HomeMy Public PortalAboutOrdinance No. 744-95 02-28-1995 ORDINANCE NO. 744-95
AN ORDINANCE CALLING A SPECIAL ELECTION ON
PROPOSED AMENDMENTS TO THE HOME RULE CHARTER
OF THE CITY; DESIGNATING THE DATE OF SAID
ELECTION; DESIGNATING POLLING PLACES; APPOINTING
ELECTION OFFICIALS; DESIGNATING EARLY VOTING
HOURS AND PLACES; DIRECTING POSTING AND
PUBLICATION OF NOTICES FOR SAID ELECTION;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND
HILLS, TEXAS:
1. That a special election shall be held concurrent with the general election
on May 6, 1995, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. at
which election there shall be submitted to the qualified voters of Richland Hills for
adoption or rejection the following ballot propositions to amend the existing charter
of the City of Richland Hills:
PROPOSITION NO. 1
Amending Section 2.01 "Boundaries" by establishing boundaries
and limits of the City of Richland Hills as those which are on
• file with the City Secretary as the holder of the Official City
Map.
FOR the proposition
AGAINST the proposition
PROPOSITION NO. 2
Amending Section 5.01 "City Officials" by increasing the
incidental expense amounts to $20 and $10 per regular meeting
for Mayor and Councilmember, respectively, from $10 each per
month.
FOR the proposition
AGAINST the proposition
PROPOSITION NO. 3
Amending Section 5.0~, "Qualifications" by deleting the
requirement that candidates for Mayor and City Council not be
in arrears in payment of any taxes or other payment due the
City, to conform to the requirements of state and federal law.
FOR the proposition
AGAINST the proposition
•
744-95
ORDINANCE NO. Page 1
• PROPOSITION NO. 4
Adding a Section 5.12 "Limitations on Successive Terms" to
establish term limits of three consecutive terms, in any
combination of Council offices or places, starting in 1996.
FOR the proposition
AGAINST the proposition
PROPOSITION NO. 5
Amending paragraph "h." (concerning the Grievance
Committee) of Subsection 3., "Powers and Duties of the City
Manager" of Section 6.04 "City Manager" by deleting the
existing provisions thereof and by specifying that the City
Manager will provide an employee grievance system as
approved by the City Council.
FOR the proposition
AGAINST the proposition
PROPOSITION NO. 6
Amending Section 6.08 "Municipal Court", to provide for the
Municipal Court of Record now in use in our City and as
governed by State law, but changing the requirement that the
Judge of said court be a resident of "a city with a population of
• 50,000 or less" to "a city with a population of 100,000 or less"
and located at least in part in Tarrant County, Texas.
FOR the proposition
AGAINST the proposition
PROPOSITION NO. 7
Amending Section 9.04 "Competitive Bidding" by increasing the
contract amount on which the Council may waive
advertisement and bid from $5,000 to $10,000.
FOR the proposition
AGAINST the proposition
PROPOSITION NO. 8
Amending Section 12.01 "Preparation and Submission" to
include a Public Forum to be called in January to hear citizen
comments on items to be included in the budget for the
upcoming year. Also, to move the submission date of the City
Manager's budget to the Council back to between 60 and 90
days before the start of the budget year from 35 days.
FOR the proposition
• AGAINST the proposition
ORDINANCE NO. 744-95 Page 2
• PROPOSITION NO. 9
Amending Section 12.02, "Hearing" by adding a Town Hall
Meeting in the budget process to be held a minimum of 15 days
prior to the state mandated Public Hearing to allow for
consideration of any changes suggested by the citizens.
FOR the proposition
AGAINST the proposition
PROPOSITION NO. 10
Amending Section 13.02, "Power to Tax" by ensuring the City
Council shall make such rules and regulations and ordain and
pass all ordinances deemed necessary to the levying, laying,
imposing, assessing and collection of any taxes provided for in
the Charter.
FOR the proposition
AGAINST the proposition
PROPOSITION NO. 11
Amending Section 15.04, "Various Papers Constituting Petition"
by requiring each petition sheet for recall to state the grounds
and facts supporting each ground for recall.
• FOR the proposition
AGAINST the proposition
PROPOSITION NO. 12
Amending Section 15.05, "Presentation of Petition to City
Council" by increasing the time the City Secretary has to
verify the signatures on the recall petition to 15 days from S
days, and stating the manner in which the petition is presented
to the City Council.
