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HomeMy WebLinkAboutOrdinance No. 2011-1891CITY OF THE COLONY, TEXAS ORDINANCE NO. 2011-1891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON SATURDAY, MAY 14, 2011, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF THE COLONY, TEXAS, ELEVEN (11) PROPOSED HOME-RULE CHARTER AMENDMENTS; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code, as amended (hereinafter referred to as the "Code") establishes Saturday, May 14, 2011, as a "uniform election date" for the purposes of conducting an election; and 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 of The Colony for their adoption or rejection thereof certain proposed amendments to the existing Home-Rule Charter of the City of The Colony, Texas, pursuant to Section 9.004(a) of the Texas Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Findings. That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct legislative findings and are adopted as part of this Ordinance for all purposes. Section 2. Election Order; Election Date; Purpose of Election. That a special election of the City of The Colony, shall be held on the 14th day of May, 2011, between the hours of seven o'clock a.m. (7:00 a.m.) and seven o'clock p.m. (7:00 p.m.) to consider eleven (11) ballot propositions for amendments to the home- rule charter. Section 3. Proposed Charter Amendments. That at the Election the following amendments to the City Charter shall be submitted to the resident, qualified voters of the City of The Colony, Texas: PROPOSITION NO. I Shall the City Charter be amended throughout to (A) correct non-substantive errors such as misspellings, punctuation, grammar and sentence structure; (B) provide non-substantive clarifications and include better descriptive language of the matters addressed in the Charter; (C) conform notice, publication and election requirements to state law; (D) authorize the provision of certain notices on the City's Internet website; (E) revise references to repealed or obsolete provisions of state law; and (F) reformat and reorganize the Charter? PROPOSITION NO. 2 Shall Section 1.08 of the City Charter be amended, and Section 12.10 of the City Charter be added to read as follows: "Sec. 1.08. Specific powers. The City of The Colony may use a corporate seal; may contract and be contracted with; may cooperate with the government of the State of Texas and any agency thereof, the federal government or any agency thereof, or any political subdivision of the State of Texas." "Sec. 12.10. No Waiver of Immunity. Nothing in this charter is intended to waive the city's governmental immunity from suit and/or damages." PROPOSITION NO.3 Shall Section 2.04 of the City Charter be amended to read as follows: "Sec. 2.04. Member qualification. (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. 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 election day. (b) If any council member fails to maintain the qualifications of office as set forth in this charter or by Texas law, or is convicted in any court of a felony or a Class A or Class B misdemeanor or a crime involving moral turpitude, or holds any other public office other than as a notary public or a member of the naval or military reserve or national guard, or shall move from the City of The Colony, or fails to attend three (3) consecutive regular meetings of the city council, without first being excused by the city council, then said council member shall automatically forfeit his office resulting in a vacancy and shall not hold over in office, and the city council shall fill said vacancy as set forth in section 2.06 of this charter. (c) In the event any one of the six (6) council members shall become a candidate for election to the office of mayor, 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 effective 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 2 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 this charter. (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. (e) No member of city council may become an appointed officer or employee of the city within one (1) year after vacating such office. No member of city council may become city manager of the city within two (2) years after vacating such office, consistent with section 4.01 of this charter." PROPOSITION NO.4 Shall Section 2.08 of the City Charter be amended to read as follows: "Sec. 2.08. City council compensation. The council members shall receive compensation of $100.00 per month. 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 city council at a regular meeting." PROPOSITION NO. 5 Shall Section 12.11 of the City Charter be repealed, and Section 3.07 of the City Charter be amended to read as follows: "Sec. 3.07. Establishment of administrative departments, offices and agencies. (1) The city manager may establish, abolish, redesignate and/or combine departments, offices or agencies in addition to those provided for by this charter, and may prescribe the functions and duties of such departments, offices and agencies. (2) Except as provided elsewhere in this charter, all departments, offices and agencies of the city shall be under the direction and supervision of the city manager and shall be administered by officers appointed by and subject to the direction and supervision of the city manager. The city manager may, with the consent of the city council, serve as the head of one (1) or more city departments, offices or agencies or appoint one (1) person as head of two (2) or more of them." PROPOSITION NO. 6 Shall Section 7.11 of the City Charter be added to read as follows: "Sec. 7.11. Limitations on recall. No recall petition shall be filed against any officer of the city within six (6) months after such person's election. A member of city council is not subject to more than one (1) recall election during any one (1) term of office." PROPOSITION NO. 7 Shall Section 8.01 of the City Charter be added to read as follows: "Sec. 8.01. Power of initiative. The citizens of The Colony reserve the power of direct legislation by initiative, and in the exercise of such power, may propose any ordinance not in conflict with this charter, or state law. The power of initiative shall not extend to an ordinance relating to the budget or capital program, appropriation of money, issuing of bonds, levy of taxes, salaries of city officers or employees, or any zoning amendment or amendment to the City's comprehensive plan. Any initiated ordinance may be submitted to the city council by a petition which must be signed by qualified voters of the city equal in number to at least fifteen percent (15%) of the qualified voters." PROPOSITION NO.8 Shall Section 8.02 of the City Charter be added to read as follows: "Sec. 8.02. Power of referendum. The citizens of The Colony reserve the power to approve or reject at the polls any ordinance enacted by the city council which is subject to the initiative process under this charter, or state law. The power of referendum shall not extend to an ordinance relating to the budget or capital program, appropriation of money, issuing of bonds, levy of taxes, or any zoning amendment or amendment to the City's comprehensive plan. Prior to or within thirty (30) days after the effective date of any ordinance which is subject to referendum, a petition signed by qualified voters of the city, equal in number to at least fifteen percent (15%) of the number of qualified voters of the city, may be filed with the city secretary requesting that any such ordinance be either repealed or submitted to a vote by the people. When such petition has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless it is approved by the voters, as herein provided." PROPOSITION NO.9 Shall Section 10.02 of the City Charter be amended to read as follows: "Sec. 10.02. Budget. The city manager shall submit a proposed budget to the city council prior to the thirty-first (31 st) day of July each year. The budget shall provide a complete financial plan for the fiscal year and shall contain, but not be limited to the following: (a) A budget message that shall consist of an outline explaining the proposed financial policies of the city for the upcoming fiscal year. (b) A consolidated statement of anticipated receipts and proposed expenditures of all funds. (c) Tax levies and tax collections from the previous fiscal year. (d) A proposed list of upcoming expenditures for all bonds. (e) A projected list of capital projects which are proposed to be undertaken within the three (3) next succeeding years. (f) Other such information as may be required by city council." PROPOSITION NO. 10 Shall Section 11.03 of the City Charter be amended to read as follows: "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 this section 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," consistent with chapter 171 of the Texas Local Government Code, as amended. Any willful violation of this section shall constitute malfeasance in office and any officer or employee found guilty thereof shall thereby forfeit his or her office or position. Any violation of this section with the knowledge, express or implied, of the person or the corporation contracting with the governing body of the City shall render the contract involved voidable by the city manager or the city council. PROPOSITION NO. 11 Shall Section 11.05 be added to the City Charter to read as follows: "Sec. 11.05. Boards and commissions. No person serving on any board, commission or committee may be related within the second degree by consanguinity or the first degree by affinity to any city council member or other member serving on the same board, commission or committee." Section 4. Voting System, Ballot Proposition. Voting on the date of the election, and early voting therefore, shall be by the use of a lawfully approved voting system. The preparation of the voting equipment to be used in connection with such voting system and the official ballots for the election shall conform to the Texas Election Code, as amended, so as to permit the electors of the City of The Colony to vote "Yes" or "No" for the eleven (11) home-rule charter ballot propositions. Said ballots s shall have printed therein such provisions, markings, and language as may be required by law and the Proposition shall be set forth on said ballots in substantially the following form and language: SPECIAL ELECTION City of The Colony, Texas May 14, 2011 OFFICIAL BALLOT Charter Amendment Propositions That at the Election the following amendments to the City Charter shall be submitted to the resident, qualified voters of the City of The Colony, Texas: PROPOSITION NO. 1 YES NO Shall the City Charter be amended throughout to (A) correct non-substantive errors such as misspellings, punctuation, grammar and sentence structure; (B) provide non-substantive clarifications and include better descriptive language of the matters addressed in the Charter; (C) conform notice, publication and election requirements to state