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HomeMy WebLinkAbout1989-O-04 - Date Regular City ElectionORDINANCE NO. 1989-4 AN ORDINANCE PROVIDING THAT THERE SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY AT THE NEXT REGULAR CITY ELECTION TO BE HELD ON MAY 69 1989 THE MATTER OF AMENDING THE CHARTER OF THE CITY OF STEPHENVILLE BY THE FOLLOWING AMENDMENTS TO THE PRESENT CHARTER OF THE CITY OF STEPHENVILLE: (1) AMENDMENT CHANGING THE CITY ELECTION DAY AS PROVIDED IN ARTICLE III, SECTION 2 FROM THE FIRST TUESDAY IN APRIL TO THE FIRST SATURDAY IN MAY; (2) AMENDMENT PROVIDING THAT THE WORD COUNCILMEN AS PROVIDED IN SECTION 5 OF ARTICLE III BE CHANGED TO COUNCILMEMBERS AND PROVIDING TERMS OF OFFICE FOR COUNCILMEMBERS; (3) AMENDMENT CHANGING SECTION 7 OF ARTICLE III TO OMIT FROM QUALIFICATIONS OF COUNCILMEMBER THAT HE OR SHE HAVE PROPERTY RENDERED FOR TAXATION AND NOT BE IN ARREARS IN PAYMENT OF TAXES OR ANY OTHER LIABILITY DUE THE CITY AND REQUIRING THAT HE OR SHE HAS NOT BEEN ADJUDGED MENTALLY INCOMPETENT AND HAS NOT BEEN CONVICTED OF A FELONY FROM WHICH HE OR SHE HAS NOT BEEN PARDONED; (4) AMENDMENT CHANGING SECTION 12 OF ARTICLE III TO PROVIDE THAT MAYOR AND COUNCIL MAY APPOINT A QUALIFIED COUNCILMEMBER TO SERVE IN THE EVENT OF A VACANCY WHO WILL SERVE UNTIL A SUCCESSOR HAS BEEN ELECTED AND DULY QUALIFIED. AN IMMEDIATE VACANCY SHALL BE DECLARED SHOULD ANY COUNCILMEMBER OR THE MAYOR MOVE FROM THE CITY OR BE CONVICTED OF A CRIME OF A GRADE ABOVE A MISDEMEANOR; IN THE EVENT OF A VACANCY OCCURRING IN THE OFFICE OF COUNCILMEMBER OR MAYOR FROM ANY CAUSE WHATSOEVER, A SPECIAL ELECTION SHALL BE HELD WITHIN SIXTY (60) DAYS AFTER THE VACANCY OCCURS FOR THE PURPOSE OF FILLING SUCH A VACANCY. IF THE VACANCY OCCURS WITHIN NINETY (90) DAYS OF THE GENERAL CITY ELECTION, IT SHALL NOT BE FILLED BY SPECIAL ELECTION; (5) AMENDMENT ADDING TO SECTION 15 OF ARTICLE III THAT THE CITY COUNCIL MAY APPOINT A COMPETENT AND LICENSED ATTORNEY RESIDING IN THE CITY OF STEPHENVILLE AS ASSISTANT CITY ATTORNEY, WHOSE COMPENSATION MAY BE FIXED BY THE CITY COUNCIL AND WHO SHALL HOLD HIS OFFICE AT THE COUNCIL'S WILL AND PLEASURE; (6) AMENDMENT CHANGING SECTION 17 OF ARTICLE III TO PROVIDE THAT THE CITY COUNCIL SHALL ADOPT THE BUDGET OF THE CITY AND FIX THE TAX RATE OF THE CITY AND APPOINT THE MEMBERS OF THE PLANNING AND ZONING COMMISSION AND ANY OTHER COMMISSIONS THE COUNCIL DEEMS NECESSARY TO SERVE THE CITY; (7) AMENDMENT CHANGING ARTICLE IV, SECTION 1 TO PROVIDE THAT GENERAL ELECTION OF MEMBERS OF THE CITY COUNCIL SHALL BE HELD ON THE FIRST SATURDAY IN MAY OR SUCH DATE AS MAY BE SET BY THE LAWS OF THE STATE OF TEXAS; (8) AMENDMENT ADDING TO ARTICLE IV, SECTION 3 THAT APPLICATIONS AS A CANDIDATE FOR COUNCILMEMBER SHALL BE IN SUBSTANTIALLY THE SAME FORM AS PROVIDED BY THE OFFICE OF THE SECRETARY OF STATE; (9) AMENDMENT CHANGING ARTICLE IV, SECTION 6 TO PROVIDE THAT RETURNS OF ELECTION SHALL BE MADE BY ELECTION OFFICERS TO CITY COUNCIL IN A CALLED OR REGULAR COUNCIL MEETING NOT LATER THAN SIX DAYS AFTER ELECTION OR AS SPECIFIED BY THE LAWS OF THE STATE OF TEXAS; (10) AMENDMENT OF ARTICLE V TO USE THE WORDS "MUNICIPAL COURT" IN LIEU OF "CORPORATION COURT" AT ALL PLACES WHERE IT APPEARS IN THIS ARTICLE. (11) AMENDMENT TO ARTICLE VII, SECTION 8 TO PROVIDE THAT EXPENDITURES IN EXCESS OF $5,000,00 MUST BE EXPRESSLY APPROVED IN ADVANCE BY THE CITY COUNCIL AND ON CONTRACTS INVOLVING MORE THAN $5,000.00, THAT THERE SHALL BE AN OPPORTUNITY FOR COMPETITIVE BIDDING; AND THAT ON EXPENDITURES OF MORE THAN $10,000.00, ON CONTRACTS WITH THE CITY THERE SHALL BE NOTICE OF TIME AND PLACE OF LETTING CONTRACT BY PUBLICATION FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF STEPHENVILLE; MAKING REQUIREMENT THAT ANY CITY IMPROVEMENT COSTING MORE THAN $10,000.00 SHALL BE EXECUTED BY CONTRACT, SUCH CONTRACTS SHALL BE AWARDED TO LOWEST RESPONSIBLE BIDDER AFTER PUBLIC NOTICE AND COMPETITION; EXCEPT WHERE CITY COUNCIL AUTHORIZES THE IMPROVEMENT TO BE EXECUTED DIRECTLY BY A CITY DEPARTMENT IN CONFORMITY WITH DETAILED PLANS, SPECIFICATIONS .AND ESTIMATES; ALL CONTRACTS SHALL BE APPROVED BY THE CITY ATTORNEY; (12) CHANGES ARTICLE IX, SECTION 1 TO RECOGNIZE THAT APPRAISAL AND ASSESSMENT OF CITY TAXES IS NOW GOVERNED BY THE TAX CODE OF THE STATE OF