HomeMy WebLinkAboutOrdinance No. 888 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. g 3* g
AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, ORDERING ANfi, E,,LECTION
TO BE HELD IN SAID CITY ON THE /o/~-~ DAY OF
AUGUST, 1995, FOR THE PURPOSE OF SIJBMI'ITING TO
THE QUALIFIED VOTERS OF THE CITY OF THE
COLONY, TEXAS, FOR THE ADOPTION OR REJECTION
THEREOF, CERTAIN 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;
PROVIDING AN EFFECTIVE DATE.
WI~.RF_a~, 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
WI-~, the meeting at which this Ordinance is considered is open to the public
as required by law, and public notice of the time, place and purpose of said meeting was
given as required by Chapter 481 of the Texas Government Code.
NOW, THER~-~ORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. Incorporation of Premises. That all of the above premises are found
to be true and correct and are incorporated into the body of this Ordinance as if copied in
their entirety.
Section 2. Election Order; Election Date; Purpose of Electio,_ That there be
submitted at a specially called election to be participated in by the qualified voters of the
City of The Colony, Texas, to be held on Saturday, the 12th day of August, 1995, between
the hours of 7:00 a.m. and 7:00 p.m., at the voting places hereinafter named and by the
election judges hereinafter named, certain proposed amendments to the existing City Charter
of the City of The Colony, Texas, which are fully set out in the hereto attached Exhibit "A"
which is incorporated herein for all purposes.
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Section 3. ,.Ballot Propositions. The Charter Amendment propositions shall appear
on the ballot as follows: Voters should place an "X" in the square beside the statement
indicating the way they wish to vote:
~] Yes PROPOSITION NO. 1
Shall Section 2.04(b) of the Charter be amended to provide that
~-~ No the mayor or council members must be removed from office upon
conviction of a felony or a Class A misdemeanor?
~] Yes PROPOSITION NO. 2
Shall the Charter be amended by the deletion of the phrase in
~-] No Section 2.04(b) related to delinquent indebtedness by the mayor or
council member to the City being a reason for removal from office?
1 Yes PROPOSITION NO. 3
Shall Section 2.04(c) of the Charter be amended to provide that the
] I No 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?
'-~ Ye., PROPOSITION NO. 4
Shall Section 2.06 of the Charter (lst paragraph) be amended to
] I No 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?
~'~ Yes PROPOSfflON NO. 5
Shall Section 3.02 of the Charter be amended to provide that the
I No franchise power of the council includes cable television and all
public utilities as required by applicable law?
~ Yes PROPOSITION NO. 6
Shall Section 3.07 of the Charter be amended to provide that no
I [ No member of the council or the mayor may become an officer or
employee of the city within two (2) years after vacating office?
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~ Yes PROPOSITION NO. 7
Shall Section 4.06 of the Charter be amended to provide that the
No city manager and the city secretary be required to live within the
city limits?
Yes PROPOSrI1ON NO. 8
Shall the Charter be amended by the deletion of Section 4.10
No Department of Police as all administrative departments of the City
are provided for elsewhere in the Charter?
Yes PROPOSITION NO. 9
Shall Section 7.01 of the Charter be amended to require that the
No general city election be held annually on the date prescribed by the
Texas Election Code?
Yes PROPOSITION NO. 10
Shall Section 7.07 of the Charter be amended to provide in the
No 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?
Yes PROPOSITION NO. 11
Shall Section 9.01 of the Charter be amended to provide that the
No council may contract for tax collection services?
Yes PROPOSITION NO. 12
Shall the Charter be amended by the deletion of Section 9.08
No Board of Equalization; Section 9.09 Increase of Assessment by
Board; and Section 9.10 Records: Certification and adoption?
