HomeMy WebLinkAboutRES 1992-007 CITY OF GRAPEVINE
RESOLUTION NO. 9�-�7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
= OF GRAPEVINE, TEXAS, ORDERING AN ELECTION TO
BE HELD IN SAID CITY AT THE NEXT REGULAR
MUNICIPAL ELECTION ON THE 2ND DAY OF MAY,
1992 FOR THE PURPOSE OF SUBMITTING TO THE
' QUALIFIED VOTERS OF THE CITY OF GRAPEVINE,
I TEXAS, FOR THE ADOPTION OR REJECTION THEREOF
OF CERTAIN PROPOSED AMENDMENTS TO THE
EXISTING CITY CHARTER; DESIGNATING THE PLACE
AT WHICH SAID ELECTION IS TO BE HELD;
APPOINTING THE OFFICERS OF SAID ELECTION;
MAKING PROVISIONS FOR THE CONDUCT OF THAT �
ELECTION AND OTHER PROVISIONS INCIDENT AND
RELATED TO THE PURPOSE OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Grapevine, Tegas
. (hereinafter referred to as the "City" ) , has determined to
submit to the qualified voters of said City, for their adoption
or rejection thereof of certain proposed amendments to the
ezisting City Charter of said City, pursuant to the provisions
of Section 9 . 004 Tegas Local Government Code; and
WHEREAS, the meeting at which this Resolution is
considered is open to the public as required by law, and public
notice of the time, place and purpose of said meeting was given
as required by Article 6252-17, V.A.T.C.S.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of. this
Resolution as if copied in their entirety.
Section 2 . That there be submitted at the nezt regular
municipal election to be participated in by the qualified
voters of the City of Grapevine, Tezas, to be held on the 2nd
� day of May, 1992, which is not less than thirty (30) nor more
� than ninety (90) days from the date of this Resolution, between
� the hours of 7 : 00 a .m. and 7: 00 p.m. , at the voting place
� hereinafter named and by the election judges hereinafter named,
for the purpose of submitting certain proposed amendments to
the existing City Charter of the City of Grapevine, Texas .
Section 3 . All eligible City of Grapevine voters shall
cast their ballots at the Grapevine Convention Center, 1209
� � South Main Street, between the hours of 7 : 00 a.m. and 7 : 00 p.m.
�,�.
{ .
�
I
Section 4 . The Chief Election Judge shall be Mr. Ben
Pearson and the Alternate Election Judge shall be Mr. Bryan
Carlson. Said Election Judge shall have the ability to hire up
to ten (10) clerks to assist in holding the election. The
Chief Election Judge shall also serve as the presiding judge of .
the Early Voting Ballot Board for the purpose of counting the
early voted ballots . Two or more clerks serving at the polling
place shall make up the members of the Board.
I Section 5 . That voting at and on said election shall
permit the electors to vote "YES" or "NO" on each particular
�I amendment submitted, with the official ballots to contain such
' other provisions, markings and language as required by law, and
with the Propositions to amend the ezisting Charter of the City
of Grapevine as contained in Ezhibit "A" attached hereto and
j shown on the ballot substantially as follows :
i
PROPOSITION NO. 1
� Shall Article 1, Sections 1. 02, 1. 03 and 1. 04 be amended
I to reflect that the City is located in three (3) counties and
that the eztension and ccntraction of the City' s boundaries
shall be governed by the anneaation provisions of the Tegas
' Local Government Code?
� PROPOSITION N0. 2
;
I Shall Article 3 , Sections 3 . 02, 3 . 06 and 3 . 13 be amended
i to comply with the Texas Constitution and current case law
j k. relative to qualifications for City Council membership and the
Ifilling of vacancies on the City Council?
' PROPOSITION NO. 3
i
Shall Article 3 Section 3 . 11 be amended to delete the
,I
requirement to read the captions of ordinances?
� PROPOSITION NO. 4
�� Shall Article 4 , Section 4 . 04 be amended to reflect that
the Grapevine Municipal Court is a Court of Record?
�I
� PROPOSITION NO. 5
I
! 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 Tegas Constitution?
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 Tezas Election Code?
