HomeMy WebLinkAboutOrdinances (O-79-314)-03/06/1979
ORDINANCE NO. 0-79-314 - Emergency
AN ORDINANCE CALLING AN ELECTION APRIL 7, 1979, FOR THE PURPOSE
OF SUBMITTING PROPOSED COLLEYVILLE CHARTER AMENDMENTS AND DECLAR-
ING AN EMERGENCY.
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va L U~1 E ~p AG E 7-;J6-i:h-I)
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WHEREAS, a group of citizens has spent several months studying the
Colleyville Charter with a view to modernizing and improv
ing the framework of local municipal government; and
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WHEREAS, the City Council is of the opinion that the proposed
Amendments to the Charter herein submitted merit the
consideration of the citizens of Colleyville;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF COLLEYVILLE,
TEXAS:
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Sec. 1.
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Sec. 2.
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Sec. 3.
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An election is hereby called contemporaneously with the
regular election for the Mayor and City Council, Places 1
and 2, to be held April 7, 1979, at the Colleyville Fire
and Police Station,520l Bransford Rd., Colleyville, Texas,
from 7 a.m. until 7 p.m. for the purpose of voting on
Colleyville Charter Amendments herein proposed.
Notice of the election shall be given by publishing Sec-
tions land 3 of this Ordinance on the same day in each
of two successive weeks, the date of first publication to
be not less than fourteen (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 Section 3.02 of the Colleyville Charter, which
provides qualifications for City Council members and
for the removal of City Council members, be amended
to read as follows:
"Section 3.02 Qualifications:
Each candidate for membership and each member of the City
Council shall be and remain:
(a) A resident of the City of Colleyville and
shall have been a resident for a period of not less
than twelve (12) months immediately preceeding their
election or resident of any territory not formerly
within the corporate limits of the City but which is
annexed under the provisions of this Charter for twelve
(12) months preceeding their election;
(b) A qualified voter of the State of Texas and
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the City of Colleyville;
(c) Not indebted to the City.
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If any member of the Council fails to maintain the fore-
going qualifications, or shall be absent without cause
from three (3) consecutive regularly scheduled meetings,
or shall fail to maintain a seventy-five percent attend-
ance record for all regular meetings during each elected
year, or shall be convicted of a felony or offense involv-
ing moral turpetude, 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 Section 3.06 B of the Colleyville Charter, pro-
viding for the election of a Mayor Pro-Tern, be amended
to read as follows:
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"B. Election of Mayor Pro-Tern: lnunediately follow-
ing the final swearing in of all new members, the Council
shall in its first regular meeting, elect from among its
members a Mayor Pro-Tern who shall serve for the term of
one year, and who shall perform all of the duties of the
Mayor in the absence or disability of the Mayor."
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3. Shall Section 3.09 C of the Colleyville Charter,
which does not currently require a meeting be adjourn-
ed if a quorum ceases to be present, 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 members of the Council, ex-
cluding the Mayor, shall constitute a quorum. If, dur-
ing the course of a meeting, a quorum ceases to exist,
the meeting shall be deemed adjourned and no further
business shall be conducted."
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4. Shall the first paragraph in Sec. 3.11 of the Colley-
ville Charter, providing for the procedures to be
followed in enacting ordinances, be amended to read as
follows:
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"Section 3.11 Ordinances in General:
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The Council shall legislate by ordinance, and the enacting
clause of every ordinance shall be, "Be it ordained by
the City Council of the City of Colleyville." The City
Attorney shall approve as to legality all ordinances
prior to final action by the City Council. Every ordin-
ance enacted by the Council shall be signed by the Mayor
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or Mayor Pro-Tern in the Mayor's absence, and shall be
filed with and recorded by the City Secretary. All
ordinances exclusive of emergency ordinances as defined
by Section 3.12, shall be read in open meeting of the
Council at three (3) consecutive regular Council meetings.
At the first reading of each ordinance the Council shall
read the entire text of the ordinance; provided, however,
neither metes and bounds descriptions nor national, stat ,
industrial or uniform codes or manuals shall be read.
The caption only of each proposed ordinance shall be rea
at the second and third reading. Each reading of a pro-
posed ordinance shall be followed by a public hearing.
No action shall be taken by the Council until after the
third reading and public hearing on each ordinance. All
ordinances shall be posted upon a bulletin board at the
City Hall established for the purpose of giving notice
of Council meetings not less than 72 hours prior to the
meeting at which such ordinanpes are read."
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5. Shall Section 6.09 of the Colleyville Charter, pro-
viding for the repeal or amendment of ordinances or
resolutions passed by popular vote, be amended to
read as follows:
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"Section 6.09 Ordinances or Resolutions Passed By
Popular Vote. Repeal or Amendment:
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No ordinance or resolution which may have been passed
by the Council upon petition or as a result of a popular
vote under the provisions of this article shall be re-
pealed or amended for a period of five years, unless
there is included in such ordinance or resolution a
clause which establishes a lesser period of time in
which said ordinance or resolution shall not be repealed
or amended, or unless said ordinance or resolution is
repealed or amended upon referendum vote or by submission
as provided in Section 6.02 of this Charter."
