1999-133 NOTE There is no Ordinance No 99-132
ORDIN,*CE NO qC/-/g3
AN ORDINANCE AMENDING ORDINANCE NO 99-057, AS AMENDED, ORDERING AN
ELECTION TO BE HELD ON MAY 1, 1999 AND THE AMENDING ORDINANCES, FOR
THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS
AMENDMENTS TO THE DENTON CITY CHARTER BY AMENDING AMENDMENT NO
25 AND PROPOSITION NO 16 TO CLARIFY THAT THE AMENDMENT REFERS TO
CITY OFFICERS AND EMPLOYEES, TO AMEND PROPOSITION NO 5 TO MAKE A MI-
NOR CHANGE IN WORDING, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A
SAVINGS CLAUSE, PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Attorney has found ~t necessary to make a change to Amendment
No 25 and Proposltnon No 16 to clarify that the reference is to C~ty officers and employees, and
to make a minor non-anbstantlal word ~nsert~on ~n Propomt~on No 5, and
WHEREAS, the C~ty Council deems ~t m the pubhc interest to amend the ordinance to
make change, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Section I, Amendment No 25 of Ordinance No 99-057, passed by the
City Council on February 16, 1999, as amended, is hereby amended to clarify that the amend-
ment refers to officers and employees of the City so that Amendment No 25 hereby reads as
follows
AMENDMENT NO 25
That Article XIV of the Charter shall be amended by amending Section 14 04 "Personal
~nterest" so that the same shall hereafter read as follows
See 14 04 Personal ~nterest.
ployee of the Ctty hawng a substantial interest m a business entity or real property, as those
terms are deftned m chapter 771 of the Texas Local Government Code as ~t now reads or may
hereafter be amended, shall comply w~th chapter 17] and, ~f necessary, shall abstatn from voting
on a matter mvolwng the business entity or real property and file an affidawt setting forth the
substantml interest ~n the matter to be voted upon
SECTION II That Sectmn II, Proposl~ton No $ of Ordinance No 99-057, passed by the
City Council on February 16, 1999, as amended, ~s hereby amended to insert the word "to" he-
tween the words "and" and "have" on the tinrd line so that Proposition No 5 hereby reads as
follows
PROPOSITION NO 5 - Mumcmal Elections Shall Article II and Article III of the City Charter
be amended by amending Section 2 02 reqmring each member of the Council to be a registered
voter and to have the m~mmum ehglbfl~ty requaremants for a municipal officer set forth in the
state law, reside for one year prior to the elect~on m a smgle member distnct for winch the per-
son as running, to ehmmate the reqmrements that a councflmember not be ~n debt to the C~ty, not
be interested m the emoluments of any contract or transaction w~th the City, and not be an officer
or director of a pubhe service corporation, and to require forfeiture of the office upon ceasing to
possess these quahficat~ons or upon conwctlon of a felony, by amending Sections 2 04 and 3 01
to require mumcapal elections to be held on umfonn election dates ~n accordance w~th applicable
laws, by amending Sections 3 02, and 3 04 to acknowledge awareness of nepotism laws ~n the
petition to nominate a candidate for councflmember, changing the required number of signatures
on the petition, and to reqmre canvassmg and the holding of a runoff election ~n comphance w~th
appllcablo laws9
YES NO
SECTION III That Section II, Proposition No 16 of Ordinance No 99-057, passed by
the C~ty Council on February 16, 1999, as amended, as hereby amended to clarify that the propo-
sition refers to City officers or employees so that Proposition No 16 hereby reads as follows
PROPOSITION NO 16 - Conflict of Interest Shall Section 14 04 of Article XIV of the CRy
Charter be amended by ehmmatlng the current conflict of interest requirements and substituting
the requirement that any City officer or employee having a substantial interest in a bus~ness en-
tity or real property, as those terms are defined by chapter 171 of the Texas Local Government
Code, shall comply w~th chapter 171 and, ~f necessary, shall abstain from voting on a matter on
which the person has a substantml interest and file an affidawt setting forth the substantml rater-
est in the matter to be voted upon9
YES NO
SECTION IV That the seventeen propositions shall appear on the ballot substantmlly an
the form shown in the attached ordinance which conforms to all amendments of Ordinance No
99-057, winch conforming ordinance is made a part of tins ordmance for all purposes
SECTION V That all prior actions by the City Secretary and other City employees in
prepanng, the ballot, providing not,ce of the elect~on, and any related activities which incorpo-
rated these changes are hereby ratified and approved
SECTION VI That save and except as amended hereby, all the sections, subsections,
paragraphs, sentences, clauses, and phrases of Ordinance No 99-057, as amended by Ordinance
Nos 99-086 and 99-100, shall remain m full force and effect
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SECTION VII That if any section, subsection, paragraph, sentence, clause, phrase or
word in this ordinance, or apphcatlon thereof to any person or circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the vahdlty of the remmmng
pomons of this ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such invalidity
~ That the City Council has found and determined that the meeting at
which this ordinance is considered is open to the pubhc and that notme thereof was g~ven m ac-
cordance with provisions of the Texas open meetings law, Tex Gov't Code ch 55 I, as amended,
and that a quorum of the City Council was present
SECTION IX That th~s ordinance shall become effective lmmedmtely upon its passage
and approval
PASSED AND APPROVED this the day of ,1999
JACK~I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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