HomeMy WebLinkAboutOrdinances (O-84-506)-02/21/1984
Ii
1
2
3
ORDINANCE NO.
0- 84-506 J
'{J~
1-/;;2-;'/ I
a:3lJp,m, ,
~~!..
FOR THE PURPOSE
AMENDMENTS AND,
4
AN ORDINANCE CALLING AN ELECTION APRIL 7, 1984,
OF SUBMITTING PROPOSED COLLEYVILLE CHARTER
APPOINTING ELECTION JUDGES.
WHEREAS, a group of citizens has spent several months studying
the Co11eyvil1e Charter with a view to modernizing and
improving the framework of local municipal government;
and,
Sec. 2.
14 I
15 II
16
Sec. 3.
17 I
18 I
I
19 I
20 j
I
21 I
22
23
24
25
26
5
6
7
8
WHEREAS, the City Council is of the opinion that the proposed
amendments to the Charter herein submitted merit the
considerations of the citizens of the City of
Co11eyville; NOW, THEREFORE,
9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
10 TEXAS:
11
12
13
Sec. 1. An election is hereby called contemporaneously with the
regular election for City Council Places 3, 4 and 5, to
be held April 7, 1984, at the City Hall, 5400 Bransford
Road, Co1leyvi1le, Texas, from 7:00 a.m. until 7:00 p.m.
for the purpose of voting on Col1eyvil1e Charter
amendments herein proposed.
Notice of the election shall be given by publishing
Sections 1 and 3 of this ordinance on the same day in
each of two successive weeks, the date of the first
publication to be not less than 14 days prior to the
date set for such election, all as provided by Article
1170, V.A.T.S.
The following amendments shall be submitted by ballot in
accordance with the requirements of Article 1170,
V.A.T.S. :
1. Shall the last paragraph of Section 3.02 of the
Col1eyvi11e 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:
"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 convicted of a
felony or offense involving moral turpitude, the Council
1
1
2
3
shall declare a vacancy in the office of that member of
the Counci 1 at its next regular meeting and shall fill
the vacancy as set forth in this Charter."
4
5
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:
7
"(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."
6
8
9
10
3. Shall Part B of Section 3.06 of the co1leyvil1e
Code, which provides for the election of a Mayor Pro Tem
be amended to read as follows:
11
14
"(B) Election of Mayor Pro Tem: Immediately following
the final swearing in of all new members elected in
accordance with Section 4.02 of thi s 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."
12
13
15
4. Shall Section 3.06 of the Co11eyvi11e Charter be
amended by adding thereto a Part C, providing for the
duties and powers of the Mayor Pro Tem to read as
follows:
16
17
"(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."
18
19
20
5. Shall the first sentence of Part A of Section 3.09
of the Co11eyville Charter which provides the location
of City Council meetings and their regularity be amended
to read as follows:
21
22
"(A) 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
23
24
25
2
26
I
I
1 Ii
il
2 I
3 I
!
4 I
5 II
6 I'
!I
7 I
I
8 ,I
II
9 II
10 I
11
II
12 ! I
, I
II
I'
13
14 I
I
!i
I'
15 ;!
il
16 II
: I
17 II
I'
I
18 Ii
, !
19 I
20 i
I:
21 !I
I
II
22 ' I
!I
I
23 I
I
I
i
24 II
25 I;
II
26 I
I
II
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 Col1eyvi11e
Charter, which provides for the procedure to be followed
by tne Council in voting, be amended to read as follows:
"C. Voting: Voting, except on procedural motions,
shall be by roll call and the "ayes" and "nays" shall be
recorded in the minutes. Every Counci1person 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 ,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 Counci1persons are left to vote."
7. Shall the first sentence of Section 3.10 of the
Col1eyvil1e 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 employee 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."
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
with 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."
3
1
2
3
4 i
I
5 ' I
II
6 II
7 'I
II
i I
'I
8 I
II
9 II
II
10 ,I
II
Ii
11 II
I'
II
12 II
II
13 II
14 II
I
15 II
II
16 i
I
i
I
17 I
I!
, ,
18 I
,I
19 Ii
,I
20 'I
,
21 I
I
I!
22 !I
, '
i
23 i
I
24
I
25
I
26
I
9. Shall Section 5.02 of the Co11eyvi11e Charter, which
provides for the requirements of a petition instigating
the question of recall, be amended to read as follows:
"Before the question of recall of such officer shall be
submi tted 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 signa-
ture. In addition, each signer shall print their name,
street address of their residence in Col1eyville, voter
registration and the day, month and year that their
signature was affixed to the recall petition."
