1999-148AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF
THE MUNICIPAL ELECTION TO AMEND THE CITY CHARTER OF THE CITY OF
DENTON ON MAY 1, 1999 HELD IN CONJUNCTION WITH THE REGULAR MUNICIPAL
ELECTION TO ELECT FOUR MEMBERS TO THE CITY COUNCIL, AND PROVIDING
AN EFFECTIVE DATE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council finds and declares that the May 1, 1999 election to
amend the City Charter held in conjunction with the regular municipal election to elect four City
Councllmembers was duly ordered for the purpose of submitting 17 propositions to the citizens
of the City for amendments to the City Charter, that proper notice of this election was duly given
and election officials appointed, and that the election was duly held and the returns of the elec-
tion officials have been delivered to the Council, all in accordance with the laws of the State of
Texas and the Charter and ordinances of the City of Denton
SECTION II That the official returns of the election officials having been opened, ex-
amined, and canvassed, and the Council hereby firlds and declares that 3,609 ballots were cast at
the election, and that the votes cast for each proposition on the ballot for the City Charter elec-
tion were as follows
TOTAL EARLY VOTES CAST
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 boundaries9
Yes - 471
No - 618
Proposition No 2 - Disposal of Utthtles Shall S,ctlon 1 05 of Artmle 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 por-
tion 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 - 637
No - 435
Proposition No 3 - Notice of Clmm Shall SoCtlon 1 06 of Article I of the City Charter be
amended to increase the thirty-day notice of claim for personal injury or property damages to
ninety days and to require the claimant to provide his or her residence address, the names and
addresses of all witnesses known at the time who he or she relies upon to establish a clmm for
damages, and other ~nformatlon pertmnmg to the claim9
Yes - 664
No - 391
Propos~taon No 4 - ~ Shall A_rtacle I of the C~ty Charter be amended by adding a
new Sectaon 1 07 so that the Charter becomes gender neutral by extendang all references an the
Charter to the masculine gender to apply also to females and where applicable to firms, partner-
shaps, and corporattons9
Yes - 699
No - 373
Proposition No 5 - Mtlnacmal Elections Shall Amcle II and Article III of the Caty Charter be
amended by amending Section 2 02 mquanng each member of the Council to be a registered
voter and to have the minimum elagthlhty reqmrements for a municipal officer set forth in the
state law, resade for one year prior to the electaon in a single member district for which the per-
son ~s mnnang, to elammate the requirements that a councalmember not be in debt to the City, not
be interested an the emoluments of any contract or transaction with the Caty, and not be an officer
or director of a publac service corporataon, and to require forfeiture of the office upon ceasing to
possess these qualaficatlons or upon conviction of a felony, by amending Sections 2 04 and 3 01
to require mumcapal electaons to be held on uniform election dates in accordance w~th applicable
laws, by amenchng Sectaons 3 02, and 3 04 to acknowledge awareness of nepotism laws in the
petat~on to nomanate a candadate for councalmember, changing the reqmred number of signatures
on the pet~taon, and to requare canvassmg and the holding of a runoff elect~on in compliance wath
applicable laws9
Yes - 627
No - 415
Proposltaon No 6 - Mumcmal Court Shall Section 6 03 of Article VI of the City Charter be
amended to reqmre that Mtmlclpal Court No 1 be estabhshed as a mummpal court of record and
that the Munacapal Judge and all assastant munaeapal judges be licensed attorneys and have the
qualaficataons and the powers when appointed reqmmd by applicable state law9
Yes - 683
No - 350
Proposition No 7 - Taxation Shall Section 7 01 of Artmle VII of the C~ty Charter be amended
to provide the Caty's power to tax shall be consastent w~th 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
dehnquent taxes, delinquency penaltaes, and estabhshment of tax hens, and to renumber the re-
mamlng sectaons, so that these matters wall be governed by the Tax Code and other applacable
laws9
Yes - 657
No - 373
Page 2
Proposition No 8 - Budget Shall Article VIII of the City Charter be amended by amending
Sectmns 8 04 and 8 05 to provide for a public heanng on the budget after the 15th day the pro-
posed budget is filed w~th the City Secretary but before taxes are lewed, to provide for notme to
be pubhshed m accordance with apphcable laws, to prowde for adoption of the budget after the
pubhc heanng, allowing the proposed budget to take effect if the Council takes no aetmn before
the end of the fiscal year, allowing Council to make changes ~n the budget, and amending Sec-
tmn 8 07 to authorize transfer of certmn unencumbered funds within and between offices, de-
partments, agencies, and orgamzat~onal units dunng the fiscal year9
Yes - 640
No - 378
Proposition No 9 - Bonds Shall Sections 9 01 and 9 02 of Artmle IX of the C~ty Charter be
amended to reqmre general obllgatton bond debt of the City to be increased only by consent of
the majority of the quahfied voters of the City voting ~n an elect~on for that purpose, and to
ehminate the reqmrement for a revenue bond ~ssue m excess of one mflhon dollars to be ap-
proved by a non-binding referendum election9
Yes - 630
No - 389
Propos~tlon No 10 - ~Jttl~llllg2~2~ Shall Article X of the City Charter be amended by
amending Section 10 03(a)(6) to reduce the number of days prior to the begmmng of the budget
year that the Planning Commission must submit a list of recommended general obhgat~on capital
~mprovements to be constructed dunng the forthcoming five-year period to the C~ty Manager
from 90 days to 60 days, amending Section 10 05 to chromate the reqmrement for the Planning
Commission's approval on all purchases and sales of real property and on widemng, vacating, or
changing streets9
Yes - 539
No - 476
Propos~txon No 11 - Dele~lon of Board of Admstment Shall Article X, Sectmn 10 07 of the
C~ty Charter be amended by deleting the Board of Adjustment from the City Charter and requir-
ing that the C~ty Council, by ordinance, estabhsh a Board of Adjustment consisting of at least
seven members hawng the quahficat~ons, powers, duties, and terms established by the C~ty
Council, and prov~dmg that the current Board of Adjustment shall continue to function under
these prows~ons of the Charter until the ordinance creating the Board of AdJustment ~s effective?