I
� �
I� -2-
, 0928X
PROPOSITION NO. 7
Shall Article 8, Section 8 . 01 dealing with the platting
of property be amended to comply with Tegas Local Government
Code? �
PROPOSITION 8
Shall Article 9 Section 9 . 11 be amended to delete the
requirement for filing this budget with the County Clerk of
Tarrant, Tegas 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?
i
� PROPOSITION NO. 9
� Shall Article 9 Section 9 . 14 be amended to delete the
finding of an emergency to ezpend contingent appropriations and
in lieu thereof to require a 3/4 vote of the City Council
�I
present at the meeting?
'
PROPOSITION NO. 10
I Shall Article 9 Section 9 . 15 be amended to require that
classifications of revenues and egpenditures be to a national
I;� classification adopted by a nationally accepted accounting
organization?
PROPOSITION N0. 11
I 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
II order to comply with the Tezas Taz Code?
�
I
PROPOSITION N0. 12
Shall Article 9 , Section 9 .26 relating to the issuance of
� bonds be amended to comply with current state law dealing- with
I bonds and securities?
� PROPOSITION NO. 13
1
�� Shall Article 10, Section 10 . 01 dealing with franchises
� be amended to comply with the Public Utility Regulatory Act?
il
PROPOSITION NO. 14
I
Shall Article 11 be amended by amending Section 11. 01
i 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?
i �r.::�
�
�
I
I
�
� -3-
0928X
i
Section 5 . All early voting shall be conducted
pursuant to and in accordance with the applicable provisions of
� the State of Tegas Election Code.
Section 6 . That all residents, qualified electors, of .
the City shall be permitted to vote at said election. In
addition, the election materials enumerated in the Te�as
Election Code, as amended, shall be printed in both English and
Spanish for use at the polling place and for early voting for
said election.
Section 7. That notice of said election for the
submission of said amendments shall be given by publication of
a notice of election, which shall include a substantial copy of
the proposed amendments, the nature and date of the election,
the hours during which the polls will be open, and the location
of the polling places, published on the same day in each of two
(2) successive weeks in a newspaper of general circulation
published in said City, the date of the first publication to be
not less than fourteen (14) days prior to the date set for said
election.
Section 8 . That this Resolution shall become effective
from and after the date of its passage, and it is accordingly
so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
. GRAPEVINE, TEXAS this 4th day of February , 1992 .
Mayor, City of Grapevine, Texas
William D. Tate
ATTEST:
f
`���
�' �
City Secretary
Linda Huff
APPROVED AS TO FORM:
\ _ _) � 1 <,/,-__,. ` ,/
✓
�
City Attorney �' '
John F. Boyle, Jr.
�E
-4-
0928X
Exhibit "A" to Resolution y�-U /
Page 1 of 15
EXHIBIT "A"
PROPOSED AMENDMENTS TO CITY CHARTER TO
COINCIDE WITH STATE LAW AND COURT DECISIONS
(additions underlined - deletions in brackets)
Section 1.02 The Boundaries :
The Inhabitants of the City of Grapevine, located in
Tarrant County, Dallas County and Denton County, Tezas ,
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.
Section 1. 03 Extension of boundaries :
[The boundaries of the City of Grapevine may be enlarged
and egtended by the annezation of additional territory,
irrespective of size and configuration, by the method
hereinafter set forth:
Extension of city limits by ordinance. The method of
egtending the corporate limits of the City of Grapevine
shall be that the Council shall have power by ordinance
to fiz the boundary limits of said city and to provide
for the eztension of said boundary limits by the
annegation of additional territory lying adjacent to said
city, with or without, the consent of the inhabitants of
the territory annezed. Before the institution of an
annegation ordinance by the city, a public hearing to
provide an opportunity for all interested persons to be
heard shall be held not more than twenty (20) days nor
less than ten (10) days prior to institution of such
ordinance. Notice of such hearing shall be publisYied in
a local newspaper of the city having general circulation
in the city and in the territory proposed to be anneged.
