1999-057 o on cE NO
o on cE O OE G CO -
~CTION ~ THE ~G~ CITY CO~CIL ELECTION FOR THE P~OSE OF
S~TT~G TO THE ~GISTE~D VOTERS OF DENTON, TE~S ~E~ME~S TO
THE DENTON CITY C~TER ~G~G S~E ~ ~IENATION OF PORTIONS
OF P~LIC ~IT~S, C~AT~G ~W ~ILITIES, PROVinG A ~O~ VOTE
FOR ~TION, QU~ICATIONS OF C~IDATES FOR ELECTIONS, PROCE-
D~S FOR HOLD~G ELECTIONS, AUTHO~Z~G P~LIC ~ILI~ F~C~SE
C~GES, SETT~G PROCED~ FOR ~OPT~G A B~GET, DELET~G CERT~
PORTIONS OF ~TICLE VIII "~VE~ ~ T~ATION", CO~CT~G ~FER-
ENCES TO ~PLIC~LE LAWS, ~MOV~ OF THE BO~ OF ~S~E~, P~-
LIC ~ITIES BO~, ~ P~S ~ ~C~ATION BO~ FROM THE CITY
CH~TER ~ E~G ~ESE BO~S TO SEVEN ME~ERS, PROVinG
NOTICE OF CL~ PROCED~S ~ CO~LI~CE ~TH STATE LAW, EL~AT-
~G PLUG CO~ISSION ~COMME~ATIONS ON S~ES ~ P~CHASES
OF PROPERTY ~ ON UTILI~ C~IT~ ~PROVEMENTS, PROLOG ~AT THE
CH~TER S~L BE GE~ER ~U~, DESIGNAT~G THE PLACE OF HOLD~G
SUCH ~ ELECTION, N~G T~ OFFICERS THE~OF, P~SC~G ~E FO~
OF B~LOT, PROVinG FOR NOTICE, PROVID~G FOR P~LICATION OF NOTICE
OF ~IS ELECTION, PRO~D~G A SEVE~ILITY CLAUSE, PROVinG ~ OPEN
MEET~GS CLAUSE, ~ PROLOG AN EFFECTIVE DATE
~AS, the Denton C~W Cheer w~ l~t ~ended ~n 1979, ~d
~AS, m~y ch~ges ~n ~e law, especially the Texas Local Gove~ent Code ~d
other laws ~at fffect m~c~pal co~orat~o~ hke the C~ty of Denton, Text, have made ~t neces-
s~ to ~ond ~e Cheer to m~e ~t confo~ w~ ch~ges m law d~ng the last ~enW ye~s,
~d
~E~AS, the Cl~ Co~cll desires to m~e ch~ges in the C~er to ehm~nate ~om
the cheer ~d exp~d ~e members~p of sever~ bo~ds, facilitate ~ts abdlty to sell, ahenate, or
exp~d l~s pubhc utilities, to m~e the Cheer gender neutral, ~d to m~e other a~ms~atlve
ch~ges, ~d
~AS, ~e City Co.cfi deems it in the pubhc lmerest that the City Cheer be so
~ended; NOW, THE~FO~,
THE CO~C~ OF T~ CI~ OF DE~ON HE.BY O~
SECTION I. That, m accord~ce with ~e pmWSlOnS of Tex Loc Gov't Code ~9 04,
there sh~l t e subdued to ~e votem of~e Cl~ of Denton, Texas, at tte re~l~ City election to
be held on May 1, 1999, the following ~en~ents to the Home-Rule Chmer of the Cl~ of
Denton, Text, which ~e sho~ by showing ~ose pomons which will be retmned m no~al
type, the deleted text in the existing Charter being shown as strikeouts, and new or additional text
shown by ltahcs
AMENDMENT NO. 1
That Amcle I of the Charter shall be amended by amending Section 1 03 "Extension of
city hmltS" so that the same shall hereai~er read as follows
See. 1.03. Extension of city limits.
The City Council, by a vote of not less than.v... ~ .... .....~°~'~ ~..~ a mayortty of its member-
ship, shall have the power by ordinance to provide for the alteration and extension of smd boun-
dary hnuts, and the annexation of terntory lying adjacent to the City, voth or without the consent
of the inhabitants of the temtory annexed Upon the introduction of any such ordinance to the
City Council, such ordinance shall be published one time in the official newspaper of the City of
Denton Amendments may later be incorporated into the proposed ordinance by a vote of not less
than fc.m- ~.~: (~./5) a majority of the memberslup of the City Council and publication one time
in the official newspaper of the City of Denton The proposed ordinance, or any amendment
thereof shall not thereafter be finally acted upon until at least thirty (30) days aller the publica-
tion thereof, and upon the final passage of any such ordinance, or any amendment thereto, the
boundary limits of the City shall thereafter be as fixed thereby When any additional territory has
been so annexed, same shall be a part of the City of Denton, and the property s~tuated therein
shall be subject to and shall bear its pro rata part of the taxes levied by the City, and the inhabi-
tants thereof shall be entitled to and shall possess all the nghts and pnvfleges of the citizens of
the City of Denton, and shall be under obligations as such citizens
AMENDMENT NO. 2
That Article I of the Charter shall be amended by amending Section I 05 "Powers of the
city" so that the same shall hereai~er read as follows
Sec 1 05. Powers of the city.