Yes - 574
No - 431
Proposition No 12 - Deletion of Parks and Recreation Board Shall Article XI, Section 11 02 of
the C~ty Charter be amended by deleting the Parks and Recreation Board from the City Charter
and requmng that the C~ty Council, by ordinance, estabhsh a board to advise the Council on
Page 3
parks and recreation matters consisting of at least seven members having the qualifications, pow-
ers, duties, and terms established by the City Council, and providing that the current Parks and
Recreation Board shall continue to function under these provisions of the Charter until the ordi-
nance creating the Board is effective9
Yes - 534
No - 472
Proposition No 13 - New Utilities Shall Section 12 01 of Article XII of the City Charter be
amended by anthonzlng the City to own, acqmre, construct, malntmn, and operate any other
public utlhty without the necessity of having that decision approved by a majority of qualified
voters voting therefore at an election held for such purpose9
Yes - 370
No - 643
Proposition No 14 - Expansion of Pubhc Utilities Board Shall Article XII, Section 12 07 of the
City Charter be amended by expanding the Public Utilities Board from five to seven members or
as many members as there are councdmembers, whichever is greater, and requmng all meetings
of the Board to be held in accordance with the Texas Open Meetings Act and all other applicable
laws9
Yes - 673
No - 343
Proposition No 15 - Franchise Fees Shall Section 13 03 of Article XIII of the City Charter be
amended by requmng the grantee of any franchise or license to use streets or other public prop-
erty 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, including access line fees, whmh the City may legally charge for use
of its streets or other public property9
Yes - 584
No - 429
Proposition No 16 - Conflict of Interest Shall Section 14 04 ofArtmle XIV of the City Charter
be amended by ehmmatmg the current conflict of interest reqmrements and substituting the re-
qmrement that any City officer or employee having a substantial interest in a business entity or
real property, as those terms are defined by chapter 171 of the Texas Local Government Code,
shall comply with chapter 171 and, if necessary, shall abstmn from voting on a matter on which
the person has a substantial interest and file an affidavit setting forth the substantial interest in
the matter to be voted upon9
Yes - 584
No - 423
Page 4
Proposition No 17 - Stal;u~tory Reference Shall Section 14 13 of Article XIV of the C~ty Char-
ter be amended to correct statutory references9
Yes - 660
No - 320
The total early votes cast m D~stnct One for each proposition are as follows
Propomt~on No 1 Yes - 57
No- 187
Proposltmn No 2 Yes - 78
No- 159
Proposition No 3 Yes - 82
No- 158
Proposition No 4 Yes - 78
No - 162
Proposition No 5 Yes - 76
No- 150
Proposition No 6 Yes - 74
No- 147
Proposition No 7 Yes - 65
No- 153
Propos~tlon No 8 Yes - 75
No- 154
Propomt~on No 9 Yes - 78
No - 149
Proposition No 10 Yes - 57
No- 170
Proposition No 11 Yes - 62
No- 165
Proposition No 12 Yes - 59
No- 167
Proposition No 13 Yes - 45
No- 183
Page 5
Proposition No 14 Yes - 81
No - 146
Proposition No 15 Yes- 55
No- 165
Proposition No 16 Yes- 55
No - 164
Proposition No 17 Yes- 68
No- 144
The total early votes cast an District Two for each proposition are as follows
Proposition No 1 Yes - 149
No- 153
Propos~tlon No 2 Yes - 202
No - 94
Proposition No 3 Yes - 209
No - 81
Proposition No 4 Yes - 227
No - 66
Proposition No 5 Yes - 192
No - 95
Propos~t~onNo 6 Yes - 215
No - 66
Propos~tlonNo 7 Yes- 201
No - 84
Propos~t~onNo 8 Yes- 195
No - 83
Proposition No 9 Yes - 195
No - 85
Propos~tlon No 10 Yes - 164
No- 111
Page 6
Propos~tlon No 11 Yes - 180
No - 91
Proposlt~on No 12 Yes - 159
No- 113
Propos~tlon No 13 Yes - 109
No- 168
Proposition No 14 Yes - 208
No - 69
Proposlt~on No 15 Yes - 180
No - 97
Proposlt~on No 16 Yes-178
No - 95
ProposltlOn No 17 Yes- 211
No - 58
The total early votes cast ~n D~stnct Three for each proposition are as follows
Propos~taon No 1 Yes - 90
No - 78
Proposition No 2 Yes - 118
No - 47
Proposition No 3 Yes - 128
No - 34
Proposition No 4 Yes - 130
No - 34
Proposition No 5 Yes - 113
No - 51
Proposition No 6 Yes- 134
No - 32
Proposition No 7 Yes - 131
No - 33
Proposlt~on No 8 Yes - 119
No - 39
Page 7
Pr0pos~t~on No 9 Yes - 111
No - 47
Proposition No 10 Yes - 105
No - 55
Proposition No 11 Yes - 106
No - 50
Proposition No 12 Yes - 101
No - 56
Proposat~on No 13 Yes- 77
No - 80
Proposition No 14 Yes - 122
No - 36
Propos~tlon No 15 Yes - 121
No - 38
Propos;t~on No 16 Yes - 111
No - 48
Proposition No 17 Yes - 131
No - 25
The total early votes cast in District Four for each proposition are as follows
Proposition No 1 Yes - 175
No - 200
Proposition No 2 Yes - 239
No- 135
Proposition No 3 Yes - 245
No - 118
Proposition No 4 Yes - 264
No- 111
Proposition No 5 Yes - 246
No- 119
Page 8
Proposition No 6 Yes - 260
No- 105
Proposlt~on No 7 Yes - 260
No- 103
Proposlt~on No 8 Yes - 257
No - 102
Proposition No 9 Yes - 246
No- 108
Propomtmn No 10 Yes- 213
No- 140
Proposition No 11 Yes - 226
No- 125
Proposition No 12 Yes - 215
No- 136
Propomt~onNo 13 Yes- 139
No - 212
Proposition No 14 Yes- 262
No - 92
Proposition No 15 Yes - 228
No - 129
Proposition No 16 Yes - 240
No- 116
Proposlt~on No 17 Yes- 250
No - 93
TOTAL REGULAR VOTES CAST
Proposition No 1 Yes - 1,055
No - 995
Proposlt~on No 2 Yes - 1,451
No - 594
Proposition No 3 Yes - 1,493
No - 529
Page 9
Pr0posltlon No 4 Yes - 1,491
No - 548
Proposition No 5 Yes - 1,346
No - 653
Proposition No 6 Yes - 1,483
No - 510
Proposition No 7 Yes - 1,413
No - 553
Propomt~onNo 8 Yes 1,378
No - 562
Proposition No 9 Yes - 1,366
No - 570
Proposition No 10 Yes- 1,181
No - 746
Proposition No 11 Yes - 1,256
No - 626
Proposlt~on No 12 Yes - 1,144
No - 767
Proposition No 13 Yes - 901
No - 1,025
Proposition No 14 Yes- 1,441
No - 474
Propomtlon No 15 Yes - 1,245
No - 662
Propom~on No 16 Yes - 1,301
No - 628
Proposition No 17 Yes - 1,422
No - 441
Page 10
The total regular votes cast in District One for each proposition are as follows
Proposition No 1 Yes - 135
No- 138
Proposition No 2 Yes - 186
No - 88
Proposition No 3 Yes - 185
No - 86
Proposition No 4 Yes - 187
No - 87
Proposition No 5 Yes - 168
No - 97
Proposition No 6 Yes - 177
No - 85
Proposition No 7 Yes - 163
No - 96
Proposition No 8 Yes - 179
No - 83
Proposition No 9 Yes - 169
No - 88
Proposition No 10 Yes - 152
No- 107
Proposition No 11 Yes - 162
No - 90
Proposition No 12 Yes - 134
No- 118
Proposition No 13 Yes - 123
No - 132
Proposition No 14 Yes - 177
No - 76
Proposition No 15 Yes - 138
No- 112
Page 11
Proposlt~on No 16 Yes - 159
No - 91
Propos~tlon No 17 Yes - 175
No - 71
The total regular votes cast in District Two for each proposition are as follows
Propostt~on No 1 Yes - 440
No - 351
Proposition No 2 Yes - 584
No - 202
Propos~tlon No 3 Yes - 598
No- 175
Propomt~on No 4 Yes - 592
No - 193
Proposition No 5 Yes - 542
No - 228
Proposlt~on No 6 Yes - 603
No - 165
Proposition No 7 Yes - 562
No - 194
Propos~t~onNo 8 Yes- 554
No- 183
Propos~t~onNo 9 Yes- 553
No- 184
Proposition No 10 Yes - 483
No - 250
Proposition No 11 Yes- 513
No - 209
Proposition No 12 Yes- 476
No - 259
Page 12
Propomtlon No 13 Yes - 356
No - 384
Proposition No 14 Yes - 571
No - 162
Proposition No 15 Yes- 502
No - 229
Proposition No 16 Yes - 522
