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HomeMy WebLinkAboutORD 1992-021 ���. CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 92-21 "� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, CANVASSING THE RETURNS OF AN ELECTION HELD ON �MAY 2, 1992, RELATING TO AMENDMENTS TO THE GRAPEVINE CITY CHARTER; DECLARING THE RESULTS OF THE ELECTION ON EACH OF THE FOURTEEN (14) PROPOSITIONS; DIRECTING THE CITY SECRETARY TO CERTIFY TO THE SECRETARY OF STATE OF THE STATE OF TEXAS AN AUTHENTICATED COPY UNDER THE SEAL OF THE CITY SHOWING APPROVAL OF THE QUALIFIED VOTERS OF THE CITY ALL OF SAID AMENDMENTS TO THE CHARTER AND DIRECTING FURTHER THAT THE CITY SECRETARY RECORD SAID AMENDMENTS TO THE CITY CHARTER UPON THE RECORDS OF THE CITY AND DECLARING AN EMERGENCY. WHEREAS, pursuant to the City Charter and Article 1170, Teg. Rev. Civ. Stat . Ann. , the City Council passed Resolution No . 92-07 calling an election for May 2, 1992 to present to the legally qualified voters of the City of Grapevine, Tarrant County, Texas, fourteen (14) proposed amendments to the � �� Grapevine City Charter; and WHEREAS, the election was duly called, all legal notices `�°'� given and the election was conducted in accordance with � applicable law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. After egamining 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 Article 1, Sections 1 . 02, 1. 03 and 1. 04 be amended to reflect that the City is located in three (3) counties and that the extension and contraction of the City' s boundaries shall be governed by the annegation provisions of the Texas Local Government Code? Vote Yes 629 Vote No 60 � 0944X/12 �r.r PROPOSITION NO. 2 �� Shall Article 3, Sections 3 . 02, 3 .06 and 3 . 13 be amended to comply with the Tegas Constitution and current case law relative to qualifications for City Council membership and the �`"" filling of vacancies on the City Council? Vote Yes 650 Vote No 46 PROPOSITION N0. 3 Shall Article 3 Section 3 . 11 be amended to delete the requirement to read the captions of ordinances? Vote Yes 474 Vote No 191 PROPOSITION N0. 4 Shall Article 4, Section 4 . 04 be amended to reflect that the Grapevine Municipal Court is a Court of Record? Vote Yes 660 � � Vote No 48 `� " PROPOSITION NO. 5 Shall Article 5, Sections 5 . 01, 5 . 03 , 5 . 05 and 5 . 08 dealing with elections and the oath of office be amended to comply with the Tezas Election Code and the Texas Constitution? Vote Yes 663 Vote No 34 PROPOSITION NO. 6 Shall Article 6, Sections 6 .01 and 6 . 02 dealing with recall elections and Article 7, Section 7.02 dealing with initiative be amended to comply with the Tegas Election Code? Vote Yes 637 Vote No 43 PROPOSITION NO. 7 � Shall Article 8, Section 8 . 01 dealing with the platting �r.r -2- 0944X of property be amended to comply with Texas Local Government ,� _. Code? Vote Yes 609 Vote No 60 �,,,�. PROPOSITION 8 Shall Article 9 Section 9 . 11 be amended to delete the requirement for filing this budget with the County Clerk of Tarrant, Texas and the State Comptroller of Public Accounts in Austin and require that the budget be filed in the Grapevine Public Library and made available to the public? Vote Yes 575 Vote No 121 PROPOSITION NO. 9 Shall Article 9 Section 9 . 14 be amended to delete the finding of an emergency to eapend contingent appropriations and in lieu thereof to require a 3/4 vote of the City Council present at the meeting? , Vote Yes 458 Vote No 214 � .. PROPOSITION N0. 10 Shall Article 9 Section 9 . 15 be amended to require that classifications of revenues and egpenditures be to a national classification adopted by a nationally accepted accounting organization? Vote Yes 529 Vote No 81 PROPOSITION NO. 11 Shall Article 9 dealing with tagation Section 9 . 19 be amended and Sections 9 .20, 9 .21, 9 .22 and 9 .23 be deleted in order to comply with the Teaas Taz Code? Vote Yes 530 Vote No 70 � � -3- 0944X PROPOSITION NO. 12 �� Shall Article 9, Section 9 . 26 relating to the issuance of bonds be amended to comply with current state law dealing with � bonds and securities? Vote Yes 577 Vote No 39 PROPOSITION NO. 13 Shall Article 10, Section 10 . 01 dealing with franchises be amended to comply with the Public Utility Regulatory Act? Vote Yes 544 Vote No 59 PROPOSITION NO. 14 Shall Article 11 be amended by amending Section 11. 01 relative to publicity of records and Section 11. 06 relative to claims be amended by changing the time limit of filing of claims from thirty (30) days to siz (6) months all in compliance with state law? Vote Yes 544 � . Vote No 71 Section 2. The Council does hereby find and declare that all fourteen (14) propositions passed and carried and the Grapevine City Charter is hereby amended to read as follows : A. That Section 1. 02 of the City Charter is hereby amended to read as follows : Section 1. 