Loading...
O-79-719 - 10/4/1979ORDINANCE NO. 7/9 AN ORDINANCE CALLING AN ELECTION FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED AMENDMENTS TO THE HOME RULE CHARTER FOR THE CITY OF ROUND ROCK, TEXAS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 1. That an election shall be held on November 6, 1979, in said City, at the following designated polling place: PUBLIC SAFETY BUILDING, 300 S. BLAIR STREET Said City shall constitute a single election precinct for said election, and the following election officers are hereby appointed to hold said election: Presiding Judge: Margaret Nauert Alternate Presiding Judge: Rilda Scarborough 2. That the Presiding Judge shall appoint not less than two qualified election clerks to serve and assist in conducting said election; provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. 3. That by approving and signing this Ordinance the Mayor of said City officially confirms his appointment of the aforesaid election officers to serve at said election; and by passing this Ordinance the governing body of said City approves and concurs in the appointment of the afore- said election officers. 4. That all resident, qualified electors of said City shall be entitled to vote at said election. 5. That notice of said election shall be given by posting a substantial copy of this Ordinance at the City Hall and by publication thereof in the official newspaper of the City, on the same day in each of two (2) successive weeks; the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. 6. That the official ballots for said election shall be prepared in accordance with Article 1170 V.A.C.S., so as to permit the electors to vote "Yes" or "No" on any sub- mitted amendment, with the ballots to contain such provi- sions, markings and language as required by law, and with such amendments to be submitted as follows: CHARTER AMENDMENT NO. 1 Shall Section 3.01 of the Charter be amended to read as follows: 3.01 Number, Selection and Term: The Council shall be composed of the Mayor and six (6) Councilmen. The Ma or and all Council- men shall be elected from the City at large and each Councilman shall occupy a position on the Council, such positions being numbered 1 through 6 consecutively. The Mayor and Councilmen shall be elected in the manner provided in Article 5 of this Charter to serve for three (3) year terms. In order to provide for an orderly transition from two (2) year terms to three (3) year terms, at the first general election held under this amended Article, two (2) Councilmen shall be elected to serve two (2) year terms and two (2) Councilmen shall be elected to serve three (3) year terms. The positions which shall be elect- ed to two (2) year terms shall be determined by drawing lots at the first regular Council meeting held after this amended Article is adopt- ed. The following year, and each year there- after, all elections shall be for three (3) year terms. CHARTER AMENDMENT NO. 2 Shall Section 3.06(b) of the Charter be amended to read as follows: 3.06(b) Forfeiture of Office: If the Mayor or any Councilman: (1) Fails to maintain the qualifications as required in Sections 3.02 and 5.02 herein, (2) Has been found by at least a 2/3 vote of the Council to have violated any ex- press prohibition of this charter, (3) Is convicted of a crime involving moral turpitude, or (4) Fails to attend three (3) consecutive regular Council meetings without being excused by the Council, the City Council shall, at its next regular meeting, declare the office to be vacant and shall fill such vacancy as set forth in Subsection (c) below of this Section 3.06. CHARTER AMENDMENT NO. 3 Shall Section 3.12 of the Charter be amended to read as follows: 3.12 Voting: The Council shall provide for minutes being taken and recorded of all meetings, and such minutes shall be a public record. Provided however that there shall be no requirement for the taking and recording of minutes of meetings held in executive or closed session in accordance with Art. 6252- 17, V.T.C.S. Voting, except on procedural mo- tions, shall be by roll call and the ayes and nays shall be recorded in the minutes. -2- All members of the Council present, including the Mayor, shall vote upon every resolution or ordinance, except where there is a conflict of interest, the reason for which shall be stated concisely in the records. CHARTER AMENDMENT NO. 4 Shall Section 3.13 of the Charter be amended to read as follows: 3.13 Ordinances in General: Ordinances and resolutions shall be introduced in the City Council only in written or printed form. Ordinances making appropriations shall be confined to the subject of appropriations. Any ordinance which levies a fine or penalty and those dealing with budget and/or tax, fran- chises, public utilities or the setting of their rates, shall be read at two regular meetings followed by publication in full or by caption in two successive issues of the official newspaper of the City of Round Rock before the same shall become effective. All other ordinances shall not be finally passed until they have been read on two separate days not less than twelve (12) hours apart; provided however if an ordinance has been introduced at a regular meeting of the Council, the require ments for reading on two separate days may be dispensed with by an affirmative vote of all the Council members present. Any