Section 4. Pollin Places- A ointment of Presidin Jud es' A ointment of
Alternate Presidin Jud es' A ointment of Earl Ballot Board Presidin Jude. 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
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the following numbers, and the polling place and officers of said election shall be as follows,
to-wit:
DENTON COUNTY ELECTION PRECINCT 110
POLLING PLACE - Denton County Government Center
6401 Main Street
The Colony, Texas
PRESIDING JUDGE - Regina Carpenter
ALTERNATE JUDGE - Doris Mills
DENTON COUNTY ELECTION PRECINCTS 112 AND 109
POLLING PLACE - Peters Colony Elementary School
5101 Nash Drive
The Colony, Texas
PRESIDING JUDGE - Colleen Terry
ALTERNATE JUDGE - Nicole Terry
DENTON COUNTY ELECTION PRECINCTS
201, 202 AND 219
POLLING PLACE _ Carney Elementary School
4949 Arbor Glen
The Colony, Texas
PRESIDING JUDGE - Sally Horn
ALTERNATE JUDGE - Carolyn Allan
EARLY BAI J.OT BOARD PRESIDING JUDGE -
Colleen Terry
By passing this Ordinance, the City Council of said City approves and concurs in the
appointment of the aforesaid election officers.
Section 5. Appointment of Cierks. The Presiding Judge herein appointed 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, provided, however, that if the Presiding Judge named
herein actually serves as expected, the Alternate Presiding Judge shall be one of such clerks.
All election clerks shall be qualified voters of the City.
Section 6. Compensation of Election Judges and Election Clerl,~. The Presiding
Election Judge, Alternate Presiding Judge, and each Election Clerk shall be compensated
at the rate of $5.00 per hour in accordance with Section 32.091 of the Code. The Presiding
Election Judge shall also be paid the additional sum of $25.00 for delivering the returns of
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the election. Such payments shall not exceed the maximum amounts set forth in Sections
32.091 and 32.092 of the Code.
Section 7. Method of Votin . The City Secretary is hereby authorized and
instructed to provide and furnish all necessary election supplies to conduct the election.
Voting at the election shall be by use of paper ballots. Preparation of the official ballots for
the election shall conform to the requirements of the Code, and in so doing, shall permit the
voter to vote yes or no on the proposed Charter amendments.
Section 8. Governing Law; Qualified Voters. The election shall be held in
accordance with the Constitution of the State of Texas and the Code, and all resident,
qualified electors of the City shall be eligible to vote at the election. In addition, the
election materials enumerated in the Code shall be printed in both English and Spanish for
use at the polling place and for absentee voting for the election.
Section 9. .Publication and Posting of Notice. Notice of the election shall be given
by posting a notice of election in both English and Spanish at the City Hall, 5151 N. Colony
Boulevard, The Colony, Texas, not less than twenty-one (2~) days prior to the date upon
which the election is to be held, and by publication of said notice at least once in a
newspaper of general circulation within the City, the date of said publication to be not less
than ten (10) days nor more than thirty (30) days prior to the date set for the election.
In addition thereto, a copy of the notice shall also be f'ded with the City Secretary at
least twenty-one (21) days before the election. Upon publication of the election notice, the
City Secretary shall secure a publisher's affidavit which complies with the requirements of
the Code.
Section 10. ~. Early voting by personal appearance shall be conducted
by the City Secretary, who is hereby appointed the Early Voting Clerk, at the office of the
City Hall located at 5151 N. Colony Boulevard, The Colony, Texas. For the period early
voting for the election is permitted by law, the Early Voting Clerk shall keep said office
open on each day except Saturday, Sunday, and official State and/or national holidays, which
hours shall be from 8:00 a.m. to 5:00 p.m., commencing on Monday, July 24, 1995, and
terminating on Tuesday, August 8, 1995. For the purpose of additional early voting, the
Clerk shall keep said office open on Saturday, August 5, 1995, from 8:00 a.m. to 4:00 p.m.
Early voting, both by personal appearance and by mail, shall be by paper ballots,
which ballots shall conform to the requirements of the Code, and in so doing shall permit
the voters to vote yes or no for the proposed Charter amendments. Each elector shall
indicate his/her vote by marking in the space provided beside each proposition that he/she
wishes to vote for. The Early ballots shall be canvassed by the Early Ballot Board, which
is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge
appointed herein shall serve as the presiding officer and the alternate presiding officer,
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respectively, of the Early Ballot Board. The other election officers serving at the election
shall serve as the other members of the Early Ballot Board for the election.
