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Home Rule Charter Amendments ~b4 ~ I !1 M ;i I j i I I I ~ ARTICLE 1 Section 1.0 I Section 1.02 Section 1.03 Section 1.04 ARTICLE 2 Section 2.01 Section 2.02 Section 2.03 ARTICLE 3 Section 3.01 Section 3.02 Section 3.03 Section 3.04 Section 3.05 Section 3.06 Section 3.07 Section 3.08 Section 3.09 Section 3.10 Section 3.11 Section 3.12 Section 3.13 Section 3.14 Section 3.15 Section 3.16 -4 ARTICLE 4 Section 4.01 Section 4.02 Section 4.03 Section 4.04 Section 4.05 Section 4.06 Section 4.07 Section 4.08 Section 4.09 Section 4.10 Section 4. II i I q f3CJ /qq/ a/l&~ /q86 III TABLE OF CONTENTS filE COpy FORM OF GOVERNMENT AND BOUNDARIES Form of Government ........................ The Boundaries ............................. Extension of Boundaries ..................... Contraction of Boundaries ................... POWERS OF THE CITY General ..................................... General Powers Adopted ..................... Eminent Domain ............................ THE CITY COUNCIL Number, Selection and Term................. Qualification of Members .................... Judge of Elections and Qualifications ......... Compensation ............................... Mayor and Mayor Pro Tern. .. ... .. .. .... ... . Vacancies, Forfeiture and Filling of Vacancies ................................... Powers of the City Council ................... Prohibitions ................................. Meetings of City Council ..................... Quorum .................................... Conflict of Interest and Abstention ........... Rules of Procedure .......................... Passage of Ordinances in General ............. Authentication, Recording, Codification, Printing and Distribution .................... Investigations by the City Council ............ Bond...................................... . ADMINISTRA T1VE SERVICES City Manager ............................... Police Department . . . . . . . . . . . . . . . . . . . . . . . . . . . Fire Department ............................ Finance Department ......................... City Secretary ............................... Municipal Court ............................ City Attorney ............................... Department of Health and Sanitation ......... Personnel System ............................ City Engineer ............................... Other Departments .......................... 2 2 2 3 3 3 3-4 "- 4 '. 4-5 5 5 5 5 6 6 6-7 7 7-8 8 8-9 9-10 10 10 10 10-11 11-12 12 12 12-13 13 . ----- --- ~ . .'~;':,~ I t:~qt. .i"j a4/Uf!,U~ 1991 -.r IIlLIl c:uua ~ut .....~ 1 ftIIJ 9 Proposition No. 1 ShaI a new secIion 6.15 be added to ArIIcIe 6 to read as fellows: "Section 6.15 OTHER ELECTIONS Arr'f peIiIIon filed wiIh 1he city thai seeks 1he caIng of M election not provided for in seclIon 6 of this 1I1icIe, shaI conform to and be processed by 1he city as provided for in this article lrilss othllI wise r&qUired by law." rOR: ~ST 57 391 Proposition No. 2 Shall the following be added to Section &01: "The City Council may appoint certain ad hoc committees by resokJtion. " POR: 324 AGAIIlST 125 Proposition No.3 ShaD the following be added to Section 8.03E: "The City Council may appoint certain ad hoc comrniltees by resolulion. " POI: 328 AGUIlST 130 Proposition No. 4 ShaD the frrst sentence of Section 8.04 B be amended to read as follows: "An appeal may be taken to the City CooociI from any decision of any board, CXlmfJ1ission, committ8e or other body, except from decisions of the Board of Adjustment and other such boards where the appeal is otherwise prescribed by law: POR: 383 71 AGAIftT '. . ---- --~---- ~. No. 5 ,':.<;"i.'J.-t"~i'~~ >,'~_.-- .'... . . - "."i ~~. ~ " Shallhe foIowtJg be lUted ID SecIIon 8.04F: "Where the boan::l, COt,.,~ or \iUl1..-'" Il1lNIIs by . caIed meeIing only, en absence of more then 50 per cent of the caIed meetings cUing any six monIh period shaI be O;ru2udA ~ ./U!-1-11.