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11-19-06-Ordinance-Canvassing the November 7, 2006 Election Charter Amendments-11/20/2006RESOLUTION NO. 11-19-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON NOVEMBER 7, 2006, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council of the City of Sanger, Texas called a Special Election to consider the proposed amendments for the Home Rule Charter of the City of Sanger, to be held in the City on November 7, 2006; and WHEREAS, immediately after said election the Presiding Judge and other officials holding said election made the returns of the results thereof to the City Council as set forth herein, and said returns being made according to law, and duly authenticated, being shown that written notice of said election was posted for the time and manner provided by law, and all other proceedings pertaining to said election have been shown to have been done and performed at and within the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Council and no protest or objection being made to or regarding any manner pertaining to said election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the propositions for the proposed amendments to the Home Rule City Charter appearing on the ballot for said election were stated 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." 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". Page 1 71782 11236 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 tinge 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 4.01B, 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. PROPOSITION 6 Shall Article VH, 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...". Page 2 71782 11236 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 2. That each amendment submitted contained only one subject, and the ballot was prepared in a manner that the voters could vote "for" or "against" any amendment or amendments without voting "for" or "against" all of said amendments. That each such proposed amendment, having been 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 Exhibit "A" attached hereto and made part hereof for all purposes. SECTION 3. That after examining said returns and opening and canvassing the votes of said election it appears that a majority of those voting voted "for" on each of said Propositions and the results of said election are those stated in the Cumulative Report attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 4. That said election was duly called, that notice of said election was given in accordance with law, and that said election was held in accordance with law, and that the above results are hereby declared as final. SECTION 5. It is determined that a majority of the votes received in the election are in favor of the adoption of the proposed amendments to the Home Rule Charter of the City of Sanger and such Propositions are declared adopted. This Canvass and Declaration of Results of said election shall be entered in the minutes of the City Council. Page 3 71782 11236 SECTION 6. It is further found and determined that in accordance with the order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. SECTION 7. The City Manager is directed to certify to the Secretary of State an authenticated copy of the amendments under the City's seal showing the approval by the voters of the City. SECTION 8. This Resolution shall become effective immediately upon its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this the doh day of No JUK `' ✓ , 2006. CITY OF SANGER, TEXAS a YOR ,,----APPROVED AS TO FORK; `a CITY ATTORNEY ATTEST: N y:1 CITY SECRETARY Page 4 71782 11236 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 fixture 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 Exhibit "A" 71782 11236 ARTICLE IV. ADMINISTRATIVE 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. CLERIC OF THE MUNICIPAL COURT That unless the City Council by Ordinance designates the City Secretary to serve as Cleric 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 Exhibit "A" 71782 11236 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 VIH. 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. 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 fi-om 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 Page 7 Exhibit "A" 71782 11236 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 commnissions. 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. 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. E. A quorum of the Board of Adjustment shall consist of six (6) members. ARTICLE XII. GENERAL AND TRANSITIONAL PROVISIONS Page 8 Exhibit "A" 71782 11236 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. 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 fi•aud 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 9 Exhibit "A" 71782 11236 2006 GENERAL ELECTION - CITY OF SANGER CUMULATIVE REPORT — Unofficial DENTON COUNTY. ELECTIONS — November 2006 General Election — November 07, 2006 Page 1 of 2 11/14/2006 09:14 AN Total Number of Voters : 109,327 of 268,128 = 40.77;b Precincts Reporting 191 of 191 = 100.w.,, Number of District Voters: 1,114 of 2,545 = 43.77% District Precincts Reporting 2 of 2 = 100.00°/ Party Candidate Early Election Total PROPOSITION 1 - SANGER, Vote For 1 • YES 413 8622% 356 87.25% 769 86-70% NO 66 13 78% 52 12.75% 115 13.30% Cast Votes: 479 78.4)% 408 81 11 887 79.02°ll E.. PROPOSITION 2- SANGER, Vote For 1 m YES x 351 72.821're ^n^ e 7_ 7 '✓3% 647 72 78 �o NO 131 27.18% 111 27 279- 242 27.22°ic LU Cast Votes: 432 78.83111. 407 90.91% 889 79.1 0°.b =!Q9el PROPOSITION 3 -BANGER, Vote For 1 YES 393 32.05"ic 335 82 511c;. 728 82 26.S NO 86 17 95% 7l 9T, 17.4.." 157 17.74 r % Cast Votes: 479 78_4fj% 4f16 80.72,% 885 79.440,1. PROPOSITION 4 - SANGER, Vote For 1 YES 349 75 05°i. 299 73.161ie 638 74.19 0 NO 116 24S5% 106 26.84% 222 25.81 % Cast Votes: 465 76.1011; 395 78 53% 860 7720l9 PROPOSITION 5 - SANGER, Vote For 1 YES 335 7:i.46',b 283 72.33% 618 71 L§G% NO 121 26-54% 108 27.6211. ° 22g 9 .7.04:9o; Cast Votes: 456 74.63o 391 77.73% 8A7 76.03aL, PROPOSITION 6 - SANGER, Vote For 1 YES 4-12 90.13% 373 91.8711 605 90.96% NO 47 9.61 9 33 6.13% Cast Votes: 479 78 40' -- 406 80.720 885 79.441"; PROPOSITION 7 - SANGER, Vote For 1 YE YES 366 77 n5% 292 7 i _74 %o 658 74 60% 109 22.95',, 115 28 26°S. 224 25 440', Cast Votes: 475 77.74% 407 80.91% 882 79.17.. 2006 GENERAL ELECTION - CITY OF SANGER CUMULATIVE REPORT — Unofficial DENTON COUNTY ELECTIONS — November 2006 General Election — November 07, 2006 Page 2 of 2 11194/2006 09:14 AATota! Number of voters: 109,327 0'1268,128 = 40.77°b Precincts Reporting 191 of 191 = 1.00°i Number of District Voters:_ 1,114 of 2,545 = 43.77% District Precincts Reporting 2 of 2 = 10U00.00°/ Party Candidate Early � Election � Total PROPOSM0114 8 - SANGER, Vote For 1 YES 391 82.14 %0 325 80.45% 716 81.36`%0 NO 85 17.86% 79 19.55% 164 ;s_64°::• Cast Votes: 476 77.41 % 4-04 80.32% 8841 78.99 t, PROPOSMON 9 - SANGER, Vote For 1 YES NO Cas9 Votes: 384 81.36°; 330 81 68% 714 81.51 !%, 88 18.641". 74 18 32% 162 18.49% 471 77.251.-t. 404 80.32% 876 73 64% z�v