No - 224
Proposition No 17 Yes - 563
No-
The total regular votes cast in District Three for each proposition are as follows
Proposition No 1 Yes - 175
No- 177
Proposition No 2 Yes - 247
No - 107
Proposition No 3 Yes - 280
No - 71
Propos~tlon No 4 Yes - 272
No - 78
Proposition No 5 Yes - 234
No- 110
Proposition No 6 Yes - 255
No - 90
Propomtlon No 7 Yes - 260
No - 81
Proposition No 8 Yes - 249
No - 86
Proposition No 9 Yes - 240
No - 92
Proposition No 10 Yes - 202
No- 125
Page 13
Proposition No 11 Yes - 209
No- 111
Proposition No 12 Yes - 195
No - 129
Proposition No 13 Yes - 171
No- 157
Proposlt~on No 14 Yes - 252
No - 76
Proposition No 15 Yes - 232
No - 99
Propomtlon No 16 Yes - 225
No - 107
Proposition No 17 Yes- 251
No - 75
The total regular votes cast in D~stnct Four for each proposition are as follows
Proposition No 1 Yes - 305
No - 329
Proposition No 2 Yes - 434
No - 197
Proposition No 3 Yes - 430
No - 197
Proposition No 4 Yes - 440
No - 190
Propomt~on No 5 Yes - 402
No - 218
Proposition No 6 Yes - 448
No- 170
Propomt~on No 7 Yes - 428
No - 182
Page 14
Proposition No 8 Yes - 396
No - 210
Proposlt~on No 9 Yes - 404
No - 206
Propos~tmn No 10 Yes- 344
No - 264
Proposition No 11 Yes - 372
No - 216
Proposition No 12 Yes - 339
No - 261
Propomt~on No 13 Yes- 251
No - 352
Proposition No 14 Yes - 441
No- 160
Propomt~on No 15 Yes - 373
No - 222
Proposition No 16 Yes- 395
No - 206
Proposition No 17 Yes - 433
No- 148
TOTA~
Proposition bio 1 Yes - 1,526
No- 1,613
Proposition No 2 Yes - 2,088
No- 1,029
Propos~tmn No 3 Yes- 2,157
No - 920
Proposltmn No 4 Yes- 2,190
No - 921
Proposition No 5 Yes - 1,973
No- 1,068
Page 15
Proposition No 6 Yes - 2,166
No - 860
Proposition No 7 Yes - 2,070
No - 926
Proposlt~on No 8 Yes - 2,018
No - 940
Proposlt~on No 9 Yes - 1,996
No - 959
Proposlt~on No 10 Yes - 1,720
No- 1,222
Proposition No 11 Yes - 1,830
No- 1,057
Propomtlon No 12 Yes - 1,678
No- 1,239
Proposition No 13 Yes - 1,271
No - 1,668
Proposition No 14 Yes - 2,114
No - 817
Propomtton No 1 $ Yes - 1,829
No - 1,091
Proposition No 16 Yes - 1,885
No - 1,051
Proposition No 17 Yes - 2,082
No - 761
~ That the C~ty Council finds and declares that Proposition Nos 2, 3, 4, 5,
6, 7, 8, 9, 10, 11, 12, 14, 15, 16, and 17 were passed and the C~ty Charter is hereby amended m
accordance with these Propositions, and that Propos~tlon Nos 1 and 13 were defeated
~_.QT. LQ..N.~ That, ~n accordance with Tex Loc Gov't Code §9 005, this ordinance
shall constatute an order that Propos~tlon Nos 2, 3, 4, 5, 6, 7, 8, 9, 10, 1 l, 12, 14, 15, 16, and 17,
and all the amendments thereto referenced being Amendment Nos 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, and 26 set forth in Section I ora conformed ver-
sion of Ordinance No 99-057, as amended, showing all amendments, which ~s attached hereto
Page 16
and made a part of this ordinance for all purposes, are adopted and have been approved by a
majority of the qualified voters of the City of Denton who voted at the election to consider the
propositions to amend the City Charter, and that Amendment Nos 1 and 21 in Section I of smd
ordinance were not adopted by the majority of the qualified voters The City Secretary is hereby
directed to enter a full and correct copy of this ordinance and the attached Ordinance 99-057, as
amended Into the official minutes of this meeting and it shall become an official record of the
City of Denton
~ That the City Secretary is hereby directed to send to the Secretary of State
a certified copy of the attached Ordmance No 99-057, as amended and signed by the Mayor,
along w~th a certified copy of this ordinance canvassing this election and certified copies of the
amended Charter one showing the amendments by showing the additional language as italics and
with deleted language as strike outs and one with deleted language removed and new language in
normal typeface The City Secretary is hereby directed to record In the City Secretary's office
the Charter amendments adopted by the voters of the City, and to provide a conformed version of
the Charter with the amendments to be avtulable to all members of the public In accordance with
Tex Loc Gov't Code §9 008
~ That the City Council has found and determined that the meeting at which
this ordinance is considered IS open to the pubhe and that notice thereof was given m accordance
with 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
~ That this ordmance shall become effective immediately upon its passage
and approval
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
Page 17
ORDINANCE NO 99-057
AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999 1N CON-
JUNCTION WITH THE REGULAR CITY COUNCIL ELECTION FOR THE PURPOSE OF
SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO
THE DENTON CITY CHARTER REGARDING SALE AND ALIENATION OF PORTIONS
OF PUBLIC UTILITIES, CREATING NEW UTILITIES, PROVIDING A MAJORITY VOTE
FOR ANNEXATION, QUALIFICATIONS OF CANDIDATES FOR ELECTIONS, PROCE-
DURES FOR HOLDING ELECTIONS, AUTHORIZING PUBLIC UTILITY FRANCHISE
CHARGES, SETTING PROCEDURE FOR ADOPTING A BUDGET, DELETING CERTAIN
PORTIONS OF ARTICLE VIII "REVENUE AND TAXATION", CORRECTING REFER-
ENCES TO APPLICABLE LAWS, REMOVAL OF THE BOARD OF ADJUSTMENT, PUB-
LIC UTILITIES BOARD, AND PARKS AND RECREATION BOARD FROM THE CITY
CHARTER AND EXPANDING THESE BOARDS TO SEVEN MEMBERS, PROVIDING
NOTICE OF CLAIM PROCEDURES IN COMPLIANCE WITH STATE LAW, ELIMINAT-
ING PLANNING COMMISSION RECOMMENDATIONS ON SALES AND PURCHASES
OF PROPERTY AND ON UTILITY CAPITAL IMPROVEMENTS, PROVIDING THAT THE
CHARTER SHALL BE GENDER NEUTRAL, DESIGNATING THE PLACE OF HOLDING
SUCH AN ELECTION, NAMING THE OFFICERS THEREOF, PRESCRIBING THE FORM
OF BALLOT, PROVIDING FOR NOTICE, PROVIDING FOR PUBLICATION OF NOTICE
OF THIS ELECTION, PROVIDING A SEVERABILITY CLAUSE, PROVIDING AN OPEN
MEETINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Denton C~ty Charter was last amended m 1979, and
WHEREAS, many changes ~n tho law, especially the Texas Local Government Code and
other laws that affect mumc~pal corporations hke the Ctty of Denton, Texas, have made ~t neces-
sary to amend the Charter to make ~t conform w~th changes m law dunng the last twenty years,
and
WHEREAS, the C~ty Council desires to make changes m the Charter to chromate from
the charter and expand the membersbap of several boards, fac~htate ~ta ainlxty to sell, alienate, or
expand ~ts public ut~ht~es, to make the Chart~ gender neutral, and to make other adm~mstrat~ve
changes, and
WHEREAS, the C~ty Council deems ~t m the pubhe interest that the C~ty Charter be so
amended, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
i~ That, m accordance w~th the prowslons of Tex Lee Gov't Code §9 04,
thexe shall be subrmtted to the voters of the City of Denton, Texas, at the regular C~ty eleet~on to
be held on May 1, 1999, the following amendments to the Home-Rule Charter of the C~ty of
Denton, Texas, winch are shown by show~ng those portions winch w~ll be retained m normal
type, the deleted text ~n the ex~st~ng Charter being shown as strikeouts, and new or additional text
shown by italics
AMENDMENT NO. 1
That Axtlcle I of the Charter shall be amended by amending Section 1 03 "Extension of
city limits" so that the same shall hereafter read as follows
Sec. 1.03. Extension of city limits.
