HomeMy WebLinkAboutOrdinance No. 140ORDINANCE NO.�
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, PROVIDING FOR
THE SUBMISSION OF CERTAIN PROPOSED CHARTER AMENDMENTS TO THE VOTERS
AT THE REGULAR ANNUAL MUNICIPAL ELECTION TO BE HELD ON APRIL 4,
1981; DESIGNATING THE POLLING PLACES AND THE HOURS OF VOTING;
APPOINTING ELECTION JUDGES AND PROVIDING THE MANNER IN WHICH NOTICE
OF SUCH ELECTION SHALL BE GIVEN.
TEXAS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
SECTION 1.. That in accordance with the provisions of Article 1170 of Vernon's
Revised Civil Statutes of the State of Texas, there be shall be submitted to the voters
of the City of The Colony at the regular annual municipal election to be held on April
4, 1981, the following proposed amendments to the Home Rule Charter of the City
of The Colony.
SECTION 2. That said amendments to the Home Rule Charter to be submitted
to the qualified voters are as follows:
AMENDMENT NUMBER 1
That Section 1.04 be amended so as to hereafter provide as follows, to -wit:
"Section 1.04 Extension of Boundary by Council.
The City Council shall have power by ordinance
to provide for the alteration and extension of
said boundary limits by the annexation of
additional territory lying adjacent to the City
with or without the consent of the owners of
the territory or the inhabitants annexed. Upon
the passage of any such ordinance, the boundary
limits of the City shall thereafter be as fixed
in such ordinance and when any additional.
territory has been so annexed, same shall be a
part of the City of The Colony and the property
situated therein shall bear its pro rata part of
the'taxes levied by the City and the inhabitants
thereof shall be entitled to all of the rights,
privileges, and responsibilities of citizens of the
City and shall be bound by the acts, ordinances,
resolutions and regulations of the City."
FOR AGAINST
The Council shall determine its own rules and
order of business. Provisions shall be made for
the making of minutes which shall be a. public
record. The vote of Council members on any
matter shall be recorded in the minutes."
FOR AGAINST
AMENDMENT NUMBER 4
That Section 3.10 be amended so as to hereafter provide as follows, to -wit:
"Section 3.10 Method of Adoption: General Ordinances
(Para 2.)
The City Attorney shall approve as to the form
thereof, all ordinances prior to the enactment
thereof by the City Council. All ordinances
shall be posted upon the bulletin board at city
hall, which is provided for notices of Council
meetings, and shall be posted not less than
seventy-two (72) hours prior to the meeting at
which such ordinances are enacted, provided
that the Council may dispense with the posting
requirement if it finds that an emergency exists
in the preservation of the public health, safety,
general welfare, or public property.
(Para. 3 1st sentence)
The City Secretary shall give notice of the
enactment of every ordinance imposing any
penalty, fine or forfeiture, by causing the
caption of said ordinance to be published one
(1) time in the official newspaper of the City."
That Section 3.1.1. be deleted.
FOR AGAINST
AMENDMENT NUMBER 5
That paragraph 2 of Section 7.03 be amended so as to hereafter provide as
follows, to -wit:
"Section 7.03' Official Ballot
(Para. 2)
The names of all candidates for office, except
such as may have been withdrawn, or deceased,
shall be placed, on the ballot without party
designations and in the order determined in a
drawing of lots conducted by the Citv
Secretary."
FOR AGAINST
AMENDMENT NUMBER 6
That Section 9.07 be deleted.
FOR AGAINST
AMENDMENT NUMBER 7
That Section 10.03 be amended so as to hereafter provide as follows, to -wit:
"Section 10.03 Proposed Budget
The proposed budget shall be filed with the
City Secretary not less than thirty ( 30) days
prior to the, time the Council makes its tax
levy for the current fiscal ,year, and shall be
available for the inspection of any taxpayer."
FOR AGAINST
AMENDMENT NUMBER 8
That Section 10.05 be amended so as to hereafter provide as follows, to -wit:
FOR
to -wit:
"Section 10.05 Proceeding on Adoption of Proposed Budget
After public hearing, the Council shall act upon
the budget submitted, making such changes as
in their judgment the law warrants and the best
interests of the taxpayers of the City demand.
No budget shall be adopted or appropriations
made unless the total estimated income and
funds available shall be equal to or in excess
of such budget or appropriations, except as
otherwise provided by law."
AGAINST
AMENDMENT NUMBER 9
That Section 2.04 be amended by adding subsection e. to provide as follows,
FOR.
"Section 2.04 Member Qualification
(a. and b. unchanged)
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 will fill said vacancy as set
forth in Section 2.06 of this Charter."
