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HomeMy WebLinkAboutResolution No. 01-35 ORI$11 L RESOLUTION NO. ~/~ 3~' CITY OF THE COLONY, TEXAS A RESOLUTION OE THE CITY OF THE COLONY, TEXAS, ORDERING AN ELECTION OF THE QUALIFIED VOTERS OF SAID CITY TO BE HELD IN SAID CITY ON THE 2ND DAY OF FEBRUARY 2002, FOR THE PURPOSE OE SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF THE COLONY, TEXAS, FOR ADOPTION OR REJECTION, CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER, DESIGNATING THE PLACE AT Vv'HICI-I SAID ELECTION IS TO BE HELD, APPOINTING THE OFFICERS OF SAID ELECTION, MAKING PROVISIONS FOR THE CONDUCT OE THAT ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS RESOLUTION; AND PROVIDING AN EEFECTIVE DATE WHEREAS, the city council of the City of The Colony, Texas (hereinafter referred to as the "City"), has, on its own motion, determined to submit to the qualified voters of said city, for their adoption or rejection thereof certain proposed amendments to the existing City Charter of said city pursuant to the provisions of Section 9.004 of the Texas Local Government Code (the "Code"); and WHEREAS, the meeting at which this Resolution is considered is open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required by Chapter 481 of the Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That an election shall be held in and throughout the City of The Colony, Texas, on the 2nd day of February 2002, which is not less than thirty (30) nor more than ninety (90) days from the date of this Resolution, between the hours of 7:00 a.m. and 7:00 p.m., at the voting place hereinafter named and by the election judges herein named for the purpose of submitting the proposed amendments to the City Charter of the City of The Colony, Texas. Section 2. That the City election precincts for this election shall consist of the territory situated within the various Denton County Election precincts located within the corporate limits of the City and bearing the following numbers and polling places and officers of said election shall be as follows, to wit: DENTON COUNTY ELECTION PRECINCTS 112 AND 109 POLLING PLACE Peters Colony Elementary 5101 Nash Dr. The Colony, Texas PRESIDING JUDGE - Colleen Terry, ALTERNATE JUDGE - Nicole Hinkle Resolution No. Call Charter Amendment Election DENTON COUNTY ELECTION PRECINCTS 201,202, 219 and 221 POLLING PLACE -Camey Elementary 4949 Arbor Glen The Colony, Texas PRESIDING JUDGE - Holly Rademaker, ALTERNATE JUDGE - Annette Smith DENTON COUNTY ELECTION PRECINCT 110, 117 and 119 POLLING PLACE - Dick Weaver Senior Citizen Center 6301B Main St. The Colony, Texas PRESIDING JUDGE - Regina Carpenter, ALTERNATE JUDGE - Pam Sewell EARLY BALLOT BOARD PRESIDING JUDGE Regina Carpenter The Presiding Judge shall appoint not less than two (2) nor more than six (6) qualified election clerks to serve and assist in the conduct of the election, providing that if the Presiding Judge named above actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. By passing this Resolution, the City Council of said City approves and concurs in the appointment of the aforesaid election officers. Section 3. The proposed amendments to the City Charter of the City of The Colony, Texas are attached as Exhibit "A" to this resolution. Section 4. As to early voting for said election, optical scan ballots shall be used, and such early voting shall be conducted by the City Secretary, who is hereby appointed the Clerk for Early Voting, at the City Secretary's Office at City Hall, City of The Colony, Texas. For the period early voting for said election is permitted by law, the Clerk shall keep said office open for early voting during regular working hours of each workday. For the purpose of additional early voting the Clerk shall keep said office open on Saturday, January 26, 2002 from 8:00 a.m. to 4:00 p.m. The early ballots for said election shall conform to the requirements of the Texas Election Code, as amended, and in so doing shall permit the voters to vote "YES" or "NO" to the aforesaid Propositions. Section 5. That all resident, qualified electors, of the City shall be permitted to vote at said election. In addition, the election materials enumerated in Section 9.004 of the Texas Local Government Code shall be printed in both English and Spanish for use at the polling place and for early voting for said election. Resolution No. Call Charter Amendment Election 2 Section 6. Notice of said election for the submission of said propositions shall be given by publication of a notice of election, which shall include a substantial copy of the proposed propositions, the nature and date of the election, the hours during which the polls will be open, and the location of the polling places, published on the same day in each of two (2) successive weeks in a newspaper of general circulation regularly published in the City, and a copy of the notice shall also be filed with the City Secretary and another copy shall be posted on a bulletin board in the office of the City Secretary, not less than fourteen (14) days before the election. The City Secretary of the City of The Colony, Texas shall keep a copy of the notice as published, together with the name(s) of the newspaper(s) and date or dates of publication. PASSED AND APPROVED BY TItE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, TO BE EFFECTIVE this 3rd day of December 2001. Bemetta Henville-Shannon, Mayor ATTEST: ~.~1:......