08-12-06-Ordinance-Ordering an Election Home Rule Charter Amendments-08/21/2006ORDINANCE NO. 08-12-06
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ORDERING AN
ELECTION ON PROPOSED AMENDMENTS FOR THE HOME RULE
CHARTER OF THE CITY OF SANGER TO BE HELD ON NOVEMBER
7, 2006; PROVIDING FOR THE PUBLICATION AND POSTING OF
NOTICE; AUTHORZING THE CITY MANAGER AND CITY
SECRETARY TO EXECUTE AN ELECTION AGREEMENT AND
ELECTION SERVICES CONTRACT WITH DENTON COUNTY
ELECTIONS DEPARTMENT; REPEALING ORDINANCE NUMBER 08-
10-06; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has reviewed amendments to the Home Rule
Charter of the City of Sanger; and
WHEREAS, the City Council desires to conduct an election on the proposed
amendments on November 7, 2006; Now Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS:
SECTION 1. That the hereinafter proposed amendments to the Home Rule
Charter of the City of Sanger, Texas, shall be submitted to the City's qualified voters for
their approval or disapproval at an election to be held on November 7, 2006.
SECTION 2. That notice of the election shall be posted on the bulletin board
used to post notice of the City Council meetings, shall be published in a newspaper of
general circulation published in the City, and shall include a substantial copy of the
proposed amendments. That said notice must be published on the same day in each of
two successive weeks, with the first publication occurring no earlier than the thirtieth day
but before the fourteenth day before the date of the election. A copy of the published
notice that contains the name of the newspaper and the date of publication shall be
retained as a record of such notice, and the person posting the notice shall make a record
of the time of posting, starting date, and the place of posting.
Page 1 of 10 68780
SECTION 3. That the election on the proposed Charter amendments shall be
conducted in accordance with an Elections Services Contract between the City of Sanger
and the Denton County Elections Department for the election on November 7, 2006.
SECTION 4. The City Secretary shall present the election returns to the City
Council at a Council meeting for the canvassing of said election in accordance with the
Texas Election Code.
SECTION 5. Each amendment submitted must contain only one subject, and the
ballot shall be prepared in a manner that the voters may vote "for" or "against" any
amendment or amendments without voting "for" or "against" all of said amendments.
Each such proposed amendment, if approved by the majority of the qualified voters
voting at said election, shall become a part of the Home Rule City Charter of the City of
Sanger, Texas, in the form set out in Section 6 of this ordinance or in Exhibit "A"
attached hereto and made part hereof for all purposes.
SECTION 6. That the ballot propositions for the proposed amendments to the
Home Rule City Charter shall be as follows:
"PROPOSITION 1
Shall all typographical errors be corrected within each Article, Section and Subsection of
the City of Sanger Home Rule Charter, wherever such typographical errors occur and are
identified, including but not limited to the corrections set forth below:
In section 1.02 C, line four, the phrase "territory and the" should be deleted.
In section 3.01 D, the word "rendered" should read "reconsidered".
In section 5.01 B, the word "cleric" should read "clerk".
In Section 8.01 C, the word "capita" should read "capital."
In Section 9.03 A, the word "Managers" should be "Manager's".
In Section 9.03 A, line 2, the word "devious" should read "previous".
In Section 9.11, line seven, the word "malting" should read "making".
In Section 10.05 B, the word "Adjustments" should read "Adjustment".
In Section 10.05 D, the word "Boards" should read "Board".
In Section 10.05 F, the word "Adjustments" should read "Adjustment."
Page 2 of 10 68780
In Section 12.10, the reference to "the Local Government Code" should be "the
Government Code".
In Section 12.11, line eight, the word "direct" should read "directed".
In Section 12.15, line three, the word "trued" should read "construed".