The notice shall be published at least once in such
newspaper not more than twenty (20) days nor less than
ten (10) days prior to the hearing . Any anneaation of
territory shall be brought to completion within ninety
(90) days of the date on which the City Council
institutes any such annegation ordinance. However,
amendments not enlarging or not eztending the boundary
limits set forth in the ' proposed ordinance may be
incorporated into the proposed ordinance without the
necessity of republication of said notice. Any territory
so anneged shall be a part of the City of Grapevine, and
�,:.:�,�
the inhabitants thereof shall be entitled to all rights
and privileges of other citizens and shall be bound by
the acts, ordinances, resolutions, and regulations of the
City of Grapevine. ]
Exhibit "A" to Resolu
Page 2 of 15
[Section 1 . 04 . Contraction of boundaries :
� Whenever, in the opinion of the City Council, there
egists within the corporate limits of the City of
Grapevine any territory not suitable or necessary for
�' °` city purposes, the City Council may, upon a petition
signed by a majority of the qualified voters residing in
such territory, if the same be inhabited, (or without any
such petition if the same be uninhabited) , by ordinance
duly passed, discontinue said territory as a part of said
city; said petition and ordinance shall specify
accurately the metes and bounds of the territory sought
to be eliminated from the city and shall contain a plat
designating such territory so that the same can be
' definitely ascertained; and when said ordinance has been
duly passed, the same shall be entered upon the minutes
I and records of said city, and from and after the entry of
; such ordinance, said territory shall cease to be a part
! of said city, but said territory shall still be liable
for its pro rata share of any debts incurred while said
' area was a part of said city and the city shall continue
to levy, assess and collect tazes on the property within
said territory to pay the indebtedness incurred while
said area was a part of the city as though the same had
not been egcluded from the boundaries of the city. )
Section 1. 03 Eztension of Boundaries and
Section 1. 04 Contraction of Boundaries be combined into one
(1) Section to read:
"Section 1. 03 Egtension and Contraction of Boundaries :
The Citv mav annex and disannea propertv bv followinQ the
procedure and reauirements of State law contained in the Tezas
Local Government Code and other applicable State statutes as
mav be from time to time amended "
Section 3 . 02 Qualifications :
Each member of the City Council shall be a resident
citizen of the City of Grapevine, [shall be an owner of
real property therein] shall be a qualified voter of the
State of Tegas, shall have been such resident citizen of
the City of Grapevine for a period of not less than sig
(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 ezcuse, the
City Council shall have the power and authority to
�;, declare, and may, at its nezt 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.
-2-
EXHIBIT A/0928X
Exhibit "A" to Resolution 92-07
Page 3 of 15
If any member of the City Council announces his/her
candidacv, or shall become in fact a candidate in any
i, .� aeneral, 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 unegpired term of the office then held
� shall egceed one (1) year, such announcement or such
candidacy shall constitute an automatic resignation of
the office then held. (Reauired by Tez. Const . Art . 11,
Section 11) .
[Section 3 .06 Vacancies :
4 A single vacancy in the Council shall be filled for the
� unezpired term by a majority vote of the remaining
members of the Council within thirty (30) days after the
vacancy occurs . When more than one vacancy occurs at any
one time, a special election shall be held within
I forty-five (45) days to elect successors for the
I unezpired terms; provided,� however, if such vacancies
occur within ninety (90) days prior to a general city
election no special election shall be held, but in that
event, the remaining members of the Council shall, by a
majority of vote, choose a person to fill each vacancy
until the neat general city election, when such vacancy
shall be filled as in the case of an original election. ]
New Section 3 . 06 Elections to Fill Vacancies :
Any vacancy or vacancies occurring shall be filled bv a
majoritv vote of the cLualified 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) .
Section 3 . 11 Procedure for passage of ordinances.
(a) The City Council shall legislate by ordinance; and
� the enacting clause of every ordinance shall be, "Be it
Ordained by the City Council of the City of Grapevine,
Tegas : " The City Attorney shall approve all Ordinances
� adopted by the Council, as to the legality thereof, or
I 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. Ezcept
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
�:��
-3-
I EXHIBIT A/0928X
�
f
I
Exhibit "A" to Resolution 92-07
Page 4 of 15
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
MM 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.
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 [not to ezceed TWO HUNDRED DOLLARS ($200 . 00) ]
established by City Ordinance.
Section 4 . 04 Municipal court.
[ (a) There shall be established and maintained a court,
designated as a "Municipal Court" for the trial of
misdemeanor offenses, with all such powers and duties as
are now, or may hereafter, be prescribed by laws of the
State of Tegas relative to municipal or recorder ' s courts .
