HomeMy WebLinkAboutCity Council Resolutions (RESOLUTION R-16-4019)-08/18/2016RESOLUTION R-16-4019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS, CALLING A SPECIAL ELECTION FOR
NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE
REGISTERED VOTERS OF THE CITY OF COLLEYVILLE THE
ADOPTION OR REJECTION OF PROPOSED AMENDMENTS TO THE
EXISTING CITY CHARTER; DESIGNATING THE OFFICIAL POLLING
PLACES AND ADOPTING ELECTION OFFICIALS; PRESCRIBING THE
FORM OF THE BALLOTS; PROVIDING FOR NOTICE OF THE
ELECTION; AND PROVIDING GENERALLY FOR THE CONDUCT OF
THE ELECTION
WHEREAS, the Colleyville City Council has determined that certain
amendments and changes should be made to the Colleyville
City Charter which was originally adopted by the citizens of
Colleyville on January 15, 1977, and which was
subsequently amended on May 7, 2005; and
WHEREAS, the Colleyville City Charter has not been amended within the
two years preceding the proposed election date herein
designated; and
WHEREAS, the Colleyville City Council now deems it proper to submit
proposed amendments to the Colleyville City Charter to the
registered voters of the City of Colleyville for adoption or
rejection at a special election to be held on November 8,
2016.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all matters stated hereinabove are found to be true
and correct and are incorporated herein by reference as if
copied in their entirety.
Sec. 2. THAT the following ballot propositions shall be submitted to
the voters to amend the existing Charter of the City of
Colleyville:
Prouosition No. 1
Amend the Colleyville City Charter by adding Section 3.OlA, Limitations
on Terms to provide that no person shall serve as Mayor for more than
two (2) consecutive elected terms, and no person shall serve as a Council
Resolution R-16-4019
Page 2 of 8
Member for more than two (2) consecutive elected terms. Under no
circumstances may any person ever serve for more than twelve (12)
consecutive years in combination as a Council Member or Mayor. The
amendment shall be effective, at the next municipal election, shall apply
to all persons currently occupying the Office of Mayor or Council Member,
and shall apply to all municipal elections conducted after the date of
adoptiorr; provided however that this amendment will not cause a Council
Members' current term to be terminated prior to the completion of their
elected term.
FO R
AGAINST
Prouosition No. 2
Amend Section 3.09(c) to allow for electronic voting by City Council and
to provide that voting on nominations to City Boards, Committees, and
Commissions do not require a roll call vote.
FO R
AGAINST
Prouosition No. 3
Change Section 7.02 to provide
Secretary will require the approval
term.
that the appointment of the City
of the City Council, for an indefinite
Change Section 7.03 to provide that the appointment of the Police Chief
will require the approval of the City Council.
Change Section 7.04(A) to provide that the appointment of the Fire Chief
will require the approval of the City Council.
Change Section 7.05 to provide that the appointment of the Director of
Public Works will require the approval of the City Council.
Section 7.06 which provides that there shall be a Department of Finance
headed by the City Manager or his appointee by adding the words with
the approval of the City Council, for an indefinite term.
Resolution R-16-4019
Page 3 of 8
FO R
AGAINST
Pr000sition No. 4
To eliminate and delete Article XIII which provided for transitional
matters after the 2005 Charter amendments.
FO R
AGAINST
Proposition No. 5
To amend Section 14.02 "Personal Financial Interest" by adding the
underlined words shown below:
(F) Citizen Complaints. Any citizen of the City may file with
the City Secretary a statement of suspected conflict of
interest. Such statement of suspected conflict of interest
shall be filed within fifteen (15) days of the decision, or vote,
or if another event giving rise to an asserted violation of
paragraph C above, within fifteen (15) days of when the
citizen knew or reasonably should have known of the
asserted violation, and shall describe the complained of
conflict in reasonable detail. The City Council, or its
designee, shall respond in writing to a timely filed statement
of suspected conflict of interest, and the statement of
suspected conflict of interest and response of the City
Council shall be maintained in the public records of the City.
To amend Section 14.02 "Personal Financial Interest" by adding
subsection (K) as set forth below:
(K) Financial Disclosure and Business Conflict of Interest Forms
shall be provided by candidates for Mayor and City Council and by
applicants seeking appointments to the Planning and Zoning
Commission or the Zoning Board of Adjustment, and shall file such
forms within two (2) business days following the end of the
candidate filing period, or if for appointment, within two (2)
business days following the end of the application period stated in
the official City advertisement for application for the position. The
City Manager and the City Manager's senior staff inembers
Resolution R-16-4019
Page 4 of 8
(including any staff inember who is appointed with City Council
approval) shall also file the same within thirty (30) days of hiring.
All person(s), as outlined above, shall have a duty to file
supplemental disclosures annually and within five (5) business
days of an occurrence of any change in the information reflected in
the forms previously filed by the individual. These forms shall
include the following information:
(i) The location, size, and current use of all property
owned within the portion of Dallas, Denton and
Tarrant County north of Interstate 30 and east of
Interstate 35W, and that portion of Denton County
south of State Highway 114 and east of Interstate
35W, or held in trust by the person(s), as outlined
above, their spouse, and any dependent minor
children, or any business entity in which the person
has a financial interest.
(ii) The name and address of any person or corporation
which currently has or during the preceding twelve
(12) months has had a contractual relationship with
the City and from which the person(s), as outlined
above, their spouse, or dependent minor children
have received a fee, salary, or gift of value
exceecling one hundred dollars ($100.00).