The City of Denton shall have and may exercise all the powers granted to cities by the
Constitution or laws of Texas including specifically those powers made avmlable to cmos of
more than five thousand (5,000) inhabitants by what is known as the Home Pule Amendment to
the Constitution of Texas (Article XI, Section 5 and the Home Rule Enabling Act ( ....
n-,..,..,~ 2~o ..;,u- ~, ...... .~ r~....~ c,~...,....,._. --.-.,.u~ o,~,- ~c.~ ..... ~n~ Vernon's Texas Codes Anno-
tated, Texas Local Government Code Section 5 004, Chapte 9, Chapter 26, and Subchapter E of
?hapter $1), as these laws now read or ma9 hereafter be ar rended The City may acqmre prop-
erty w~thln or without its corporate lumts for any mumclpal purpose, may cooperate vath the
government of Texas or any agency thereof, or with the federal government or any agency there-
of, or with the government of any county, city, or political subdivision to accomplish any lawful
purpose for the advancement of the health, morals, safety, convenience, or welfare of the city or
its inhabitants, may sell, lease, mortgage, hold, manage, and control such property as its interest
Page 2
may reqmre, provided the City shall not sell, convey, lease, mortgage, or otherwise ahenate the
entire assets of any public utility system or any portion thereof essential to connnued effective
utlhty service without the prior approval by a majority of the qualified voters of the City who
vote at an election held for this purpose, and may exercise the power of eminent domain when
necessary or desirable to carry out any of the powers conferred upon it by th~s Charter or the
Constitutl0n or laws of Texas The enumeration of particular powers m tbas Charter shall not be
held or deemed to be exclusive, but m addition to the powers enumerated herein, implied thereby
or appropriate to the exercise thereof, the City shall have and may exercise all other powers
wtuch under the Constxtution and general laws of tlus state It would be competent for this Charter
to specifically enumerate
AMENDMENT NO. 3
That Article I of the Charter shall be amended by amending subsection (d) of Section
1 06 "L~ablht~es, exemptions, and hmltatlons", so that the same shall hereafter read as follows
Sec. 1.06. Liabilities, exemptions, and lim~tations.
(d) The City of Danton shall never be liable for death or personal injury cfa person or
for property damages of any k~nd unless within th:~y (2~) ninety (90) days after the occurrence
t~erzef causing the damage, death, InJury, or destruction a notice in writing by or on behalf of
the person injured or clau-mng damages, tf hvmg, or the person's representative, If dead, or the
owners of the property injured or destroyed is delivered to the city manager stating specifically
and accurately in complete detail when, where, and how the exact death, injury, destruction, or
damages occurred, the full extent thzrzzf of the injury, the basis of thc clmm, and the amount of
damages claimed or asserted This notice shall also include the residence of the claimant by
street number on the date the claim is presented, the residence of the claimant for six (6) months
immediately preceding the occurrence of the death, :njury, or destruction, and the names and
addresses of all witnesses that are known at the time upon who it is rehed to establish the claim
for damages, provided, however, nothing tn this subsection shall be construed to affect or repeal
the provision tn subsection (e) of this section relating to the habtho/ of the CIO~for damages on
account of inJuries received on the pubhc streets, highways, alleys, grounds, pubhc works, and
pubhc places of the City
AMENDMENT NO. 4
That Article I of the Charter shall be amended by adding a new Seetlon 1 07 "Gender
neutral" so that the same shall hereafter read as follows
Sec. 1.07. Gender neutral.
Whenever used tn this Charter, a word tmporttr~g the mascuhne gender only shall extend
and be apphed to include females, and, where apphcable, to firms, partnerships, and corpora-
tions, as well as males
P~e3
AMENDMENT NO. 5
That Article II of the Charter shall be amended by amending Section 2 02 Qualifications"
so that the same shall hereafter read as follows
See. 2.02. Qualifications.
(a) Each member &the Council, in addition to having the other quahficatlons prescribed
by law
(1) Shall be ~ reglstered to vote m the City,
(2) Shall have resided for at least one year next preceding his or her electron wltlUn the
corporate limits of Denton and, ~f runmng wtthm a single member geographw dlstrwt
as set forth in Sectwn 2 01, m the dtstrtct m whwh elected,
(4.) (3) Shall not hold any other public office of emolument,
(4) Shall have and maintain the ehg~bdtty requirements for mumc~pal officers set forth m
Sectton 141 001 of the Texa~ Elect~on Code, Vernon ~ Texas C~wl Statutes Annotated
heremafter referred to as "Elecuon Code" as zt may now read or hereafter be
amended
(b) If a member of the Council shall, after being elected, cease to possess any of these
qualifications or ehgtbday requirements, or shall hold another office of emolument, or enter a
plea of guilty to a felony, or be convlct~ of a felony he or she shall immediately forfeit h~s or
her office
AMENDMENT NO. 6
That Article II of the Charter shall be amended by amending Section 2 04 "Vacancies in
council" so that the same shall h~reafter read as follows
Page 4
Sec. 2.04. Vacancies in council.
Where a vacancy in any place on the Council shall occur, the vacant place shall be filled
by a spectal electron, and, where necessary, by a runoff election, m the same manner as prowded
in this Charter for the regular election of the councflperson Such special eleet~on shall be held
~ .... a ........ u .........:n~ ~c.5.: the first authortzed umform elect~on date following the
creation of the vacancy occurrtng on or after the thzrtteth day after the date the electron ts or-
dered a.':~ The runoff elect~on, where necessary, shall be held....~- ,u^...~ .v_.vv.....c ....... ,u ~,-:a ....