-~~. POI: 434 AGADST 34 Proposition No. 6 ShaD the third and fourth sentences of Section 8.03F be lIrTl8Ilded to read as follows: "Each year theleal\er the City Cotn:iI shaI make lis appointments to aI bc&ds and COt'.I....1S cUing the month of Sepe..1bo. or as soon thel88fter as possible. In the fMlnt 8 vacancy Is cr&8l8d on any boerd or commission r&qUired by this ct&ter, the City Cou1CiI may iii such vacancy wiIhin 30 days of such vacancy." POll: 418 AGAIlIST 43 Proposition No. 7 Shall the last sentence of Section 8.04F, be amended to read as foIows: "Ordinances aeaIIng any board, corrmIssion or COt,I,1itIee shaI provide lhet if any member Is absent from Itvee conseaJlive regUar meetings, or by tis absence caJSeS 8 regular meeting ID be canceled becaJSe of I8ck of a quoruTl, his position shaI be declared vacant and the vacancy may be fiRed for the remainder oIlhe LIl8lCpired Ierm by the CIty Council within 30 days after the vacancy ocan." POI: 397 AG.lIHST 66 Proposition No.8 ShaI Section 10.03 be amended to read as follows: "Any ordinance granting, renewing, extending or lIrTl8Ildi IQ a public service franchise shaI not take eft'8ct mtiI thirty (30) days after adoption of the ordinence plIing lhe franchise. A sunvnary of the ordinance shaI be pubIshed one time in the oIIiciaI newspaper of the City at least 15 days prior ID adoption of the ordinance. No franchise shaI be exclusive: POR: 400 AG.lIIlST 55 :..:tJ(~._......... ....:~..' '- . -- -- _. ProposIl.. No. 9 ShaI Section 5.lI! be amended 10 reed as foIows: . ~----'._. .~-.;..,...---~- ....... ---- -.. "Section 5.lI! OATH OF OFFICE Every ofticer of the City shaI, before a1I8rlng upon the cllIies of his oIIice, lake and subscrbe to the following oath or aIIlrmation to be filed lRf kept in the olIice of 1he Cly Secretary: I, , do soIBrmIy swear (or affirm) that I wi faithfully 8X8CUIe the duties of the olIice of of 1he CIty of CoppeII, State of Texas, and wiI to the best of my ablIly preserve, protect and defend the ConstlIution and laws of the United States lRf or !tis.StaIe SO help be God.. POR: 434 ACAIIIST 25 '. . - - ----- ----- - - HOME RULE CHARTER AMENDMENTS 16',8'1 ~~ - PROPOSITIONS 1 THRU 13 PROPOSITION NO. 1 To amend Sections 3.05 and 4.01 (D) 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. FOR: 1608 AGAINST: 271 PROPOSITION NO. 2 To amend paragraph 4 of Section 3.06 to read as follows: "Notwithstanding the requirement in this Section and Section 3.10, 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 remaininq members may, by maiority 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." FOR: 1279 AGAINST: 614 PROPOSITION NO. 3 To amend Section 4.01 (D) by adding thereto a new subsection 10 to read as follows: "10. 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." FOR: 1081 AGAINST: 686 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." FOR: 1442 AGAINST: 358 . -- 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.) FOR: 1181 AGAINST: 627 PROPOSITION NO. 6 To amend Section 4.10(E) to provide that the City Engineer shall receive compensation as may be determined by City Manager. (This Section now provides that the City Engineer shall receive compensation as may be determined by the City Counci 1 . ) FOR: 1136 AGAINST: 697 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 onthe first Saturday in May.) FOR: 1807 AGAINST: 64 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.) FOR: 1776 AGAINST: 85 . -- - - ---- 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 shall serve in accordance with Local Government Code Section 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.) FOR: 1570 AGAINST: 216 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." FOR: 1576 AGAINST: 208 PROPOSITION NO. 11 To amend Section 3.13 (B) by adding thereto a new sentence to read as follows: "Copies of the proposed ordinance, adoption shall be made available at furnished to citizens upon request." in the form required for the City offices and FOR: 1783 AGAINST: 60 . - 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 5.09 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 Coppel1, 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." FOR: 1737 AGAINST: 82 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 Coppe11 City Councilor 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 Coppel1 Independent School District. Dallas County, or Coppel1 Municipal Utility District. FOR: 1201 AGAINST: 548 '- .