TEXAS AND IS VESTED IN THE ERATH COUNTY CENTRAL APPRAISAL DISTRICT AND PROVIDES THAT THE CITY MAY CONTRACT WITH THE CENTRAL APPRAISAL DISTRICT AND TAX COLLECTOR OF ERATH COUNTY, TEXAS FOR THE COLLECTION OF CITY TAXES AND ISSUANCE OF RECEIPTS THEREFOR, AND THE CITY MAY CONTRACT WITH ATTORNEYS FOR THE COLLECTION OF DELINQUENT TAXES DUE THE CITY WHICH HAS THE EFFECT OF CANCELLING SECTIONS ONE THROUGH TEN OF ARTICLE IX; (13) AMENDMENT CHANGING ARTICLE X, SECTION 10 TO RECOGNIZE THAT CITY COUNCIL SHALL HAVE FULL POWER TO REGULATE BY ORDINANCE THE RATES AND SERVICE OF EVERY PUBLIC UTILITY OPERATING IN THE CITY EXCEPT AS SUCH REGULATIONS ARE GIVEN BY STATE LAW TO THE PUBLIC UTILITY COMMISSION OF THE STATE OF TEXAS; (14) AMENDMENT WHICH ADDS TO ARTICLE XII, NEW SECTION 10, PROVIDING THAT THE USE OF THE SINGULAR NUMBER INCLUDES THE PLURAL, AND THE PLURAL THE SINGULAR, AND WORDS USED IN THE MASCULINE GENDER INCLUDE THE FEMININE ALSO, UNLESS BY REASONABLE CONSTRUCTION, IT APPEARS THAT SUCH WAS NOT THE INTENTION OF THE LANGUAGE OF THIS CHARTER, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: SECTION 1. That an election be held on the 6th day of May, 1989, at which election the following propositions shall be submitted: PROPOSITION NUMBER 1 "SHALL the City Charter of the City of Stephenville be amended to change the city election day as provided in Article III, Section 2 from the first Tuesday in April to the first Saturday in May?" PROPOSITION NUMBER 2 "SHALL the City Charter of the City of Stephenville be amended to provide that the word Councilmen as provided in Section 5 of Article III be changed to Councilmembers and providing terms of office for councilmembers?" PROPOSITION NUMBER 3 "SHALL the City Charter of the City of Stephenville be amended to change Section 7 of Article III to omit from qualifications of Councilmember that he or she have property rendered for taxation and not be in arrears in payment of taxes or any other liability dueh`the City and requiring that he or she has not been adjudged mentally incompetent and has not been convicted of a felony from which he or she has not been pardoned?" PROPOSITION NUMBER 4 "SHALL the City Charter of the City of Stephenville be amended to change Section 12 of Article III to provide that Mayor and Council may appoint a qualified Councilmember to serve in the event of a vacancy who will serve until a successor has been elected and duly qualified. An immediate vacancy shall be declared should any Councilmember or the Mayor move from the City or be convicted of a crime of a grade above a misdemeanor; in the event of a vacancy occurring in the office of Councilmember or Mayor from any cause whatsoever, a special election shall be held within sixty (60) days after the vacancy occurs for the purpose of filling such a vacancy. If the vacancy occurs within ninety (90) days of the general city election, it shall not be filled by special election?" PROPOSITION NUMBER 5 "SHALL the City Charter of the City of Stephenville be amended to add to Section 15 of Article III that the City Council may appoint a competent and licensed attorney residing in the City of Stephenville as Assistant City Attorney, whose compensation may be fixed by the City Council and who shall hold his office at the Council's will and pleasure?" PROPOSITION NUMBER 6 "SHALL the City Charter of the City of Stephenville be amended to change Section 17 of Article III to provide that the City Council shall adopt the budget of the City and fix the tax rate of the City and appoint the members of the Planning and Zoning Commission and any other commissions the Council deems necessary to serve the city?" PROPOSITION NUMBER 7 "SHALL the City Charter of the City of Stephenville be amended to change Article IV, Section 1 to provide that general election of members of the City Council shall be held on the first Saturday in May or such date as may be set by the Laws of the State of Texas?" PROPOSITION NUMBER 8 "SHALL the City Charter of the City of Stephenville be amended to add to Article IV, Section 3 that applications as a candidate for Councilmember shall be in substantially the same form as provided by the office of the Secretary of State?" PROPOSITION NUMBER 9 "SHALL the City Charter of the City of