The City Council, by a vote of not less than four .fi~k:
~, ~/ a majority of ItS member-
stup, shall have the power by ordinance to provtde for the alteration and extension of smd boun-
dary limits, and the annexation of temtory lying adjacent to the City, with 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 ordtnance by a vote of not less
than "' ~'~'~
fa ........~, .~ a majority of the memberslup of the C~ty Council and publication one time
m 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 tturty (30) days after the pubhca-
tlon 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 temtory 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 inhabi-
tants thereof shall be entitled to and shall possess all the nghts and privileges 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 amenchng Section 1 05 "Powers of the
city" so that the same shall hereafter read as follows
See. 1.0S. Powers of the city.
The City of Denton shall have and may exermse all the powers granted to cities by the
Constitution or laws of Texas including 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
(C,,-r
the Constttut~on of Texas (Arttcle XI, Section 5 and the Home Rule Enabling Act
TI~Ir. ,~o ~,~,u- r, ...... .3 t-....~ o,~,-.,.~ ~,u~ e ..... ~,v .....~t~ Vernon's Texas Codes Anno-
tated, Texas Local Government Code Sectton 5 004, Chapter 9, Chapter 26, and Subchapter E of
Chapter 51), as these laws now read or may hereafter be amended The City may acqmre prop-
erty within or without its corporate hm~ts for any municipal purpose, may cooperate with 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 subchvismn to accomphsh any lawful
purpose for the advancement of the health, morals, safety, convemence, or welfare of the city or
its inhabitants, may sell, lease, mortgage, hold, manage, and control such property as its interest
Page 2
may require, pmwded the Ctty shall not sell, convey, lease, mortgage, or otherwise alienate the
enttre assets of any public utility system or any portton thereof essenttal to continued effecttve
utthty servtce without the prior approval by a majortty of the quahfied voters of the City who
vote at an electron held for thts purpose, and may exem~se the power of eminent dommn when
necessary or desirable to carry out any of the powers conferred upon ~t by th~s Charter or the
Constitution or laws of Texas The enumeration of particular powers ~n th~s Charter shall not be
held or deemed to be exclusive, but m addition to the powers enumerated hereto, implied thereby
or appropriate to the exercase thereof, the C~ty shall have and may exercise all other powers
which under the Constitution and general laws of thru state it would be competent for tins Charter
to specffically enumerate
AMENDMENT NO. 3
That Artzcle I of the Charter shall be amended by amendtng subsectmn (d) of Section
I 06 "Liabilities, exemptions, and hmitat~ons", so that the same shall hereafter read as follows
See. 1.06. Liabilities, exemptions, and limitations.
(d) The City of Denton shall never be liable for death or personal ~njury of a person or
for properly damages of any land unless w~thln t~:.-..~' (2~) ntnety (90) days after the occurrence
th;r:~',f caustng the damage, death, injury, or destructton a not,ce m writing by or on behalf of
the person injured or clmmmg damages, tf hvtng, or the person's representattve, tf dead, or the
owners of the property tnjured or destroyed as delivered to the city manager stating specifically
and accurately m complete detail when, where, and how the exact death, injury, destructton, or
damages occurred, the full extent tl'.crccf of the tnyury, the basis of the claim, and the amount of
damages claimed or asserted Thts nottce shall also tnclude the restdence of the clatmant by
street number on the date the clatm ts presented, the restdence of the clatmant for six (6) months
tmmedtately preceding the occurrence of the death, tnjury, or destructton, and the names and
addresses of all witnesses that are known at the time upon who tt ts rehed to estabhsh the clatm
for damages, provtded, however, nothtng tn thts subsecnon shall be construed to affect or repeal
the provtston tn subsectton (e) of thts sectton relattng to the habthty of the Ctty for damages on
account of tnjurtes recetved on the pubhc streets, highways, alleys, grounds, pubhc works, and
pubhc places of the Ctty
AMENDMENT NO. 4
That Article I of the Charter shall be amended by adding a new Section 1 07 "Gender
neutral" so that the same shall hereafter read as follows
Sec. 1.07. Gender neutral
Whenever used tn thts Charter, a word tmporttng the mascuhne gender only shall extend
and be applied to tnclude females, and, where apphcable, to firms, partnershtps, and corpora-
ttons, as well as males
Page 3
AMENDMENT NO. 5
That Article II of the Charter shall be amended by amending Section 2 02 Quahficat~ons"
so that the same shall hereafter read as follows
Sec. 2.02. Qualifications.
(a) Each member of the Council, m addition to hawng the other quahficat~ons prescribed
by law
..... ~.~.~ ....... c to the C~ty,
(1) Shall be ,. -t ............... regtstered vote tn
(2) Shall have restded for at least one year next precechng h~s or her electwn wxthm the
corporate l~mxts of Denton and, ~f runnmg wtthm a single member geographw dtstrwt
as set forth tn Section 2 01, tn the dtstrtct tn which elected,
(.4.) (3) Shall not hold any other pubhc office of emolument,
(4) Shall have and matntam the ehg~bdtty requtrements for mumctpal officers set forth tn
Sectton 141 001 of the Texas Election Code, Yernon's Texas C~wl Statutes Annotated
hereinafter referred to as "Electzon Code" as ~t may now read or hereafter be
amended
(5) g~'.~" -~'" ..........~._ ,,._ __A, .....,~ A~ ........ ~- .~ ~. .... -, .......... ~.f ~,-
(b) If a member of the Council sha!l~ after being elected, cease to possess any of these
qu~ficatmns or eh~blhty req~trements, or shall hold another office of emolument, or enter a
~lea ofgutlO~ to a felony, or be conwcted of a felony he or she shall ,mzned~ately forfea l~s or
her office
AMENDMENT NO. ~J
That Arttcle II of the Charter shall be amended by amending Sectton 2 04 "Vacanctes m
council" so that the same shall hereafter 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 special election, and, where necessary, by a runoff election, m the same manner as provided
in this Charter for the regular election of the councllperson Such special election shall be held
e.~...a ........ u ......... .,~:^., a .... the first authorized umform electron date following the
creation of the vacancy occurring on or after the th~rtteth day after the date the electwn ts or-
dered ~';~ The runoff election, where necessary, shall be held.~..~-
~ tn accordance wah the requtrements of the Electron Code and all other apph-
cable laws, provided, however, that where a vacancy shall occur within one hundred and twenty
(120) days of a regular election, no special election to fill the vacancy shall be called, unless
more than one vacancy occurs
AMENDMENT NO. 7
That Article III of the Charter shall be amended by amending subsection (a) of Section
3 01 "Mumclpal 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 prowded in
Article I~ shall be held each year on the first Saturday in Lp~.! May or on an), other un(orm
electwn day for mumc~pal electwn~ estabhshed by the Electron Code The Council may by
resolutmn or ordinance order special elections which shall be held as nearly as practicable ac-
cording to the provisions for a regular elect~on The hours and places for holding all City elec-
tions shall be determined by the City Council All electton~ shall be conducted m accordance
wtth the Electron Code and all other apphcable laws as they now read or may hereafter be
amended.