ordinance introduced pursuant to Section 9.01 (e)(2) may be adopted and finally passed at the meeting at which it is introduced. The final reading of each ordinance shall be read in full unless written or printed copy thereof shall have been furnished to each member of the City Council prior to such meeting. The enacting clause of all ordinances shall be: "Be it ordained by the Council of the City of Round Rock, Texas." CHARTER AMENDMENT NO. 5 Shall Section 4.01 (e) of the Charter be amended to read as follows: 4.01 (e) Assistant City Manager: The City Manager, within sixty (60) days after taking office, shall designate by let- ter filed with the City Secretary, a quali- fied administrative officer of the City to perform the duties of the City Manager in his absence or disability. Such designation shall be subject to the prior approval by the Council. The Assistant City Manager is authorized to perform the same powers -3- lows: and duties as the City Manager while he is acting in his stead. No member of the Coun- cil shall serve as Assistant City Manager. From time to time the City Manager may re- move and appoint in his stead another Assist- ant City Manager, also with the prior ap- proval of the City Council. CHARTER AMENDMENT NO. 6 Shall a new Section 5.02(g) be added to read as fol - 5.02 (g) Shall pay a filing fee in the amount of fifty dollars ($50.00). CHARTER AMENDMENT NO. 7 Shall Section 5.04 of the Charter be amended to read as follows: 5.04 Canvassing: The returns of every municipal election shall be delivered from the election judges to the City Secretary at City Hall not later than twelve (12) hours after the closing of the polls. One extra copy shall be delivered for the Mayor at this time. The Council shall, at a special meeting called for that purpose or at its next regular meeting, canvass the returns from any municipal election and declare the re- sults of said election to be official. The re- turns of every municipal election shall be recorded in the minutes of the Council, by totals for each candidate, or, for or against each issue submitted. CHARTER AMENDMENT NO. 8 Shall Section 6.01 of the Charter be amended to read as follows: 6.01 Scope of Recall Any elected city official, 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 the office by the qualified voters of the City. CHARTER AMENDMENT NO. 9 Shall Section 6.02 of the Charter be amended to read as follows: 6.02 Petition 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 -4- to be so submitted shall first be filed with the person performing the duties of the City Secretary; which said petition shall be signed by qualified voters of the City equal in number to at least ten percent (10%) of the number of registered voters as last published by the Coun- ty Tax Assessor/Collector. Each signer of such recall petition shall personally sign his own name thereto in ink or indelible pencil, and shall write after his name his place of resi- dence, giving name of street and number, or place of residence, and shall also write thereon the day, the month and year his signature was affixed. Such petition shall contain a general statement of the grounds for which the removal is sought. CHARTER AMENDMENT NO. 10 Shall Section 6.03 of the Charter be amended to read as follows: 6.03 Recall Procedure: Any registered voters of the City may make and file with the person performing the duties of City Secretary an affidavit containing the name or names of the officer(s) whose removal is sought and a statement of the grounds for re- moval. The City Secretary shall immediately notify in writing the officer(s) sought to be removed that the affidavit has been filed and shall inform the officer(s) of its statement of grounds. The City Secretary shall within a period of two (2) working days from the time the affidavit was filed thereupon make available to the registered voters making such affidavit copies of petition blanks demanding such remov- al. The City Secretary shall keep a sufficient number of such printed petition blanks on hand for distribution. Such blanks when issued by the City Secretary shall bear the signature of the City Secretary and be of such form as pre- scribed in Section 6.04 of this Article, and shall be numbered, dated, and indicate the name of the person to whom issued. The City Secre- tary shall enter in a record to be kept in his office the name of the registered voters to whom the petition blanks were issued and the number to said person. CHARTER AMENDMENT NO. 11 Shall Section 7.01 (a) of the Charter be amended to read as follows: 7.01(a) Initiative The qualified voters of the City shall have power to propose ordinances to the Council, ex- cept ordinances appropriating money or levying of taxes, or applicable to zoning, not in con- flict with this Charter, the State Constitution, -5- or the State laws; and, if the Council fails to adopt an ordinance so proposed, to adopt or re- ject it at a City election. CHARTER AMENDMENT NO. 12 Shall Section 7.01(b) of the Charter be amended to read as follows: 701(b) Referendum: The qualified voters of the City shall have power to require reconsideration by the Council of any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to ap- prove or reject it at a City election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes, or applicable to zoning, or to bonds issued pursuant to the