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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