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OR 2001-958 Amendments to Home Rule CharterAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2001-958 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ADOPTING AMENDMENTS TO THE HOME RULE CHARTER APPROVED BY VOTERS OF THE CITY OF COPPELL AT A SPECIAL ELECTION HELD ON AUGUST 11, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council ordered a special election to be held in the City of Coppell, Dallas County, Texas, on August 11, 2001 for the purpose of adopting amendments to the Home Rule Charter of the City of Coppell, Dallas County, Texas; and WHEREAS, immediately after said election, the presiding judges and other election officials holding said election made their returns and results thereof to the City Council; and WHEREAS, majority of the votes cast at said election were for the adoption of Propositions 1-5 amending the Home Rule Charter of the City of Coppell, Dallas County, Texas; and WHEREAS, the City Council canvassed the results of the election on Tuesday, August 14, 2001; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Proposition 1 was adopted wherein Section 3.01 is to be amended to increase the terms of office for the Mayor and Council members from two (2) years to three (3) years, beginning with the regular municipal election for May, 2002 and that the Home Rule Charter, Article 3, Section 3.01, shall now hereby read as follows: "SECTION 3.01 NUMBER, SELECTION AND TERM The mayor and councilmembers.., shall serve for a term of three years .... .... At the regular election of municipal officers in May of 2002, there shall be elected one councilmember for Place 1, one councilmember for Place 3, one councilmember for Place 5 and one councilmember for Place 7, each to serve a three year term; and at the election of the municipal officers in may of 2003, there shall be elected a mayor for a three year term and one councilmember for Place 2, one councilmember for Place 4 and one councilmember for Place 6, each for a three year term." SECTION 2. That Proposition 2 is adopted to amend Article 3, Section 3.06(C) to provide for the calling of a special election to fill vacancies in the office of Mayor and Council and is hereby amended to read as follows: "SECTION 3.06 VACANCIES, FORFEITURE AND FILLING OF VACANCIES C. Filling of Vacancies If one or more vacancies shall occur, a special election shall be called by the City Council to fill the unexpired term(s)." SECTION 3. That Proposition 3 is adopted to amend Article 7, Section 7.04(D) to authorize the City Manager to transfer unencumbered funds in the City budget among departments, offices and agencies within a fund of the City and is hereby amended to read as follows: "SECTION 7.04 AMENDMENTS AFTER ADOPTION B. C. D. Transfer of Appropriations At any time during the fiscal year, the city manager may transfer part or all of any unencumbered appropriation balance of an approved budget among departments, offices and agencies within a fund. 42836 SECTION 4. That Proposition 4 is adopted to delete in their entirety Article 8, Section 8.03 and Article 9, Section 9.02; and, to amend Article 8, Section 8.01 to authorize the City Council to establish, by ordinance, such boards, commissions, and committees as required or permitted by state law and as deemed necessary by the City Council, which shall read as follows: "SECTION 8.01 AUTHORITY The City Council shall create, establish or appoint, as may be required by the laws of the State of Texas, such boards, commissions and committees as it deems necessary to carry out the functions and obligations of the city. The City Council shall, by ordinance, prescribe the purpose, composition, functions, duties, accountability and tenure of each board, commission and committee, where such are not prescribed by law. Individuals may be appointed to serve on more than one (1) board, commission, or committee. The City Council may, by ordinance, consolidate the functions of the various boards, commissions or committees unless otherwise required by State law. SECTION 8.02 SECTION 8.03 RESERVED ARTICLE 9 PLANNING SECTION 9.01 POWERS OF THE CITY SECTION 9.02 RESERVED" SECTION 5. That Proposition 5 is adopted to amend Article 8, Section 8.04 to eliminate references to boards, commissions, and committees and is hereby amended to read as follows: 42836 "SECTION 8.04 GENERAL Ao Open Meetings All meetings of any board, commission or committee created, established or appointed by the City Council shall be open to the public in accordance with the Texas Open Meetings, as amended. Bo Appeals to City Council An appeal may be taken to the City Council from any decision of any board, commission, committee or other body except from decisions as authorized by state law or duly adopted by ordinance. to Exclusion of City Officers and Employees No officer of the city nor any person who holds a compensated appointive position with the city shall be appointed to any board, commission or committee of the City other than in an advisory capacity. Fo Rules and Regulations All boards, commissions or committees established or created by ordinance shall set out such rules and regulations for operation thereof unless specifically prescribed by the laws of the State of Texas ..... " SECTION 6. That the City Secretary shall record in the Office of the City Secretary, the Charter amendment adopted by the voters of the City; and pursuant to Section 9.007, TEX. Loc. GOV'T CODE, the Mayor shall certify to the Secretary of State of the State of Texas, an authenticated copy of this Ordinance and said amendment to the Home Rule Charter under the seal of the City, showing the approval by the qualified voters of the City of Coppell, Dallas County, Texas. SECTION 7. That this ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. 42836 DULY PASSED by the City Council of the City of Coppell, Texas, this the 28th day of August2001. CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY ROBERT E. HAGER, CITY ATTORNEY 5 42836