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Home My WebLink AboutORD 1978-020 ORDINANCB NO. 78-20 AN ORDINANCE CANVASSING THE RETURNS OF AN ELECTION HELD ON APRIL 1, 1978, RELATING TO AMENDMENTS TO THE GRAPEVINE CITY CHARTER; DECLARING THE RESULTS OF THE ELECTION ON EACH OF THE EIGHT PROPOSITIONS; DIRECTING THE CITY SECRETARY TO CERTIFY TO THE SECRE- TARY OR STATE OF THE STATE OF' TEXAS AN AUTHENTICATED COPY UNDER THE SEAL OR THE ,+�+ CITY SHOWING APPROVAL OF THE QUALIFIED VOTERS OF THE CITY ALL OF SAID AMENDMENTS TO THE CHARTER AND� DIRECTING FiJRTHER THAT �„ THE CITY SECRETARY RECORD SAID AMENDMENTS TO THE CITY CHARTER UPON THE RECORDS OR THE CITY AND DECLARING AN EMERGENCY. WHEREAS, pursuant to the City Charter and Article 1170, Tex. Rev. Civ. Stat. Ann. , the City Council passed Ordinance #78-9 calling an election for April l, 1978 to present to the legally qualified voters of the City of Grapevine, Tarrant County, Texas , eight (8) proposed amendments to the Grapevine City Charter, and; WHEREAS, the election was duly called, all legal notice given and the election was conducted in accordance with appiicable law, and; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXA.S: Section 1. After examining the returns from the election and opening and canvassing the votes cast in said election, the results of said election are as follows: PROPOSITION NO. 1 - Shall Section 3.01, Article 3 of the City ""'�"` Charter be amended to increase the term of the Mayor and each member of the City Council f rom two (2) years to three (3) years? � Vote Yes 308 Vote No 247 PROPOSITION NO. 2 - Shall Section 3.11 (a) of Article 3 of the City Charter be amended to provide for the reading of the caption of a proposed ordinance and to require a 3�4 vote of the members of the Council present to enact an ordinance on an emergency basis? Vote Yes 457 Vote No 67 PROPOSITION NO. 3 - Shall Section 5.01, Article 5 of the City Charter be amended to require publication of notice of the Regular City Election once in a newspaper of general circulation not more than 25 days and not less than 11 days before the election: Vote Yes 485 Vote No 41 PROPOSITION NO. 4 - Shall Section 5.04, Article 5 of the City Charter be amended to require the official ballot for the regular !�' City Election to be prepared at least ten (10) days before the election? i�,,,,,, Vote Yes 479 Vote No 42 PROPOSITION NO. 5 - Shall Section 5.05, Article 5 of the City Charter be amended to require a run-off election to be held between fourteen (14) to twenty-eight (28) days after any Regular or Speciai Election? Vo�e Yes 477 Vote No 42 PROPOSITION NO. 6 - Shall Section 9.08, Article 9 of the City Charter be amended to add the word revenue after the word anticipated in the last phrase of said Section? Vote Yes 419 Vote No 68 PROPOSITION NO. 7 - Shall Section 10.09, Article 10 of the City � Charter be amended to add the words "other information as the City Council" between the words such and shall in the last phrase of said Section? �r Vote Yes 420 Vote No 65 PROPOSITION NO. 8 - Shall Section 10.10 (b) , Article 10 of the City Charter be amended to add the word "same" between the words keep and in located in the third from the last line in said Section? Vote Yes 418 Vote No 59 Section 2. The Council does hereby find and declare that all eight (8) propositions passed and carried and the Grapevine City Charter is hereby amended to read as follows: A. That Section 3.01, Article 3, of the City Charter, is here- by amended to read as follows: Section 3.01-NUMBER, SELECTION AND TERM: The Legislative and Governing body of the city shall consist of a Mayor and six (6) councilmen, and shall be known and referred to as the City Council of the City of Grapevine, T�xas . �"""'" (a) The Mayor, and the other members of the City Council, shall be elected from the City at large. Each of the six (6) council- ,�, men shall be elected to and occupy a place on the council such places being numbers 1, 2, 3, 4, 5 and 6 respectively. The places of the councilmen shall be designated on the official ballot as Councilman Place 1, 2, 3, 4, 5 and 6. (b) The Mayor shall preside at meetings or the City Council, and shall be recognized as head of the City Government for all ceremonial purposes , and by the Governor for purposes of military law, but shall have no regular administrative duties. He may participate in the discussion of all matters coming be- fore the Council, and snall have the right to vote on all pro- positions, but shall not have any veto powers. (c) At the regular City Election to be