AGAINST
SECTION 3. The polling place of said election shall be located in the Camey
Elementary School, The Colony, Texas, and shall be open from 7:00 o'clock a.m. to
7:00 o'clock p.m. on the date of the election.
SECTION 4. That said election for the adoption of amendments to the Home
Rule Charter shall be held in accordance with the requirements of the Election Code
of the State of Texas.
SECTION 5. None but legally qualified voters of the City of The Colony shall
be entitled to vote at said election.
SECTION 6. Notice of the election for the submission of the amendments
shall be given by publication of this or. idnance in the official newspaper of the City
of The Colony on the same day in each of two (2) successive weeks, the date of the
first publication to be not less than fourteen (14) days prior to the date set for the
election. Notice of said election shall also be posted in three (3) public places within
the limits of the City at least thirty (30) days before the election date. The return
of such postings shall be made by affidavit of the City Secretary.
SECTION 7. That , be and he is hereby, appointed
presiding Judge of said election at the polling place and that
be, and he is hereby, appointed alternate presiding Judge of said election at the polling
place, and the presiding Judge shall appoint as many election Clerks as are necessary
for the proper conduct of the election. All Judges and Clerks shall be qualified voters
of the City. After holding said election, the election Judge shall promptly make his
return to the City Secretary and to the Mayor, and the Secretary shall thereafter
present such returns to the City Council for canvassing of said election. The presiding
Judge shall be paid the sum of $3.50 per hour, plus an additional sum of $20.00 for
his services in delivering the returns of the election. The alternate presiding election
Judge shall be paid the sum of $3.50 per hour and each election Clerk shall. be paid
the sum
of $3.50
per
hour for
their services in
holding said election.
Such payments
shall not
exceed
the
maximum
amounts set out
in Article 3.08, Texas
Election Code,
provided that if any of the judges or Clerks appointed under this Section also serve
as Judge or Clerk of the regular annual municipal election held at the same time and
place, their payments shall not exceed the amounts set out herein for their services
in conducting both elections.
SECTION 8. Absentee voting for such election shall be held at the regular
office of the City Secretary at the City City Hall and said place of absentee voting
shall remain open for at least eight (8) hours on each day of absentee voting which
is not a Saturday, Sunday or official State holiday, beginning on the 20th day and
continuing through the 4th day preceding the date of said election. Said place of
absentee voting shall remain open between the hours of o'clock a.m. amd
o'clock p.m.
SECTION 9. This ordinance shall take effect immediately from and after its
passage as the law and charter in such cases provide.
READ AND PASSED ON FIRST READING ON THE —=DAY OF
LGA
1981.
FINALLY PASSED ON SECOND READING ON THE DAY OF
�.
1981. v
0
APPROVED:
MAYOR
ATTEST:
APPROVED AS TO LEGALITY
F HE FORM:
CITY ATTORNEY
FOR
'J
AMENDMENT NUMBER 2
That Section 2.01 be amended so as to hereafter provide as follows, to -wit -
"Section 2.01. Composition of Council
The legislative and governing body of the City
shall consist of a Mayor and six (6) Council
members, and shall be known as the "City
Council" of the City of The Colony."
That Section 2.03 be amended so as to hereafter provide as follows, to -wit:
"Section 2.03 Election Methods
a. Four (4) members of the Council, Places
3,4,5 and 6 shall be residents of and elected
by the qualified voters of single -member
geographical districts -of the City, as such
districts may from time to time be determined
by the City Council and created and described
by Ordinance. Places 1 and 2 and the Mayor
shall be elected by the qualified voters of the
entire City, commonly known as at large.
b. The City Council shall from time to time
create and describe by ordinance election
districts. Such districts shall be created so
that each will contain, as nearly as possible, a
population equivalent to the others, according
to the latest available census data.
c. Upon adoption of this Section, the City
Council shall forthwith draw the election
district boundaries and the district and at large
system shall take full effect with the next
regular annual municipal election."
That Section 2.09 be amended so as to hereafter provide as follows, to -wit:
"Section 2.09 The Presiding Officer, His Duties and Powers
The Mayor shall preside at meetings of the
Council, and shall be recognized as head of the
City government for all ceremonial purposes
and by the Governor for. purposes of military
law. He may participate in the discussion of
all matters coming before the Council and shall
be entitled to vote on any matter to the same
extent as any other Council member."
AGAINST
AMENDMENT NUMBER 3
That Section 2.1.2 be amended so as to hereafter provide as follows, to -wit:
112.12 Council to Establish Rules of Procedure of Voting