AMENDMENT NO. 8
That Article III of the Charter shall be amended by amending subsections (a) and (b) of
Section 3 02 "Nominations" so that the same shall hereafter 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 ........... councilmember by filing w~th the City Secretary not more than mnety (90) days
nor less than thn'ty (30) days prmr to the date of election an application in substantially the fol-
lowang form
I, , do hereby declare that I am a can&date 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 nepottsm law, chapter 575 of the Gov-
Page 5
ernment Code I am quahfied to serve on the Council with respect to the quahfieatmns
set forth m the Charter I reside at , Denton, Texas
S~gned
The foregoing petmon was filed w~th the C~ty Secretary on the day of
City Secretary
(b) As an alternative method, any qualified person may be nominated for
counctlmember by a written petition s~gned by thu"..~' (2~) the greater of twenty five (25) qualified
voters of the City or one-half of one percent of the total vote received by all candtdates for
mayor tn the most recent mayoral general electton, pmwded the candidate signs the petmon eer-
ufymg bas or her acceptance One such petmon shall be e~rculated and s~gned for each nominee
or candidate With each s~gnature shall be stated the place of residence of the signer, glvlng the
street and number or other descnptmn sufficient to ~dentffy ~t Nominating petitions shall be
filed w~th the City Secretary not more than mnety (90) days nor less than thirty (30) days before
the electron day, and shall be m substantially the following form
We, the undersigned electors of the C~ty of Denton, hereby nominate
whose residence address is as a candidate for ......
Counctlmember of the City of Denton, to be voted for at the electxon to be held on the
day of , , and we individually certify that we are
qualified to vote for a candidate for the Council
Name Address Date of S~gnmg
(Spaces for ffa.'~.~'~v,~^x the greater of twenty five (25) or one-half of one percent of the
total votes recetved for candtdates for Mayor s~gnatures and reqmred data)
Acceptance of Nomination
I am qual~fiefl to serve on the Council of the City of Denton with respect to the quahfica-
t~ons set forth in tbas Charter I hereby accept the nommauon for C~::::::L'r.r..'; Council-
member and agree to serve ~f elected
S~gnature of Candtdate
Page 6
Statement of C~mulator
The undersigned Is the mrculator of the foregotng petxtmn contmmng t,u,:Xy _
s~gnatures Each stgnature was appended thereto tn my presence and ts the genmne s~g-
nature of the person whose name tt purports to be
S~gnature of C~rculator
Address of C~rculator
The foregoing pet~tmn was filed w~th the C~ty Secretary on the __ day of
C~ty Secretary
AMENDMENT NO. 9
That Artxcle III of the Charter shall be amended by amending subsectmns (a) and (b) of
Section 3 04 "Canvass Electron returns, results" so that the same shall hereafter read as follows
Sec. 3.04. Canvass: Election returns, results.
(a) Immedmtely after counting the votes, the preszdmg judge shall dehver the officml
returns of the elect~on to the C~ty Secretary Or, '~'~.. ..... ..v...' a-..~.~......vw~_j .v..vcA" ........ ...... _.v~'" v ......... Not
esther than the thtrd day or later than the stxth day after the electron or as otherwise reqmred
by the Electron Code and all other apphcable laws, the Ctty Cotmctl shall canvass the returns
and declare the results The returns of every mumc~pal elect~on shall be recorded ~n the mtnutes
of the Council
(b) The candidates receiwng the majority of the votes cast for each place shall be de-
clared elected If no candidate reco~vas a majonty, or xf there ts a t~e for any one place, the
Councd shall order a~..-~ runoff electron t~ whtch shall be held ne ~.~... ..... ,..-.~'~- '~'~.~ ........ .,, ~-,v
~.~ ...... ~ ................................ t~.-- not earher than the twentieth or later than the
thtrtteth day after the date the final canvass of the regular electron ts completed or as otherwise
requtred by the Electron Code and all other apphcable laws Only the names of the canthdates
who t~e for the h~ghest number of votes cast for that place, or the two (2) candidates who reeetve
the h~ghest number of votes with neither hawng a majority of votes cast for that place, shall be
printed on the ballot for each electron In the event ora t~e vote at the ::::.n~ runoffelectmn, the
canthdates who tte shall cast lots m the presence of the C~ty Secretary to detenmne which one
shall be declared elected, and sa~d lots shall be cast wttlun five (5) days of the ~:,:n~ runoff
election in accordance wtth Sectton 2 028 of the Electron Code and all other apphcable laws
Page 7
AMENDMENT NO, 10
That Article VI of the Charter shall be amended by amending Section 6 03 "Municipal
court" so that the same shall hereafter read as follows
Sec. 6 03. Mumcipai Court.
(a) There is hereby estabhshed a court which shall be known as the "Municipal Court
No 1 of the City of Denton" T?.c Municipal Court No 1 shall have the jur~sdictwn and be con-
ducted as a mumctpal court of record m accordance wtth Yernons Texas Codes ~4nnotated Texas
Government Code subchapter FF, chapter 30~ ~30 1211 through 30 01233 tnclus~ve and apph-
cable state law as these laws may now read or hereafter be amended '- ~' ............
sa4.s~n~bb~f~ All costs and fines maposed by the Mumclpal Corm shall be poad into the
Ctty treasury for the use and benefit of the City The City Councd may, by ordinance, create ad-
&t~onal mumctpal courts or mumc~pal courts of record t. f so authortzed under the prows~ons of
apphcable law
(b) The C:.'y Mumctpal Judge shall preside over the Mumclpal Court The C:.~· Mumct-
pal Judge shall be a qualified attorney-at-law licensed to practice m the State of Texas ¢;
......... ~-~ n ................ ,a ..................... ~ .......... ~ ........ tn o stan n
shall have such other qualtficattons as requtred 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
C::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 assigned to a muntc~pal judge by the Charter,
other Ctty 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 sessions as, in the &scretion of the C:.~' Mumctpal Judge, may be necessary for the timely
transaction of the business of the court
(d) The Councd may appoint such assistant C::y mumctpal judges or additional C:.'3' mu-
mc~pal judges as may be necessary to perform the duties of the Mumcipal Court or a temporary
~'"' mumctpaljudge to act for the C:~d Mumctpal Judge in the case oflus or her temporary ab-
sence or thsabd~ty, and such assistant, additional, or temporary.~..:~"-' mumctpal judge shall re-
celve such compensatton as may be set by the Council All such asststant, addtttonal, or tempo-
rary munwtpal judges, when appotnted, shall have all of the other powers and duties asstgned to
the Mumcipal Judge herein
AMENDMENT NO. 11
That Article VII of the Charter shall be amended by amendtng Section 7 01 "Property
subject to tax" and daletlng Section 7 02 "Payment, delinquency, penalties", Section 7 03
Page 8
zure and sale of property for delinquent taxes", and Section 7 04 "Tax hen", and renumbenng the
remmmng sections of Article VII accordingly, so that the same shall hereat~er read as follows
See. 7.01 Property subject to tax.