~ tn accordance with the requirements of the Electron Code and all other apph-
cable laws, provided, however, that where a vacancy shall occur wlttun one hundred and twenty
(120) days of a regular elect~on, no special election to fill the vacancy shall be called, ualess
more than one vacancy occurs
AMENDMENT NO. 7
That Article III of the Charter shall be amended by amending subsection (a) of Sect:on
3 01 "Mumc~pal elections" so that the same shall hereafter read as follows
See. 3.01. Municipal elections.
(a) The regular election for the choice of members of the City Council as provided m
Article II shall be held each year on the first Saturday in Ap~! May or on any other umform
elect:on day for mumc~pal elect~ons estabhshed by the Elect~on Code The Council may by
resolut:on or or&nance order specml elections which shall be held as nearly as practicable ac-
cording to the prowslons for a regular election The hours and places for holding all City elec-
tions shall be determined by the City Council All elect~ons shall be conducted ~n accordance
w~th the Elect~on Code and all other apphcable laws as they now read or may hereafter be
amended
AMENDMENT NO. 8
That Art:ele III of the Charter shall be amended by amending subsections (a) and (b) of
Section 3 02 "Nomlnatmns" so that the same shall hereafier read as follows
See. 3.02. Nominations.
(a) Any qualified person may have his or her name placed on the ballot as a candidate
for ........... councdmember by fihng with the City Secretary not more than mnety (90) days
nor less than tlurty (30) days prior to ~e date of election an apphcat~on In substantially the fol-
lowing form
I, , do hereb) declare that I am a candidate for the Council of the
C~ty of Denton and request that my name be pnnted upon the official Ballot for that of-
flee in the next City election I am aware of the nepotism law. chapter 573 of the
Page 5
ernment Code I am quahfiefl to serve on the Council with respect to the quahficat~ons
set forth m the Charter I remde at , Denton, Texas
Signed
The foregoing petition was filed wRh the C~ty Secretary on the __ day of
C~ty Secretary
for
(b) As an alternative method, any quahfied person may be nominated .......
councdmember by a written petmon mgned by flu,~y (29) the greater of twenty five (25) qualified
voters of the City or one-half of one percent of the total vote received by all can&dates for
mayor tn the most recent mayoral general electron, prowded the candidate mgns the petition cer-
tifying bas or her acceptance One such petltton shall be circulated and signed for each normnee
or eandxdate With each mgnature shall be stated the place ofremdence of the mgner, gxvmg the
street and number or other dascnptlon sufficient to identify xt Nommatmg petit, OhS shall be
filed wxth the City Secretary not more than mnety (90) days nor less than thirty (30) days before
the election day, and shall be in substantially the following form
We, the undersigned electors of the C~ty of Denton, hereby nominate
COt:
whose residence address is as a candidate for .... ~-"-
Counedmember of the C~ty of Denton, to be voted for at the electron to be held on the
day of , , and we lndlwdually certify that we are
quahfied to vote for a candidate for the Council
Name Address Date of Signing
(Spaces for ttu~y~,~j ~ r~x the greater of twenty five (25) or one-half of one percent of the
total votes recetved for candtdates for Mayor mgnamres and required data)
Acceptance of Normnatlon
I am quahfied to serve on the Council of the C~ty of Denton w~th respect to the quahfica-
tlons set forth m this Charter I hereby accept the nomination for ............ Councd-
member and agree to serve ~f elected
S~gnaturc of Candidate
Page 6
Statement of Circulator
The undersigned ts the clmulator of the foregoing petition contmmng ~'a.' ../
signatures Each signature was appended thereto in my presence and ~s the genuine sig-
nature of tho person whose name it purports to be
Signature of Circulator
Address of Circulator
The foregoing petition was filed with the City Secretary on the day of
City Secretary
AMENDMENT NO. 9
That Article IH of the Charter shall be amended by amending subsections (a) and (b) of
Section 3 04 "Canvass Election returns, results" so that the same shall hereafter read as follows
Sec. 3.04. Canvass: Election returns, results.
(a) Iramethately after counting the votes, the presiding judge shall deliver the officml
returns of the election to the City Secretary r,. ~.c ..... .~..~.~... ~, ........ u~ ~ ...... Not
earlier than the third day or later than the sixth day after the election or as otherwise reqmred
by the Election Code and all other apphcable laws, the City Council shall canvass the returns
and declare the results The returns of every municipal elect~on shall be recorded in the minutes
of the Council
(b) The candidates receiving the majority of the votes cast for each place shall be de-
clared elected If no candidate receives a majority, or ~f there is a t~e for any one place, the
I1 ..... ~ off 1 -~
Council sha order a ....... run e ectlon m which shall be held..~ ...v: ..... ..._.L-- .~.~ ..,,~...~ ......
~.~. ..... ~ ............................... r .... not earher than the twentieth or er than e
thirtieth day after the date the final canvass of the regular election ts completed or as otherwise
required by the Election Code and all other apphcable laws Only the names of the candxdates
who tie for the h~ghest number of votes cast for that place, or the two (2) canthdates who recexve
the highest number of votes with neither having a majority of votes cast for that place, shall be
pnnted on the ballot for each election In the event of a tie vote at *he :ccc. nd runt/Telectlon, the
candidates who tie shall cast lots in the presence of the C~ty Secretary to determine which one
shall be declared elected, and said lots shall be cast w~thm five ~5) days of the se~:en~ runoff
election tn accordance with Section 2 028 of the Election Code and all other apphcable laws
Page 7
AMENDMENT NO. 10
That Article VI of the Charter shall be amended by amending Sectmn 6 03 "Mumclpal
court" so that the same shall hereafter read as follows
Sec 6.03. Municipal Court.
