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HomeMy WebLinkAboutOrdinance No. 456 THE CITY OF THE COLONY ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ORDERING AN ELECTION TO BE HELD IN SAID CITY AT THE NEXT REGULAR MUNICIPAL ELECTION ON THE 17TH DAY OF JANUARY, 1987, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF THE COLONY, TEXAS, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER, DESIGNATING THE PLACE AT WHICH SAID ELECTION IS TO BE HELD, APPOINTING THE OFFICERS OF SAID ELECTION, MAKING PROVISIONS FOR THE CONDUCT OF THAT ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, 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 City Charter of said City pursuant to the provisions of Article 1170, Vernon's Texas Civil Statutes, as amended, ("V.T.C.S."); and WHEREAS, the meeting at which this Ordinance is considered is open the the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required by Article 6252-17, V.T.C.S. NOW, THEREFORE, BE IT ORDAINED 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, at the next regular municipal election on the 17th day of January, 1987, which is not less than thirty (30) nor more than ninety (90) days from the date of this Ordinance, 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 precints for this election shall consist of the territory situated within the various Denton County election precints located within the corporate limits of the City and bearing the following numbers, and the polling place and officers of said election shall be as follows, to wit: DENTON COUNTY CITY ELECTION ELECTION PRESIDING PRESIDING ALTERNATE PRECINCTS PRECINCTS POLLING PLACES JUDGE JUDGE 2D, 2N & 2S 4 and 5 Peters Colony Diane Kovar Rita 5101 Nash Dr. Webster The colony, TX 2B and 2C 3 and 6 Camey Elementary Kay Einig Janet 4949 Arbor Glen Chapin The Colony, TX ABSENTEE BALLOT BOARD PRESIDING JUDGE Kay Einig 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 said election, provided that if the Presiding Judge named above actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. By approving and signing this Ordinance, the Mayor of the City officially confirms appointment of the aforesaid election officers to serve at said election; and by passing this Ordinance, the City Council of the 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 as follows: AMENDMENT NO. 1 Amend Subsection (a) of Section 2.04 so as to hereafter read as follows: "(a) The mayor and each council member shall be a registered voter of the State of Texas and a resident citizen 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. Each candidate for the office of mayor and each council member shall be a resident of the City of The Colony for not less than twelve (12) months immediately preceding the filing deadline for his election." AMENDMENT NO. 2 Amend the first two paragraphs of Section 2.06 so as to hereafter read as follows: "A single vacancy in the council or the office of mayor will be filled within forty five (45) days of the occurrence of the vacancy by a majority vote of the remaining members of the council and the mayor, as the 0051U/7 --2-- case may be, by selection 6f a person qualified for the position as described in this charter. This appointee shall serve until the position can be filled at the next regular city election. There shall not be more than (1) council-appointed person serving as mayor or a member of the city council at any time; provided that this restriction shall not apply to appointments pursuant to the last sentence of this Section 2.06 or to the appointment of an existing council member to a position for which he is qualified under Section 2.04. AMENDMENT NO. 3 Amend Section 2.08 so as to hereafter read as follows: "The council members and the mayor shall each receive a stipend of $25.00 for each scheduled council meeting attended, not to exceed $100.00 per month, for each fiscal year commencing on or after October 1, 1987. In addition, any actual and necessary expense incurred while in the discharge of the duties of their office shall be paid upon an itemized statement of such expense being rendered, and approved by the council at a regular meeting." AMENDMENT NO. 4 Amend the first sentence of Section 3.08 so as to hereafter read as follows: WThe council shall appoint a judge or judges for the municipal court, and such alternate judges as the council deems necessary, to serve at the pleasure of the council." AMENDMENT NO. 5 Amend the first paragraph of Section 3.10 so as to hereafter read as follows: "All ordinances passed by the city council shall be placed in the office of the city secretary and signed by the mayor. If the mayor shall fail or neglect to approve any ordinance for longer than three (3) days after the same is placed in the office of the city secretary, the same shall be deemed finally passed as though signed by the mayor" AMENDMENT NO. 6 Amend the fourth (and last) paragraph of Section 3.10 so as to hereafter read as follows: 0051U/7 --3-- "Any ~dinance ' or .resolution (other than an emergency measure, the budget or routine expenditures of budgeted funds) which authorizes or requires the expenditure or diversion of any city funds for any purpose or proposes any new tax or increased or decreased tax, fee, license, charge or penalty shall have a separate statement signed by the city manager outlining the fiscal impact and probable gain or loss in income or cost of the measure each year for the first three (3) years after its passage and a statement as to whether or not there will be cost involved thereafter. Such separate statement shall not be a part of the ordinance or resolution but shall remain with the ordinance or resolution throughout the entire legislative process, including submission to the mayor" AMENDMENT NO. 7 Amend Section 6.01 by the addition of the following sentence: "The city council may establish the municipal court as a court of record if authorized by state law." AMENDMENT NO. 8 Amend of Section 6.02 so as to hereafter read as follows: "The city manager may appoint a clerk of the municipal court with such duties and responsibilities as the city manager may direct. The clerk shall have the power to administer oaths and affidavits, make certificates, affix the seal of the court thereto, and otherwise perform any and all acts necessary in the issuing of the process of such court and in conducting the business thereof. Nothing herein shall prevent the city secretary or any other city official or employee from also being designated the clerk, and the city manager may appoint a deputy with the same power as the clerk." AMENDMENT NO. 9 Amend the third sentence of Section 7.05 amended so as to hereafter read as follows: "Such election shall be held within fourteen (14) days of the general election." AMENDMENT NO. 10 Delete Sections 9.08, 9.09 and 9.10. 0051U/7 --4-- AMENDMENT'il Delete Section 11.01. AMENDMENT NO. 12 Amend Section 12.01 so as to hereafter read as follows: "All records and accounts of every office, department, or agency of the city shall be open to inspection by any citizen or by any representative of the public at all reasonable times and under such reasonable regulations as may be established by the city manager and/or the city council in accordance with State law, except records and documents which the City is permitted by law to withhold and those records and documents prohibited from disclosure by law." AMENDMENT NO. 13 Amend Section 12.04 so as to hereafter read as follows: "Before the city shall be liable for damages for the death or personal injuries of any person or for damages to or destruction of property of any kind, which does not constitute a taking or damaging of property under Article I, section 17, Constitution of the State of Texas, the person injured, if living, or his representatives, if deceased, or the owner, his agent or attorney of the property damaged or destroyed shall give the city manager or city secretary notice in writing of such death, injury, damage or destruction, duly verified by affidavit, within ninety (90) days after same has been sustained, stating specifically in such written notice when, where, and how the death, injury, damage or destruction occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number, at the date the claim is presented, the actual residence of such claimant for six (6) months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages. No action at law for damages shall be brought against the city for such death, injury, damage or destruction prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed with the city manager the city secretary." AMENDMENT NO. 14 Delete the second sentence of Section 12.11. 0051U/7 Section 4. That voting at and on said election shall be by the use of paper ballots, and the official ballots for said election shall conform to the Texas Election Code, as amended, so as to permit the electors to vote "YES" or "NO" the aforesaid Propositions by placing and "X" in the square beside the statement indicating the way he wished to vote, with the official ballots to contain such other provisions, markings and language as required by law, and with such Propositions to be expressed substantially as follows: NO. CHARTER AMENDMENT ELECTION CITY OF THE COLONY, TEXAS COUNTY OF DENTON, TEXAS JANUARY 17, 1987 OFFICIAL BALLOT Place an "X" in the square beside the statement indicating the way you wish to vote: PROPOSITION NO. 1 [ ] YES Shall Section 2.04 of the Charter of the City of The Colony be amended to provide that the Mayor and each Council Member shall be a registered voter of the State of Texas and a resident citizen of the City of The Colony and (if applicable) of the district from which he is elected at the time of filing for election and throughout his term of office and that