02 The Boundaries : The Inhabitants of the City of Grapevine, located in Tarrant County, Dallas County and Denton County, Texas, residing within its Corporate Limits, as heretofore or hereafter Established, are hereby Constituted and shall continue to BE a MUNICIPAL BODY POLITIC AND CORPORATE, in perpetuity, under the name of the "City of Grapevine" with such Powers, Privileges, Rights, Duties, Authorities, and Immunities, as are herein provided. B. That Sections 1.03 and 1. 04 of the City Charter are hereby amended to read as follows : � � -4- 0944X Section 1. 03 Extension and Contraction of Boundaries : �.k� The City may annex and disannea property by following the procedure and requirements of State law contained in the Texas Local Government Code and other applicable State "`�" statutes, as may be from time to time amended. C. That Section 3 . 02 of the City Charter is hereby amended to read as follows : Section 3 . 02 Qualifications : Each member of the City Council shall be a resident citizen of the City of Grapevine, shall be a qualified voter of the State of Tezas, shall have been such resident citizen of the City of Grapevine for a period of not less than sia (6) months immediately preceding his election, and shall not be indebted to the City of Grapevine. If the Mayor or any councilman fails to maintain the foregoing qualifications, or shall be absent from three consecutive regularly scheduled meetings without valid egcuse, the City Council shall have the power and authority to declare, and may, at its negt regular meeting, declare a vacancy to ezist; and, in such event, shall fill said vacancy, as set forth in Section 3 . 06 of this Charter. If any member of the City Council , announces his/her candidacy, or shall become in fact a candidate in any general, special or primary election for any office of profit or trust under the laws of this � � State or the United States other than the office then held, at any time when the unexpired term of the office then held shall ezceed one (1) year, such announcement or such candidacy shall constitute an automatic resignation of the office then held. (Required by Teg. Const. Art. 11, Section 11) . D. That Section 3 . 06 of the City Charter is hereby amended to read as follows : Section 3 . 06 Elections to Fill Vacancies : Any vacancy or vacancies occurring shall be filled by a majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy occurs (Required by Tex. Const. Art. 11, Section 11) . E. That Section 3 . 11 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 i�r�.. -5- 0944X the enacting 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 Secretary his written legal `�� objections thereto. Evidence of approval of an ordinance by the City Attorney may be by notation on the ordinance itself, or by separate paper or instrument. Every ordinance enacted by the Council shall be signed by the Mayor, Mayor Pro Tem, or by two (2) 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 request 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 terms of such ordinance, shall take effect immediately upon final passage thereof . However, the requirement for reading ordinances on two (2) several days and the reading of the descriptive caption may be dispensed with where an ordinance relating to the immediate preservation of the public peace, health, or public welfare is adopted by the favorable vote of three-fourths (3/4) of the members of the Council � present, and contains a statement of the nature of the emergency. � � F. That Section 3 . 13 of the City Charter is hereby amended to read as follows : Section 3 . 13 Investigation by the City Council: The City Council shall have power to inquire into the conduct of any office, department, agency, officer or employee of the City and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena, or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine established by City Ordinance. G. That Section 4 . 04 of the City Charter is hereby amended to read as follows : Section 4 . 04 Municipal court. ,,�,. Grapevine Municipal Court of Record No. 1 � -6- 0944X The Grapevine Municipal Court of Record No. 1 was �,„:� authorized by an Act of the Tezas Legislature passed during the Regular Session 1991 S.B. 298 . The Court shall henceforth be the Grapevine Municipal Court of Record No . 1, the election and tenure of the Judge, the ��'" appointment of the alternate Judges and the Court Clerk and all other matters shall be governed by S.B. 298 and all applicable ordinances and resolutions approved by the City Council . H. That Section 5 . 01 of the City Charter is hereby amended to read as follows : Section 5 . 01 Elections : The regular City election shall be held annually on the uniform election date in May of each year as set by State law, at which time officers shall be elected to fill those offices which become vacant that year. The City Council shall fig the hours and place for holding such election in accordance with State law. All notices and publication requirements shall comply with State law. I . That Section 5 . 