authority of an election or elections theretofore held. CHARTER AMENDMENT NO. 13 Shall Section 8.09 of the Charter be amended to read as follows: 8.09 Purchase Procedure: All purchases made and contracts executed by the City shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be charged and no con- tract order shall be binding upon the City un- lessthe City Manager certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and al- lotment balance to pay for the supplies, mater- ials, equipment or contractual services for which the contract or order is to be issued. Before the City makes any purchase or contract for supplies, materials, equipment, or contrac- tual services, opportunity shall be given for competition as hereinafter provided. The Coun- cil may by ordinance confer upon the City Mana- ger general authority to contract for expendi- tures involving two thousand dollars ($2,000.00) or less; expenditures involving more than two thousand dollars ($2,000.00) must be expressly approved in advance by the Council. All con- tracts, or purchases involving purchases of re- placement and/or additional vehicles and equip- ment shall be let to the lowest and best respon- sible bidder after there has been opportunity for competitive bidding as provided for by law or ordinance; PROVIDED that the Council, or the City Manager in such cases as he is authorized to contract for the City, shall have the right to reject any and all bids. Contracts for per- sonal or professional services shall not be let on competitive bids. -6- CHARTER AMENDMENT NO. 14 Shall a new Section 12.02 be added to the Charter to read as follows: 12.02 Qualifications: A. Each candidate for an appointment as a mem- ber of the Planning and Zoning Commission shall meet the following requirements: (1) Shall be a registered voter of the City. (2) Shall have resided for at least twelve (12) months preceeding his appointment within the corporated limits of the City, including territory annexed prior to his appointments. (3) Shall not be in arrears in the payment of any taxes or other liabilities due the City. "In arrears" is defined here- in to mean that payment has not been received within ninety (90) days from due date. B. In addition to any other qualifications pre- scribed by law, each member of the Planning and Zoning Commission shall continue to meet the conditions of Section 12.02 while in office, and shall reside within the City while in office. CHARTER AMENDMENT NO. 15 Shall a new Section 12.03 be added to the Charter to read as follows: 12.03 Members Filing for Office: No member of a Board or Commission shall con- tinue in such position after filing for an elective office. CHARTER AMENDMENT NO. 16 Shall a new Section 12.04 be added to the Charter to read as follows: 12.04 Planning and Zoning Commission: There shall be a City Planning and Zoning Com- mission which shall consist of nine (9) members serving two (2) year terms which the City Coun- cil shall establish by ordinance. The Commission shall have the power and be re- quired to: (1) Be responsible to and act as an advisory body to the Council. (2) Recommend to the City Council for its action an official zoning map and recom- mend any changes to the map. (3) Study plats and plans of proposed sub- divisions and insure that all plats and plans conform to the City's subdivision and development ordinances. -7- (4) Annually recommend a 5 year Capital Im- provement Program to the City Council. (5) Annually recommend an annexation plan to the City Council. (6) Annually review the General Plan for the City and recommend to the Council any change. (7) Perform such other functions as may be duly delegated to them from time to time by the City Council. CHARTER AMENDMENT NO. 17 Shall Section 13.12 of the Charter be amended to read as follows: 13.12 Charter Review Commission: The Council shall appoint at its first regular meeting of 1979 and not later than every fourth year thereafter, a Charter Commission of seven (7) citizens of the City of Round Rock. CHARTER AMENDMENT NO. 18 Shall a new Section 13.14 be added to the Charter to read as follows: 13.14 Security or Bond Not Required: It shall not be necessary in any action, suit or proceedings in which the City shall be a party for any bond, undertaking or security to be executed in behalf of the City, but all actions, suits, and proceedings shall be con- ducted in the same manner as if such bond, undertaking or security had been given. The City shall have all remedies of appeal provided by law to all courts without bond or security of any kind. For the purposes of all such ac- tions, suits, proceedings and appeals, the City shall be liable in the same manner and to the same extent as if the bond undertaking or se- curity has been executed and given. CHARTER AMENDMENT NO. 19 Shall a new Section 13.15 be added to the Charter to read as follows: 13.15 Drilling Operations: The City Council may, by ordinance, prohibit the drilling of water wells for commercial, industrial and agricultural purposes, and may provide regulations for the drilling and use of water wells for commercial, industrial, agri- cultural and domestic purposes. -8- READ and APPROVED on first reading this the 3rd day of October, 1979. READ, APPROVED and ADOPTED on second reading this the 4th day of October, 1979. LARRY ONN, I AYOR�. City of Round Rock, Texas ATTEST: y Secretary