1999-086NOTE. ~ed by Ordxnance No. 99-100
AN ORDINANCE AMENDING ORDINANCE NO 99-057 ORDERING AN ELECTION TO
BE HELD ON MAY 1, 1999, FOR THE PURPOSES OF SUBMITTING TO THE
REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY
CHARTER, BY AMENDING AMENDMENT NO 2 TO ADD SOME ADDITIONAL
STATUTORY REFERENCES AND TO AMEND PROPOSITION NO 2 TO CORRECT
STATUTORY REFERENCES, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A
SAVINGS CLAUSE, PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Attorney has found it necessary to make non-substantial technical
changes to Amendment No 2 and Proposmon No 2 of Ordinance No 99-057 calling a City
Charter EleeUon to correct statutory references, and
WHEREAS, the City Council deems it in the public interest to amend the Ordmanee to
make these changes, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That Section I, Amendment No 2 of Ordanance No 99-057, passed by the
City Council on February 16, 1999, is hereby amended to add an additional statutory reference
so that Amendment No 2 hereby now reads as follows
AMENDMENT NO. 2
That Article I of the Charter shall be amended by amending Section 1 05 "Powers of the
city" so that the same shall hereafter read as follows
Sec 1.05 Powers ofthec~ty
The C;ty of Denton shall have and may exercise all the powers granted to cities by the
Constitution or laws of Texas lnclu&ng specifically those powers made available to cities of
more than five thousand (5,000) inhabitants by what is known as the Home Rule Amendment to
the Constitution of Texas (Article XI, Section 5 and the Home Rule Enabling Act (C.%aF:c: 12,
cf c +u_ ~+.+~ cf T ..... ~n~ Vernon's Texas Codes
Annotated, Texas Local Government Code Semon $ 004, Chapter 9, Chapter 26, and
$ubchapter E of Chapter SY), as these laws now read or may hereafter be amended The City
may acquire property wltlun or without its corporate limits for any municipal purpose, may
cooperate with the government of Texas or any agency thereof, or with the federal government
or any ~gency thereof, 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 may require, provided the City shall not sell, convey, lease, mortgage, or
otherwise alienate the enttre assets of any public utility system or any portton thereof essenttal to
conttnued effecttve uttltty servtce without the prior approval by a majortty of the qualified voters
of the City who vote at an electron held for thts purpose, and may exercise the power of emment
domain when necessary or desirable to carry out any of the powers conferred upon it by this
Charter or the Constitution or laws of Texas The enumeration of particular powers m this
Charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated
herein, implied thereby or appropriate to the exercise thereof, the City shall have and may
exercise all other powers whleh under the Constitution and general laws of this state ~t would be
competent for this Charter to speclfteally enumerate
SECTION II That Section II, Proposition No 2 of Ordinance No 99-057, passed by the
C~ty Council on February 16, 1999, ~s hereby amended by amending Proposition No 2 disposal
of utlhtles so that the same shall hereafter read as follows
PROPOSITION NO 2 - Dlsnosal of Utthtles 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 C~ty may not
sell, lease, mortgage, or otherwise alienate the entire assets of any utlhty 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?
SECTION III That save and except as amended hereby, all the sections, subsections,
paragraphs, sentences, clauses, and phrases of Ordinance No 99-057 shall remain In full force
and effect
SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or
word ~n this ordinance, or apphcatlon thereof to any person or circumstances is held ~nvahd by
any court of competent jurlsd~ctlun, such holdmg shall not affect the validity of the remmmng
portions of this ordmance, and the City Council of the City of Denton, Texas hereby declares It
would have enacted such remmnmg portions despite any such invalidity
SECTION V That the City Council has found and determined that the meeting at which
this ordmanee is considered ~s open to the public and that notice thereof was given in accordance
with provisions of the Texas open meetmgs law, TEX GOV'T CODE eh 551, as amended, and
that a quorum of the City Council was present
SECTION VI That this ordinance shall become effective immediately upon ~ts passage
and approval
PASSED AND APPROVED this the day of ~ ,1999
JACKER, MAYOR
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ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
BY ~--~
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