each candidate for the office of Mayor and each Council Member shall be resident of the City of The Colony for not less than twelve (12) months [ ] NO immediately preceding the filing deadline for his election? PROPOSITION NO. 2. [ ] YES Shall Section 2.06 of the Charter of the City of The Colony be amended to provide that vacancies in the Council or office of the Mayor will be filled within forty-five (45) days of the occurrence of the vacancy and that existing Council Members may be appointed to vacant positions in the office of Mayor or City Council without violating the prohibition against more than one Council appointed person [ ] NO serving as Mayor or Member of the City Council at any time? 0051U/7 --6-- PROPOSITION'NO. 3 [ ] YES Shall Section 2.08 of the Charter of the City of The Colony be amended to provide that Council Members and the Mayor shall receive a stipend of $25.00 for each scheduled Council [ ] NO meeting attended, not to exceed $100.00 per month, for each fiscal year commencing on or after October 1, 19877 PROPOSITION NO. 4 [ ] YES Shall Section 3.08 of the Charter of the City of The Colony be amended to provide that the Council may appoint more than one judge, and such alternate judges as it deems necessary, [ ] NO for the Municipal Court? PROPOSITION NO. 5 [ ] YES Shall Section 3.10 of the Charter of the City of The Colony be amended eliminate the Mayor's veto power with respect to Ordinances passed by the City Council and to provide that Ordinances not signed by the Mayor within three (3) days shall be deemed finally passed as though signed [ ] NO by the Mayor? PROPOSITION NO. 6 [ ] YES Shall Section 3.10 of Charter of the City of Colony be amended to provide that the City Manager is not required to prepare a statement of the fiscal impact of Ordinances providing [ ] NO for routine expenditures of budgeted funds? PROPOSITION NO. 7 [ ] YES Shall Section 6.01 of the Charter of the City of The Colony be amended to provide that the City Council may establish a Municipal Court as [ ] NO a Court of Record if authorized by State law? PROPOSITION NO. 8 [ ] YES Shall Section 6.02 of the Charter of the City of The Colony be amended to authorize the City Manager to appoint and direct the duties of a [ ] NO clerk and any deputy clerks of the Municipal Court? 0051U/7 PROPOSITION'NO. 9 YES Shall Section 7.05 of the Charter of the City of The Colony be amended to provide that runoff elections shall be held within fourteen (14) NO days of the general election? PROPOSITION NO. 10 YES Shall those portions of the Charter of the City of The Colony (being Sections 9.08, 9.09 and 9.10) that provide for the appointment by the City Council of a Board of Tax Equalization be deleted in order to conform to the requirements NO of the Texas Property Tax Code? PROPOSITION NO. 11 YES Shall the Charter of the City of The Colony be amended by deleting therefrom a transitional section (Section 11.01) requiring a special election to be called two years after NO January 20, 19797 PROPOSITION NO. 12 YES Shall Section 12.01 of the Charter of the City of The Colony be amended to provide that the City is not required to open to the inspection of the public any records or documents which it is permitted by law to withhold and any records and documents which it is prohibited by law NO from disclosing? PROPOSITION NO. 13 YES Shall Section 12.04 of the Charter of the City of The Colony be amended to provide that claims for death, personal injury or damages to property must be filed against the City within ninety (90) days after the death, injury or NO damage was sustained? PROPOSITION NO. 14 YES Shall Section 12.11 of the Charter of the City of The Colony be amended to remove from the Charter the requirement that the City Council act as final authority with respect to appeals NO of dismissed employees? 0051U/7 --8-- Section 5. Tnat the absentee voting shall be conducted by the City Secretary, who is hereby appointed Clerk of Absentee Voting, at the City Secretary's office in the City Hall, 5576 North Colony Blvd., The Colony, Texas. For the period absentee voting for said election is permitted by law, the Clerk shall keep said office open for absentee voting during regular hours on each day except Saturday, Sunday and on official State holidays. The absentee ballots for said election shall conform to the requirements of the Texas Election Code, as amended, and so as to permit the electors to vote "YES' or 'NO' the aforesaid Propositions. A square shall be printed on the left of each of the words 'YES' and 'NO' and each elector shall place an "X" in the square beside the statement indicating the way he wishes to vote. Section 6. That all resident, qualified electors, of the City shall be permitted to vote at said election. In addition, the election materials enumerated in the Texas Election Code, as amended, shall be printed in both English and Spanish