Stephenville be amended to change Article IV, Section 6 to provide that returns of election shall be made by election officers to City Council in a called or regular council meeting not later than six days after election or as specified by the Laws of the State of Texas?" PROPOSITION NUMBER 10 "SHALL Article V of the City Charter of the City of Stephenville be amended to use the words "Municipal Court" in lieu of "Corporation Court" at all places where it appears in this article?" PROPOSITION NUMBER 11 "SHALL Article VII, Section 8 of the City Charter of the City of Stephenville be amended to provide that expenditures in excess of $5,000.00 must be expressly approved in advance by the City Council and on contracts involving more than $5,000.00, that there shall be an opportunity for competitive bidding; and that on expenditures of more than $10,000.00, on contracts with the City there shall be notice of time and place of letting contract by publication for two consecutive weeks in a newspaper of general circulation in the City of Stephenville; making requirement that any city improvement costing more than $10,000.00 shall be executed by contract, such contracts shall be awarded to lowest responsible bidder after public notice and competition; except where City Council authorizes the improvement to be executed directly by a city department in conformity with detailed plans, specifications and estimates; all contracts shall be approved by the City Attorney?" PROPOSITION NUMBER 12 "SHALL Article IX, Section 1 of the City Charter of the City of Stephenville be changed to recognize that appraisal and assessment of city taxes is now governed by the Tax Code of the State of Texas and is vested in the Erath County Central Appraisal District and provides that the City may contract with the Central Appraisal District and Tax Collector of Erath County, Texas for the collection of city taxes and issuance of receipts therefor, and the City may contract with attorneys for the collection of delinquent taxes due the City which has the effect of cancelling Sections One through Ten of Article IX?" PROPOSITION NUMBER 13 "SHALL the City Charter of the City of Stephenville be amended to change Article X, Section 10 to recognize that City Council shall have full power to regulate by ordinance the rates and service of every public utility operating in the city except as such regulations are given by State Law to the Public Utility Commission of the State of Texas?" PROPOSITION NUMBER 14 "SHALL the City Charter of the City of Stephenville be amended to add to Article XII, new Section 10, providing that the use of the singular number includes the plural, and the plural the singular, and words used in the masculine gender include the feminine also, unless by reasonable construction, it appears that such was not the intention of the language of this charter?" SECTION 2. The foregoing charter amendments shall be submitted to the qualified voters of the City of Stephenville at the next regular city election to be held in the City of Stephenville on the first Saturday in May, 1989 and being the 6th day of May, 1989, and notice of such election which shall include substantial copy of the proposed amendments shall be given by publication on the same day in each of two successive weeks, the first publication to be not less than fourteen (14) days prior to the election date in a newspaper of, general circulation published in the City of Stephenville. Said election shall be held at the Recreation Hall in the City Park in the City of Stephenville and shall be held under the provisions of the Laws of the State of Texas, and all persons qualified to vote in said City under the Laws of this state shall be permitted to vote. Absentee voting shall be conducted at the office of the City Secretary under normal working hours in the City Hall at 354 North Belknap, Stephenville, Texas, from April 17, 1989 to May 2, 1989, and the hours for absentee voting shall be from 8:30 a.m. to 5:00 p.m. SECTION 3. The ballots for said election shall be prepared in sufficient number and in conformity with the Laws of the State of Texas so as to permit electors to vote "FOR" or "AGAINST" the above charter amendment propositions which shall appear on the official