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HomeMy WebLinkAbout1989-O-13 - Adopting and Making a Part of the City Charter Amendments Passed and ApprovedORDINANCE N0. 1989-1? ORDINANCE ADOPTING AND HARING A PART OF THE CITY CHARTER AN OR PASSED AND OF THE CITY OF STEPHENVILLE CRVOTE�OF ,� �,l.Y OgSSTEPHENVILLE APPROVED BY THE QUALIFIED E ALLY HELD ON MAY b, 1989. AT E DULY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section 0_ • passed at meeting duly the City Council l duly pa • ded that B ordinance of 4 1989 it was prove y held on March 2 the City of and regularly al i f ied voters o f be submitted to the qualified of the City of there amendments to the charter Stephenville amen amendments are hereinbelow set P which charter amendm Stephenville, n May 6, 1989. Notice was election to be held on y publication of s out, such dd by law by given of said electron as Provire-Tribune, a newspaper e in the Stephenville Empi such notice o f Ste henville on the r culat ion in the C i ty p f its t same day in each of two successive w of general ci weeks with the a before the date of • occurring before the 14th day he publication occur g due and legally held on t lection. Such electron was y amendments and the e f such amendments, such adoption or refection o the votes thereon being as follows: PROPOSITION NUMBER 1 . . Cit of Stephenville be the City t Charter o f the y ided in SHALL y it election day as prov amended to change the city Tuesday in April • Section 2 from the first y Article III, ?„ to the first Saturday in May. FOR 1227 AGAINST: 600 PROPOSITION NUMBER 2 • • the City of Stephenville be "SHALL the amity Charter of y . provided in provide that the word Councilmen as prov amended to pr to Councilmembers and Section 5 of Article III be- changed providing to ?,� terms of office for councilmembers. FOR 1253 AGAINST: 606 PROPOSITION NUMBER 3 • �� of the City of Stephenville be SHALL the City Charter to omit from change Section 7 of Article III amended to g t he or she have property qualifications of Councilmember that • q not be in arrears in payment of rendered for taxation and 'n taxes or any other liability due the City and requiring that mentally incompetent and has he or she has not been adjudged not been co nvicted of a felony from which he or she has not been pardoned?" FOR 783 _ AGAINST: 1023 -1- "SHALLPROPOSITION NUMBER 4 . the City Charter • amended to of the city of Ste h • change Section 12 of Article A enville be Mayor and Council III to provide that serve may appoint a qualified Cou in the event of a vacancyncilmember to successor has been who will serve until a elected and duly qualified. f i • vacancy shall be declare q ed• An immediate Mayor d should any Councilmem y move from the Cityor ber or the grade above be convicted of a crime • ve a misdemeanor; in the of a occurring in the office of event of a vacancy cause whatsoever Councilmember or Mayor from • never, a special election Y any sixty (60) days aft shall be held within fillingY after the vacancy occurs for the such a vacancy, I purpose of Y f the vacancy occurs withi(90) days of the general n ninety filledg ral city election, it shall by special election?" not be FOR 1195 AGAINST: 618 " PROPOSITION NUMBER 5 SHALL the City Charter of the ' amended to a e City of Stephenville be add to Section 15 of Article I • appoint II that the City Council may PP t a competent and licensed attorney residing in the City of Stephenville orney w P ville as Assistant city y, hose compensation may be fixed b Y Attorney, y the City Council and who shall hold his office at the ouncil C's pleasure? well and FOR 993 AGAINST: 811 PROPOSITION NUMBER 6 SHALL the City Charter of the City• of Stephenville be amended to change Section 17 of Article III to ro • the Cit Council shall provide that Y ll adopt the budget of the Cityand fix the tax rate of the Cityand Planning appoint the members of the and Zoning Commission and an other commissio ns ons the Council deems necessary to serve the Cit ? ��I Y• FOR : 920 AGAINST: 888 PROPOSITION NUMBER 7 SHALL the City Charter of the Cityof Stephenville P e be amended to change Article IV, Section 1 to provide that general election of members of the CityCouncil shall on the first be held st Saturday in May or such date as may be set b the Laws of the State of Texas?" y FOR 1241 AGAINST: 532 PROPOSITION NUMBER 8 SHALL the City Charter of the Cityof Stephenville amended to add to A P e be Article IV, Section 3 that applications as a candidate for Councilmember shall be in substantial ly the same form as provided by the office of the Secretary ary of FOR 1169 AGAINST: 571 -2- PROPOSITION NUMBER 9 Charter of the City of Stephenville be SHALL the city Cha ide that d to change Article IV, Section 6 to prov amended g y n officers b election returns of election shall be made to city Cou ncil in a called or regular council meeting election or as specified days after el not later than six y b the Laws o f the State o f Texas?" ?