for use at the polling place and for absentee voting for said election. Section 7. That notice of said election for the submission of said amendments shall be given by publication of a notice of election, which shall include a substantial copy of the proposed amendments, the nature and date of the election, the hours during which the polls will be open, and the location of the polling place, published on the same day in each of two (2) successive weeks in a newspaper of general circulation published in said City, the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. Section 8. The fact that the present ordinances and regulations of the City of The Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND ADOPTED, ~BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, this I q'~- day of November, 1986. Mayor, City'of ~he Colony', Texas 0051U/7 --9-- ATTEST: Ci ~ry, City of The Colony, Texas FORM: C~ )%t-torneY, City of~he Colony, Texas 0051U/7 -10- AMENDMENT il Delete Section 11.01. AMENDMENT NO. 12 Amend Section 12.01 so as to hereafter read as follows: "All records and accounts of every office, department, or agency of the city shall be open to inspection by any citizen or by any representative of the public at all reasonable times and under such reasonable regulations as may be established by the city manager and/or the city council in accordance with State law, except records and documents which the City is permitted by law to withhold and those records and documents prohibited from disclosure by law." AMENDMENT NO. 13 Amend Section 12.04 so as to hereafter read as follows: "Before the city shall be liable for damages for the death or personal injuries of any person or for damages to or destruction of property of any kind, which does not constitute a taking or damaging of property under Article I, section 17, Constitution of the State of Texas, the person injured, if living, or his representatives, if deceased, or the owner, his agent or attorney of the property damaged or destroyed shall give the city manager or city secretary notice in writing of such death, injury, damage or destruction, duly verified by affidavit, within ninety (90) days after same has been sustained, stating specifically in such written notice when, where, and how the death, injury, damage or destruction occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number, at the date the claim is presented, the actual residence of such claimant for six (6) months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages. No action at law for damages shall be brought against the city for such death, injury, damage or destruction prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed with the city manager the city secretary." AMENDMENT NO. 14 Delete the second sentence of Section 12.11. 0051U/7 Section 4. That voting at and on said election shall be by 'the use of paper ballots, and the official ballots for said election shall conform to the Texas Election Code, as amended, so as to permit the electors to vote wYES" or "NOw the aforesaid Propositions by placing and "X" in the square beside the statement indicating the way he wished to vote, with the official ballots to contain such other provisions, markings and language as required by law, and with such Propositions to be expressed substantially as follows: NO. CHARTER AMENDMENT ELECTION CITY OF THE COLONY, TEXAS COUNTY OF DENTON, TEXAS JANUARY 17, 1987 OFFICIAL BALLOT Place an "X" in the square beside the statement indicating the way you wish to vote: PROPOSITION NO. 1 [ ] YES Shall Section 2.04 of the Charter of the City of The Colony be amended to provide that the Mayor and each Council Member shall be a registered voter of the State of Texas and a resident citizen of the City of The Colony and (if applicable) of the district from which he is elected at the time of filing for election and throughout his term of office and that each candidate for the office of Mayor and each Council Member shall be resident of the City of The Colony for not less than twelve (12) months [ ] NO immediately preceding the filing deadline for his election? PROPOSITION NO. 2. [ ] YES Shall Section 2.06 of the Charter of the City of The Colony be amended to provide that vacancies in the Council or office of the Mayor will be filled within forty-five (45) days of the occurrence of the vacancy and that existing Council Members may be appointed to vacant positions in the office of Mayor or City Council without violating the prohibition against more than one Council appointed person [ ] NO serving as Mayor or Member of the City Council at any time? 0051U/7 --6-- PROPOSITI6N N0. 