(b) The judge of said court shall be appointed by the
City Council of the City of Grapevine, and shall receive
such salary as may be fized by the City Council . �
(c) The City Secretary or an Assistant City Secretary
may be eg-officio Clerk of said court .
(d) The Clerk of said court and his deputies shall have
the power to administer oaths and affidavits, make
certificates, affiz the seal of said court thereto, and
generally do and perform any and all acts usual, and
necessary to be performed, by the clerks of courts, in
issuing process of said courts, and conducting the
business thereof .
(e) In case of the disability or absence of the Judge of
�,�, the Municipal Court, the Mayor shall act as judge of said
court . ]
�
-4-
EXHIBIT A/0928X
Exhibit "A" to Resolution 92-07
Page 5 of 15
�� ..
New Section 4 . 04 Municipal Court:
"Grapevine Municipal Court of Record No . 1
� �� The Grapevine Municipal Court of Record No. 1 was
authorized by an Act of the Tegas 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 Judqe the
� appointment of the alternate Judaes and the Court Clerk
� and all other matters shall be qoverned by S B 298 and
i all applicable ordinances and resolutions approved by the
�I City Council .
I
; Section 5 . 01 Election:
[The regular city election shall be held annually on the
` first Saturday in April, at which time officers will be
', elected to fill those offices , the terms of which egpire
� in April of that year. The City Council shall fiz the
� hours and place for holding such election. The City
� Council may by resolution, order a special election, fig
the time and place for holding same, and provide all
I 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
C 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 calling for such election, provide
for a separate place on the ballot for each vacancy to be
filled at such election, designating such places as Place
! No. 1, Place No . 2, etc. ; and in case an unegpired term
is to be filled at such election, the place for the
Iunegpired term shall be so designated. ] •
New Section 5 . 01 Elections :
"The reQular Citv election shall be held annuallv on the
�I
i uniform election date in May of each year as set bv State
i
� law at which time officers shall be elected to fill
; those offices which become vacant that vear. The Citv
� Council shall fig the hours and place for holdinq such
i election in accordance with State law.
� All notices and publication requirements shall complv
with State law. "
' Section 5 . 03 Filing for office.
! ,�,t.
i
[Any person having the qualifications set forth for
� Councilman under section 3 . 02 of this charter shall have
�III
�
-5-
EXHIBIT A/0928X
Exhibit "A" to Resolution 92-07
Page 6 of 15
the right to file an application to have his name placed
on this official ballot as a candidate for any elective
office, and such application in writing, signed by such
candidate and accompanied by his loyalty affidavit, as
prescribed by V.A.T.S. Election Code, Article 6. 02, filed
�,s,.,.� with the Mayor not less than thirty (30) days, (in
computing said thirty (30) days, the date of filing and
the date of the election shall not be counted) , prior to
the date of election, shall entitle such applicant to a
' place on the official ballot. Each such person filing
his application to have his name placed on the official
ballot shall, in his application, specify the place for
which he desires to become a candidate. ]
New Section 5 . 03 Section 5 . 03 Filing for Office:
! "Any �erson having the qualifications set forth for
� Councilman under Section 3 . 02 of this Charter shall have
� the right to file an aQplication to have his/her name
' placed on the official ballot as a candidate for any
� elective office and such application shall be in writinq
; filed timelv with the City Secretary and in compliance
j with the Tegas Election Code, particularly Sections
! 141. 03 143 005 and 143 . 007 as from time to time amended.
,�
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
between the two candidates receiving the most •votes
i [between fourteen (14) to twenty-eight (28) days after
said special or regular election] at an election called
bv 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.
Section 5 . 08 Oath of office.
[Every officer of the city shall, before entering upon
the duties of his 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 egecute the duties of the office of
, of the City of Grapevine, State of Tegas,
and will to the best of my ability preserve, protect and
-6-
EXHIBIT A/0928X
Exhibit "A" to Resolution 92-07
Page 7 of 15
defend the Constitution and Laws of the United States and
of this State and the Charter and Ordinances of this
,� . 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
� 'tl 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. ]
New Section 5 . 08 Oath of Office: In compliance with Tezas
Const . Article 16, Section 1:
A) Everv elected or appointed officer of the City before
thev enter u�on the duties of their offices take the
following oath or affirmation:
"I do solemnly swear (or affirm) ,
that I will faithfully egecute the duties of the office
of of the City of Granevine, Tezas, and
will to the best of my abilitv 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 takinu the oath or
affirmation of office prescribed above and enterin4 upon
the duties of the office shall subscribe to the followinq
statement •
� "I , do solemnly swear (or affirm)
that I have not directly or indirectly paid, offered,
promised to pay, contributed, or promised to contribute
anv money or thing of value, or promised any public
office or emplovment for the givinq or withholdinQ of a
vote at the election at which I was elected so help me
God. " .
