within a reasonable time from the other departments of the city gqvernment in relation to its work. I (2) \Vitkifl its bHdget aflpropriatien, reeemmeR8 the em}31eywleHt sf city 131aRllers aRG other eeRsHltaHts Fer sHeR serviees as it may reflHire. (;; ;0 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. f41(l) In the performance of its functions, enter upon any land and make examinations and surveys afld plaee and maifltaiR flecessary monHments aREl marl::s thereen. ~ 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: . Sec. 10.05. Legal effect of master plan. Page 10 S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-0ption I.doc 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-!lo 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 Councilor 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 Ii 212.002 et seq. and V.T.C.A., Property Code Ii 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 complv with all building regulations 81[istiRg iR tR8 eity 8r wRieR shall R8reafter Be !laGsed [sie]. Page 11 S:\Our Documcnts\Ordinances\06\2006 Charter Amcndments-8-28-06-0ption I ,doc AMENDMENT NO. 19 Section 10.12 of the Charter shall be amended to read as follows; Sec. 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 !lrs!losea BY tile !llaRRing ana zsniag eommission for the clearance of slum districts and blighted areas within thc 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. foR)' tAme (3) 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, and ad- , visory ana sH!lel'Yisery board. (e) The board shall submit annually to th~ planning and zoning commission (for incorpora- tion in its report), not less than sne IlHnarea t':;enty (120) aays prior to the beginning of Page 12 S:\Our Documents\Ordinances\06\2006 Chal1er Amendmcnts-8-28-06-0ption l.doc the budget year, a list ofrecommended 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. (f) Prescribe the form of accounts which ~hall 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 Commissiqn, 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 Documents\Ordinanccs\06\2006 Charter Amendments-8-28-06-0ption l.doc (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 ~f 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.ear ef saeh atility, which rerert shall she',\,: (I) (2) (3) (1) (5) The actaal eest oftRe rlaHt aHa prererty sevated to paslic ase in serving eHstom ers in tHe City ef DenteR, statiFlg tRe lecatieR aRe 60St af eaeR unit dWfesf, to gether .....ith the aepresiatioH llfla present ','alae ef each )3lllflt aHd pra)3erty. THe other 6ests af ~,'ah10 elaimea ror SH6R plaRt Of pF0fJer!y, showing \YHetHef SHeH Gast aT yalHe is arri~;ee at BY hoek 00sts, fJUTel1ase eests, Ql3fJraisea ~,'aIH0, fJres8Rt itr;estment T,'ah10, re13radl:letieR e0st FleT~,'[,] less aeemed Ele13reeiation ST some ether deserise6 metaes, iftae histsrieal east is Hot ayailable. TRe )3raperties shallse listes in. detail sRs'sing the intaBgisle ana taBgible preper I ties, sl.:lch as lands, machiRel)', bHildings, pifJes, poles, cireHits, mains, eto., eael=1 treates separately. If aBY feseral or state regalatory aatharity has preseribed any metRas or yardstiek by 'y\'hieH tHe pfe13erty 0r 131ant Has beeR T:alHed, SHGH T/alHe aHa the Harne ef sW;ih aHthority sl=1all Be stated TNith a refefen6e to the oraer relied l:lpOH. The amoHRt sf any lief} or mBrtgage l:lpBR the 13raperties €empesiRg sHeh fJlaf}t; if the lieR Sf mertgage GST;ers sEy.'eTal13lants Elf preflerties, thElFl the fSpElr! shall SHOT},' Page 14 S:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-0o-0ption 1.doc tHe 13rOpElrtieflate "RIMe Elf tHe plaNt aHa pre}3erty iH Def}ten te all tRe prB}3erty co\'erea B)' tHe lien er mert:gag~ aHa shall state wHetHer SbleR prepertioHate "lalMes are sasea SH actual Ristorieal costs, Boel: 60sts, appraised T,'alHes ar etHer methed, aHa tAe rSfJert sRall [bIrtRsI' shov: tHe Gemparati\'e nHmBer ef meters or 6HstOtners serveEl BY the Denton fllant aRe their aggregate Hse ef sef\'iee iH TelatieR to the ~Nhole }3FefH3rty seTlered hy the. lief} ar mertgage; lil:e~.T:ise all etHer iHaebtedness )3ertaining to slieR eRteF)3rise sRall be SHSWH. (8) The annual cost sf operatiRg 51:16R plant Elr system sheT,~,'ing as separate items tRe fHTleHnt paid :fer salaries and wages, thled eharges, inclMaing interest, taJees and iRsHranee, giT,'ing eaeH sepaFately, amel:lflt }3aiEi fer fHel, e,etensiens afla repairs, giT,'ing each seflarately ana }3artieularizing tHe e1[tensieRs ana repairs, the east ef mainteflaH6e, amel:lnt flaid :fer damages, iElefltifyiFlg Bas A claim sr sHit, amoMflt paid for miseellanseHs eJepef}ses, aHs, if aH)' maehiRery er eqHi13meRt is abafl don ed, '.Yem 0l:lt or its Mse EliseefltinHea, the same saall Be statea, the eriginal eost aRd present '..allis tRoreof shall be gi'/eR; ana the allocation llflS tHe metHoa of al IDeating esst of the Blisiness oJ Slieh litility in Denton SHall l3e sRown in detail witH a statement sf the sasis f.er eaeR s1;Iell alloeatisR, preFatiofl sr diyisian of cests and e3'c}3eflses. (7) TRe rS)3srt sRall SROW tRe gross eamiHgs of slieR litility from its s)3eratioHs in DeRten; the sest of }3Fefh10iRg SHea eamiRgs, iRelHding aH itemizatieR of any oT,'er all pr0ratea costs er 0]c}3eAses cHargea against the H.tility's 0p0FatieRs iR DentoR; ana the Het }3rofits fF0fl1 tRe oJ3srations iH DeRteR. (S) The report shall alss eontain any etHer informatisn reEjHestes BY fesslHtion sf tRe eOHneil. I (I) 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 a~ended 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:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-0ption 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. 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 ofa 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 (I) 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 Documcnts\Ordinanccs\06\2006 Charter Amcndments-8-28-06-0ption I.doc council, and serve at the pleasure of the council to perform auditing duties that may be assigned by the councilor 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 ofrea- sons for removal, and at his or her request a public hearing before the council before removal? YES NO t 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- torney 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 Pilge 17 S:\Our Documents\Ordlnanccs\06\2006 Charter Amendments-8-28-06-0ption 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 recon:mendations 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:\Our Documents\Ordinances\06\2006 Charter Amendments-8-28-06-0ption I.doc (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; (I) 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:\Our Documents\Ordinances\06\2006 Charter Amcndmenls-8-28-06-0ption 1.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 S:\Our Documents\Ordlnances\06\2006 Charter Amcndments-8-28-06-0ption I.doc 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. approval. This ordinance shall b9come effective immediately upon its passage and PASSED AND APPROVED this the ~r&& day of ,2006. ATTEST: JENNIFER WALTERS, CITY SECRETARY .x2./ Page 21