3 YES Shall Section 2.08 of the Charter of the City of The Colony be amended to provide that Council Members and the Mayor shall receive a stipend of $25.00 for each scheduled Council NO meeting attended, not to exceed $100.00 per month, for each fiscal year commencing on or after October 1, 19877 PROPOSITION NO. 4 YES Shall Section 3.08 of the Charter of the City of The Colony be amended to provide that the Council may appoint more than one judge, and such alternate judges as it deems necessary, NO for the Municipal Court? PROPOSITION NO. 5 YES Shall Section 3.10 of the Charter of the City of The Colony be amended eliminate the Mayor's veto power with respect to Ordinances passed by the City Council and to provide that Ordinances not signed by the Mayor within three (3) days shall be deemed finally passed as though signed NO by the Mayor? PROPOSITION NO. 6 YES Shall Section 3.10 of Charter of the City of Colony be amended to provide that the City Manager is not required to prepare a statement of the fiscal impact of Ordinances providing NO for routine expenditures of budgeted funds? PROPOSITION NO. 7 YES Shall Section 6.01 of the Charter of the City of The Colony be amended to provide that the City Council may establish a Municipal Court as NO a Court of Record if authorized by State law? PROPOSITION NO. 8 YES Shall Section 6.02 of the Charter of the City of The Colony be amended to authorize the City Manager to appoint and direct the duties of a NO clerk and any deputy clerks of the Municipal Court? 0051U/7 --7-- PROPOSITION NO. 9 [ ] YES Shall Section 7.05 of the Charter of the City of The Colony be amended to provide that runoff elections shall be held within fourteen (14) [ ] NO days of the general election? PROPOSITION NO. 10 [ ] YES Shall those portions of the Charter of the City of The Colony (being Sections 9.08, 9.09 and 9.10) that provide for the appointment by the City Council of a Board of Tax Equalization be deleted in order to conform to the requirements [ ] NO of the Texas Property Tax Code? PROPOSITION NO. 11 [ ] YES Shall the Charter of the City of The Colony be amended by deleting therefrom a transitional section (Section 11.01) requiring a special election to be called two years after [ ] NO January 20, 19797 PROPOSITION NO. 12 [ ] YES Shall Section 12.01 of the Charter of the City of The Colony be amended to provide that the City is not required to open to the inspection of the public any records or documents which it is permitted by law to withhold and any records and documents which it is prohibited by law [ ] NO from disclosing? PROPOSITION NO. 13 [ ] YES Shall Section 12.04 of the Charter of the City of The Colony be amended to provide that claims for death, personal injury or damages to property must be filed against the City within ninety (90) days after the death, injury or [ ] NO damage was sustained? PROPOSITION NO. 14 [ ] YES Shall Section 12.11 of the Charter of the City of The Colony be amended to remove from the Charter the requirement that the City Council act as final authority with respect to appeals [ ] NO of dismissed employees? 0051U/7 --8-- Section 5. That the absentee voting shall be conducted by the City Secretary, who is hereby appointed Clerk of Absentee Voting, at the City Secretary's office in the City Hall, 5576 North Colony Blvd., The Colony, Texas. For the period absentee voting for said election is permitted by law, the Clerk shall keep said office open for absentee voting during regular hours on each day except Saturday, Sunday and on official State holidays. The absentee ballots for said election shall conform to the requirements of the Texas Election Code, as amended, and so as to permit the electors to vote "YES" or "NOw the aforesaid Propositions. A square shall be printed on the left of each of the words "YES" and "NO" and each elector shall place an "Xw in the square beside the statement indicating the way he wishes to vote. Section 6. That all resident, qualified electors, of the City shall be permitted to vote at said election. In addition, the election materials enumerated in the Texas Election Code, as amended, shall be printed in both English and Spanish for use at the polling place and for absentee voting for said election. Section 7. That notice of said election for the submission of said amendments shall be given by publication of a notice of election, which shall include a substantial copy of the proposed amendments, the nature and date of the election, the hours during which the polls will be open, and the location of the polling place, published on the same day in each of two (2) successive weeks in a newspaper of general circulation published in said City, the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. Section 8. The fact that the present ordinances and regulations of the City of The Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND ADOPTED. ~Y THE CITY COUNCIL OF THE CITY OF COLONY, TEXAS, November, THE this ~ ~day of 1986. Mayor, City of The Colony, Texas 8051U/7 --9-- ATTEST: City Secretary, City of The Colony, Texas [SEAL] APPROVED AS TO FORM: Ci~ A~orney, City ~ The ColOny, Texas 0051U/7 -10-