(a) There is hereby estabhshed a court which shall be known as the "Mumc~pal Court
No 1 of the C~ty of Denton" .~,,.c Murac~pal Court No 1 shall have the jurisdiction and be con-
dueled as a muntclpal court of record tn accordance wtth Yernons Texas Codes Annotated Texas
Government Code subchapter FF, chapter 30, ~30 1211 through 30 01233 mclustve and apph-
cable state law as these laws may now read or hereafter be amended '- a. .............
~_~ ~..,u ....~ u.. ~ .... All costs and fines ~mposed by the Mumc~pal Court shall be pa~d ~nto the
City treasury for the use and benefit of the C~ty The Cay Councd may, by ordinance, create ad-
ditional mumclpal courts or mumclpal courts of record ~f so authorized under the prowswns of
apphcable law
(b) The C~ty Mumclpal Sudge shall preside over the Mumc~pal Court The C:.'y Mumcl-
pal Judge shall be a quahfied attorney-at-law hcensed to practlee ~n the State of Texas ~r
,.~ ,~ ................ n ..................... ~' .......... ~ . tn good stan lng and
shall have such other qualt, ficatlons as required by subchapter FF of chapter 30 of the Texas
Government Code and other apphcable laws as these laws may now read or hereafter be
amended He or she shall be appointed by, and shall serve at the pleasure of the Council The
E::y Mumctpal Judge shall receive such compensation as may be fixed by the Council The Mu-
ntctpal Judge shall have all the powers and duttes asstgned to a muntctpal judge by the Charter,
other C~ty ordinances, subchapter FF of chapter 30 of the Texas Government Code, or other ap-
phcable state laws
(c) There shall be one regularly scheduled session of the court each week and as many
other sessmns as, m the d~seret~on of the C::y Mumclpal Judge, may be necessary for the tunely
transaction of the bus~ness of the court
(d) The Council may appoint such assistant C:~' mumclpalJudges or addmonal C:r/mu-
mclpal judges as may be necessary to perform the duties of the Mumc~pal Court or a temporary
C::y mumcipaljudge to act for the .~..~ Mumclpal Judge in the case ofh~s or her temporary ab-
sence or chsabfl~ty, and such assistant, addmonal, or temporary C~ty mumclpal judge shall re-
ceive such compansat~on as may be set by the Council All such asststant, additional, or tempo-
rary munlctpal judges, when appotnted, shall have all of tile other powers and duties assigned to
the Mumctpal Judge herein
AMENDMENT NO. 11
That Article VII of the Charter shall be amended by amending Section 7 01 "Property
subject to tax' and daletmg Section 7.02 "Payment, dehnquency, penalties", Seetmn 7 03 "Se~-
Page 8
zure and sale of property for delinquent taxes", and Section 7 04 "Tax lien", and renumbenng the
remmmng sections of Article VII accordingly, so that the same shall hereafter read as follows
Sec. 7.01. Property subject to tax.
The City Council is author]zed to levy and collect taxes, to selze and sell proper~y for de-
hnquent taxes, to create tax hens, and to exercise all other powers and authorlty pursuant to the
Tax Code, Vernon's Texas Codes Annotated and all other apphcable laws as they now read or
may hereafter be amended ....
Page 9
~at ~mle VIII of ~e Cheer shall be ~ended by ~endxng Section 8 04 "Pubhc
he~ng on budget" so that the s~e shall herea~er read ~ follows
See. 8.04. Pubhe hearing on budget
............ ~'~- ~..~, shall hold a pubhc he~ng on ~e proposed budget~
of the munw~pah~ may attend and may partw~pate ~n the heanng, whwh shall be set for a date
after the 15~ day after the date the proposed budget ~s filed w~th the ctF secreta~ but before the
date the C~ Couned makes ~ts t~ le~ ~e Councd shall provtde for pubhc notwe of the date,
t~me, and location of the hearing In ad&tton to th~s notwe, the Ct~ Councd shall pubhsh notwe
before the pubhc h~anng related to the budget ~n at least one newspaper of general c~rculat~on
~n Denton Coun~ ~s notwe shall be pubhshed not earher than the thirtieth or later than the
tenth day before the date of the pubhc heanng ~e C~ Councd shall prowde such other notwe
~ may be required by state and all other apphcable law ~e C~F Councd may make such
changes ~n the budget that ~t considers warranted by the law or by the best ~nterests of the mu-
ntczpal t~payers A~:r :u: ubl:c ....... ~, .............. ~ ................ ~ ............ ~
.ce ........... ~d may mcr~c or decrease thc gems of th~ budget prowdcd ~e total pro-
posed expedites sh~l not exceed th~ total ~t]c]pated revenue
~EN~NT NO. 13
That ~clc VIII of ~c Cheer sh~l be ~cndcd by ~endmg Section 8 05 "Adoption
of budget" so that ~e s~c sh~l hero.er read ~ follows
S~ c 8.05. Adoption of budget
The budget sb~l bc finally adopt~ b/~c favorable votes of at least a majority of all
s~on of the pubhc heanng Should ~o Counefl t~e no final a~Uon at the conclus~on of the pubhc
Page 10
heanng and ........ x. v/...., ~ before the end of the fiscal year, the budget as subnutted by the
City Manager shall be deemed to have been finally adopted by the Council
AMENDMENT NO, 14
That Art~ale VIII of the Charter shall be amended by amending Section 8 07 "Transfer of
appropriations" so that the same shall hereafter read as follows
Sec. 8.07. Transfer of appropriations.