PROPOSITION 2
Shall Article I, Section 1.02 C. of the Sanger City Charter be amended, to delete
requirements not required by state law, and to conform with the requirements in Section 43.062
of the Local Government Code, by deleting the publication requirement beginning on line 7
with the phrase "and shall be published one time in the official newspaper." And to delete the
two reading requirement by deleting that portion of the sentence which reads, "The proposed
ordinance shall not thereafter be finally acted upon until at least thirty (30) days have elapsed
after the publication thereof; and..." amending the remaining phrase of that sentence to stand
alone and be retained to read as follows: "Upon the final passage of such ordinance, the
boundaries of the City shall thereafter be as fixed in such ordinance."
PROPOSITION 3
Shall Article III, Section 3.05 be amended to add, as subsection D, the following: "No
member of the City Council shall be qualified to become a candidate for election to any
position on the City Council, other than for reelection to the same seat, unless such member
shall first submit to the City Secretary his or her written resignation from the City Council, to
be effective at the time of the canvass of the results of the next regularly scheduled City
officers' election. If any member of the City Council whose term would not otherwise expire at
the time of the canvass of the results of a regular City officers' election shall enter said election
for a different position, such member's term shall be deemed to have been vacated at the time
of the canvass of the election results, whether the candidacy of said member is successful or
not. In the event of such resignation, the City Secretary shall notify the City Council, which
shall fill the vacancy created in the manner provided by this Section 3.05."
PROPOSITION 4
Shall Article IV, Sections 4.02, 4.03 and 4.03A of the Sanger City Charter be amended to
be consistent with Section 4.0113, by deleting from the first sentence of each of those sections,
the same phrase "... subject to the approval of the City Council".
PROPOSITION 5
Shall Section 4.05 of Article IV of the Sanger City Charter regarding Appeals Board be
deleted in its entirety to conform to the grievance procedure already in place by the City's
personnel policy.
Page 3 of 10 68780
PROPOSITION 6
Shall Article VII, Section 7.01 of the Sanger City Charter be amended to conform to state
law to provide that the regular city election be held on the uniform election date in May in
accordance with the Texas Election Code
PROPOSITION 7
Shall Article VIII, Section 8.03.A. of the Sanger City Charter be amended to change the
requirement of petitioners to provide both their date of birth and voter registration number to
require either their "....date of birth or voter registration number...".
PROPOSITION 8
Shall Article X, Section 10.01 be amended to include a provision for the City Council to
establish and maintain a list of persons who are qualified and willing to serve on boards,
commissions and committees to form a pool of possible alternates and members for
appointment as deemed necessary by the City Council.
PROPOSITION 9
Shall Article X, Section 10.02 be amended to add, as subsection number 5, a provision
for the appointment of alternates to all boards."
SECTION 7. That Ordinance number 08-10-06 is hereby repealed and replaced
by this ordinance, which shall become effective from and after its date of passage in
accordance with the law and Charter.
DULY APPROVED AND PASSED by the City Council of the City of Sanger,
Denton County, Texas on the -i day of AI t t C w _`a J- , 2006.
'',1 104G
g
MAYOR
ATT T: l
CITY SECRETARY ✓
VED AS T O
CITY ATTORNEY
Page 4 of 10 68780
(RLD/mew/08/08/06)(68780)
Exhibit "A"
ARTICLE I. FORM OF GOVERNMENT AND BOUNDAIRES
Sec. 1.02 Boundaries and Limits
ARTICLE VIII. ANNEXATION AND DISANNEXATION
The City may from time to time alter its boundaries by annexing any territory adjacent to its
present or future boundaries in any size or shape desired in any manner provided by state law. In
addition thereto, the City may annex additional territory lying adjacent to the City with or without
the consent of the inhabitants or property owners of a territory annexed where the same is not
inconsistent with state law. Such annexations shall be accomplished by Ordinance providing for
the alteration and extension of the boundary limits, which ordinance shall describe the territory to
be annexed. Amendments reducing the area may be incorporated into the proposed Ordinance
without the necessity of publishing said amendments and without the necessity of republication of
said Ordinance as amended. Upon the finally passage of such ordinance, the boundaries of the
City shall thereafter be as fixed in such ordinance. The additional territory annexed shall be a
part of the City and the property situated therein shall bear its pro rata part of the taxes levied by
the City as provided by state law. The inhabitants thereof shall be entitled to all the rights and
privileges of all citizens and shall be bound by the laws, Ordinances, and Resolutions of the City.