~....O~o~H, icks, TRMC, City Secretary 3~...'" APPI~. zt~D AS TO FORM: Resolution No. Call Charter Amendment Election 3 EXHIBIT "A" PROPOSITION NO. 1 (A) Amend Section 2.02 so as to hereafter read as follows: "Each council member shall hold his office for a period of three (3) years. Should a duly elected successor be disqualified under the provisions of this charter or the laws of this State or the United States, the city council shall declare a vacancy and such vacancy shall be filled as provided herein." (B) Amend Section 2.06 so as to read as follows: Should a vacancy in the council occur, an election to fill such vacancy shall be called no later than sixty (60) days of the occurrence of the vacancy or vacancies. Such vacancy shall be filled by a majority vote of the qualified voters of the city at a special election called for that purpose. This person shall serve for the remainder of the unexpired term for such office. PROPOSITION NO. 2 Amend the first sentence of Subsection (a) of Section 2.04 so as to hereafter read as follows: "(a) Each council member shall be a registered voter of the State of Texas and a resident of the City of The Colony, and (if applicable) the district from which he is elected at the time of filing for election and throughout his term of office." PROPOSITION NO. 3 Amend Subsection (b) of Section 2.04 so as to hereafter read as follows: (b) If any council member fails to maintain the foregoing qualifications, or is convicted of a felony, a Class A misdemeanor or a crime of moral turpitude, or holds any other public office other than as a notary public or a member of the military or naval reserve or national guard, or shall move from the City of The Colony, or shall miss three (3) consecutive regularly scheduled meetings, without valid excuse, the city council must, at its next regular meeting, declare a vacancy to exist and shall fill said vacancy as set forth in section 2.06 of this charter. PROPOSITION NO. 4 Amend Section 2.04 by adding Subsection (d), which shall read as follows: "(d) In the event an employee of the city shall become a candidate for election to the office of mayor or council member, said employee shall immediately resign his position with the city." CITY OF THE COLONY CHARTER PAGE 1 Draft ballot format EXHIBIT "A" PROPOSITION NO. 5 Amend Section 2.04 by adding Subsection (e), which shall read as follows: "(e) No member of council may become an appointed officer or employee of the city within two (2) years after vacating such office." PROPOSITION NO. 6 Amend Section 2.06 so as to read as follows: Should a vacancy in the council occur, an election to fill such vacancy shall be called no later than sixty (60) days of the occurrence of the vacancy or vacancies. Such vacancy shall be filled by a majority vote of the qualified voters of the city at a special election called for that purpose. This person shall serve for the remainder of the unexpired term for such office. PROPOSITION NO. 7 Amend Section 2.07 so as to read as follows: "The council shall be the judge of the election and qualifications of its members. If a member of the council is charged with a ground for removal, such charges shall be set for a public hearing not less than ten (10) nor more than thirty (30) days from the date on which the written charges are presented. At such hearing, the accused shall have the right to present evidence in his defense, but he shall be disqualified from voting as to his innocence or guilt. At the conclusion of evidence, a vote shall be taken, and upon the affirmative vote of three-fourths of all present and eligible voting council members, the accused member shall be removed from office and his seat declared vacant. The council shall have the power to subpoena witnesses and require the production of records, but the decision of the council in the exercise of such power shall be subject to review by the courts. PROPOSTION NO. 8 Amend Section 2.08 so as to read as follows: "The council members elected as provided for herein shall receive compensation of $25.00 for attending regular Council session; and any actual and necessary expense incurred while in the discharge of the duties of the office shall be paid upon an itemized statement of such expense being rendered, and approved by the council at a regular meeting." CITY OF THE COLONY CHARTER PAGE 2 Draft ballot format EXHIBIT "A" PROPOSITION NO. 9 Amend Section 3.07 so as to read as follows: "There shall be such administrative departments as may be established by the council. The council may establish the duties and responsibilities of each such department. The council may combine one or more departments created by it and may assign or transfer duties of any department of the city from one department to another, or create additional departments." PROPOSITION NO. 10 Amend the first paragraph of Section 3.09 so as to read as follows: "In addition to such acts of the council as are required by statute or by this charter to be by ordinance, every act of the council establishing a fine or other penalty or providing for the expenditure of ftmds or for the contracting of indebtedness, shall be by ordinance or resolution. The enacting clause of all ordinances shall be "Be it ordained by the City Council of the City of The Colony." PROPOSITION NO. 11 Amend the first paragraph of Sec. 10.02 so as to read as follows: "The council shall cause to be prepared and submitted unto it a budget covering the next fiscal year