(iii) The name and address of any corporation or
business, which currently has or in the preceding
twelve (12) months has had a contractual
relationship with the City, of which the person(s), as
outlined above, their spouse, or any dependent
minor children own more than two percent (2%) of
the outstanding equity interest or more than two
percent (2%) of the assets.
Resolution R-16-4019
Page 5 of 8
To amend Section 14.02 "Personal Financial Interest" by adding
subsectibn (L) as set forth below:
(L) The disclosure reporting obligations required by Section
14.02(K) apply to all of the relationships listed in this Section
14.02
FOR
AGAINST
Sec, 3. THAT such election shall be held and conducted in the City
of Colleyville, Texas, on Tuesday, November 8, 2016 by
Tarrant County pursuant to a Joint Election Agreement and
Contract for Election Services, with respect to such Special
Election approved by the City Council of the City of
Colleyville, Texas and the Tarrant County Elections
Ad m i n istrator.
Sec. 4. THAT the polling locations where registered voters shall cast
ballots for this Special Election will be designated in
accordance with the provisions of the Joint Election
Agreement and Contract for Election Services with Tarrant
County to include the polling locations as provided by
Tarrant County and as posted in accordance with the Texas
Election Code. Election officers for each polling place shall be
appointed and compensated pursuant to the Joint Election
Agreement and Contract for Election Services with Tarrant
County for said election on Tuesday, November 8, 2016.
The voting places shall be open from 7:00 a.m. to 7:00 p.m.
on the date of the Election.
Sec. 5. THAT the Early Voting Ballot Board shall be appointed and
designated in accordance with the provisions of the Joint
Election Agreement and Contract for Election Services with
Tarrant County.
Sec.6. THAT Early voting by personal appearance shall be
conducted at the Main Eariy Voting Location: Tarrant
County Election Center, 2700 Premier Street, Fort Worth,
Texas 76111; Colleyville City Hall, 100 Main Street,
Resolution R-16-4019
Page 6 of 8
Colleyville, Texas 76034; and at other early voting locations
established by Tarrant County, pursuant to the Joint Election
Agreement antl Contract for Election Services with Tarrant
County as provided and posted in accordance with the Texas
Election Code. Early Voting by personal appearance shall
commence on Monday, October 24, 2016, and continue
through Friday, November 4, 2016, as provided by the
Texas Election Code. The hours designated for Early Voting
by personal appearance shall be as follows:
October 24-October 28 Monday- 8:00 a.m. - 5:00
Frida .m.
October 29 Saturday 7:00 a.m. - 7:00
.m.
October 30 Sunday 11:00 a.m. - 4:00
.m.
October 31-November Monday- 7:00 a.m. - 7:00
4 Frida .m.
Sec. 7. THAT Frank Phillips, Tarrant County Elections Administrator,
2700 Premier Street, Fort Worth, Texas 76111 is hereby
appointed as Early Voting Clerk. Applications for a ballot by
mail must be received no later than the close of business on
Friday, October 28, 2016, and shall be submitted by:
Mailing address: Early Voting Clerk
Tarrant County Elections
P.O. Box 961011
Fort Worth, Texas, 76161-0011
Express Courier Delivery: Early Voting Clerk
Tarrant County Elections
P.O. Box 961011
Fort Worth, Texas, 76161-3011
Fax: 817-831-6118
Email: votebymail@tarrantcounty.com
Sec. 8.
Resolution R-16-4019
Page 7 of 8
THAT the election shall be conducted according to the Texas
Election Code and the Charter of the City of Colleyville.
Sec. 9. THAT the notice of the election on the proposed Charter
amendments shall be given by publication of the propositions
on the same day of two successive weeks in a newspaper of
general circulation published within the City of Colleyville, the
date of the first publication to be not less than fourteen (14)
days before the election date set herein. Such notice must
include a substantial copy of the proposed amendments.
Sec.10. THAT the Charter of the City of Colleyville, containing all
proposed revisions, shall be kept in the office of the City
Secretary of the City of Colleyville, and copies of it shall be
made available to any person upon request free of charge.
The notices required in Section 9 above shall state that the
proposed text of the Charter of the City of Colleyville will be
available to all interested persons in the office of the City
Secretary of the City of Colleyville.
Sec. 11, THAT should any section, provision, word, phrase, or clause
of this resolution or the application thereof to any person, or
circumstance be held to be invalid, unconstitutional or
ineffective, the remainder of the resolution and the
application of such provisions to the other persons or
circumstances shall not be affected thereby.
Sec. 12. THAT any non-substantive changes that need to be made for
the ballot, in particular, removing underlining or bolding from
the text as presented above is hereby approved.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF �( AYES, _(_ NAYS, AND � ABSTENTIONS
ON THIS THE 16T" DAY OF AUGUST 2016.
Mayor Richard Newton g��
Place 1, Tammy Nakamura ��
Place 2, Bobby Lindamood q��
Place 4, ]ody Short �
Mayor Pro Tem Chris Putnam �
Place 5, Nancy Coplen �L
Place 6, Mike Taylor _��
ATTEST:
Amy helle , TRMC
City Secretary
Resolution R-16-4019
Page 8 of 8
CITY OF COLLEYVILLE
r / t"�
Richard Newton
Mayor