ARTICLE III. THE CITY COUNCIL
Section 3.01 Number, Selection and Term
D. If the Mayor objects to an ordinance or resolution before the fourth day after it is
adopted by the City council, it must be reconsidered by the governing body, with
entire Council present. A simple majority shall decide the issue.
Page 5 of 10 68780
ARTICLE IV. ADMIN ISTRATIVE SERVICE
Section 4.02 City Secretary
The City Manager shall appoint or remove the City Secretary. The duties of the City
Secretary, or an Assistant City Secretary shall be as follows:
Section 4.03 Police Department
A. The City Manager shall appoint or remove the Chief of Police. The Chief of
Police shall be fully responsible to the City Manager for the administration of the
department. The Chief of Police shall, with the approval of the City Manager, appoint
and remove the employees of said department and carry out enforcement of the
resolutions and ordinances of the City Council. The Chief of Police shall be chosen upon
the basis of administrative training, experience, and ability in the law enforcement field.
The Chief of Police must be of good reputation, both past and present, and hold an
advanced certificate issued by the Texas Commission of Law Enforcement Officers
Standards and Education. The Chief of Police shall establish and maintain written
standard operating procedures including, but not limited to, disciplinary procedures,
general order, department policy, job description, and dress code. This information shall
be made accessible to the public where permitted by law.
[Section 4.05 Appeals Board] — This section to be deleted in its entirety.
ARTICLE V. MUNICIPAL COURT
Section 5.01 Municipal Court
B. CLERK OF THE MUNICIPAL COURT
That unless the City Council by Ordinance designates the City Secretary to serve as Clerk
of the Municipal Court, the cleric of the Municipal Court shall be appointed by the City
Council for a term of two years. A City Secretary who serves as Municipal Court Cleric
may be authorized to appoint a deputy cleric, subject to approval of the City Council.
Page 6 of 10 68780
ARTICLE VII. NOMINATIONS AND ELECTIONS
Section 7.01 City Elections
A. City elections shall be conducted in accordance with the Texas Election Code.
B. The regular municipal officers' election shall be held annually on the uniform
election date in May.
C. The City Council shall be responsible for specifying the time and location(s) in a
manner consistent with the Texas Election Code.
D. The City Council shall appoint election officials to conduct municipal elections
and shall cover all expenses of holding such elections.
E. Sample ballots identical in format to those used in the specific election shall be
posted in the voting place(s) for the purpose of voter orientation.
F. The City Council may, by resolution, order special elections for purposes
consistent with this Charter and the laws of the State of Texas and shall determine
the time and place of such special elections and provide all means for holding
same.
G. All municipal elections shall be publicized by the City Council in accordance with
the Texas Election Code.
ARTICLE VIII. LEGISLATION BY THE PEOPLE
INITIATIVE, REFERENDUM AND RECALL
Section 8.03 Form of Petition
A. The petition shall conform to the requirements of the Texas Election Code, any
other applicable law, and this Charter. The petition shall clearly state the purpose at the
top of each page. In the case of a recall, the petition shall include the statement of
reason(s) given by petitioners for recall of the member, the signature of the signer, the
signer's printed name, date of birth or voter registration number, residence address, and
the date of signing. The signature is the only information required to appear on the
petition in the signer's own handwriting.
Petition signers must be registered voters on the day signed and reside within the city
limits.
Page 7 of 10 68780
ARTICLE IX. MUNICIPAL FINANCE
Section 9.03 Budget Content
A. The City Manager's budget message outlining the proposed financial policies for
the next fiscal year with an explanation of any changes in expenditures from the previous
year, any major changes in policies, and a complete statement regarding the financial
condition of the City.
Section 9.11 Administration of Budget
No payment shall be made or obligation incurred except those specifically allowed for in
the budget. Any authorization of payment or incurring of any such obligation in violation
of the provisions of this Charter will be void and any payment so made will be illegal.
