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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 Page 2 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 Page 3