HomeMy WebLinkAboutOrdinance No. 896 CITY OF THE COLONY, TEXAS
oRDinANce.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF AN ELECTION HELD IN SAID CITY ON TIlE 12TH DAY
OF AUGUST, L095, FOR THE PURPOSE OF AMENDING THE HOME
RULE CHARTER OF SAID CITY; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council caused to be published in accordance with the laws of
the State of Texas notice of the election held August 12, 1995, to submit to the voters
certain amendments to the City Charter;
WHEREAS, notice of election was actually given as required by law; and
WHEREAS, said election was duly and legally held on August 12, 1995, in
conformity with the election laws of the State of Texas, and the results of said election have
been certified and returned by the property judges and clerks thereof;
and
WHEREAS, the election returns duly and legally made showed that there were cast
at said election 162 valid and legal votes, and that each of the propositions in said election
received the following votes:
PROPOSITION NO. 1
Shall Section 2.04(b) of the Charter be amended to provide that the mayor or council
members must be removed from office upon conviction of a felony or a Class A
misdemeanor?
For 143 Against 19
PROPOSITION NO. 2
Shall the Charter be amended by the deletion of the phrase in Section 2.04(b) related to
delinquent indebtedness by the mayor or council member to the city being a reason for
removal from office?
For 87 Against 74
PROPOSITION NO. 3
Shall Section 2.04(c) of the Charter be amended to provide that the mayor or council
member who seeks election to another seat on the Council shall resign his current position
effective the date of election and to provide that the mayor or council member who seeks
election to another public office in the State, shall resign his position as of the date of being
sworn to that office?
For 105 Against 56
PROPOSITION NO. 4
Shall Section 2.06 of the Charter (lst paragraph) be amended to provide that a single
vacancy in the council or the office of mayor shall be filled within forty-five (45) days of
occurrence of the vacancy and that such appointee shall serve for the remainder of the
unexpired term for such office.'?
For 135 Against 27
PROPOSITION NO. 5
Shall Section 3.02 of the Charter be amended to provide that the franchise power of the
council includes cable television and all public utilities as required by applicable law?
For 128 Against 31
PROPOSITION NO. 6
Shall Section 3.07 of the Charter be amended to provide that no member of the council or
the mayor may become an officer or employee of the city within two (2) years after vacating
office?
For 129 Against 31
PROPOSITION NO. 7
Shall Section 4.06 of the Charter be amended to provide that the city manager and the city
secretary be required to live within the city limits?
For 11~ Against 44
PROPOSITION NO. 8
Shall the Charter be amended by the deletion of Section 4.10 Department of Police as all
administrative depa,'tments of the City are provided for elsewhere in the Charter?
For 111. Against 46
PROPOSITION NO. 9
Shall Section 7.01 of the Charter be amended to require that the general city election be
held annually on the date prescribed by the Texas Election Code.'?
For 151 Against 11
PROPOSITION NO. 10
Shall Section 7.07 of the Charter be amended to provide in the recall procedure for an
initial affidavit; issuance of the petition blanks by the city secretary; return of the petition
within forty-five (45) days of its issuance?
For 135 Against 25
PROPOSITION NO. 11
Shall Section 9.01 of the Charter be amended to provide that the council may contract for
tax collection services?
For 115 Against 45
PROPOSITION NO. 12
Shall the Charter be amended by the deletion of Section 9.08 Board of Equalization; Section
9.09 Increase of Assessment by Board; and Section 9.10 Records: Certification and
adoption?
For 110 Against 45
WHEREAS, pursuant to Section 7.04 of Chapter VII of the Home Rule Charter of the City, in
order to be declared passed, a proposition must receive a majority of the legal votes cast.
WHEREAS, Propositions 1.2.3.4.5.6.7.8.9.10.11,12
received a majority of the votes for the propositions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
Section L That each and every one of the recitals, findings and determinations contained in the
preamble to this Ordinance are hereby repealed and incorporated herein as due, proper and formal
findings and determinations of thc City Council.
Section 2. That it is further found and determined that the results of the election as canvassed and
tabulated in the preamble reflect the expressed desires of the resident, qualified electors.
Section 3. That the following propositions are declared passed and the Home Rule Charter of the
City of The Colony, Texas, shall be amended accordingly:
Propositions 1.2.3.4.5,6,7,8,9,10,11,12.
Section 4. That the public importance of this measure and the fact that it is in the best interest
of the City to declare the duly elected officers of the City at the earliest possible date for the immediate
preservation of the public peace, property, health and safety of the City and its citizens creates an
emergency and an imperative public necessity which requires that this Ordinance shall take effect and be
in force from and after its final passage and approval, and it is accordingly so ordained.
PASSED AND APPROVED this the 14th day of August, 1995.
~ ' illard, I~ayor Pro-tem
ATrEST:
Patti A. Hicks, City Secretary
[SEAL]
APPROVED AS TO FORM:
City Attorney