C) Every appointed officer before takina the oath or
affirmation of office prescribed above and enterinQ upon
the duties of he office shall subscribe to the followina
statement •
��I , , do solemnlv swear (or affirm)
that I have not directly or indirectly paid, offered, or
promised to pav contributed, or promised to contribute
any money or valuable thina, or promised anv public
office or employment, as a reward to secure mv
appointment or confirmation thereof, so heln me God. "
�:M,
�
-7-
EXHIBIT A/0928X
i
Exhibit "A" to Resolution 92-07
Page 8 of 15
Section 6 . 01 Scope of recall
� All elected city officials [whether elected to office by
the qualified voters of the city or appointed by the City '
Council to fill a vacancy] 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.
Section 6 . 02 Petitions for Recall : I
Before the question of recall of such officer shall be I
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 name thereto in ink or indelible
pencil, and shall write after his name his place of
residence, giving name of street and number, or place of
residence, and shall also write thereon the day, the
month, and year, his signature was affized] "Each signer
of such recall netition shall personally sign his/her
name and each petition shall contain all information
recxuired bv Section 277 . 002 of the Tezas Election Code '
includina the siqner ' s printed name, voter reaistration '
� �' number . County of registration, residence address , and �
date of signinq. " '
; Section 7 . 02 Initiative: I
The people of the City of Grapevine reserve the power of
direct legislation by initiative, and in ezercise of. such
power may propose any ordinance ezcept: (1) ordinances
appropriating money or levying tazes, and (2) ordinances
repealing ordinances appropriating money or levying
tazes , 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
-8-
EXHIBIT A/0928X
Exhibit "A" to Resolution 92-07
Page 9 of 15
in the same manner as recall petitions are signed, as
provided in section 6. 02 of this charter, and shall be
A. _ 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 .
�i [Upon presentation to it of the petition and draft of the
i proposed ordinance or resolution, it shall become the
duty of the City Council, within ten (10) days after the
I� receipt thereof, to pass and adopt such ordinance or
i 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 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 sizty (60)
I�'I days after the filing of the petition, the question may
be voted on at such election. ] Upon Qresentation to it
1�! of the petition and draft of the proposed ordinance or
resolution it shall become the dutv of the Citv Council,
within ten (10) days after the receipt thereof , to pass
� and adopt such ordinance or resolution without alteration
ias 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) davs thereafter at the nezt
uniform election date authorized under the Tegas Election
� Code. Section 41 001 at which the crualified voters of
the Citv of Grapevine shall vote on the question of
ado�tinQ or rejecting the pro�osed legislation However,
if any other municipal election is to be held within
siatv �60) days after the filing of the petition, the
guestion may be voted on at such election. "
Section 8 . 01 Platting of Property:
' (a) Hereafter, every owner of any tract of land situated
i 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
iaddition to the City, shall comply with the provisions of
i Article 974a of the Revised Civil Statutes of the State
of Tezas 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 .
; d ,
�,
II �.�
I
� -9-
EXHIBIT A/0928X
Exhibit "A" to Resolution 92-07
Page 10 of 15
[ (b) The provisions of section 8 . 01(a) above shall apply
similarly to the owner of any tract of land situated with
,. a magimum distance of five (5) miles beyond corporate
limits of the City of Grapevine. ]
New (b) "The provision of Section 8 . 01(a) shall apply
�'Y`"' similarly to the owner of any tract of land situated
within the City' s egtraterritorial jurisdiction of the
City in accordance with Section 242 . 001 of the Tegas
Local Government Code. "
Section 9 . 11 Effective date of budget; certification; copies
made available
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, [the County Clerk of Tarrant
County, and the State Comptroller of Public Accounts at
Austin] and in the Grapevine Public Librarv to be made
available for review bv the public. The final budget
shall be 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 .