03 of the City Charter is hereby amended to read as follows : Section 5 . 03 Filing for office. � . Any person having the qualifications set forth for Councilman under Section 3 . 02 of this Charter shall have the right to file an application to have his/her name placed on the official ballot as a candidate for any elective office and such application shall be in writing filed timely with the City Secretary and in compliance with the Tezas Election Code, particularly Sections 141. 03 , 143 . 005 and 143 . 007 as from time to time amended. J. That Section 5 . 05 of the City Charter is hereby 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 election � -7- 0944X between the two candidates receiving the most votes at an �,,.� election called by the City Council to be held not earlier than the 20th day or later later than the 30th day after the date the final canvass of the main election � is completed. K. That Section 5 . 08 of the City Charter is hereby amended to read as follows: Section 5 . 08 Oath of Office: In compliance with Tegas Const . Article 16, Section 1: A) Every elected or appointed officer of the City before they enter upon the duties of their offices take the following oath or affirmation: I, , do solemnly swear (or affirm) , that I will faithfully ezecute the duties of the office of of the City of Grapevine, 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, so help me God. B) Every elected officer before taking the oath or affirmation of office prescribed above and entering upon the duties of the office shall subscribe to the following , statement: I, , do solemnly swear (or affirm) � ° that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected so help me God. C) Every appointed officer before taking the oath or affirmation of office prescribed above and entering upon the duties of the office shall subscribe to the following statement: I, , do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to pay, contributed, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or confirmation thereof, so help me God. L. That Section 6 . 01 of the City Charter is hereby amended to read as follows : � frrrr -8- 0944X Section 6 . 01 Scope of recall � All elected city officials shall be subject to recall and removal from office by the qualified voters of the city on grounds of incompetency, misconduct, or malfeasance in '�"' office. M. That Section 6 . 02 of the City Charter is hereby amended to read as follows : Section 6 . 02 Petitions for Recall : Before the question of recall of such officer shall be submitted to the qualified voters of the city, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of City Secretary; which said petition shall be signed by qualified voters of the city equal in number to at least forty (40) per cent of the number of votes cast at the last regular municipal election of the city, but in no event less than two hundred fifty (250) such petitioners . Each signer of such recall petition shall personally sign his/her name and each petition shall contain all information required by Section 277 . 002 of the Tezas Election Code, including the signer ' s printed name, voter registration number, County of registration, ,� ,. residence address, and date of signing. N. That Section 7.02 of the City Charter is hereby � - amended to read as follows : Section 7. 02 Initiative: The people of the City of Grapevine reserve the power of direct legislation by initiative, and in eaercise of such power may propose any ordinance egcept: (1) ordinances appropriating money or levying taxes, and (2) ordinances repealing ordinances appropriating money or levying tages, not in conflict with this charter, the state constitution or state laws . Any initiated ordinance may, subject to the above, be submitted by the qualified voters of the City of Grapevine, by submitting a petition addressed to the City Council which requests the submission of a proposed ordinance or resolution to a vote of the qualified voters of the city. Said petition must be signed by qualified voters of the city equal in number to forty (40) per cent of the number of votes cast at the last regular municipal election of the city, or two hundred fifty (250) , whichever is greater, and each copy of the petition shall have attached to it a copy of �,,,,,, the proposed legislation. The petition shall be signed in the same manner as recall petitions are signed, as provided in section 6 . 02 of this charter, and shall be �rr -9- 0944X verified by oath in the manner and form provided for �, recall petitions in section 6 . 03 of this charter . The petition may consist of one or more copies, as permitted for "recall petitions" in section 6 . 