At any time during thefiscal year, the City Manager may at a::y t:_'n: transfer any part of
the unencumbered appropriation balance or pe.-t.:e.n the entire balance thereof between programs
or general classifications of expenditures witban an office, department, o~ agency, or orgamza-
at the request of the City Manager
ttonal unit At any time during the fiscal year, ._~
lazt .~.~A/dx _~_,~-~ ~ ,~-~ ~-..~--, yea:, the Council may by resolution transfer any part of the
unencumbered appropnatlon balance or gc..-t.:zn the entire balance thereof from one office, de-
pax:h~ient, ~ agency, or organizational unit to another
AMENDMENT NO. 15
That Article IX of the Charter shall be amended by amending subsection (a) and deleting
subsection (d) of Section 9 01 "Power to issue bonds" so that the same shall hereafter read as
follows
See. 9.01. Power to issue bonds
(a) The City of Denton shall have the right and power to issue general obligation bonds
to finance any capxtal project winch ~t may lawfully construct or aeqmre or for any other legiti-
mate public purpose The general obligation bonded debt of the C~ty shall only be increased by
the consent of the majority of the qualified voters of the City voting at an election held for that
purpose ,4 bond election shall be ordered and notice given by ordinance, consistent with the
requirements for holding elections set forth tn ,4rttcle Ill of this Charter and tn accordance with
the apphaable laws of the State of Texas as they now read or may hereafter be amended
(b) The City shall have the power to issue revenue bonds against the antic~pated reve-
nues of any mume~pally-owned utlhty or other self-liquidating mumclpal function to pay the
debt recurred on account of such utlhty or function In no event shall revenue bonds be consid-
ered an indebtedness of the City nor be repaid from bonds secured by taxation
(c) No bonds or warrants shall be issued to fund any overdraft or indebtedness recurred
for currant expenses of the City government
dzr:~ 55' . ...... ~ ..........................~ .................................................
Page 11
AMENDMENT NO. 16
That Article IX of the Charter shall be amended by amendang subsection (a) of Sectwn
9 02 "Bond ordinance and election" so that the same shall hereafter read as follows
See. 9.02. Bond ordinance and election.
(a) After approval by a majonty of the qualffied property taxpa3nng voters votmg at a~
general obhgatwn bond election called for the purpose of authorizing the zssuanee of bc:'.~: gen-
eral obhgatton bonded debt, the City shall anthonze the issuance of such bonds by a bond or&-
nance passed by an affirmattve vote of a majonty of all members of the Council The Ctty
Counctl may approve the ~ssuance of revenue bonds wtthout an electron by authorizing the issu-
ance of such bonds by bond ordtnance passed by an affirmattve vote of the majortty of all mem-
bers of the Councd
AMENDMENT NO. 17
That Artwle X of the Charter shall be amended by amending subsection (a)(6) Section
10 03 "Planning and zomng commlssxon Powers and duties" so that the same shall hereafter
read as follows
Sec. 10.03. Planning and zoning commission: Powers and duties.
(a) The Planning and Zomng Commission shall
(6) Submit annually to the C~ty Manager, not less than n:::gty (9~) sixty (60) days
prior to the begmmng of the budget year, a hst of recommended general obhga-
tton capital ~mprovements which m the opmwn of the Comm~ssmn ought to be
constructed dunng the forthcoming five (5) year period (Such hst shall be ar-
ranged m order of preference, with recommendatwns as to wtuch projects should
be constructed in wluch year, and the C~ty Manager shall forthwah furnish a copy
of such reeommendattons to each member of the Council )
AMENDMENT NO. 18
That Arttele X of the Charter shall be amended by amending Sectmn 10 05 "Legal effect
of master plan" so that the same shall hereafte: read as follows
See. 10.05. Legal effect of master plan.
No street, park, or other public way, ground or space, no pubhc bmkhng or structure and
no pubhc utahty whether pubhcly or privately owned, shall be constructed or anthonzed m the
City,..v. ..... ,~..-..u~" ,-,¥ ....... ....' v.vv...j""' "w. ......... ~n'-'-''~a ,...v: '"-~.- v.¥, until and unless the location and extent
Page 12
thereof shall have been submitted to and approved by the Planntng and Zontng Commission,
prowded that, ~n case of d~sapproval, the Commission shall within thirty (30) days communicate
1ts reasons 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 Th .....
AMENDMENT NO. 19
That Artmle X of the Charter shall be amended by amending Sect]on 10 07 "Board of
Adjustment" so that the same shall hereafter read as follows
Se(: 10 07. Board of Adjustment.
lng to a:.: ..... ~, ...... ,
tho
:$
dmance
The C~ty Councd shah by ordinance estabhsh a Board of Adjustment which shall consts~
of at least seven (7) members who sb ~ll have the quahficatlons, powers, and duttos and serve fo
the terms provtded by the C~ty Councd tn an ordinance creating the Board Hll ~,rrent members
of the Board of Hdjusiment and the Boa~ d shall continue to serve under the curr~nt provtstons of
the Ctty Charter untd such or&nance creattng the Board ts enacted and effective
Page 13
AMENDMENT NO. 20
That Artmle XI of the Charter shall be amended by amending Section ! 1 02 "Park and
Recreatmn Board" so that the same shall herea~er read as follows
Sec. 11.02. Park and Recreation Board.