The City Council ~s authorized to levy and collect taxes, to setze and sell property for de-
hnquent taxes, to create tax hens, and to exerctse all other powers and authority 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 ~clc VIII of ~e Cheer shall be ~endcd by ~end~ng Section 8 04 "Pubhc
hemng on budget" so that the s~e shall hereafter read ~ follows
Sec 8.04. Public hearing on budget.
~ shall hold a pubhc being on the proposed budget~
....... ~" ~: ~ ' ~c~n ~ be ~'~ ~ .... :~ y Any t~pay
of the mumctpah~ may attend and may parttctpate m the hearmg, whtch ~hall be ~et for a date
th
after the J5 day after the &te the proposed budget **filed wtth the ct~ ~ecreta~ but before the
date the O~ Councd makes tts t~ l~ ~e Councd shall prowde for pubhc notwe of th* date,
trine, and locatton of the hearing In addttton to thts notwe, the O~ Councd shall pubh~h notwe
before th, pubhc hearing related to the budget tn at least one n~paper of general ctrculatton
tn Denton Coun~ ~ notwe ,hall be pubhshed not earher than the th~rtteth or later than the
tenth day before the date of the pubhc heartng ~e Ct~ Councd shall prov,de *uch other nottce
as may be requtred by state and all other apphcable law ~e O~ Councd may make ~uch
changes tn the budget that tt con~tder~ wa~ant,d by the law or by the be~t mterest~ of the mu-
ntctpal t~payers A~:: :u: ub!:c ....... ~, ................ ~ ................... ~ ........... ~
~ md may ~ncr~e or decre~e the ~t~s of the budget prowded ~e tot~ pro-
posed expense,s sh~l n~ exceed ~ total ~t~c~pated revenue
~END~NT NO, 13
~m ~ela ~II of ~e Ch~ sh~l be mended by m~dmg Sectton 8 05 "Adoptmn
of budget" so ~at ~e sine shall her,~er read ~ follows
See. 8.05. Adoption of budget.
~ budget shall be finally Mopted by the favorable votes of at le~t a majority of all
m~b~s of~e Co.ell ~* ~' ~-- t~m n .... ~ .... ~ ~_~ ~c.~- ~ y:~- after the conclu-
ston of the pubhc heartng Should ~, Co~ell t~e no final ac~on at the concl~ton of the pubhc
Page 10
heartng and ~^~' "-- "~^" ~ ....
......... ~. v~ ..,.j ~ before the end of the fiscal year, the budget as submitted by the
City Manager shall be deemed to have been finally adopted by the Council
AMENDMENT NO, 14
That Article 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 ttme during the.fiscalyear, the C~ty Manager may a: r.::y ~.::'..: transfer anypart of
the unencumbered appropnatlon balance or ~c.~:c.~ the entire balance thereof between programs
or general classifications of expenditures within an office, department, e~ agency, or organtza-
ttonal untt At any ttme durtng the flscal year, at the request of the Clty Manager a:'.~ '.'::;.k:.-. '..ke
lozt '~ ..... ~ --~-'~'~ .................. ~ '~ ~-"~~~'~ yc.a.-, the Council may by resolution transfer any part of the
unencumbered appropriation balance or po.'~.:o.': the enttre balance thereof from one office, de-
parlment, ~ agency, or orgamzatwnal umt to another
AMENDMENT NO 15
That Article IX of the Charter shall be amended by amending subsection (a) and deleting
subsect~un (d) of Section 9 01 "Power to issue bonds" so that the same shall hereafter read as
follows
Sec. 9.01. Power to issue bonds.
(a) The City of Denton shall have the right and power to issue general obhgatmn bonds
to financo any capital proJect wtuch it may lawfully construct or acquire or for any other
mate public purpose The general obhgatwn bonded debt of the City shall only be increased by
the consent of the major#y of the quahfied voters of the City voting at an electron heM for that
purpose A bond electron shall be ordered and notice given by ordinance, conststent wtth the
requtrements for holding electrons set forth m Article III of thts Charter and m accordance with
the appheable laws of the State of Texas as they now read or may hereafer be amended
(b) The City shall have the power to tssue revenue bonds against the anticipated reve-
nues of any mumcipally-owned utility or other self-liquidating mumclpal function to pay the
debt incurred on account of such utility or function In no event shall revenue bonds be consid-
ered an indebtedness of the City nor be repoad from bonds secured by taxation
(c) No bonds or warrants shall be issued to fund any overdraft or indebtedness incurred
for current expenses of the City government
Page 11
AMENDMENT NO. 16
That Article IX of the Charter shall be amended by amending subsection (a) of Section
9 02 "Bond ordinance and election" so that the same shall hereafter read as follows
Sec. 9.02. Bond ordinance and election.
(a) After approval by a majority of the qualified property taxpaylng voters voting at a~
general obhgatton bond election called for the purpose of authorizing the issuance of ber.~: gen-
eral obhgatton bonded debt, the City shall authorize the issuance of such bonds by a bond ordi-
nance passed by an affirmative vote of a majority of all members of the Council The Cay
Counctl may approve the tssuance of revenue bonds wtthout an electron by authorizing the tssu-
ance of such bonds by bond ordtnance passed by an affirmative vote of the majortty of all mem-
bers of the Councd
AMENDMENT NO. 17
That Article X of the Charter shall be amended by amendmg subsection (a)(6) Section
10 03 "Planning and zomng commission Powers and duties" so that the same shall hereafter
read as follows
See. 10.03. Planning and zoning commission: Powers and duties.
(a) The Planning and Zoning Commission shall
(6) Submit annually to the City Manager, not less than :'c.n:~' (gn~) stxty (60) days
prior to the begmmng of the budget year, a list of recommended general obhga-
tton capital improvements wtuch in the opinion of the Commission ought to be
constructed dunng the forthcoming five (5) year period (Such list shall be ar-
ranged in order of preference, with recommendations as to wluch projects should
be constructed m which year, and the City Manager shall forthwith furmsh a copy
of such recommendations to each member of the Council )
AMENDMENT NO. 18
That Article X of the Charter shall be amended by amending Section 10 05 "Legal effect
of master plan" so that the same shall hereafter read as follows
Sec. 10.05. Legal effect of master plan.
No street, park, or other public way, ground or space, no pubhe bmkhng or structure and
no public utlhty whether publicly or privately owned, shall be constructed or authorized in the
City, nar :hall a.':)' r:al ~:;~e.' ¥' ~: a:q~::r:~ ~3' '..ha C:~', until and unless the locauon and extent
Page 12
thereof shall have been submitted to and approved by the Planmng and Zomng Commission,
prowded that, in case of &sapproval, the Commlssmn shall within thirty (30) days commumcate
its reasons to the Council, whmh shall have the power to overrule such disapproval, and, upon
such overmhng, the Council or the appropriate office, department, or agency shall have the
power to proceed T
AMENDMENT NO. 19
That Article X of the Charter shall be amended by amen&ng Section 10 07 "Board of
Adjustment" so that the same shall hereafter read as follows
Sec. 10.07. Board of Adjustment.
lr.~ tC --.j .... r ...... ,
order " cfS::a! '-
dlllnllCO
The Ctty Councd ~hall by ordinance estabhsh a Board of AdJustment whwh shall consist
of at least seven (7) member~ who shall have the quahficaaons, powers, and duae~ and serve for
the term~ provtded by the C~ty Councd tn an ordlnance creatmg the Board All current members
of the Board of AdJustment and the Board shall contmue to serve under the current provtstons of
the City Charter untd such ordinance creaang the Board ts enacted and effecave
Page 13
AMENDMENT NO. 20
That Article XI of the Charter shall be amended by amending Section 11 02 "Park and
Recreation Board" so that the same shall hereafter read as follows
Sec. 11.02. Park and Recreation Board.
