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OR 89-436 Orders election - amendments to the Home Rule Charter CHARTER AMENDMENT ELECTION Coppell, Texas May 6, 1989 ORDINANCE NO. 89436 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ORDERING AN ELECTION TO BE HELD MAY 6, 1989, (IN CONJUNCTION WITH THE REGULAR CITY OFFICERS ELECTION) FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY PROPOSED AMENDMENTS TO THE HOME RULE CHARTER OF THE CITY OF COPPELL; PROVIDING FOR THE PUBLICATION OF NOTICE; PROVIDING FOR ABSENTEE VOTING; PROVIDING FOR THE APPOINTMENT OF ELECTION JUDGES AND CLERKS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. IT IS ORDERED that an election be held in the City of Coppel], Texas, on the 6th day of May, 1989, for the purpose of submitting to the qualified voters of the City the amendments to the Home Rule Charter of the City of Coppell contained in Exhibit "A" attached hereto and made part hereof for 811 purposes. Said election shall be held in conjunction with the regular city officers election heretofore ordered to be held on the same date and at the same time. SECTION 2. The polling place for said election shall be the Pinkerton Elementary School, 260 Southwestern Blvd., Coppell, Texas. The polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. All qualified voters of the City may vote at said election. SECTION 3. This ordinance shall serve as the notice to be given of said election and shall, as required by law, be published in the official newspaper of the City on the same day in each of two (2) successive weeks, with the first publication occurring before the 14th day before the date of the election. Notice shah also be posted on the City bulletin board used to publish notice of City Council meetings. A copy of the published notice that contains the n~me of the newspaper and the date of the publication shall be retained as 8 record of such notice. The person posting the notice on the City bulletin board shall make a record at the time of posting stating the date and place of posting. SECTION 4. The ballot shah be prepared in a manner that the voter may vote "for" or "against" each amendment in the form of a proposition, without voting "for" or "against" on all of said propositions. Said propositions shall be placed on the same ballot as shall be used for the Regular City Officers Election. Each such proposition, if 8pproved by a majority of the qualified voters voting at said election, shall become a part of the Charter of the City of Coppell. SECTION 5. The Presiding Election Judge, all other election officials and election clerks appointed to serve at the Regular City Officers Election shah serve as the the election officials for this Charter Amendment Election the same as if this election had been called and ordered in the same order that called the Regular City Officers Election. SECTION 6. Absentee voting for the above designated election shall be held at the regular office of the City Secretary at the City Hall Building, Coppell, Texas, and said place of absentee voting shall remain open on each day of absentee voting which is not a Saturday, Sunday or a legal state holiday, beginning on the 20th day and continuing through the 4th day preceding the date of said election. Said place of absentee voting shall remain open during the hours the City Secretary's office is regularly open for business. SECTION 7. After holding said election, the Election Judges shall promptly make their returns to the City Secretary and to the Mayor, and the Secretary shall thereafter present such returns to the City Council for the canvassing of said election. The canvass of said election returns shah be conducted by the City Council not earlier than the 2nd day nor later than the 6th day after the election. SECTION 8. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED AND ADOPTED by the City Council of the City of Coppell, Texas, this the 3 rd day of April 1989. LOU DUGGAN, MAYOR ATTEST : DOROTHY TIMMONS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY CO89-0322 EXHIBIT "A" PROPOSITION NO. 1 To amend Seetions 3.05 and 4.01 {B) to provide that the City Manager shall sign and execute for and on behalf of the City all contracts and agreements approved by the City Council and when the City Manager is not available the Deputy City Manager or Mayor may sign and execute such contracts and agreements which have been approved by the City Council. Otherwise, said sections to remain unchanged. PROPOSITION NO. 2 To amend paragraph 4 of Section 3.06 to read as follows: "Notwithstanding the requirement in this Section and Section 3.01, that a quorum of the City Council consist of five (5) Councilmembers, if at anytime the membership of the City Council is reduced to less than five (5) Councilmembers, the remaining members may, by majority action, appoint additional Councilmembers to raise the membership to five (5). These appointees shall serve until the positions can be filled at the next regular or special City election. All vacancies filled by election shall be for the remainder of the unexpired term of office so filled." (The underscored portion of the above proposition was unintentionally omitted when the initial charter was printed) PROPOSITION NO. 3 To amend Section 4.01(D) by adding thereto a new subsection 10 to read as follows: "10o The City Council may by ordinance establish certain limitations within which the City Manager may be authorized to sign and execute contracts for and on behalf of the City without specific City Council approval. PROPOSITION NO. 4 To amend Section 4.04 by deleting the unnecessary sentence that says "The Director of Finance shall be fully responsible for carrying out enforcement of the resolutions and ordinances of the City." PROPOSITION NO. 5 To amend Section 4.06(C) to provide that the Clerk of the Municipal Court shall receive compensation as shall be determined by the City Manager. (This Section now provides that the Municipal Court Clerk shall receive compensation as may be determined by the City Council) PROPOSITION NO. 6 To amend Section 4.10(E) to provide that the City Engineer shall receive compensation as may be determined the City Manager. (This Section now provides that the City Engineer shall receive compensation as may be determined by the City Council) PROPOSITION NO. 7 To amend Section 5.01(A) to provide that the regular City election will be held annually on the first Saturday in May. (This Section now provides that the annual election will be held on the first Saturday in April. This change is to comply with state law that requires such an election to be held on the first Saturday in May) PROPOSITION NO. 8 To amend Section 5.07 to read as follows: "In the event no candidate for an elective office receives a majority of the votes cast for that position in a regular or a special election or if there is a tie for first place, a runoff election shall be held pursuant to Section 2.025 of the Texas Election Code." (This change brings the City Charter into compliance with a newly adopted provision of the Texas Election Code) PROPOSITION NO. 9 To amend the caption and first sentence of Section 8.03(D) to read as follows: "D. BOARD OF ADJUSTMENT The City Council shall appoint a Board of Adjustment consisting of five (5) members and four (4) alternate members who shah serve in accordance with Local Government Code § 211.008 V.T.C.A." (This section now provides that the Board shall be known as the "Zoning" Board of Adjustment and shall have two (2) alternate members) PROPOSITION NO. 10 To amend Section 9.02(A) by adding thereto a new subsection 5 which shall read as follows: "5. The Planning and Zoning Commission shall establish rules and regulations, not inconsistent with state law or the ordinances of the City, for the operation of the Planning and Zoning Commission." PROPOSITION NO. 11 To amend Section 3.13 (B) by adding thereto a new sentence to read as follows: "Copies of the proposed ordinance, in the form required for adoption, shall be made available at the City offices and furnished to citizens upon request." PROPOSITION NO. 12 To renumber Section 5.08 of the present code to 5.09 and add a new Section 5.08 which shall read as follows: "Section 5.08 OATH OF OFFICE Every officer of the City shall, before entering upon the duties of their office, take and subscribe to the following oath or affirmation to be filed and kept in the office of the City Secretary: I, , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of of the City of CoppeI1, State of Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this state and the charter and ordinances of the City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected or if the office is one of appointment, to secure my appointment, so help me God." PROPOSITION NO. 13 To amend Section 11.06 by adding thereto a new subsection C which shall provide that no employee of the City shall engage in a political campaign involving the office of Coppell City Council, become a candidate for office on the Coppell City Council or become a candidate for office on the governing body of any local area political subdivision which has overlapping jurisdiction with the City of Coppell, including but not limited to, such political subdivisions as Coppell Independent School District, Dallas County, or Coppell Municipal Utility District.