held in 1979, the Mayor, Councilman Place l, and Councilman Place 2 shall be elected to hold office for a period of three (3)years, and until their respective successors shall have been elected, qualified and taken office, and Councilman Place 6 shall be elected to hold office for a period of two (2) years and until his respective successor shall have been elected, qualified and taken office. (d) At the regular City Election to be held in 1980, Council- man Place 3 and Councilman Place 4 shall be elected to hold office for a period of three years and until their respective successor is elected, qualified and taken office and Council- �"""'° man Place 5 shall be elected to hold office for a period of one (1) year and until his successor is elected, qualified and taken office. �,,,,,,, (e ) After the election in 1980, the Mayor and each councilman shall be elected for and hold office for a period of three (3) years and until his respective successor is elected, qualified and taken office with the Mayor and Councilman Place 1 and Councilman Place 2 being elected at the regular City Election in 1979 and at each regular City Election at three (3) year intervals thereafter, with Councilman Place 3 and Councilman Place 4 being elected at the regular City Election in 1980 and at each regular City Election at three (3) year intervals thereafter, and Councilman Place 5 and Councilman Place 6 being elected at the regular City Election in 1981 and at each regular City Election at three (3) year intervals thereafter. (f) All election shall be held in the manner provided in Chapter 5 of this Chart��. B. That Section 3.11 (a) , Article 3 of the City Charter is hereby amended to read as follows: � Section 3.11 - PROCEDURE FOR PASSAGE OF ORDINANCES: (a) The City Council shall legislate by Ordinance, and the en- acting clause of every ordinance shall be, "Be it Ordained by � the City Council of the City of Grapevine, Texas: " The City Attorney shall approve all Ordinances adopted by the Council, as to the legality thereof, or shall file with the City Secre- tary his written legal objections thereto. Evidence of approval of an Ordinance by the City Attorney may be by nota- tion on the Ordinance itself, or by separate paper or instru- ment. Every Ordinance enacted by the Council shall be signed by the Mayor, Mayor Pro Tem, or by two Councilmen, and shall be filed with and recorded by the City Secretary. Except as otherwise herein specially provided, the descriptive caption of all ordinances shall be read in open meeting of the Council on two (2) several days; provided, however, that upon the re- quest of any one (1) member of the Council, the ordinance shall be read in its entirety on either the first reading or second reading of the ordinance. All ordinances, unless otherwise provided by Law or by the term of such ordinance, shall take effect immediately upon final passage thereof. However, the requirement for reading ordinances on two (2) several days may be dispensed with where an Ordinance relating to the im- mediate preservation of the public peace, health, or Public Welfare is adopted by the favorable vote of 3/4 of the members of the Council present, and contains a statement of the nature �'""" of the emergency. �, C. That Section S.O1, Article 5 of the City Charter is hereby amended to read as follows: Section S.O1-ELECTIONS That Regular City Election shall be held annually on the first Saturday in April, at which time Officers will be elected to f ill those off ices, the terms of which expire in April of that year. The City Council shall fix the hours and place for hold- ing such election. The City Council may by Resolution, order a Special Election, fix the time and place for holding same, and provide all means for holding such Special Election. Notice of the Election shall be published once in a newspaper of general circulation, not more than twenty-five (25) days before the election and not less than eleven (11) days before the election. in the Order, Ordinance or Resolution of the City Council calling any election, at which more than one (1) Councilman shall be elected, the City Council shall, in call- ing such election, provide for a separate place on the ballot for edc;h vacancy to be filled at such election, designating such places as Place No. One, Place No. Two, etc; and in case an unexpired term is to be filled at such election, the place for the unexpired term shall be so designated. � D. That Section 5.04, Article 5 of the City Charter is hereby amended to read as follows: � Section 5.04-THE OFF'ICIAL BALLAT: The Names