Section 9 . 14 Contingent appropriation
Provision shall be made in the annual budget and in the
j 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 . [E$penditures
� from this appropriation shall be made only in case of
established emergencies, and a detailed account of. such
ezpenditures shall be recorded and reportedJ . "The Citv
II� Council ' s approval of ezpenditures shall be by the
; favorable vote of 3/4 of the members of the City Council
present. "
Section 9 . 15 Estimated ezpenditures shall not ezceed estimated
resources .
The total estimated eapenditures 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 ezpenditure
accounts shall conform as nearly as local conditions will
permit to the uniform classification as promulgated by
�.,� the [National Committee on Governmental Accounting or
some other nationally accepted classification] "a
nationallv acce�ted accounting oraanization that adopts
�w�
nationally accepted classifications . "
-10-
EXHIBIT A/0928X
Exhibit "A" to Resolution 92-07
Page 11 of 15
Section 9 . 19 Property subject to taa; method of assessment �
[All real and personal property within the City of
Grapevine on the first day of January, not ezpressly �
�� �
egempted by law, shall be subject to annual tazation. On
or before the first day of January each year, the City
Assessor-Collector shall make available to each owner of
property within the city, a taz rendition form, on which
form such property owner shall state the value of his
property computed in a manner prescribed by the City
Council and shall return said form to the City
Assessor-Collector before the first (lst) day of April of
that year. In all cases of failure to obtain a statement
of real and personal property, from any cause, the
Assessor-Collector shall ascertain the amount and value
of such property, and may assess the same at what he
believes to be the true value, thereof, and, such
assessment shall be as valid and binding as if such
property had been rendered by the owner thereof . ]
New Section 9 . 19 Property Subject to Taz: Method of I'
' Assessment : '
"All real and personal pro�erty located in the Citv on I,
Januarv 1 of each vear is tazable by the City unless I
exempt by law. " '
Se tion 9 .20 Board of e ualization a ointment • '
c q PP .
qualifications !
[Each year the City Council shall appoint no fewer than
three (3) nor more than five (5) persons, who shall be ',
qualified voters and real property owners in the City of
Grapevine as the Board of Equalization; such members
shall not be members of the City Council . At the same
meeting that the City Council appoints such board, it
shall fix the time of the first meeting of the board,
which shall be not later than the first day of August .
Members of the Board shall, while serving, receive such
compensation as may be provided for them by the City
Council . '
Section 9 .21 Powers of board of equalization
The Board of Equalization shall have the power to :
(a) Elect a chairman from its membership;
(b) Adopt regulations regarding the procedure of
assessment review;
�t�
(c) After its first meeting, reconvene and adjourn from
time to time; �
�
-11-
EXHIBIT A/0928X
Exhibit "A" to Resolution 92-07
Page 12 of 15
(d) Review, on complaint of property owners, assessments
for the purpose of tazation of both real and personal
� � property within the city made by the City Taz Assessor;
� (e) Hold hearings, administer oaths and take testimony;
.�<,-, and
� (f) Compel the production of all books, documents, and
other papers pertinent to the investigation of the
! tazable values of any person, firm or corporation having
� or owning property within the corporate limits of the
city, subject to tazation.
� Section 9 .22 Duties of the board of equalization
f The Board of Equalization shall, at its first meeting,
j
� elect a chairman from its membership and determine its
rules of procedure. It shall then be the duty of the
Board to:
(a) Eaamine and, if necessary, revise the assessments as
presented by the City Taz Assessor-Collector, to the end
that all property within the city shall be assessed as
� fairly and uniformly as possible;
i
` (b) Hold as many hearings as may be necessary to hear
i and determine the complaint of any person in relation to
� the assessment roll; and
�, (c) Make such adjustments in the assessment roll as it
may determine to be necessary.
Whenever the Board of Equalization shall find it their
duty to raise the value of any property appearing on the
lists or books of the Assessor-Collector, it shall, after
having ezamined such lists and books and corrected all
errors appearing therein; adjourn to a day not less than
ten (10) nor more than fifteen (15) days from the date of
� adjournment and shall cause the secretary of said Board
� to given written notice to the owner of said property or
; to the person rendering same, of the time to which the
I board has adjourned and that such owner or person
� rendering said property may at that time appear and show
� cause why the value of said property should not be
! raised. Such notice may be served by depositing the
� same, properly addressed and postage paid, in the U.S.
