HomeMy WebLinkAboutCity Council Resolutions (R-84-297)-04/11/1984
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RESOLUTION NO. R-84-297
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WHEREAS, an election was duly held in the City of Colleyville,
Texas on the 7th day of April, 1984, to elect City
Counci 1 Places 3, 4 and 5, and to vote on amendments to
the Charter: and,
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WHEREAS, the City Council has met and canvassed the votes cast in
such election: and,
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WHEREAS, such canvass showed the following results:
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Place 3 - City Councilman
Lyle Piner
Nei 1 Gholson
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Place 4 - City Councilman
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Philip Kelly
Buck Hubbard
Nancy Burgoyne (write-in)
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Place 5 - City Councilman
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Nancy J. Burgoyne
Steve Turner
Mike Fay
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and that the votes on the Charter election were cast as
follows:
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1. Shall the last paragraph of Section
3.02 of the Colleyville Charter, which
provides for the Council to declare a
vacancy in the office of the Council
if a member fails to maintain certain
qualifications or is convicted of
certain acts, be amended to read as
follows:
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"If any member of the Council fails to
maintain the foregoing qualifications,
or shall fail to maintain the 75 per
cent attendance record for all
regularly scheduled meetings, as
specified in Section 3.09 hereof,
during each elected year, or shall be
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convicted of a felony or offense
involving moral turpitude, the Council
shall declare a vacancy in the office
of that member of the Council at its
next regular meeting and shall fill
the vacancy as set forth in this
Charter."
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2. Shall Part A of Section 3.06 of
the Colleyville Charter, which
describes the powers and position of
the Mayor, be amended to read as
follows:
"(A). The Mayor shall preside at all
meetings of the Council, shall vote
only in case of a tie vote of the
Council, and shall have veto power.
The Mayor shall sign all contracts and
conveyances made or entered into by
the City, and all bonds issued under
the provision of this Charter, and
shall be the official representative
of the City. The Mayor shall be
recognized as the official of the City
by the Court for the purpose of
serving civil process." 890 270
3. Shall Part B of Section 3.06 of
the Colleyville Code, which provides
for the election of a Mayor Pro Tem be
amended to read as follows:
"(B) Election of Mayor Pro Tem:
Immediately following the final
swearing in of all new members elected
in accordance with Section 4.02 of
this Charter, the Council shall in its
first regular meeting, elect from
among its members a Mayor Pro Tem who
shall serve for the term of one year." 913 231
4. Shall Section 3.06 of the Colley-
ville Charter be amended by adding
thereto a Part C, providing for the
duties and powers of the Mayor Pro Tem
to read as follows:
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"(C) The Mayor Pro Tem shall, in the
absence of the Mayor, preside at all
meetings of the Council and shall vote
on all issues before the Council. The
Mayor Pro Tem shall have no veto
power, but shall perform all other
duties of the Mayor during the absence
or disability of the Mayor."
5. Shall the first sentence of Part A
of Section 3.09 of the Colleyville
Charter which provides the location of
City Council meetings and their
regularity be amended to read as
follows:
peA) Council meetings shall be held
at the City Hall and the Council shall
meet regularly at least twice in every
month at such times as the Council may
prescribe by rule. In the event of a
lack of a quorum at a regularly
scheduled meeting, the meeting shall
be open and the roll shall be taken
and recorded."
6. Shall Section C of Section 3.09
of the Colleyville Charter, which
provides for the procedure to be
followed by the Council in voting, be
amended to read as follows:
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"C. Voting: Voting, except on
procedural motions, shall be by roll
call and the "ayes" and "nays" shall
be recorded in the minutes. Every
Councilperson shall vote on all issues
unless there is a declared and
recorded conflict of interest. Four
voting members of the Council shall
constitute a quorum, however, no
action shall be approved with less
than three affirmative votes. If
during the course of a meeting a
quorum ceases to exist, the meeting
shall be deemed adjourned and no
further business shall be conducted.
However, if because of a conflict of
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interest a member steps down and
remains in the Chamber to return after
the item is resolved, then a quorum
will be considered in attendance even
though only three Councilpersons are
left to vote."
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7. Shall the first sentence of
Section 3.10 of the Colleyville
Charter, which provides the power of
the Council to inquire into the
conduct of municipal affairs and to
issue subpoenas for that purpose, be
amended to read as follows:
"The Council, by majority vote, shall
have authority to inquire into the
conduct of any office, department,
agency, Council member, officer or
employer of the City, and to make
investigations as to municipal
affairs, and for that purpose the
Council shall have the power to
authorize the Mayor to subpoena
witnesses, administer oath, and compel
production of books, documents, or
other tangible evidence."
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8. Shall the Charter of the City of
Colleyville be amended by renumbering
Section 3.13 to Section 3.14 and
inserting under Section 3.13 a new
provision dealing wi th resolutions
before the Council, to provide as
follows:
"Sec. 3.13 . Resolutions.