Section 11. Delivery_ of Returns; Preservation of Election Record,~. In accordance
with Section 66.051 of the Code, immediately after the closing of the poll on the day of the
election, the election officers named in this Ordinance shall make and deliver the returns
of the election in quadruplicate as follows: one copy shall be retained by the Presiding
Election Judge, one copy shall be delivered to the Mayor of the City, one copy shall be
delivered to the voter registrar, and one copy of the returns, together with the ballot boxes
and all election supplies, shall be delivered to the City Secretary. All election records and
supplies shall be preserved by the City Secretary in accordance with the Code.
Section 12. Canvassin of Returns. In accordance with the Code, the City Council
of the City shall convene on August 14, 1995, at 7:30 p.m. to canvass the returns of the
election.
Section 13. Necessary Actions. The Mayor and the City Secretary of the City, in
consultation with the City Attorney, are hereby authorized and directed to take any and all
actions necessary to comply with the provisions of the Code in carrying out and conducting
the election, whether or not expressly authorized herein.
Section 14. Effective Date. This Ordinance shall be in force and effect fi.om and
after its passage, and it so ordained.
PASSED AND APPR~OV~D BY THE C~ITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, this ,_O-'<~ day of ( ~ ,1995.
A T: ~~, ~ Mayor
City Secretary
City of The Colony
AP?3~~_~O FORM:
~ty ~Attomey
City of The Colony
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PROPOSED CHANGES TO THE CHARTER
OF THE CITY OF THE COLONY, TEXAS
Sec. 2.04. Member qualification.
(b) If the mayor or any council member fails to maintain the foregoing
qualifications or whose indebtedness to the City of The Colony is delinquent or is convicted
of a crime involving 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.
PROPOSED AME~NDMENT TO SECTION 2.04(b)
ff the mayor or any council member fails to maintain the
foregoing qualifications, or is convicted of a felony or of a Clax~
A mi-~lemeanor, 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 mks three (3) consecutive regularly scheduled meetings,
without valid excuse, the city council must, at its neat regular
meeting, declare a vacancy to e~dst and shall fill said vacancy aa
set forth in section 2.06 of this charter.
Sec. 2.04. Member qualification.
(c) If the mayor or any council member files an application to be a candidate for
election to a public office in this state, other than for reelection to his own position as mayor
or council member, such filing shall constitute a forfeiture and vacation of his office. The
remaining members of the city council wiil fill said vacancy as set forth in section 2.06 of this
charter.
PROPOSED AMI~.NDMENT TO SECTION 2.04(c)
In the event any one of the six (6) council members shall
become a candidate for election to the office of msyor, or in
the event the mayor or any council member shall become a
candidate for election to any place on the council other than the
office he is presently holding, such candidate shall tender his
resignation from the office he presently holds which shall be
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effecllve as of the date of such election without any further act
of acceptance. In the event the mayor or any one of the six (6)
council members shall become a candidate for election to any
other public office in the state, such candidate shall tender his
resignation from the office he presently holds which shall be
effective as of the date of his being sworn to that office, without
any further act of acceptance. The remaining members of the
city council shall fill said vacancy as set forth in Section 2.06 of
thin Charter.
Sec. 2.06. Filling of vacancies.
(lst paragraph)
A single vacancy in the council will be filled within thirty (30) days of the occurrence
of the vacancy by a majority vote of the remaining members of the council by selection of
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.
PROPOSRD AMENDI~ffi~NT TO SECTION 2.06
(1st paragraph)
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 case may be, by selection of a person
qualified for the position as desou~l in thi.q Charter. This
appointee shall serve for the remainder of the unexpired term
for such office.
Sec. 3.02. Franchise.
The city council shall have power to grant, amend, renew or extend by ordinance all
franchises of all public utilities of every character operating within the City of The Colony.
PROPOSF~D AM~.NDMENT TO SECTION 3.02
The city council shall have the power to grant, amend, renew or
extend by ordinance all franchises of all public utilities, of every
character, including cable television, operating within the City
of The Colony as required by applicable law.