FOR the proposition
AGAINST the proposition
PROPOSITION NO. 13
Amending Section 15.06 "Public Hearing to be Held" by
increasing the time to 15 days from 5 days that the subject of a
recall petition has to request a public hearing to present facts
pertaining to charges on the petition.
FOR the proposition
AGAINST the proposition
•
ORDINANCE NO. 744-95 Page 3
• PROPOSITION NO. 14
Amending Section 15.07 "Election to be Called" by increasing
the time for a special election to be held on recall to between
45 and 60 days from between 25 and 35 days from the date the
petition was presented to the Council.
FOR the proposition
AGAINST the proposition
PROPOSITION NO. 15
Amending Section 15.08 "Ballots in Recall Election",
Subsection (2), by clarifying the result of a "for" or "against"
vote in a recall election.
FOR the proposition
AGAINST the proposition
PROPOSITION NO. 16
Amending Section 17.13 "Ethics", Subsection (3), by providing
fora written notice to be given on a charge of an ethics
violation, a specific time limit for a Public Hearing on said
charges, and pay during this suspension period pending the
outcome of the hearing.
i FOR the proposition
AGAINST the proposition
PROPOSITION NO. 17
Adding a Section 17.22 "Rearrangement and Renumbering" to
provide the Council the power to renumber and rearrange all
sections of the Charter, by ordinance.
FOR the proposition
AGAINST the proposition
2. That a copy of the actual charter provisions, amended as proposed, shall
remain on file in the City Secretary's office until the date of the election, and shall
be open to public inspection and copying during normal business hours.
3. The ballot propositions in the special election shall be voted upon
independently. A proposition shall be approved if it receives a majority of the votes
cast upon that particular proposition.
4. That the polling place for said special election shall be:
City Hall
3200 Diana Drive
• Richland Hills, Texas
Said City shall constitute a single election precinct for said election.
ORDINANCE NO. 744-95 Page 4
• 5. That early voting shall be conducted by personal appearance and by mail at
the City Hall, Richland Hills, Texas, during the period early voting is required or
permitted by law, being April 17, 1995, through May 2, 1995, the hours designated for
early voting by personal appearance shall be from 8:00 o'clock a.m. to 5:00 o'clock
p. m. on each day except Saturdays, Sundays and legal state holidays; and the early
voting clerk shall keep said early voting places open during such hours for early
voting by personal appearance. The early voting clerk for said election shall be the
City Secretary.
6. That all resident, qualified voters of said City shall be entitled to vote at
said election.
7. That notice of said election shall be given by posting a notice in
compliance with the Texas Election Code on the bulletin board used for posting
notices of City Council meetings located at the City Hall, in such manner that said
notice is visible to the public 24 hours per day, seven days per week, not later than
the 30th day prior to the date set for the election. Furthermore, a copy of said
notice of said special election, including a substantial copy of the proposed charter
amendments, shall be published in a newspaper of general circulation within the city
on the same day in each of two successive weeks, with the first such publication
occurring before April 22, 1995.
8. That the following persons shall be the Officers who shall conduct the
election:
Presiding Judge: J. Alan Hollis
6979 Hardisty
Richland Hills, Texas 76118
Alternate Presiding Judge: Loyce Greer
7936 Evelyn
Richland Hills, Texas 76118
The Presiding Judge shall appoint not less than two nor more than five qualified
election clerks to serve and assist in conducting said election; provided, that if the
Presiding Judge actually serves as expected, the Alternate Presiding Judge shall
serve as one of such clerks.
9. The Presiding Judge, Alternate Presiding Judge and such election clerks
as are appointed by the Presiding Judge shall also serve as the Early Voting Ballot
Board for such election.
10. The City Secretary shall deliver copies of this Ordinance to the Presiding
Judge and Alternate Presiding Judge appointed herein not later than the twentieth
day after the date of this Ordinance, which copies so delivered shall constitute
notice to the Presiding Judge and Alternate Presiding Judge of their appointment as
provided by law.
11. That said election shall be held in compliance with the Charter of the
City of Richland Hills, Texas, and the Texas Election Code.
•
ORDINANCE NO. 744-95 Page 5
. Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting
of the Richland Hills City Council on the 28thday of February 1995, by a vote
of ~ ayes, 0 nays, and 0 abstentions.
APPROVED:
~ Gam----
C. F. Kelley, Mayor
ATTEST:
•
Terri Willis, City Secretar
VED AS TO FORM A~VD LEGALITY:
Paul F. Wieneskie, City Attorney
681MLIB/bh/020995
ORDINANCE NO. 744-95 Page 6