law; (D) authorize the provision of certain notices on the City's Internet website; (E) revise references to repealed or obsolete provisions of state law; and (F) reformat and reorganize the Charter? PROPOSITION NO. 2 YES NO Shall Section 1.08 of the City Charter, entitled "Specific powers" be amended to (A) remove the "may sue and be sued" language contained in the City Charter; (B) remove the "may be impleaded in all courts in all matters whatsoever" language contained in the City Charter; and (C) add Section 12.10 to the City Charter to provide that nothing in the City Charter is intended to waive the City's governmental immunity from suit and/or damages? PROPOSITION NO.3 YES NO Shall Section 2.04 of the City Charter, entitled "Member qualification" be amended to (A) clarify that any City Council member may forfeit his or her office for the following reasons: he or she fails to maintain the qualifications of office; be convicted of a felony, class A or B misdemeanor, or crime involving moral turpitude; holds another public office; moves from the City of The Colony; or fails to attend three (3) consecutive regular meetings without first being excused by City Council; (B) clarify the forfeiture of office shall be automatic resulting in a vacancy, and shall not holdover in the office; (C) clarify any forfeiture in office shall be filled by a special election; (D) amend the City Charter to provide that no member of City Council may become an appointed officer or employee of the city from the current two (2) years to one (1) year after vacating office, and (E) add to the City Charter that no member of City Council may become city manager within two (2) years after vacating such office? PROPOSITION NO.4 YES NO Shall Section 2.08 of the City Charter, entitled "Council compensation" be amended to authorize the City Council members to receive compensation from the current $25.00 per regular meeting to $100.00 per month? PROPOSITION NO.5 YES NO Shall Section 3.07 of the City Charter, entitled "Establishment of administrative departments" be amended to provide the following: (A) rename the section "Establishment of administrative departments, offices and agencies;" (B) city manager may establish, abolish, redesignate and/or combine departments, offices or agencies; (C) City Council may, after hearing recommendations of the city manager, may prescribe the functions and duties of such departments, offices and agencies; (D) except as provided elsewhere in the City Charter, all departments, offices and agencies of the City shall be under the direction and supervision of the city manager and shall be administered by officers appointed by and subject to the direction and supervision of the city manager; (E) city manager may, with the consent of the City Council, serve as the head of one (1) or more city departments, offices or agencies or appoint one (1) person as head of two (2) or more of them; and (F) repeal Section 12.11 of the City Charter which currently provides that City Council by ordinance shall establish procedures for appeals for all employee dismissals and such appeals shall be through channels with the City Council being the final authority? PROPOSITION NO.6 YES NO Shall Section 7.11 of the City Charter, entitled "Limitations on recall," be amended to provide the following: (A) that no member of the City Council may be recalled within six (6) months after the person's election to City Council; and (B) no member of City Council shall be subject to more than one (1) recall election during any one (1) term of office? PROPOSITION NO. 7 YES NO Shall Section 8.01 of the City Charter, entitled "Power of initiative," be amended to provide that the power of initiative shall not extend to an ordinance relating to the budget or capital program, appropriation of money, issuing of bonds, levy of taxes, salaries of City officers or employees, or any zoning amendment or amendment to the City's comprehensive plan? PROPOSITION NO.8 YES NO Shall Section 8.02 of the City Charter, entitled "Power of referendum," be amended to provide that the power of referendum shall not extend to an ordinance relating to the budget or capital program, appropriation of money, issuing of bonds, levy of taxes, or any zoning amendment or amendment to the City's comprehensive plan? PROPOSITION NO.9 YES NO Shall Section 10.02 of the City Charter, entitled "Budget" be amended to provide the city manager shall submit a proposed budget to the City Council prior to the thirty-first (31st) day of July each year, and the budget shall provide a complete financial plan for the fiscal year and shall contain, but not be limited to the following: a budget message that shall consist of an outline explaining the proposed financial policies of the city for the upcoming fiscal year; a consolidated statement of anticipated receipts and proposed expenditures of all funds; tax levies and tax collections from the previous fiscal year; a proposed list of upcoming expenditures for all bonds; a projected list of capital projects which are proposed to be undertaken within the three (3) next succeeding years; and other such information as may be required by City Council? PROPOSITION NO. 10 YES NO Shall Section 11.03 of the City Charter, entitled "Conflict of interest," be amended to provide the following: (A) it shall be grounds for removal from office or termination of employment with the City if an official knowingly violates this Charter provision 