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Sec. 3.07. Establishment of administrative departments.
There shall be such administrative departments as may be established by the council.
The council shall 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. The council shall employ a city attorney. No employee of the city may hold
the office of member of the council, including mayor, and no member of the council,
including the mayor, may become an appointed officer or employee of the city within one
year after vacating such office.
PROPOSF. r) AMENDMI~.NT TO SECTION 3.07
No employee of the city may hold the office of member of the
council, including mayor, and no member of the coundl,
including mayor, may be an appointed officer or employee of
the city within two (2) years after vacating such office.
Sec. 4.06. Residency requirement.
All department heads, and other employees as may be prescribed by ordinance, shall
be required to live within the city limits of The Colony. All persons hired for such positions
shall be allowed one year to comply with this provision. The city council may waive the
residency requirement on an individual case basis with just cause and open to public
inspection.
PROPOSED AMENDMENT TO SECTION 4.06
The city manager and city secretary as may be prescribed by
ordinance, shall be required to live within the city limits of The
Colony. All persons hired for such positions shall be allowed
one year to comply with thi~ pmv~ion.
Sec. 4.10. Department of police.
There shah be established and maintained a department of police to preserve order
within the city and to secure the residents of said city from violence and the property therein
from injury or loss.
(a) Chief of police: The chief of police shall be the chief administrative officer of
the department of police. He shall, with the approval of the city manager,
appoint and remove the employees of said department and shall perform such
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duties as may be required of him by the city council. The chief of police shah
be appointed by the city manager with the approval of the city council for an
indefinite term. The chief of police shall be responsible to the city manager
for the administration of his department and the carrying out of the directives
of the city council. He may be removed from office by the city manager with
the approval of the city council.
(b) Specialpolice: No persons except as otherwise provided by general law or the
charter or the ordinances passed pursuant thereto shah act as special police
or special detective.
PROPOSI~.D AMI~NDMI~.NT TO SECTION 4.10
Delete in its entirety.
Sec. 7.01. General election.
The general city election shall be held annually on the first Saturday of April at which
time officers will be elected to fill those offices of council, including mayor, which become
vacant that year. The council shall adopt an ordinance or resolution for the conduct of the
election. Each candidate for city council shah file for one of the vacant places or mayor and
shall be elected by obtaining a majority of the votes that are cast for that particular place.
PROPOSED AMI~NDMI~NT TO SECTION 7.01
The general city election shall be held annually on the date
preacnT~l by the Texas Election Code, as mended.
Sec. 7.07. Power of recall.
The citizens of The Colony reserve the power to recall any member of the council,
including the mayor, and may exercise such power by filing with the city secretary a petition,
signed by qualified voters of the city equal in number to at least thirty (30) percent of the
qualified voters of the city, demanding the removal of a member of the council. The petition
shah be signed and verified in the manner required in section 8.03, shah contain a general
statement of the grounds for which the removal is sought, and one of the signers of each
petition paper shah make an affidavit that the statements therein made are true.
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PROPO6ED AMENDM~.NT TO SECTION 7.07
The citizens of The Colony reserve the power to recall any
member of the council, including the mayor, and may exercise
such power by filing with the city secreta~ a petition, obtained
from the city secretary's office, signed by qualified voters of the
city equal in number to at least thirty percent (30%) of the
qualified voters of the city, demanding the removal of a member
of the council In order for the petition to issue, any qualified
voter of the city shall make and ~e with the city secretary an
affidavit containing the name of any member of the city coancfl
whose removal is sought, which said affidavit shall distinctly and
specifically state the ground or grounds upon which such
removal is predicated. The city secretary shall deliver to the
affiant making such charges, copies of petition blanks for
demanding such removal, printed on forms which shall be kept
on hand. Such blanks shall be issued by the city secretary with
his si_onature thereto attached, and they shall be dated and
addressed to the city coanCl], indicate the person to whom
issued, and shall state the ground or grounds as contained in the
initial affidaviL A recall petition to be effective must be
returned and filed with the city secretary within forty-five (45)
days after its issuance.
Sec. 9.01. Tax assessor-collector.