04 of this charter. ;� Such petition shall be filed with the person performing the duties of City Secretary. Within five (5) days after filing of such petition, the person performing the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation to it of the petition and draft of the proposed ordinance or resolution, it shall become the duty of the City Council, within ten (10) days after the receipt thereof, to pass and adopt such ordinance or resolution without alteration as to meaning or effect in the opinion of the persons filing the petition, or to call a special election, to be held within thirty (30) days thereafter at the next uniform election date authorized under the Tezas Election Code, Section 41. 001, at which the qualified voters of the City of Grapevine shall vote on the question of adopting or rejecting the proposed legislation. However, if any other municipal election is to be held within sigty (60) days after the filing of the petition, the question may be voted on at such election. O. That Section 8 . 01 of the City Charter is hereby amended to read as follows : �: > Section 8 . 01 Platting of Property: (a) Hereafter, every owner of any tract of land situated within the corporate limits of the City of Grapevine, Tegas, who may divide the same in two (2) or more parts for the purpose of laying out any subdivision or any addition to the City, shall comply with the provisions of Article 974a of the Revised Civil Statutes of the State of Teaas of 1925, as now or hereafter amended, and said Article 974a as now or hereafter amended, is hereby adopted and incorporated herein for all purposes . (b) The provision of Section 8 . 01(a) shall apply similarly to the owner of any tract of land situated within the City' s extraterritorial jurisdiction of the City in accordance with Section 242 . 001 of the Tegas Local Government Code. P. That Section 9 . 11 of the City Charter is hereby amended to read as follows: Section 9 . 11 Effective date of budget; certification; ,�• copies made available � -10- 0944X Upon final adoption, the budget shall be in effect for the fiscal year. A copy of the budget, as finally adopted, shall be filed with the person performing the duties of City Secretary, and in the Grapevine Public Library to be made available for review by the public. �' The final bud et shall be g printed, mimeographed or otherwise reproduced and copies shall be made available for the use of all offices, departments, and agencies and for the use of interested persons and civic organizations . Q. That Section 9 . 14 of the City Charter is hereby amended to read as follows : Section 9 . 14 Contingent appropriation Provision shall be made in the annual budget and in the appropriation ordinance for a contingent appropriation in an amount not more than three (3) per centum of the total budget, to be used in case of unforeseen items of ezpenditure. Such contingent appropriation shall be under the control of the City Manager and distributed by him, after approval of the City Council . The City Council ' s approval of ezpenditures shall be by the favorable vote of 3/4 of the members of the City Council present. � R. That Section 9 . 15 of the City Charter is hereby amended to read as follows : � ° Section 9 . 15 Estimated egpenditures shall not ezceed estimated resources . The total estimated egpenditures of the general fund and debt service funds shall not ezceed the total estimated resources of each fund (prospective income, plus cash on hand) . The classification of revenue and egpenditure accounts shall conform as nearly as local conditions will permit to the uniform classification as promulgated by a nationally accepted accounting organization that adopts nationally accepted classifications . S. That Section 9 . 19 of the City Charter is hereby amended to read as follows : Section 9 . 19 Property Subject to Tag: Method of Assessment: All real and personal property located in the City on January 1 of each year is tazable by the City unless ezempt by law. � � -11- 0944X T. That Section 9 . 26 of the City Charter is hereby ��� amended to read as follows : Section 9 .26 Issuance of bonds `�' A) Power to Issue. In keeping with the Constitution of the State of Tegas, and not contrary thereto, the City of Grapevine, shall have the right to issue all tax bonds, revenue bonds, funding and refunding bonds, time warrants and other evidences of indebtedness as now authorized or as may hereafter be authorized to be issued by cities and towns by the general laws of the State of Tegas . B) Manner of Issuance. Bonds and warrants of the City of Grapevine shall be issued in the manner provided by the general laws of the State of Tezas applicable to cities and towns . U. That Section 10 . 01 of the City Charter is amended to read as follows : Section 10 . 