Such action may be the cause, at the discretion of the Council, for the removal of any
officer who knowingly authorized or made such payment or incurred such obligation.
Such person shall also be liable to the City for any amount so paid. However, this
prohibition shall not be construed to prevent the making or authorizing of payment of, or
the malting of contracts for, payments beyond the end of the fiscal year, provided that
such action is made or approved by an ordinance.
ARTICLE X BOARDS, COMMISSIONS AND COMMITTEES
Section 10.01 Authority
The Council shall create, establish, or appoint, as may be required by the laws of the
State of Texas or this Charter, such boards, commissions and committees as it deems
necessary to carry out the functions and obligations of the City. The Council shall
prescribe the purpose, composition, functions, duties, accountability, and tenure of each
board, commission and committee, where such are not prescribed by law or this Charter.
The Council shall annually publish, during the months of April or May, the opportunity
for the citizens of Sanger to serve on boards or commissions.
The Council shall establish and maintain a list of names of qualified persons who are
willing to serve to form a "pool of alternates and members" for appointment to such
boards, commissions and committees.
Page 8 of 10 68780
Section 10.02 Qualifications
5. Alternate members shall be appointed by the City Council to all boards,
commissions and committees. These alternates will be expected to meet
all requirements and qualifications of all board members as prescribed in
this Section. The City Council shall have the authority to replace any
alternate board, commission or committee member who fails to attend
(with unexcused absence) three consecutive meetings, the same as
prescribed for board members in this Section. Alternate members must
attend all meeting of the board, commission or committee to which they
are appointed and may be asked to participate in order to meet the quorum.
If the alternate attends but is not sitting with the board, commission, or
committee, they may not vote or convey their opinion in order to sway the
board, commission or committee as if they were a sitting member.
Section 10.05 Board of Adjustment
B. The Council shall provide training to the members that are appointed to serve on
the Board of Adjustment.
C. The Board shall meet as called.
F. A quorum of the Board of Adjustment shall consist of six (6) members.
ARTICLE XII. GENERAL AND TRANSITIONAL PROVISIONS
Section 12.10 Public Meeting and Records
All meeting of the Council and all boards appointed by the Council shall be governed by
the provisions of the Texas Government Code and any amendments thereto with regard
to the posting of agenda and the holding of public meetings. All public records of every
office, department, or agency of the City shall be open to inspection by any citizen at all
reasonable business hours, provided that records excepted from public disclosure by the
Texas Government Code and any amendment thereto shall be closed to the public and not
considered public records for the purpose of this section.
Page 9 of 10 68780
Section 12.11 Indemnification of Officers
The Council shall, by appropriate ordinance, provide for the indemnification and defense
of the officers and employees of the City, including members of the Council, or any
board, commission, or committee, including volunteers, against any loss, cost, or
expense, including court costs and attorneys fees, to the extent allowed by law, arising
out of any claim, suit, or judgment, or settlement thereof, resulting from any alleged
negligent act or omission of such officer, employee, member, or volunteer during the
discharge of his duties and within the scope of his office, employment, membership, or
assigned voluntary position with the City, or in any other case where the City is directed
or authorized by law to do so, provided however, that such indemnification will not be
provided for any act arising out of the intentional or knowing violation of any penal
statute or ordinance or arising out of any conduct determined by final judgment to be an
act of fraud or to have been taken with the intent to deceive or defraud, or for any person
or private business of such officer, employee, member, or volunteer, or for the gross
negligence or official misconduct, or willful or wrongful act or omission of such officer,
employee, member or volunteer.
Section 12.15 Meaning of Words
The provisions of this Charter shall be liberally construed for the purpose of effecting the
objects and ends thereof. Unless some other meaning is manifest, the word "City" shall
be construed to mean the "City of Sanger". Words in the present tense include future
tense, and except when a more restrictive meaning is manifest, singular may mean plural.
Throughout this Charter, words used in expressing masculine gender shall be construed
to include the feminine. The word "Council" shall be construed to mean the City Council
of the City of Sanger.
Page 10 of 10 68780