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," consistent with chapter 171 of the Texas Local Government Code; (B) any willful violation of this section shall constitute malfeasance in office and any officer or employee found guilty thereof shall thereby forfeit his or her office or position; and (C) any violation of this section with the knowledge, express or implied, of the person or the corporation contracting with the governing body of the City shall render the contract involved voidable by the city manager or the City Council? PROPOSITION NO. 11 YES NO Shall Section 11.05 be added to the City Charter, entitled "Boards and commissions," to provide no person serving on any board, commission or committee may be related within the second degree by consanguinity or the first degree by affinity to any City Council member or other member serving on the same board, commission or committee`? Section 5. Election Precincts; Polling Place. That the City of The Colony does hereby designate Election Day polling locations for the voters of the City of The Colony. The Election Day polling places are hereby designated to be at the following locations: DENTON COUNTY ELECTION PRECINCTS 109 AND 222 POLLING PLACE - Peters Colony Elementary 5101 Nash Dr. The Colony, Texas DENTON COUNTY ELECTION PRECINCTS 201, 202, 219, AND 221 POLLING PLACE - Carney Elementary 4949 Arbor Glen The Colony, Texas DENTON COUNTY ELECTION PRECINCTS 214 AND 216 POLLING PLACE - Denton County Government Center 6301 Main St. The Colony, Texas Section 6. Early VotinLy; Early Voting Polling Place. That the early voting by personal appearance shall be conducted on the following dates and times: Monday, May 2 Tuesday, May 3 Wednesday, May 4 Thursday, May 5 Friday, May 6 Saturday, May 7 Monday, May 9 Tuesday, May 10 8:00 a.m. - 5:00 p.m. 8:00 a.m. - 5:00 p.m. 8:00 a.m. - 5:00 p.m. 8:00 a.m. - 5:00 p.m. 8:00 a.m. - 5:00 p.m. 8:00 a.m. - 5:00 p.m. 7:00 a.m. - 7:00 p.m. 7:00 a.m. - 7:00 p.m. Any eligible Denton County voter may cast their vote during the early voting period at any of the Denton County Early Voting sites as depicted in Exhibit A of this Ordinance. Section 7. Election Compliance. This election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In all City elections, the Mayor, City Secretary, or City Council shall perform each act as is required to be performed, in connection with the holding and consummation of such election, and to give effect to the intent of this Ordinance. Section 8. Voting Qualification; Voting Materials. That all registered, qualified voters of the City shall be permitted to vote at the election. In addition, the election materials enumerated in the Texas Election Code, as amended, shall be printed in English and Spanish for use at the polling places and for early voting for the Election. Section 9. Notices. That the City Secretary is hereby ordered and directed to give notice of the election by: (a) Publishing the notice of the election at least once, not more than thirty (30) days nor less than ten (10) days before the election in the official newspaper of the City, or between April 14, 2011 and May 4, 2011; (b) Filing with the City Secretary, a copy of the notice of the election; 10 (c) Posting a copy of the notice on the bulletin board used for posting notices of the meetings of the City Council at least twenty-one (21) days before the election, by April 25, 2011; and (d) Delivering notice of the election to the Denton County clerk not later than the 60th day before election day, or March 15, 2011. The City Secretary shall file with the City Secretary a copy of the Publisher's Affidavit, which complies with the Texas Election Code, as amended, that the notice was published, with the name of the newspaper and the dates of publication. Section 10. Severability Clause. If any word, section, article, phrase, paragraph, sentence, clause, or portion of this Ordinance or application thereto to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity which remaining portions shall remain in full force and effect. Section 11. Effective Date. This Ordinance shall take effect immediately upon its adoption and publication in accordance with and as provided by law and the City Charter. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS P-) day of FEBRUARY, 2011. Joe Mccourry, Mayor ATTEST:. _),A Christie Wilson, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney I E Propose EV Polling Sites for May 2011 Aubrey City Hall - 107 S Main St, Aubrey Denton Main - 401 W Hickory Copeland Gov Center -1400 FM 424, Cross Roads Heritage Lakes Club House - 3949 Village Blvd., Frisco Argyle Town Hall - 308 Denton, Argyle Corinth City Hall - 3300 Corinth Pkwy, Corinth Denton County Administrative Complex - 535 S Loop 288, Denton Double Oak Town Hall - 320 Waketon, Double Oak Flower Mound Police And Court Bldg - 4150 Kirkpatrick, Flower Mound Highland Village City Hall - 1000 Highland Village Road, Highland Village Justin City Hall - 415 N College, Justin Krum ISD Admin Bldg - 809 E McCart, Krum Lake Dallas City Hall - 212 Main St, Lake Dallas Lewisville Municipal Annex - 1197 W Main St, Lewisville Little Elm Town Hall -100 W. Eldorado Pkwy, Little Elm Carrollton Public Library - 4220 N Josey, Carrollton PPISD Admin Office - 829 S Harrison, Pilot Point Sanger First Baptist Church, 708 S. 5th St, Sanger The Colony Government Center - 6301 Main St., The Colony Trophy Club Town Hall -100 Municipal Dr, Trophy Club First Baptist Church of Roanoke - 209 N Pine, Roanoke