............... ...... '~ ~ .... The Ctty Councd shall by ordtnance estabhsh a board whtch shall advtse the
Counctl on parks and recreatzon and whwh shall constst of at least seven (7) restdents of the
Ct~y who shall have the quahficattons, duttes, and powers and serve for the terms provtded by
the Czty Counctl tn the ordtnance creating the board ~ll current members of the Parks and Rec-
reatton Board and the Board shall continue to serve under the current provtstons of the Ctty
Charter unttl the ordinance creattng the Board ts enacted and effecttve
AMENDMENT NO. 21
That Arttcle XZ! of the Charter shall be amended by amending subsect]o~
!2 01 "Genera] powers respecting utthaes" so that the same shall hereafter ~ad as follows
Page 14
Sec. 12.01. General powers respecting utilities.
(b) In addition to such public utlhtles as it may now own, the City of Denton may own, ac-
publ ty
qmr~, construct, mamtmn, and operate any other lC utfll at r...:.
~,~. ..... 1.~:~ ..~,..,..~,~- c,.,. ........ ,~.~. e .......1..,.~_ ~.~i~ e_. ~,.-. r.--~-~, .~ and shall have
power for the purpose of operating and mmntalmng any such unhty, and for (hstnbutmg such serv-
ice throughout the C~ty or any port,on thareof, but m such any condenmatton proceedings brought
to acquire suctpubhc utd#y no allowance shall be made for the value of any franchise and only the
actual physical assets shall be purchasad by the City
AMENDMENT NO. 22
That Article XII of the Charter shall be amended by amending Section 12 04 "Disposal of
utility properties" so that the same shall hereafter read as follows
Sec. 12.04. Disposal of utility properties.
No sale, conveyance, lease, or g:.-gc..-.a! otter ahenatzon of the eh,re assets of any utility
system or any part thereof essential to continued effective utility service, shall ever be made un-
less such sale, lease, or disposal is approved by a majonty vote of all the qualified :!cc:ct: voters
~otmg m an election held for that purpose in the City of Denton
AMENDMENT NO. 23
That Article XII of the Charter shall be amended by amending Section 12 07 "The public
utilities board" so that the same shall hereafter read as follows
Sec. 12.07. The public utilities board.
(a) There is hereby created a public utilities board to be composed of .~;-;,~/ex seven (7)
members, or as many members as there are councdmembers, whichever zs greater, appointed by
the Council for four-year terms and until their respective successors have been appointed and
bors of the board may be removed by the Council only for cause and only after charges have
been filed and published and the member has been given a reasonable opportunity to defend
tumself in an open p,bhc hearing before the Coancll Vacancies shall be filled for any unex-
pired term m the sam,~ manner as provzded for regular appomtmer ts
(b) The city mar ager and director of utlhtles shall be ex officio members of the board
They shall attend all meetings of the board and shall have the right to discuss any matter that
under consideration by the board but shall have no vote
Page 15
(c) Members of the pubhc utihtles board shall have the same quahfications as are re-
qmred by membership on the Cay Council
(d) At its orgamzatmnal meeting, and annually thereafter as soon as the newly appointed
member (or Imembers) has qualified, the board shall select from as own membership a chatrman,
vice-chairman, and secretary Any three (3) of the regularly appointed members shall constitute
a quorum. The board shall deterrmne its own rules and order of business The board shall meet
at least once each month, all meetmgs shall be ~ conducted tn accordance with
the Texas Open Meetings Act, chapter 551 of the Texas Government Code, as tt may now read or
hereafter b~ amended and all other apphcable laws and a permanent record of proceedmgs
maintained
AMENDMENT NO. 24
That Artmle XIII of the Charter shall be amended by amending Section 13 03 "Franchise
tax" so that the same shall hereafter read as follows
Sec. 13.03. IFranchise :ax fee.
The *holder or grantee of any francluse or hcense to use pubhc streets, alleys, htghways,
or other pubhc property may be required, as compensation for the right or privilege enjoyed, to
pay to the City of Denton each year such reasonable sum (not less than two percent (2%) of the
gross receipts of the busmess pursued by the holder of the franclnse earned for service rendered
in the C~ty of Denton), or to pay compensatton, rent, or any other fee or charge authortzed by
law, tncludtng, wtthout hmttatton, spectfic charges per servtce hne, access hne fees, and all
other legally permtsstble charges for the use of tts streets, alleys, htghways, and other pubhc
property, as the Council may determine by ordinance or by contract with any such utility, which
compensation shall be in addition to all ad valorem and eoxporataon taxes paid by the utility
AMENDMENT NO. 25
That Article XIV of the Charter shall be amended by amending Seetmn 14 04 "Personal
~nterest" so that the same shall hereafter read as follows
See. 14.04. i Personal interest.
l~;oyee of the Ctty havmg a substanttal interest tn a bastncss enttty or real l;roperty, as those
terms are defined tn chapter 171 of the Texas Local Government Code as tt now reads or may
hereafter be amended, shall comply wtth chapter 171 and, tf necessary, shat/abstatnfrom vottng
Page 16
on a matter tnvolvtng the bustness enttty or real property and file an affidavtt setting forth the
substanttal tnterest tn the matter to be voted upon
AMENDMENT NO. 26
That Article X. IV of thc Charter shall be amended by amending Section 14 13 "Amending
the Charter" so that the same may hereafter read as follows
Sec 14.13. Amending the Charter.