10. Shall Section 5.04 of the Co1leyvi11e 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
peti tion a certificate showing the result of such
examination. If by the Secrtary's certificate the peti-
tion 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 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."
11. Shall Section 5.05 of the Colleyville Charter,
which provides for the presentation of a recall petition
to the Council be amended to read as follows:
"Within fifteen (15) days after the date of filing of
the papers constituting the recall petition, the person
performing the duties of the City Secretary shall pre-
sent such petition to the Council of the City of Col1ey-
4
1
2
3
4
5 I
6 I
I
I
7 Ii
II
8
i:
I
9 I
10
11
12 II
I
13 I
14 I
I,
15 II
! I
16 I
Ii
17 II
18 I
I
19 Ii
20 II
II
21 I,
I
I,
22 II
23 II
I
24
25
26
ville at a special meeting called for this purpose, or
at the next regular meeting of the City Council."
12. Shall the second sentence in Section 6.02 of the
Colleyville Charter, which provides for the number of
peti tioners required on a ini tiati ve petition, be
amended to read as follows:
"Said petition must be signed by qualified 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."
13. Shall the sixth sentence of Section 6.02 of the
Colleyville Charter, which requires the filing of a
petition for initiative with the City Secretary, be
amended to read as follows:
"Such petition shall be filed with the person performing
the duties of the City Secretary and must be certif ied
as required by Section 5.04 of this Charter."
14. Shall the second and third sentences of Part A of
Section 7.01 of the Colleyville Charter, which provides
f or the basi s of choosing a City Manager and specif ies
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, education,
experience, ability and character."
15. Shall Part C of Section.7.0l of the Colleyville
Charter, which provides 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."
16. Shall the second sentence of Part A of Section 7.03
of the Colleyville Charter which requires the Chief of
Police to carry out the duties as required 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 of him by the City Manager."
5
I
1 ,
2
3
17. Shall Part B of Section 7.03 of the Colleyville
Charter, which limits those who may be special police,
be amended to read as follows:
4
"B. Special Police and Reserve Police:
5
6
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."
7
8
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 required of him
by the City Council, be amended to read as follows:
9
10
11
"He shall appoint and remove the employees of said
department and shall perform such duties as may be
required by the City Manager."
12
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 addinq thereto
the following provision:
13
14
i
I
i
I
I
I
I,
il.
II
II
!I
Ii
I'
!
I
21. Shall Section 10.03 of the Colleyville City
Charter, which provides for a limitation on tax rate, be
amended by adding thereto the following provision:
"No person holding an elective office may serve as a
volunteer fireman."
15
16
20. Shall Part A of Section 7.05 of the Colleyville
Charter, which requires the Director of Public Works to
perform such duties as may be required of him by the
City Council, be amended to read as follows:
17
18
"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."
19
20
21
"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-
22
23
24
25
!
I
I
I
j
6
26
1
2 I
3 I
I
4 I'
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
I
I
II
"
Sec. 4.
II See. 6.
I
I
I
1
tion. For the purpose of the preceding limitation, any
additional ad valorem tax revenue generated or attribu-
table 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 chairman of the Commission shall
be a voting member. Vacancies shall be 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 compensation."
Absentee voting shall commence in the office of the City
Secretary on March 19, 1984 and shall continue Monday
through Friday from 8:00 a.m. until 4:30 p.m. and until
4:30 p.m. on April 3, 1984.
The following persons shall be officers who shall con-
duct the election:
James B. ~1oore
- Presiding Judge
Sharon Lambert
- Alternate Presiding Judge
and no more than seven (7) other eligible persons as
clerks that the election judge shall appoint.
The election shall be conducted in accordance with the
7
1
2
3
election laws of the State of Texas.
AND IT IS SO ORDERED. ~I
The first public hearing being conducted on the~I,j)
day of , 1984. ~nt:
The seco d public hearing being conducted on the ~ 'I
day of , 1984. ;d
The thi.rd~~ding d publie hearing being eondueted on the ~ Y11
day of :tf--!YlLtIl.fL1J- ' 1984. I
THE CITY OF COLLEYVILLE
idP C )&~~
R bert E. Neely
Mayor
4
5
6
7
8
9
10
1 ATTEST
11
12
13
~ro.ved as to Form and
I -~
' (--., -
'Ross T. Fdster
City Attorney
Legality
14
15
16
I
I
II
I
I
I
i
I
I
17
18
19
20
21
22
23
24
25
8
26