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HomeMy WebLinkAboutO-1335-5-95ORDINANCE NO. 1335-5-95 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, DECLARING THAT THE AMENDMENTS TO THE HOME RULE CHARTER VOTED ON BY THE VOTERS OF THE CITY OF ALLEN AT AN ELECTION HELD ON MAY 6,1995, WERE ADOPTED AND APPROVED AS AMENDMENTS TO THE HOME RULE CHARTER FOR THE CITY OF ALLEN, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, adopted Ordinance No. 1324-3-95 ordering that an election be held in the City of Allen, Texas, on May 6, 1995, for the purpose of adopting amendments to the Home Rule Charter of the City of Allen, and caused notice of said election to be given in the manner and for the time provided by law; and WHEREAS, immediately after said election, the presiding judges and other election officials holding said election made their returns and results thereof to the City Council; and WHEREAS, a majority of the votes cast at said election were for the adoption of all propositions amending the Home Rule Charter of the City of Allen, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: That the amendments to the Home Rule Charter, approved and adopted by the voters of the City of Allen at an election held for that purpose on May 6, 1995, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby declared to be the amendments to the Home Rule Charter of the City of Allen, to take effect immediately from and after the passage of this ordinance. SECTION 2: That the City Secretary shall record in the office of the City Secretary, the Charter Amendments adopted by the voters of the City; and pursuant to § 9.007, TEx. Loc. Gov'T CODE ANN., the Mayor shall certify to the Secretary of State of the State of Texas, an authenticated copy of this ordinance and said amendments to the Home Rule Charter, under the seal of the City, showing the approval by the qualified voters of the City of Allen, Texas. SECTION 3: That this ordinance shall take effect from and after its passage as the law and charter in such cases provide. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 18TH DAY OF MAY, 1995. OE FARMER, MAYOR ATTEST: Y M RI ON, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/jd 5-12-95) Ordinance No. 1335-5-95 page 2 AGG06C27 MAYOR'S CERTIFICATE OF AUTHENTICATION CITY OF ALLEN, TEXAS § COUNTY OF COLLIN, TEXAS § Pursuant to TEx. Loc. Gov'T CODE ANN. § 9.007, I, Joe Farmer, Mayor of the City of Allen, Texas, hereby certify that the above and foregoing is a true and correct copy of City of Allen Ordinance No. 1335-5-95 adopted by the City Council of the City of Allen, Texas, on the 18 th day of May, 1995, and attached thereto as Exhibit "A" is a true and correct copy of the amendments to the City of Allen Home Rule Charter approved by the voters of the City of Allen at an election held for that purpose on May 6, 1995. This Certificate of Authentication executed this -ath day of May, 1995. 15�E -FARMER, O. ATTEST: •' / MI -M oil APPROVED AS TO FORM: C :;�� ;) �� v PETER G. SMITH, CITY ATTORNEY Ordinance No. 1335-5-95 Page 3 AGG06C27 EXHIBIT "A" Amendments to the Home Rule Charter of the City of Allen, Texas approved May 6, 1995: "HOME RULE CHARTER For The CITY OF ALLEN, TEXAS Art. I. Incorporation; Form of Government; Powers Art. II. The Council Art. III. The City Manager Art. IV. Budget Art. V. Bonds, Warrants, and Other Evidence of Indebtedness Art. VI. Assessment and Collection of Taxes Art. VII. Nominations and Elections Art. VIII. Franchises and Public Utilities Art. IX. Initiative, Referendum and Recall Art. X. Miscellaneous Provisions ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS Sec. 1.01. Incorporation, Boundaries, Annexation and Disannexation. B. The boundaries and limits of the City of Allen shall be as established by incorporation and modified by subsequent annexations and disannexations. The city shall maintain an official map of its boundaries in accordance with Chapter 41, V. T. C. A. Local Government Code. C. The City Council shall have the power by ordinance to fix the boundary limits of the City of Allen, and to provide for the alteration and extension of said boundary limits and the annexation of additional territory lying adjacent to the city, with or without the consent of the inhabitants of the territory annexed. Upon final passage of an annexation ordinance in the original or amended form, the boundary limits of the city shall thereafter be as fixed in such ordinance and when any additional territory has been so annexed, the same shall be a part of the City of Allen and the property situated therein shall bear its pro rata part of the taxes levied by the city, and thereafter the inhabitants thereof shall be entitled to all the rights and privileges of all citizens of the city, and shall be bound by the acts, ordinances, resolutions and regulations of the city. Ordinance No. 1335-5-95 Page 4 ncc06c27 EXHIBIT "A" D. The city council may, in its exclusive discretion, by ordinance, exclude from the city any territory within the corporate limits of the city, provided however, that such disannexation shall not cause an area to be entirely surrounded by the city unless the city council finds, before completing the disannexation, that surrounding the area is in the public interest. Sec. 1.02. Form of government. The municipal government provided by this charter shall be known as the "council- manager" form of government. Pursuant to its provisions and subject only to the limitations imposed by the state constitution, by the statutory laws of the State of Texas, and by this charter, all powers of the city shall be vested in an elective city council, hereinafter referred to as the "council," which shall enact local legislation, adopt budgets, determine policies, appoint the judge of the municipal court, and appoint the city manager, who shall execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescribed by this charter, or if the manner be not prescribed, then in such manner as may be prescribed by local ordinance. Sec. 1.03B. General powers adopted: The enumeration of the particular powers in this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein or implied hereby or appropriate to the exercise of such powers, the city shall have and may exercise all powers of local self- government and all other powers