�
government post office at Grapevine, Tezas .
i Section 9 .23 Records of board of equalization
�
� � a The Board shall be required to keep an accurate record of
all its proceeding which shall be available for public
I inspection. Immediately upon completion of its work, the
� Board shall certify its approval of the "assessment
,
�,v�
i -12-
� EXHIBIT A/0928X
�I
��
Exhibit "A" to Resolution 92-07
Page 13 of 15
rolls" which shall be returned to the City Council, which
shall in turn approve the said rolls as returned to it;
' and, thereupon, adopt the same as the assessment rolls to
� be used for the collection of tazes for the current year. ]
� Sections 9 .20, 9 . 21, 9 .22 and 9 . 23 are to be deleted as the
- Local Board of Equalization has been replaced under the Tag
Code.
Section 9 .26 Issuance of bonds
[In keeping with the constitution of the State of Tezas
and not contrary thereto, the City of Grapevine shall
have the right, authority and power to borrow money on
the credit of the city for any public purpose not or
hereafter prohibited by the constitution and laws of the
State of Tezas, and shall have the right to issue all taz
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 laws of the State of
';� Tezas .
I Revenue bonds . The city shall have the right, authority
�� and power to borrow money for the purpose of
constructing, purchasing, improving, eztending or
i repairing of public utilities, recreational facilities or
facilities for any other self-liquidating municipal
function not now or hereafter prohibited by any general
I laws of the state; and, to issue revenue bonds to
,,, _ evidence the obligation created thereby. Such bonds
shall be a charge upon, and payable solely from the
properties, or interest therein, acquired, and the income
( therefrom; and, same shall never be a "debt of the
I city" . All revenue bonds issued by the city shall first
i be authorized by a majority of the qualified voters
� voting at an election held for such purpose. The Council
i shall have authority to provide for the terms and form of
Iany purchase agreement, contract, mortgage, bond, or
i document, desired or necessary, for the issuance of
� revenue bonds, and the acquisition and operation of any
; such property or interest. ]
'i New Section 9 .26 Issuance of Bonds :
'I�
, A) Power to Issue. In keeping with the Constitution of
! the State of Tegas , and not contrary thereto, the Citv of
Grapevine, shall have the riaht to issue all tag bonds,
revenue bonds, fundinq and refunding bonds, time warrants
and other evidences of indebtedness as now authorized or
� as mav hereafter be authorized to be issued by cities and
�y=� towns by the general laws of the State of Tegas .
�
f �
-13-
� EXHIBIT A/0928X
i.
Exhibit "A" to Resolution 92-07
Page 14 of 15
B) Manner of Issuance. Bonds and warrants of the City
,� : of Grapevine shall be issued in the manner provided bv
the general laws of the State of Tezas applicable to
� cities and towns . �
I �,;,�
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
i now, or hereafter, be granted under the constitution and
laws of the State of Tesas . "Notwithstanding anything to
` the contrary in this Article 10 dealing with the
reQulation of franchises and public utilities , the Public
Utility Regulatory Act of Texas as from time to time
amended shall control where applicable. "
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 I
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 Tezas Open Records Act. " '
� Section 11. 06 Special provisions covering damage suits , etc. '
i
I
! (a) The City of Grapevine, Tezas, 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 ,
I writing with the City Manager or City Secretary within
[thirty (30) days] sig (6) months after the occurrence of
such injury, stating specifically in such notice, when,
where, and how the ezact injury occurred and the full
egtent thereof together with the amount of damage claimed
or asserted. The City of Grapevine, Tezas, 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 [thirty (30) daysJ sig (6) months after
�,� said damage or injury has occurred, stating specifically
when, where, and how the injury or damage occurred and
the full eztent thereof, and the amount of damage
�,I
�
sustained.
, -14-
EXHIBIT A/0928X
i
i
Exhibit "A" to Resolution 92-07
Page 15 of 15
(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 [thirty (30) days] siz
[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, Tezas, 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, Tezas, 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 .
; No provision of this section shall ever be so construed
i �` " 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, Tegas,
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 Tegas .
���
-15-
EXHIBIT A/0928X