„ Y FOR : 1285 AGAINST: 482 PROPOSITION NUMBER 10 SHALL Article V of the City Charter of the City of Stephenville be amended to use the words "Municipal Cour t" in lieu of "Corporation Court„ at all places where it appears in this article?" FOR 1213 AGAINST: 524 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?" FOR 1275 AGAINST: 500 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?" FOR 1096 AGAINST: 662 -3- PROPOSITION NUMBER 13 SHALL the City Charter of the City• of Stephenville be amended to change Article X, Section 10 to recognize ze that City Council shall haveg l full power to regulate by ordinance the rates and service of ever public u • Y P utility operating In the cit y except as such regulations are given b State Law the Public UtilityCommission Y to ssion of the State of Texas?" FOR : 1068 AGAINST: 714 PROPOSITION NUMBER 14 SHALL the City Charter of the Cityof Stephenville P be amended to ad d to Article XII, new Section 10, providing that the use of the singular P g g ar number includes the plural, and the plural the singular, and words used in the masculine gend er er include the feminine also, unless by reasonable construction it appears that such was not the intention of the language of this charter?" FOR : 1119 AGAINST: 554 Section Two The returns of said election showing the votes as above set out were duly delivered to the City Council and on May 9, 1989 at regular meeting of the Council said votes were canvassed and the Council declared that all of the amendments had passed as above set out except the amendment set out in Proposition Number Three. Said amendments as passed were not officially adopted at that time because of order entered in suit pending against the City of Stephenville in Cause No. 89-04-19126-CV pending in the 266th District Court of Erath County, Texas, that such amendments not be adopted by the City until final determination of the merits of this cause of action. This suit has been finally determined by the Court by dismissal of said suit with prejudice by the Court. Section Three Said charter amendments as approved by the voters at said election of May 6, 1989 are hereby adopted by the City Council of Stephenville and are hereby made a part of and incorporated into the charter of the City of Stephenville and are as follows: 1. Article III, Section 2 is amended to change the election day from the first Tuesday in April to the first Saturday in May. 2. Article III, Section 5 is amended to change the word Councilmen to Councilmembers and providing terms of office for councilmembers . 3. Article III, Section 12 is amended 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 -4- 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: Article III Section 15 is amended to add thereto that 4. Art � the City Council may appoint a competent and licensed attorneyresiding in the City of Stephenville as • � compensation may be fixed Assistant City Attorney, whose co p y by y the City Council and who shall hold his office at the Council's will and pleasure: 5. Article III, Section 17 is amended to change Subsection 2 thereof to read "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." 6. Article IV, Section 1 is amended to read "The general election for 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." 7. Article IV, Section 3 is amended to provide that applications as a candidate for Councilmember shall be in substantially the same form as provided by the office of the Secretary of State. 8. Article IV Section 6 is amended to read "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 " 9. Article V is amended to use the words "Municipal Court" in lieu of "Corporation Court" at all places where it appears in this article. 10. Article VII, Section 8 is 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: 11. Article IX, Section 1 is amended to read "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 -5- 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." 12. Article 10, Section 10 is amended to read "the 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." 13. Article XII is amended by adding thereto new Section 10 reading "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:" PASSED and APPROVED this S,��k7 day of 1989. ATTEST: City Secretary Mayor u