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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