Any official action of the Council not
authorized by ordinance shall be
authorized by resolution. All reso-
lutions shall be read in open meeting
of the Council and shall be followed
by public hearing." 851 266
9. Shall Section 5.02 of the
Colleyville Charter, which provides
for the requirements of a petition
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instigating the question of recall, be
amended to read as follows:
"Before the question of recall of such
officer shall be submitted to the
qualified voters of the City, a peti-
tion demanding such question to be
submitted, shall first be signed by
the qualified voters of the City equal
in number to at least forty per cent
(40%) of the number of votes cast in
the last regular municipal election of
the City, and in no event less than
five hundred (500) such petitioners.
Each signer of such recall petition
shall personally sign their name
thereto in ink or indelible pencil,
using their normal signature. In addi-
tion, each signer shall print their
name, street address of their
residence in Colleyville, voter regis-
tration and the day, month and year
that their signature was affixed to
the recall petition." 816 311
10. Shall Section 5.04 of the Colley-
ville Charter which specifies the
various papers constituting a petition
be amended by adding thereto the
following provisions:
"Within ten (10) days from the filing
of such petition, the City Secretary
shall examine the same and from the
list of qualified voters ascertain
whether or not said petition is signed
by the requisite number of qualified
voters, and, if necessary, the Council
shall allow him extra help for that
purpose, and he shall attach to said
petition a certificate showing the
result of such examination. If by the
Secrtary's certificate the petition is
shown to be insufficient, it may be
amended within ten (10) days from the
date of said certificate. The
Secretary shall, within ten (10) days
after such amendment is filed, in case
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one is filed with him, make a like
examination of said amended petition,
and if his certificate shall show the
same to be insufficient, it shall be
returned to the person filing same
without prejudice, however, to the
filing of a new petition based upon
new and different grounds, and not
upon the same grounds." 853
11. Shall Section 5.05 of the
Co11eyvi11e Charter, which provides
for the presentation of a recall peti-
tion to the Council be amended to read
as follows:
"Within fifteen (15) days after the
date of filing of the papers constitu-
ting the recall petition, the person
performing the duties of the City
Secretary shall present such petition
to the Council of the City of Co11ey-
vi11e at a special meeting called for
this purpose, or at the next regular
meeting of the City Council." 883
12. Shall the second sentence in
Section 6.02 of the Co11eyvi11e
Charter, which provides for the number
of petitioners required on a initia-
tive petition, be amended to read as
follows:
"Said petition must be signed by
qua1if ied voters of the City equal in
number to at least forty per cent
(40%) of the number of votes cast the
last regular municipal election of the
City, but in no event less than five
hundred (500) such petitioners." 803
13. Shall the sixth sentence of
Section 6.02 of the Co11eyvi11e
Charter, which requires the filing of
a petition for initiative with the
Ci ty Secretary, be amended to read as
follows:
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"Such petition shall be filed with the
person performing the duties of the
City Secretary and must be certified
as required by Section 5.04 of this
Charter." 860
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14. Shall the second and third
sentences of Part A of Section 7.01 of
the Co11eyvi11e Charter, which
provides for the basis of choosing a
City Manager and specifies residence
qualifications for the City Manager,
be amended to read as follows:
"He shall be chosen by the Council
solely on the basis of his executive
and administrative training, educa-
tion, experience, ability and
character." 826
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15. Shall Part C of Section 7.01 of
the Co11eyvi11e Charter, which pro-
vides for the powers and duties of the
City Manager, be amended to add an
additional section to read as follows
to be numbered 4 and to consecutively
number the remaining provisions
thereafter:
"4. Provide each department head with
a complete job description of his
duties." 908 201
16. Shall the second sentence of Part
A of Section 7.03 of the Co11eyvi11e
Charter which requires the Chief of
Police to carry out the duties as
required of him by the Ci ty Council be
amended to read as follows:
"He shall appoint and remove the
employees of said department and
shall perform such duties as may be
required of him by the City Manager." 838 265
17. Shall Part B of Section 7.03 of
the Co11eyvi11e Charter, which limits
those who may be special police, be
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amended to read as follows:
"B. Special Police and Reserve
Police:
No person, except as authorized by
general law, by this Charter, or by
the ordinances passed pursuant hereto,
shall act as a special police officer
or reserve police officer. No person
holding an elective office may act as
a reserve police officer."
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18. Shall the second sentence of Part
A of Section 7.04 of the Colleyville
Charter, which requires the fire chief
to perform such duties as may be re-
quired of him by the City Council, be
amended to read as follows:
"He shall appoint and remove the
employees of said department and shall
perform such duties as may be required
by the City Manager."