There shall be a city tax assessor-collector whose appointment shall be made by the
council and who shah serve at the pleasure of the council. The tax assessor-collector shall
give a surety bond for the faithful performance of his duties in a sum which shall be fixed
by the council
PROPOSED AMENDMENT TO SECTION 9.01
There shall be a city tax collector whose appointment shal~ be
made by the council and who shall serve at the pleasure of the
coancfl. The tax collector sha{~ give a surety bond for the
faithful performance of his duties in a sum which shall be fixed
by the council. In lieu of appointing a tax collector, the council
may contract for such services.
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Sec. 9.08. Board of equalization.
Each year, prior to May fifteenth, the council shah appoint a board of equalization
composed of no fewer than three (3) nor more than five (5) persons who shall be qualified
voters and real property owners in the city, none of whom shall be employees, officers, or
members of the council. At the same meeting that the council appoints such board it shall
fix the time and place of the first meeting of such board, which shall not be later than the
first day of June. The city assessor-collector shall act as secretary to said board. A majority
of said board members qualified and serving shall constitute a quorum for the transaction
of business. Members of said board, while serving, shall receive such compensation as may
be provided by the council and shall perform no other duties for the city. The board of
equalization shall have such powers as enumerated herein and such additional powers as
may be prescribed by ordinance, and statutes of the State of Texas as now or hereafter
amended and shall be governed by such rules and regulations as may be prescribed by
ordinance, but may adopt such further rules and regulations of its own which are not in
conflict with any city ordinance or law of the state, namely:
(1) To elect a chairman from its membership who shall preside at all meetings of
the board.
(2) To adopt regulations regarding the procedure of assessment review.
(3) To adjourn and reconvene as necessary after its first meeting, to perform its
duties.
(4) To review, on complaint of property owners, assessments made by the tax
assessor-collector for the purposes of taxation of both real and personal
property within the city.
(5) To hold hear/ngs, administer oaths and take testimony.
(6) To compel the production of all books, documents and other papers pertinent
to the investigation of taxable values of any person, firm or corporation having
or owning property within the corporate limits of the city subject to taxation
and to punish for contempt as provided by ordinance.
(7) To correct any errors that may appear on the city assessor-collector's lists or
books.
(8) To exam/ne, and if necessary, rev/se the assessment as presented by the tax
assessor-collector to the end that all property within the city shah be assessed
as fa/rly and un/formly as possible.
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(9) To give notice of the date, time and place of all public meetings of the board
at least ten (10) days prior to such meetings by advertising same in the official
newspaper of the city.
PROPOS~.r~ AMENDMENT TO SECTION 9.08
Delete in its entirety.
Sec. 9.09. Increase of assessment by board.
Whenever the board shall find it their duty to raise the value of any property
appearing on the lists or books of the assessor-collector, it shall, after having examined such
lists and books and corrected all errors appearing therein, adjourn to a day not less than ten
(10) nor more than fifteen (15) days from the date of adjournment and shall cause the
secretary of the board to given written notice to the owner of said property or to the person
rendering same, or the time which the board has adjourned and that such owner or person
rendering said property may at any time appear and show cause why the value of said
property should not be raised. Such notice shah be served by addressing same to such
person's last known address and depositing same, postage paid, in the U.S. mail.
PROPOSED AI~.NDMENT TO SECTION 9.09.
Delete in its entirety.
Sec. 9.10. Records: Certification and adoption.
The board shall be required to keep an accurate record of all its proceedings which
shall be available for public inspection. Immediately upon completion of its work, the board
shall certify its approval of the assessment rolls which shall be returned to the council, which
shall thereupon certify and adopt the same as the assessment rolls to be used for the
collection of taxes for the current year. Should the council fail to certif}, and adopt the tax
rolls at the council meeting where such tax rolls are submitted, same shall be deemed to
have been finally certified and adopted by the council and same shah be and become the
valid tax rolls of the city. The tax assessor-co/lector shall thereafter cause tax statements to
be mailed to each person, firm or corporation named upon the tax rolls.
PROPOSED AMENDM~.NT TO SECTION 9.10.
Delete in its entirety.
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