ballot in substantially the same form asherein above set out. SECTION 4. All voters desiring to vote for the adoption of each respective proposed amendment shall check on their ballot with regard to said amendment, if they desire to have same adopted, the word "FOR" and those opposed shall check the word "AGAINST" if they desire to have the same rejected. PASSED and APPROVED this day ofWJ1A,,oJ,-, 1989. Mayor ATTEST: City `Secretary NOTICE OF ELECTION TO AMEND THE HOME RULE CHARTER OF THE CITY OF STEPHENVILLE, TEXAS TO THE QUALIFIED VOTERS OF THE CITY OF STEPHENVILLE, TEXAS: The City Council of Stephenville has passed an ordinance ordering an elec- tion to submit to the qualified voters of Stephenville amendments to the Home Rule Charter of Stephenville as follows: PROPOSITION NUMBER 1 "SHALL the City Charter of the City of Stephenville be amended to change the city election day as provided in Article III, Section 2 from the first Tuesday in April to the first Saturday in May?" PROPOSITION NUMBER 2 "SHALL the City Charter of the City of Stephenville be amended to provide that the word Councilmen as provided in Section 5 of Article III be changed to Councilmembers and providing terms of office for counci Imembers?" PROPOSITION NUMBER 3 "SHALL the City Charter of the City of Stephenville be amended to change Section 7 of Article III to omit from qualfications of Councilmember that he or she have property rendered for taxation and not be in arrears in payment of taxes or any other liability due the City and requiring that he or she has not been adjudged mentally incom- petent and has not been convicted of a felony from which he or she has not been pardoned?" PROPOSITION NUMBER 4 "SHALL the City Charter of the City of Stephenville be amended to change Section 12 of Article III to provide that Mayor and Council may appoint a qualified Councilmember to serve in the event of a vacancy who will serve until a successor has been elected and duly qualified. An immediate vacancy shall be declared should any Councilmember or the Mayor move from the City or be convicted of a crime of a grade above a mi sdemeanoer; in the event of a vacancy occurring in the office of Councilmember or Mayor from any cause what- soever, a special election shall be held within sixty (60) days after the vacancy occurs for the purpose of filling such a vacancy. If the vacancy occurs within ninety (90) days of the general city election, it shall not be filled by special election?" PROPOSITION NUMBER 5 "SHALL the City Charter of the City of Stephenville be amended to add to Section 15 of Article III that the City Council may appoint com- petent and licensed a y Pp a com ttorney residing in the City of Stephenville as Assistant City Attorney, whose compensation may be fixed by the City Council and who shall hold his office at the Council's will and pleasure? PROPOSITION NUMBER 6 "SHALL the City Charter of the City of Stephenville change Section y phenville be amended to 9 17 of Article e III I to provide that the City C adopt the budget of the Cityy Council shall and fix the tax rate of the Cityand appoint the members of the Planning and Zoning commissions theg Commission and any other Council deems necessary to serve the City?" • 1 PROPOSITION NUMBER 7 "SHALL the City Charter of the City of Stephenville be amended to change Article IV, Section 1 to provide that general election of mem- bers of the City Council shall be held on the first Saturday in May or such date as may be set by the Laws of the State of Texas?" PROPOSITION NUMBER 8 "SHALL the City Charter of the City of Stephenville be amended to add to Article IV, Section 3 that applications as a candidate for Council - member shall be in substantially the same form as provided by the office of the Secretary of State?" PROPOSITION NUMBER 9 "SHALL the City Charter of the City of Stephenville be amended to change Article IV, Section 6 to provide that returns of election shall be made by election officers to City Council in a called or regular council meeting not later than six days after election or as specified by the Laws of the State of Texas?" PROPOSITION NUMBER 10 "SHALL Article V of the City Charter of the City of Stephenville be amended to use the words "Municipal Court" in lieu