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6. Shall Section 6.12 be added to Article 6 of the
Colleyville Charter as follows:
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"Section 6.12 Compelling Submission:
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In the event a court of competent jurisdiction renders
a final, nonappealable judgment directing issuance of a
writ of mandamus compelling the City Council to comply
with the duties imposed upon it by Sections 6.02 or
6.03 of this article the City shall pay the reasonable
attorney's fees incurred by the person or persons bring-
ing the action to compel compliance with same."
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7. Shall Section 9.02 B of the Colleyville Charter, whic
currently requires a budget submission prior to the
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1st of August each year, be amended to read as follow
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"B. Submission:
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The City Manager shall submit to the Council a pro-
posed budget and accompanying message. The Council shall
review the proposed budget and revise as deemed appropri-
ate prior to general circulation for public hearings."
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8. Shall Section 9.02 C of the Colleyville Charter, which
does not currently specifically deal with the consid-
eration and hearing of budget matters, be amended to
read as follows:
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"c. Public Notice and Hearing:
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The Council shall post in the City Hall and publish
in the official newspaper not more than 14 days prior to
each public hearing on the budget a notice stating:
(I) the time and place where copies of the message and
budget are available for inspection by the public, and
(2) the time and place of each public hearing on the
budget. The Council may consider, hold public hearings
and adopt the budget. at special meetings called by the
Council for that purpose, notwithstanding the provision of
Section 3.11 of this Charter requiring action at three
consecutive regular Council meetings.
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9. Shall Section 9.02 E of the Colleyville Charter, which
currently requires adoption of the budget by the 15th
of September, be amended to read as follows:
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"E. Adoption:
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The Council shall adopt the budget by ordinance not
later than the 30th day of September. Adoption of the
budget will require an affirmative vote of at least a
majority of all of the members of the Council. Adoption
of the budget shall constitute appropriations of the
amount specified therein as expenditures from the fund
indicated, and shall constitute a levy of the property tax
therein proposed."
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10. Shall the last sentence in 9.06 B of the Colleyville
Charter, which limits the City to accrual basis
accounting, be deleted and in substitution therefore
the following inserted:
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"The financial records of the City will be maintained in
accordance with accepted principles recommended by the
American Institute of Certified Public Accountants and
by the National Conunittee on Governmental Accounting."
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Sec. 4.
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11. Shall Section 11.04 of the Colleyville Charter, whic
does not currently require a 3/4 vote of the Council
to override a Commission disapproval of a proposed
change in the Master Plan, be amended to read as
follows:
"Section 11. 04 Legal Effect of the Master Plan:
Upon adoption of the Master Plan by the Council, no sub-
division, street, park or any public way, ground or space,
public building or structure, or public utility, whether
publicly or privately owned, which is in conflict with the
Master Plan shall be constructed or authorized by the City
until and unless the location and extent thereof shall
have been submitted to the Commission and approved by the
Council. In case of Commission disapproval, they shall
conununicate their reasons to the Council, which shall
have power to overrule such disapproval by a 3/4 vote, an
upon such overruling, the Council shall have the power to
proceed. The widening, narrowing, relocating, vacating
or change in the use of any street, alley or public way,
or ground, or sale of any public building or real propert ,
shall be subject to similar submission and approval of the
Planning and Zoning Commission and failure to approve may
be similarly overruled by the Council."
12. Shall Section 14.10 of the Colleyville Charter, which
currently does not make compliance with state law
mandatory in amending the Charter, be amended to rea
as follows:
"Section 14.10 Amending the Charter:
Amendments to this Charter shall be formulated and sub-
mitted to the voters of the City in the manner provided
by Chapter 13 of Title 28 of the Revised Civil Statutes
of Texas, 1925, as now or hereinafter amended."
Absentee voting shall commence in the office of the City
Secretary at 5505 Pleasant Run Rd., Colleyville, Texas,
on March 19, 1979, and shall continue Monday through
Friday from 8 a.m. until 4:30 p.m. until April 3, 1979.
The following persons shall be the officers who shall
conduct the election:
J .0. Ba i 1 ey
- Presiding Judge
James B. Hoare
- Alternate Presiding Judge
and no more than seven other elegible persons as clerks
that the election judge shall appoint.
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Sec. 6. The election shall be conducted in accordance with Elec-
tion laws of the State of Texas.
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Sec. 7. The requirement of Article 11.70 requiring that Charter
Amendment Elections be held not less than thirty (30)
days after passage of the ordinance calling for such
election together with a desirability of saving money
by holding this election concurrently with the regular
election for Mayor and Councilpersons, Places 1 and 2,
creates an emergency making it unnecessary to read and
consider this ordinance more than one time.
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AND IT IS SO ORDERED.
9 Passed, approved and adopted by the City Council of the City of
Colleyville, Texas, this the 6th day of ~1a rch , 1979 by the
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CITY OF COLLEYVILLE
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By:
John A. Andrews, Mayor
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ATTEST: *Approved according to Section 3:13
15 of the City Charter: III f the Mayor
~()~ shall neglect to approve or object
to any such proceedings for a longe
period than seven (7) days after th
16 LaVada Johnson ordinance or resolution is placed i
17 City Secretary the 0 f f ice 0 f the C i t Y S e c r eta r y as
aforesaid, the same shall become
18 LE GAL I TY : e f f e c t i ve i m m e d i ate I y u pan
publication as required by law.
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STATE OF EMERGENCY: Be based on the cost of an additional
election.
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