of all candidates for offices, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations, in the order determined in a public drawing of lots , conducted by the City Secretary. Al1 Official ballots shall be printed at least ten (10) days prior to the date of any general or special election, and absentee voting shall be governed by the General Election Laws of the State of Texas. E. That Section 5.05, Article 5 of the City Charter is here- by amended to read as follows: Section 5.05-ELECTION BY MAJORITY: At any regular or special Municipal Election, the candidates in each place on the ballot including the candidate for Mayor, who shall have received the majority of the total number of votes cast in such election for such place (including the candidate for Mayor who has received a majority of the total �* number of votes for such office) shall be declared elected. In the event no candidate receives a majority of the total votes cast, the Council shall cause to be held a runoff elec- �,,, tion betvreen the two candidates receiving the most votes be- tween fourteen (14) to twenty-eight (28) days after said special or regular election. R. That Section 9.08, Article 9 of the City Charter is hereby amended to read as follows: Section 9.08-PROCEEDINVS ON BUDGET AFTER PUBLIC HEARING After the conclusion of such public hearing , the City Council may insert new items or may increase or decrease the items of the budget, except items in proposed expenditures fi�ed by law; but, where it shall increase the total proposed expendi- tures , it shall also provide for an increase in the total anticpated revenue to at least equal such proposed expenditures. G. That Section 10.09, Article 10 of the City Chart�� is here- by amended to read as follows: Section 10.09-ACCOUNTS OF MUNICIPALLY-OWNED UTILITIES: Accounts shall be kept for each public utility owned or operated by the City, in such manner as to show the true and complete financial results of such city ownership and operation, !""�""' including all assets and all liabilities, appropriateiy sub- divided by classes, depreciation reserve , other reserves and y�„ surplus: also revenues, operating expenses including depre- ci.ation, interest payments , rental, and other disposition of annual income. The Accounts shall show actual capital cost to the City of each public utility owned, also the cost of all extensions, additions and improvements and the source of funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any utility to any City Government Department. The City Council shall cause an annual report to be made by a Certified Public Accountant, and shall publish such report, showing the f inancial results of such City ownership and operation, giving the information specified in this Section and such other in- formation as the City Council shall deem expedient. H. That Section 10.10(b) Article 10 of the City Charter is hereby amended to read as follows: 5ectiom- 10.10-SALES OR ELECTRICITY, WATER AND SEWER SERVICES: (b) The City Council shall have the Right, Power and Authority to prescribe the kind of materials u5ed within or beyond the limits of the City of Grapevine, wh�re it furnishes the ser- vice, and to inspect the same and require them to keep same � in good order and condition at all times and to make such rules and regulations as shall be necessary and proper, and prescribe penalties for noncompliance with the same. � Section 3. The City Secretary is hereby directed to certify to the Secretary of State of the State of Texas an authenticated copy under the seal of the City of Grapevine showing the approval by the qualified voters of the City of all eight (8) amendments to the City Charter. The City Secretary is further directed to record said amendments to the City Charter upon the records of the city. Section 4. The City Council does hereby find that our urgent public necessity exists relating to the immediate preservation of the public peace, health and welfare that requires the immediate passage of this Ordinance and the dispensement of the requirement of two (2) readings of this Ordinance. Section 5. Emergency-The fact that no present ordinances of the City of Grapevine relate to amendments to the Grapevine City Charter, creates an urgency and an emergency and in the preserva- tion of the public health, safety and welfare requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such � cases provides . �, DULY PASSED by the City Council of the City of Grapevine, Texas this the 4th day of April , 1978. — Mayor ATTEST: City S ret y APPROVED AS TO FORM: City Attorney � � � �