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HomeMy WebLinkAboutOrdinance No. 02-1348 CITY OF THE COLONY, TEXAS ORDINANCE NO. C'~ 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 THE 2ND DAY OF FEBRUARY 2002, FOR THE PURPOSE OF AMENDING THE HOME RULE CHARTER OF SAID CITY; DECLARING AN EMERGENCY AND PROVDING 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 February 2, 2002, 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 February 2, 2002, 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 444 valid and legal votes, and that each of the propositions in said election received the following votes: 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." For 228 Against 214 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." For 340 Against 99 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. For 347 Against 93 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." For 325 Against 113 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." For 319 Against 115 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. For 359 Against 79 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. Ifa 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. For 345 Against 93 PROPOSITION 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." For 283 Against 159 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." For 307 Against 129 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 funds 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." For 319 Against 116 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 coveting 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:" For 379 Against 56 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; (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; (f) 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 (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 from 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 if: (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 from 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 from further discussion of the matter at any public meeting. 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 For 327 Against 56 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, and 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 1. 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 the 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, and 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 adopted amendments to the Home Rule Charter become effective as soon as possible 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 5th day of February 2002. / '" Q- kBernetta i~enville-Shannon, Mayor Patti A. Hicks, T~C, City Secreta~ [SEAL]