.~::: -~d '2f'~:: ~e Ct~ Counctl shall by ordtnance estabhsh a board whtch shall advtse the
Councd on par~ and recreatton and which shah constst of at le~t s~en (7) restdent~ of the
Ct~ who ~hall have the qual~catton~, dutte~, and power~ and se~e for the terms provided by
the Ct~ Counctl tn the or&nance creating the board All curr*nt members of the Par~ and R~c-
reatton Board and the Board *hall continue to ,e~* under the cum,nt provt*~on, of the
Charter untd the ordinance creattng the Board ~ enacted and effecttv~
~~ NO. 21
~at ~cl, ~ of ~o Chm~ s~l bo mend~ by ~en~g subs~on ~) of Secnon
12 01 "Gon~ pow~ re~ec~ng u~h~,~" so ~at ~e sine sh~l here~ ~ ~ follows
Page 14
Sec. 12.01. General powers respecting utilities.
(b) In adchUon to such pubhc utilities as it may now own, the City of Denton may own, ac-
utility ..... ;'"'~-)' ~ -~'t~ ......
quire, construct, maintain, and operate any other pubhc .~, u .........
power for the purpose of operating and maintaimng any such utility, and for cfistnbutmg such serv-
ice throughout the City or any portion thereof, but m :ach any condenmatlon proceedings brought
to acquire such public utdtty no allowance shall be made for the value of any fi-aneluse and only the
actual physical assets shall be purchased by the City
AMENDMENT NO, 22
That Article XII of the Charter shall be amended by amending Section 12 04 "Disposal of
utility propemes" so that the same shall hereafter read as follows
See. 12.04. Disposal of utility properties.
No sale, conveyance, lease, or ~:;p~.aa! other ahenation of the ennre assets of any utility
system or any part thereof essenUal to continued effective utlhty sermee, shall ever be made un-
less such sale, lease, or d~sposal is approved by a majority vote of all the quahfied :le:~.:.~ voters
voting tn 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
utllmes 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
,~, seven (7)
members, or as many members as there are councdmembers, whichever ts greater, appointed by
the Council for four-year terms and until their respeeUve successors have been appointed and
qualified .... .~_.~ .t~. ,~. ..... ~.~ ~ .~.~ ~._, ~_~_.~ ........ .~ .._a_ ,~ ............
bets of the board may be removed by the Council only for cause and only after charges have
been filed and pubhshed and the member has been gxven a reasonable opportumty to defend
Inmself in an open public heanng before the Council Vacancies shall be filled for any unex-
pired term m the same manner as prowded for regular appointments
(b) The city manager and d~reetor of utilities shall be ex officw members of the board
They shall attend all meetings of the board and shall have the right to d~scuss any matter that is
under eons~deratwn by the board but shall have no vote
Page 15
(c) Members of the public utillties board shall have the same qualifications as are re-
qmred by membership on the City Council
(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,
wce-chalrman, and secretary Any three (3) of the regularly appointed members shall constitute
a quorum, The board shall determine ~ts own rules and order of business The board shall meet
at least once each month, all meetings shall be ...... *~-- F:;5!:: conducted tn accordance with
the Texas Open Meettngs Act, chapter $$1 of the Texas Government Code, as it may now read or
hereafter be amended and all other apphcable laws and a permanent record of proceedtngs
mmntmned
AMENDMENT NO. 24
That Article XIII of the Charter shall be amended by amending Section 13 03 "Francluse
tax" so that the same shall hereafter read as follows
Sec. 13 03. Franchise ~fee.
The holder or grantee of any ffanctuse or hcense to use public streets, alleys, h~ghways,
or other pubhc property may be required, as compensation for the nght or pnvdege enjoyed, to
pay to the C~ty of Denton each year such reasonable sum (not less than two percent (2%) of the
gross receipts of the business pursued by the holder of the franc[nse earned for service rendered
in the City of Denton), or to pay compensation, rent, or any other fee or charge authomzed by
law, including, without hmttatton, specific charges per ser~ce hne, access hne fees, and all
other legally permissible charges for the use of tis streets, alleys, highways, and other pubhc
property, as the Council may determine by ordinance or by contract with any such utility, which
compensation shall be in addmon to all ad valorem and corporation taxes prod by the utility
AMENDMENT NO. 2~
That Amcle XIV of the Charter shall be amended by amending Section 14 04 "Personal
interest" so that the same shall hereafter read as follows
Sec. 14 04. Personal interest.
ployee of the City having a substanttal interest m a business enttty or real property, as those
terms are defined m chapter 171 of the Texas Local Government Code as tt now reads or may
hereafter be amended, shall comply w~th chapter 171 and, ~f necessary, shall abstain from voting
Page 16
on a matter tnvolvtng the business entity or real property and file an affidavtt setttng forth the
substanttal tnterest tn the matter to be voted upon
AMENDMENT NO 26
That Article XIV of the Charter shall be amended by amending Section 14 13 "Amending
the Charter" so that the same may hereafter read as follows
See 14.13. Amending the Charter.
Amendments to tbas Charter may be framed and subrmtted to the voters of the City m the
provided by
manner
1925 Vernon's Texas Codes .dnnotated, Texas £ocal Government Code Chapter 9 and all other
apphcable laws, as they now read or may hereafter be amended
~ That the form of the ballot shall be substantially as follows
PROPOSITION NO 1 - ~ Shall Section 1 03 of Article I of the City Charter be
amended to substitute the requirement of a majority vote of the Clty Council for the current four-
fifths vote of the Council necessary to annex land or othervwse alter the City of Denton's
boundaries?
YES, NO
PROPOSITION NO 2 - D~posal of Utflmes Shall Section 1 05 ofAmcle I of the C~ty Charter
and Section 12 04 of Amele XII of the City Cha~ter be amended to provide that the City may not
sell, lease, mortgage, or otherwise alienate the entire assets of any utlhty system or any essant~al
portion thereof wathout the approval of a ma~onty 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 Clama Shall, Section 1 06 of Ar~ele I of the City Charter be
amended to mereaae the tbarty-day notice of claim for personal lnju~ or property damages to
mnety d~s and to require the elmmant to provide bas or her residence address, the names and
addresses of all witnesses known at the time who he or she relies upon to establish a elmm for
damages,, and other mformataon pertamang to the claim?
YES NO
PROPOSITION NO 4 - ~ Shall Amcle I of the City Charter be amended by
adding a r~ew Seet~un 1 07 so that the Charter beeomes gender neutral by extending all references
tn the Charter to the masculine gender to apply also to females and where appheable to firms,
partnersbaps, and eorporauons?