Amendments to this Charter may be framed and submitted to the voters &the City m the
provlded by C~ ..... ~ ~.,~ ~o ~,~ ~ ...... .~ c~....~ ~,~,. ..... c,~ o .... C,f~r .....
manner ,,.,~ ..... , .................................. ' ................... ';
1925 Vernon's Texas Codes Annotated, Texas Local Government Code Chapter 9 and all other
apphcable laws, as they now read or may hereafter be amended
SECTION II. That the form of the ballot shall be substantially as follows
PROPOSITION NO 1 - Annexation Shall Section 1 03 of Article I of the City Charter be
amended to substitute the requirement of a majority vote of the City Council for the current four-
fifths vote of the Council necessary to annex land or otherwise alter the City of Denton's
boundaries?
YES NO
PROPOSITION NO 2 - ~ Shall Section 1 05 of Article I of the City Charter
and Section 12 04 of Article XII of the City Charter be amended to provide that the City may not
sell, lease, mortgage, or otherwise alienate the entire assets of any utility system or any essential
portion thereof without the approval of a majority of all the qualified voters voting at an election
held for that purpose and to correct statutory references?
YES NO
PROPOSITION NO 3 - Notice of Claim Shall Section 1 06 of Article I of the City Charter be
amended to increase the tlurty-day notice of clmm for personal injury or property damages to
mnety days and to require the claimant to pro~nde his or her residence address, the names and
addresses of all witnesses known at the t~me who he or she relies upon to establish a claim for
damages, and other information pertmmng to the claim9
YES _ NO
PROPOSITION NO 4 - Gender Neutral Shall Article I of the City Charter be amended by
adding a ne w Sectaon 1 07 so that the Charter becomes gender neutral by extending all references
in the Charter to the masculine gender to apply also to females and where applicable to firms,
parmershlps, and corporations9
Page 17
YES NO
PROPOSITION NO :5 - ~!lllillllll.~ltl~ Shall Article II and Amcle III of the City Charter
be amended by amending Section 2 02 requinng each member of the Council to be a rebnstered
voter and to have the minimum eligibility requirements for a municipal officer set forth In the
state law, reside for one year prior to the election in a smgle member distnct for which the per-
son IS runmng, to elumnate the requirements that a councllmember not be in debt to the City, not
be interested m the emoluments of any contract or transaction with the City, and not be an officer
or director of a public service corporation, and to require forfeiture of the office upon ceasmg to
possess these quahficatlons or upon conviction of a felony, by amending Sections 2 04 and 3 01
to require municipal elections to be held on uniform election dates In accordance with applicable
laws, by amending Sections 3 02, and 3 04 to acknowledge awareness of nepotism laws in the
petition to nommate a candidate for councflmember, changing the required number of signatures
on the petition, and to require canvassing and the holding of a runoff election in compliance with
applicable laws?
YES NO
PROPOSITION NO 6 - Mumcmal Court Shall Section 6 03 of Article VI of the City Charter
be amended to require that Municipal Court No 1 be established as a mumcIpal court of record
and that the Mumcipal Judge and all assistant municipal judges be licensed attorneys and have
the qualffications and the powers when appointed required by applicable state law*
YES NO
PROPOSITION NO 7 - Taxation Shall Section 7 01 of Article VII of the City Charter be
amended to provide the City's power to tax shall be consistent vath the Tax Code and to delete
Sections 7 02, 7 03, and 7 04 regarding the payment, collection, levying, seizure, and sale of
property for delinquent taxes, delinquency penalties, and establishment of tax liens, and to re-
number the remaimng sections, so that these matters will be governed by the Tax Code and other
applicable laws?
YES NO
PROPOSITION NO 8 - Budget Shall Article VIII of the City Charter be amended by amend-
ing Sections 8 04 and 8 05 to provide for a public heanng on the budget after the 15th day the
proposed budget is filed with the City Secretary but before taxes are levied, to provide for notice
to be published in accordance with apphcable laws, to provide for adoption of the budget after
the public heanng, allowing the proposed budget to take effect If the Council takes no action be-
fore the end of the fiscal year, allowmg Council to make changes in the budget, and amending
Section 8 07 to authonze transfer of cer~a.n unencumbered funds within and between offices,
departments, agencies, and organizational umts dunng the tis( al year?
YES NO
Page 18
PROPOSITION NO 9 - Bonds Shall Sections 9 01 and 9 02 of Arncle IX of the City Charter
be amended to require general obhgatlon bond debt of the City to be increased only by consent
of the majority of the qualified voters oftha City voting in an election for that purpose, and to
eliminate the reqmremcnt for a revenue bond issue in excess of one million dollars to be ap-
pwved by a non-binding referendum election~
YES NO
PROPOSITION NO l0 - ~ Shall ArUcle X of the City Charter be
amended by amending Section l0 03(a)(6) to reduce the number of days prior to the beginning of
the budget year that the Planmng Commission must submit a list of recommended general obh-
gation capital improvements to be constructed dunng the forthcoming five-year period to the
City Manager fi:om 90 days to 60 days; amending Section 10 05 to eliminate the requirement for
the Planning Comnusmon's approval on all purchases and sales of real property and on w~den-
rog, vacating, or changing streets?