of "Corporation Court" at all places where it appears in this article?" PROPOSITION NUMBER 11 "SHALL Article VI I , Section 8 of the City Charter of the City of Stephenville be amended to provide that expenditures in excess of $5t000*00 must be expressly approved in advance by the City Council and on contracts involving more than $5,000,00, that there shall be an opportunity for competitive bidding; and that on expenditures of more than $10,000.00, on contracts with the City there shall be notice of time and place of letting contract by publication for two consecutive weeks in a newspaper of general circulation in the City of Stephenville; making requirement that any city improvement costing more than $10,000.00 shall be executed by contract, such contracts shall be awarded to lowest responsible bidder after public notice and com- petition; except where City Council authorizes the improvement to be executed directly by a city department in conformity with detailed plans, specifications and estimates; all contracts shall be approved by the City Attorney?" PROPOSITION NUMBER 12 "SHALL Article IX, Section 1 of the City Charter of the City of Stephenville be changed to recognize that appraisal and assessment of city taxes is now governed by the Tax Code of the State of Texas and is vested in the Erath County Central Appraisal District and provides that the City may contract with the Central Appraisal District and Tax Collector of Erath County, Texas for the collection of city taxes issuance of receipts y and •p s therefor, and the City may contract with attorneys for the collection of delinquent taxes y q due the City which has the effect of cancelling Sections one through Ten of Article IX?" PROPOSITION NUMBER 13 "SHALL the City Charter of the City of Stephenville change Article y phenville be amended to 9 le X, Section 10 to recognize that City Council regulate b y ncil shall have full power to re 9 y ordinance the rates and service of ever public utility operating in the cityexcept y given b State L p as such regulations are ��y Law to the Public Utility Commission of the a State of 2 PROPOSITION NUMBER 14 "SHALL the City Charter of the City of Stephenville be amended to add to Article XII, new Section 10, providing that the use of the singular number includes the plural, and the plural the singular, and words used in the masculine gender include the feminine also, unless by reasonable construction, it appears that such was not the intention of the language of this charter?" The foregoing charter amendments shall be submitted to the qualified voters of the City of Stephenville at the next regular city election to be held in the City of Stephenville on the first Saturday in May, 1989 and being the 6th day of May, 1989, and notice of such election which shall include substantial copy of the proposed amendments shall be given by publication on the same day in each of two successive weeks, the first publication to be not less than fourteen (14) days prior to the election date in a newspaper of general circulation published in the City of Stephenville. Said election shall be held at the Recreation Hall in the City Park in the City of Stephenville and shall be held under the provi- sions of the Laws of the State of Texas, and all persons qualified to vote in said City under the Laws of this state shall be permitted to vote. Absentee voting shall be conducted at the office of the City Secretary under normal working hours in the City Hall at 354 N. Belknap, Stephenville, Texas, from April 17, 1989 to May 2, 1989, and the hours for absentee voting shall be from 8:30 a.m. to 5:00 p.m. The ballots for said election shall be prepared in sufficient number and in conformity with the Laws of the State of Texas so as to permit electors to vote "FOR" or "AGAINST" the above charter amendment propositions which shall appear on the official ballot in substantially the same form as herein above set out. All voters desiring to vote for the adoption of each respective proposed amendment shall check on their ballot with regard to said amendment, if they desire to have same adopted, the word "FOR" and those opposed shall check the word "AGAINST" if they desire to have the same rejected. ISSUED this the 24th day of March, 1989.