that shall be submitted to the council prior to the thirty first day of July each year, which shall contain the following information:" PROPOSITION NO. 12 Amend Chapter 11 so as to read as follows: Sec. 11.01 Ethics No officer of the City nor a relative of an officer shall knowingly: (a) Represent or appear on behalf of the private interests of others before the City Council, the board, commission or committee of which the officer is a member, or before the City Council or other board on an appeal from such board, commission or committee concerning such matter; (b) Use such person's official position or knowledge from the official position to secure special privileges or exemptions for the purpose of achieving monetary gain for such person or others; CITY OF THE COLONY CHARTER PAGE 3 Draft ballot format EXHIBIT "A" (c) Grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond that which is normally available to every other citizen, individual, business organization or group; (d) Disclose or reveal any information, or the contents of any discussion, considered during an executive session or closed meeting conducted pursuant to the Texas Open Meetings Act, TEX. GOV'T CODE, Chapter 551, as amended, held by the City Council, any City agency, board, commission, committee, or department except as may be authorized by a majority vote of that body, or as required by law or a court of competent jurisdiction. (e) Directly or indirectly use any confidential information which was gained by reason of such person's official position for such person's own personal gain or benefit or for the benefit of others. Disclose or reveal any information or the contents of any discussion which would violate the provisions of the Texas Public Information Act, TEX. GOV'T CODE Chapter 552, as amended, or the Texas Open Meetings Act, TEX. GOV'T CODE Chapter 551, as amended; (0 Definition: An "officer" or "official" of the City is a person who holds an appointed or elected position that exercises responsibilities beyond those that are merely advisory in nature. An officer includes, but is not limited to, City Council members, members of the Planning and Zoning Commission, the Board of Adjustment, City Manager, City Secretary, and Municipal Court Judge. Sec. 11.02. Nepotism. No person may be employed, appointed, or confirmed to any position that is to be paid by public funds if that individual is related by consanguinity within the third degree or within the second degree by affinity to any member of the City Council or the City Manager. Sec. 11.03. Conflict of Interest. It shall be grounds for removal from office or termination of employment with the City if an official knowingly violates the provisions of § 11.04(d) or participates in a vote or decision on any matter involving a business entity or real property in which the official has a "substantial interest." (a) Substantial Interest in a Business Entity. A "substantial interest" in a BUSINESS ENTITY is defined as: (i) the person owns five percent (5%) or more of the voting stock or shares of the business entity; or CITY OF THE COLONY CHARTER PAGE 4 Draft ballot format EXHIBIT "A" (ii) the person owns either five percent (5%) or more or $10,000 or more of the fair market value of the business entity; or (iii) funds received fi.om the business entity exceed five percent (5%) of the official's gross income for the previous year (twelve month period before the date when the governmental body takes up the matter involving the business entity. Definition: Business Entity includes, but is not limited to, a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law. Business entity includes any business entity that represents a party with an interest in a matter before the governmental entity. (b) Substantial Interest in Real Property. A person has a "substantial interest" in REAL PROPERTY iff (i) it is reasonably foreseeable that an action on the matter will confer a *special economic effect on the person; and (ii) the official's interest is an equitable or legal ownership with a fair market value of $1,500 or more. *Special Economic Effect is any effect distinguishable fi.om the effect on the entire community. (c) Substantial Interest Extends to Relatives in the First Degree. An official is also considered to have a "substantial interest" if a relative in the first degree of the official, by either consanguinity or affinity, would have a "substantial interest" in a business entity or real property under the above tests. (d) Required Filing of Affidavit & Abstaining. An official who has a "substantial interest" in a business entity or real property must do two things: (i) Immediately upon the matter in question being filed or submitted to the City for formal consideration, file an affidavit with the City Secretary revealing the nature and extent of the interest with the governing body; and (ii) Abstain fi.om further discussion of the matter at any public meeting. CITY OF THE COLONY CHARTER PAGE 5 Draft ballot format EXHIBIT "A" Sec. 11.04. Lobbying by Former Officials. No former officer of the City shall knowingly represent or appear on behalf of the private interest of others before the Council, the board, commission or committee of which the officer formerly served, for at least six (6) months after the officer ends his association or service with the City. AND TO: Delete Sections 12.02, 12.12 and 12.13 entirely. CITY OF THE COLONY CHARTER PAGE 6 Draft ballot format