YES NO
PROPOSITION NO 11 - ]~letion of Board of Admstment. Shall Article X, Section l0 07 of
the City Charter bo amended by deleting the Board of Adjustment fi:om the City Charter and re-
qmnng that the City Council, by urdlnance, establish a Board of Adjustment consisting of at
least seven members having the quahficatmns, powers, duties, and terms established by the City
Council, and providing that the current Board of Adjustment shall continue to function under
these provlmons of the Charter unt, l the ordinance creating the Board of Adjustment is ¢ffect, ve~
YES NO
PROPOSITION NO 12 - Deletion of Parks and Recreation Board. Shall Article XI, SecUon
11 02 of the City Charter be amended by deleUng the Parks and Recreation Board fi:om the City
Charter and reqmnng that the City Council, by ordinance, establish a board to advise the Council
on parlc~ and recreation matters consisting of at least seven members having the qualifications,
powers, dutaes, and terms established by the City Council, and providing that the current Parks
and Recreataon Board shall continue to function under these provmons of the Charter untal the
ordinance creating the Board is effective?
YES NO
PROPOSITION NO 13 - New Utflmes. Shall Section 12 01 ofArtmle XII of the City Charter
be amended by authorizing the City to own, acqulro, construct, maintain, and operate any other
public utlhty without the necessity of having that leclmon approved by a majority of quallfie d
voters voting therefore at an electron held for such purpose9
YES NO
Page 19
PROPOSITION NO 14 - Exnanslon ofPubhc UUht~es Board Shall Article XII, SecUon 12 07
of the City Charter be amended by expanding the Pubhc Utilities Board from five to seven mem-
bers or aa many members as there are counmlmembers, wluchever ~s greater, and reqmnng all
meetings Of the Board to be held in accordance with the Texas Open Meetings Act and all other
applicable laws?
YES NO
PROPOSITION NO 15 - Franchise Fees Shall Section 13 03 of Article XIII of the C~ty Char-
ter be amended by requmng the grantee of any franchise or hcense to use streets or other public
property granted by the City to pay a fee not less than 2% of the gross receipts, or any other fee
or charge anthonzed by law, mcluchng access line fees, which the City may legally charge for
use of its streets or other public property?
YES NO
PROPOSITION NO 16 - Conflict of Interest Shall Section 14 04 of Article XIV of the City
Charter be amended by ohnunaUng the current conflict of interest reqmrements and subsUtuUng
the requirement that any C~ty officer or employee having a substantial interest in a business en-
Uty or real property, as those terms are defined by chapter 171 of the Texas Local Government
Code, shall comply w~th chapter 171 and, ffnecessary, shall abstain from voting on a matter on
wluch the person has a substantial interest and file an affidavit setting forth the substantial inter-
est in the matter to be voted upon?
YES NO
PROPOSITION NO 17 - ~{ltUtol'V Reference. Shall Section 14 13 ofArtmle XIV of the City
Charter be amended to correct statutory references?
YES NO
SECTION III. That the electron shall be conducted at the same time and m the same
manner v~th the same elections officers aa presonhed in Ordinance No 99-056 calling the gen-
eral election on May 1, 1999, for the election of councilmembers for Dlstrtcts l, 2, 3, and 4 The
physical means of voting, the designated polhng places, and the officers shall be the same as
those prescribed in Or&nance No 99-056
~ That early voting shall be conducted in the same manner, at the same Io-
cation, and on the same dates and time as provided in the aforementioned ordinance for the gen-
eral elecUon on May 1, 1999
SECTION V. That o/ud electron shall be held under the provisions of the Charier of the
City of Denton, the ConstttuUon and the laws of the State of Texas, the Voting lhghts Act of
1965, as amended, insofar as they may be applicable
Page 20
SECTION VI. That th~s ordinance shall constitute the order and may serve as notice of
the elect~on and shall be published and notmed m accordance w~th the general elect~on ordinance
and all appl, cabl¢ laws
~ That the caption of this or&nance shall be published ,n a newspaper of
general c,rculat~on m the City of Denton, m comphance with the provmons of the law Further,
tins orchnance may be pubhshed m pamphlet form and shall be admissible ~n such form m any
court, as prowded by law
SECTION VIII. That if any section, subsection, paragraph, sentence, clause, phrase, or
word m tlns orchnance, or apphcat~on thereof to any person or circumstance ~s held to be uncon-
stitutional, such holding shall not affect the val,&ty of the remmmng port~ons of tbas ordinance,
the City Council of the C~ty of Denton hereby declares that they would have enacted such re-
mmnmg portions despite any such mvahd~ty
~ That the C,ty Counc,1 has found and determined that the meet, ng at
which tlns resolution ~s considered ~s open to the public and that notme thereof was g~ven m ac-
cordance with the prows~ons of the Texas open meetings law, Tex Gov't Code ch 551, as
amended, and that a quorum of the Cay Council was present
SECTION X. That th, s ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
P^SSED APPROVEDt sthe/ dayof ,1999
JACK~L~ER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYe/., .. r
APPROVED AS TO LEGAL FORM;
HERBERT L PROL~I Y, CITY AT~'ORNEY
Page 21