Page 17
YES NO
PROPOSITION NO 5 - Municmal Elections Shall Article II and Article III of the City Charter
be amended by amending Section 2 02 requmng each member of the Council to be a registered
voter and to have the mlmmum eligibility requirements for a municipal officer set forth in the
state law, reside for one year prior to the election in a single member district for which the per-
son is runmng, to chromate the requirements that a eounellmember not be in debt to the City, not
be interested in the emoluments of any contract or transaction with the City, and not be an officer
or &rector of a public service corporation, and to require forfeiture of the office upon ceasing to
possess these qualifications or upon conviction of a felony, by amending SeeUons 2 04 and 3 01
to require mumelpal elections to be held on uniform election dates m accordance with appheable
laws, by amending SecUons 3 02, and 3 04 to acknowledge awareness of nepotism laws m the
petmon to nominate a can&date for eounedmemher, changing the required number of s~gnatures
on the petition, and to reqmre canvassing and the holchng ora runoffeleetion m eomphance with
applicable laws9
YES NO
PROPOSITION NO 6 - Munlcmal Court Shall Section 6 03 of Amcle VI of the City Charter
be amended to reqmre that Mumclpal Court No 1 be established as a mume~pal court of record
and that the Mumc~pal Judge and all assistant mumclpal judges be licensed attorneys and have
the quahfieaUons and the powers when appointed reqmred by applicable state lawV
YES NO
PROPOSITION NO 7 - Taxation Shall Sectwn 7 01 of Article VII of the City Charter be
amended to prowde the City's power to tax shall be consistent w~th the Tax Code and to delete
Sections 7 02, 7 03, and 7 04 regarchng the payment, collection, levying, seizure, and sale of
property for delinquent taxes, delinquency penalties, and establishment of tax liens, and to re-
number the remmmng sections, so that these matters will be governed by the Tax Code and other
apphcable laws?
YES NO
PROPOSITION NO 8 - Budget Shall Article VIII of the City Charter be amended by amend-
ing SecUons 8 04 and 8 05 to prowde for a public heanng on the budget after the 15th day the
proposed budget is filed with the C~ty Seen~tary but before taxes are levied, to provide for noUee
to be published m accordance w~th appheable laws, to provide for adoption of the budget after
the pubhe hearing, allowing the proposed budget to take effect if the Council takes no action be-
fore the end of the fiscal year, allowing Council to make changes in the budget, and amending
Section 8 07 to authorize transfer of eertmn unencumbered funds wittun and between offices,
depam~ents, agencies, and organ~zattonal umts dunng the fiscal year?
YES NO
Page 18
PROPOSITION NO 9 - Bonds Shall Sections 9 01 and 9 02 of Article IX of the Cxty Charter
be amended to reqmre general obhgatlon bond debt of the C~ty to be ~ncreased only by consent
of the majority of the qualified voters of the City voting m an election for that purpose, and to
ehmmate the reqmrement for a revenue bond msue m excess of one mflhon dollars to be ap-
proved by a non-b~ndmg referendum election?
YES NO
PROPOSITION NO 10 - ~ Shall Article X of the City Charter be
amended by amending Section 10 03(a)(6) to reduce the number of days pnor to the beginning of
the budget year that the Planmng Commission must submit a hst of recommended general obh-
gation capital unprovements to be constructed dunng the forthcoming five-year period to the
City Manager from 90 days to 60 days, amending Section 10 05 to ehrmnate the requirement for
the Planning Commission's approval on all purchases and sales of real property and on widen-
lng, vacating, or changing streets?
YES NO
PROPOSITION NO 11 - Deletmn of Board of Ad_mstment Shall Article X, Sectwn 10 07 of
the City Charter be amended by deleting the Board of Adjustment from the C~ty Charter and re-
qumng that the C~ty Council, by ordinance, establmh 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 provmlons of the Charter until the ordinance creating the Board of Adjustment as effective9
YES NO
PROPOSITION NO 12 - Deletion of Parks and Recreatmn Board. Shall Axhcle XI, Section
11 02 of the City Charter be amended by deleting the Parks and Recreation Board from the City
Charter and requiring that the Clty Council, by ordinance, establish a board to advise the Council
on parks and recreation matters consisting of at least seven members having the qualifications,
powers, duties, and terms established by the City Council, and providing that the current Parks
and Recreation Board shall continue to function under these provisions of the Charter until the
orchnance creaiang the Board IS effective?
YES NO
PROPOSITION NO 13 - ~ Shall Section 12 01 ofAmcle XII of the City Charter
be amended by authorizing the City to own, acqmre, construct, mamtmn, and operate any other
pubhc utlhty without the necessity of having that decision approved by a ma.~onty of quahfied
voters voting therefore at an election held for such purpose?
YES NO
Page 19
PROPOSITION NO 14 - Expansion of Public Utilities Board Shall Article XII, Section 12 07
of the City Charter be amended by expanding the Public Utilities Board from five to seven mem-
bers or as many members as there are councllmembers, whichever is greater, and requmng all
meetings of the Board to be held m accordance with the Texas Open Meetings Act and all other
applicable laws~
YES NO
PROPOSITION NO 15 - Franchise Fees Shall Section 13 03 of Axtlcle XIII of the City Char-
ter be amended by requmng the grantee of any franchise or license 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, including access line fees, which the City may legally charge for
use of ItS streets or other public property?
YES NO
PROPOSITION NO 16 - Cg~lfllct of Interest Shall Section 14 04 of Article XIV of the City
Charter be amended by ehm, nating the current conflict of interest requirements and substituting
the requirement that any City officer or employee having a substantial interest in a business en-
tity or real property, as those terms are defined by chapter 171 of the Texas Local Government
Code, shall comply with chapter 171 and, if necessary, shall abstmn from voting on a matter on
winch the person has a substantial interest and file an affidavit setting forth the substantial inter-
est m the matter to be voted upon?
YES NO
PROPOSITION NO 17 - ~ Shall Section 14 13 of Article XIV of the City
Charter be amended to correct statutory references?
YES NO
~ That the elect~on shall be conducted at the same tune and in the same
manner with the same elections officers as prescribed in Ordinance No 99-056 calling the gen-
eral election on May 1, 1999, for the election of ¢ouncllmembers for Districts 1, 2, 3, and 4 The
physical rnean~ of voting, the designated polling places, and the officers shall be the same as
those prescribed m Ordinance No 99-056
~ That early voting shall be conducted in the same manner, at the same lo-
cation, and on the same dates and time as provided in the aforementioned orchnance for the gen-
eral election on May 1, 1999
~ That smd 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 Poghts Act of
1965, as amended, Insofar as they may be applicable
Page 20
iF.F, EI.QN_'~ T~at tlus ordinance shall ¢onsUtute the order and may serve ,as not~ce of
the election and shall be pubhshed and noticed m accordance w~th the general election ordinance
and all apphcable laws
~ lhat the caption oftlus or&nance shall be pubhshed in a newspaper of
general circulation m the CCy of Denton, m comphance w~th the provisions oftha law Further,
flus ordinance may be published m pamphlet form and shall be adnuss~ble in such form ~n any
court, as prowded by law
~ That ff any section, subsection, paragraph, sentence, clause, phrase, or
word m tlus ordinance, or apphcaUon thereof to any person or c~rcurustance is held to be uncon-
stitut~onal, such holding shall not affect the validity of the remaining portions of tlus ordinance,
the C~ty Council of the C~ty of Denton hereby declares that they would have enacted such re-
roaming pomons despite any such mval~chty.
~ That the City Council has found and determmexi that the meeting at
which tlus resolution ~s conmdered ~s open to the pubhc and that notice thereof was l~ven ~n ac-
cordance vath the provisions of the Texas open meetings law, Tex Gov't Code ch 551, as
amended, and that a quorum of the C~ty Council was present
~ That this ordinance shall become effecUve h'cnrnediately upon ~ts passage
and approval
PASSED AND APPROVEDttusthe/,_~"/ dayof 4uO~., .1999
ATTEST
JENNII~ER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L, PROUTY, CITY ATTORNEY
Page 21