01 Powers of the city In addition to the city' s power, right and authority to buy, construct, lease, maintain, operate and regulate public utilities, and to manufacture, distribute and sell � - the output of such utilities ' operations, the city shall have all further rights, authorities, and powers as may now, or hereafter, be granted under the constitution and ` � laws of the State of Tezas . Notwithstanding anything to the contrary in this Article 10 dealing with the regulation of franchises and public utilities, the Public Utility Regulatory Act of Tezas, as from time to time amended shall control where applicable. V. That Section 11. 01 of the City Charter is hereby amended to read as follows : Section 11. 01 Publicity of Records : All records and accounts of every office, department, or agent of the city shall be open to inspection by any citizen or by any representative of the press at all reasonable times and under such reasonable regulations as may be established by the City Council or the Mayor, ezcept records and documents, the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish, all of which records are governed by the Tegas Open Records Act. „� W. That Section 11. 06 of the City Charter is hereby amended to read as follows : � -12- 0944X Section 11. 06 Special provisions covering damage suits, �,,, e t c. (aj The City of Grapevine, Tegas, shall never be liable for any personal injury, whether resulting in death or �""'' not, unless the person injured, or someone in his behalf, or, in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death injury, shall file a notice in writing with the City Manager or City Secretary within sig (6� months after the occurrence of such injury, stating specifically in such notice, when, where, and how the exact injury occurred and the full egtent thereof together with the amount of damage claimed or asserted. The City of Grapevine, Texas, shall never be liable for any claim for damage or injury to personal property unless the person whose personal property has been injured or damaged, or someone in his behalf, shall file a claim in writing with the City Manager or the City Secretary within siz (6) months after said damage or injury has occurred, stating specifically when, where, and how the injury or damage occurred and the full egtent thereof, and the amount of damage sustained. (b) The City of Grapevine, Tezas, shall never be liable for any claim for damage or injury to real property ,� � caused by the negligent act or omission of its officers, servants, agents or employees, unless the person whose real property has been injured or damaged, or someone in �~� his behalf shall file a claim in writing with the City Manager or City Secretary within six (6) months after said damage or injury has occurred, stating specifically when, where and how the injury or damage occurred, and the amount of damage claimed. The City of Grapevine, Tegas, shall never be liable on account of any damage or injury to person or to personal property arising from or occasioned by any defect in any public street, highway, alley, grounds or public work of the City of Grapevine, Tegas, unless the specific defect causing the damage or injury shall have been actually known to the City Manager at least twenty-four (24) hours prior to the occurrence of the injury or damage, or unless the attention of the City Manager or City Secretary shall have been called thereto by a notice thereof in writing at least twenty-four (24) hours prior to the occurrence of the injury or damage, and proper diligence has not been ezercised to rectify the defect. The notice herein required to be given to the City Manager or City Secretary of the specific defect causing the damage or injury shall apply where the defect arose from any � omission of the city itself, through its agents, servants, or employees, or acts of third parties . �r -13- 0944X No provision of this section shall ever be so construed � as to egpand the ordinary liability of the city; and provided, that nothing herein contained shall be construed to mean that the City of Grapevine, Texas, waives any rights, privileges, defenses or immunities in "� tort actions which are provided under the common law, the constitution, and general laws of the State of Texas . 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 fourteen (14) amendments to the City Charter. The City Secretary is further directed to record 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 egists 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 preservation of the public health, safety and welfare requires that this Ordinance shall take effect immediately from �u and after its passage and the publication of the caption as the law and charter in such cases provides . PASSED AND APPROVED by the City Council of the City of Grapevine, Tezas this the 5th day of May , 1992 . � Mayor, City of Grapevine, Texas ATTEST: a� Cit Secret ry, City of Grapevine, Tegas [SEAL] APPROVED AS TO FORM: �* � City Attorney, `'��" City of Grapevine, Texas -14- 0944X