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19. Shall Part B of Section 7.04 of
the Colleyville Charter, which
provides for the establishment of a
volunteer fire department, be amended
by adding thereto the following provi-
sion:
"No person holding an elective office
may serve as a volunteer fireman." 658 447
20. Shall Part A of Section 7.05 of
the Colleyville Charter, which re-
quires the Director of Public Works to
perform such duties as may be required
of him by the Ci ty Council, be amended
to read as follows:
"He shall appoint and remove the
employees of said department and shall
perform such duties as may be required
of him by the City Manager." 829 262
21. Shall Section 10.03 of the
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Colleyville City Charter, which
provides for a limitation on tax rate,
be amended by adding thereto the
following provision:
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"The maximum tax rate shall not exceed
$1.50 on the one hundred dollars
($100.00) valuation of taxable
property within the City. Any tax
rate set per budget year shall not
result in an ad valorem tax revenue
increase greater than seven percent
(7%) of the total ad valorem tax
revenue collected in the preceding
budget year unless authorized by the
voters of the City at a special elec-
tion. For the purpose of the
preceding limitation, any additional
ad valorem tax revenue generated or
attributable to construction within a
preceding budget year shall not be
considered in determining whether the
tax revenue increase is more than
seven percent (7%) of the preceding
budget year."
22. Shall Section 11.01 of the
Colleyville Charter, which provides
for the establishment, make-up, and
operation of a Planning and Zoning
Board, be amended to read as follows:
"There shall be established a Planning
and Zoning Commission, which shall
consist of seven (7) citizens of the
City of Colleyville. Members of said
Commission shall be appointed by the
Council for a term of two (2) years.
Three (3) members of the Planning and
Zoning Commission shall be appointed
each odd numbered year and four (4)
members shall be appointed each even
numbered year. The Commission shall
elect a chairman from its membership
and shall meet in the City Hall not
less than once each month. The chair-
man of the Commission shall be a
voting member. Vacancies shall be
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filled by the Council for the
remainder of the term. A majority of
the members shall constitue a quorum;
however, no action shall be approved
with less than four (4) affirmative
votes. Members of the Commission may
be removed by a majority of the
Council after public hearing and for
cause set forth in writing.
Attendance requirements for members
shall be the same as for members of
the Council. The Commission shall
keep minutes of its proceedings which
shall be of public record. The
Commission shall serve without compen-
sation." 835 248
NOW, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS: I
Sec. 1. THAT the above canvass be, and the same is herebJ
approved. -I
Sec. 2. THAT Neil Gholson be, and is hereby declared to hav
been elected to the office of City Councilman, Place 3;
and that Philip Kelly be, and is hereby declared to hav
been elected to the office of City Councilman, Place 4;
each to serve until April, 1986, or until thei
successors are duly elected and qualified.
Sec. 3. THAT as a result of such vote, amendments 1 through 22
passed by a majority of the qualified voters voting i
such election, and the Colleyville City Charter is
legally amended. The City Secretary is hereby author
ized to forward such amendments to the Secretary of th
State of Texas as provided by law.
Sec. 4. THAT as a result of such election for Place 5, no perso
received a majority of the votes, an election is hereb
called to be held at the City Hall, 5400 Bransford Road,
Colleyville, Texas, on the 28th day of April, 1984, fo
the purpose of choosing between Steve Turner and Mik
Fay for the position of City Councilman, Place 5, t
serve until April of 1986 and until a successor is dul
elected and qualified. Absentee voting shall commenc
in the office of the City Secretary on the 12th day of
April, 1984, and shall continue Monday through Frida
from 8:00 a.m. until 4:30 p.m. and until 4:30 p.m. 0
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April 2'l; 1984. Such election shall be conducted
according to the election laws of the State of Texas and,
the following persons shall be the officers who shalli
conduct the election:
SHARON LAMBERT
JAMES B. MOORE
- Presiding Judge
- Alternate Presiding Judge
and no more than seven (7) eligible persons as clerks
whom the election judge shall appoint.
AND IT IS SO RESOLVED.
this 11th day of April, I
PASSED by a vote of 5
1984.
o
to
THE CITY OF COLLEYVILLE
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R ert E. Nee y
Mayor
I ;]Jak ail J
I LaVada Johnson
II City Secretary
II A~7 ~to FO); Legality
~Fl~:1
City Attorney
The absentee voting for the above designated election shall be held
at 5400 Bransford - City Hall Building, in said City, and said place
of absentee voting shall remain open for at least 8 hours on each
day of absentee voting which is not a Saturday, Sunday or an official
State Holiday, beginning April 12, '1984, and shall continue from
8:00 a.m. until 4:30 p.m. ending at 4:30 p.m. on April 24,1984.
SPECIAL NOTICE THAT THE OFFICE FOR ABSENTEE VOTING WIll BE OPENED
ON FRIDAY, APRIL 20, 1984 (THE REST OF CITY HALL WI LL BE CLOSED
FOR GOOD FRIDAY HOLIDAY) and SATURDAY, APRIL 21, 1984 FROM 2:00
p.m. to 8:00 p.m. FOR THE PURPOSE OF VOTING ABSENTEE.
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