which, under the constitution and laws of the State of Texas, it would be competent for this charter specifically to enumerate. The City of Allen shall have and may exercise all the powers enumerated in the laws of the State of Texas as now or hereafter amended. ARTICLE H. THE COUNCIL Sec. 2.01. Number, selection, term. The council shall consist of seven (7) members, that is a mayor and six (6) councilmembers, elected by numbered place from the city at large in the manner provided in this charter, for staggered terms of two (2) years or until their successors have been elected and take office as provided in this charter. Ordinance No. 1335-5-95 Page 5 AGG06C27 EXHIBIT "A" Sec. 2.02. Qualifications. The members of the council shall be qualified voters of the City of Allen and shall have been residents of the city for at least one (1) year immediately preceding their election. Members of the council shall hold no other elected office or appointed public office or position of emolument, except as authorized by state law. If a member of the council shall cease to possess any of these qualifications or shall be convicted of a felony or a crime involving moral turpitude, such person shall immediately forfeit such office. The City Council shall be the judge of the election and qualifications of its own members. Sec. 2.03. Compensation. Members of the council shall serve with compensation provided by ordinance. They shall be entitled to reimbursement of necessary expenses incurred in the performance of their official duties when approved by the council. Sec. 2.04. Vacancies in the council. A single vacancy in the council shall be filled by appointment of a qualified person by a majority vote of the remaining members of the council within thirty (30) days of the vacancy, and the person appointed shall serve for the unexpired term only. When two (2) or more vacancies exist, a special election shall be ordered to fill the vacancies. Such special election shall be called for the next available uniform election date. Sec. 2.05. Presiding officer. The mayor shall preside at meetings of the council, and shall be recognized as the head of city government for all ceremonial purposes and by the governor of the State of Texas for purpose of military law, but shall have no regular administrative duties. The mayor may participate in the discussion of all matters coming before the council. The mayor shall be required to vote as a member thereof on legislative and other matters. The council shall elect from among the councilmembers a mayor pro tempore who shall act as mayor during the absence or disability of the mayor. If a vacancy in the office of mayor occurs, the council shall elect a mayor from its own members who shall serve until the next regular council election. If a council election occurs prior to the normal expiration of the vacated term of the mayor, such election shall elect a mayor for the remaining portion of the unexpired term. Such councilmember's former place shall be deemed vacated. Sec. 2.06. Powers. Ordinance No. 1335-5-95 page 6 AGG06C27 EXHIBIT "A" (12) Appoint the city secretary, the city attorney, municipal judge and alternate municipal judge. Sec. 2.07. Appointment of city manager. The council shall appoint a city manager, for an indefinite term, who shall be the chief administrative and executive officer of the city. No member of the council shall, during the term for which the member was elected, be chosen as the city manager. The city manager shall receive such compensation as may be fixed by the council. Sec. 2.08. Removal of the city manager. The council may remove the city manager, upon the affirmative vote of a majority of the full membership of the council. If removed after serving three (3) months, the city manager may demand written charges and the right to be heard thereon at a public meeting of the council prior to the date on which the city manager's final removal shall take effect; pending such hearing the council may suspend the city manager from office. The action of the council in suspending or removing the city manager shall be final, it being the intention of the charter to vest all authority and fix all responsibility for such suspension and removal in the council. Sec. 2.09. Removal of other appointive officials. The council may, upon the affirmative vote of a majority of the full membership of the council, remove members of its appointive boards and commissions as allowed by state law. Sec. 2.10. Council's right of inquiry into appointments and removals. Neither the council nor any of its members shall direct or request the appointment of any person to or such person's removal from any office under the control of the city manager. In regard to administrative and executive duties under the city manager, the council and its members shall deal solely through the city manager and neither the council nor any member thereof shall give orders to any subordinate of the city manager, either publicly or privately. Any knowing violation of the foregoing provisions of this charter by any member of the council shall constitute official misconduct and shall authorize the council by a vote of a majority of its membership to expel such offending member from the council if found guilty after a public hearing, and thereby create a vacancy in the place held by such member. Ordinance No. 1335-5-95 page 7 AGG06C27 EXHIBIT "A" Sec. 2.11. 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. Sec. 2.12. Reserved. Sec. 2.13. Municipal court. 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 now or hereafter may be prescribed by laws of the State of Texas relative to municipal courts. Sec. 2.14. Municipal judge. The city council shall appoint a judge and one or more alternate judges of the municipal court or courts to be known as the municipal judge, who shall be appointed for a term of two (2) years, subject to removal by the City Council with or without cause. The judge or judges shall receive such compensation as may be fixed by the council. All costs and fines imposed by the municipal court shall be paid into the city treasury for the use and benefit of the city. Sec. 2.15. Induction of council into office; meetings. The first meeting of each newly elected council, for induction into office, shall be held on the first Thursday next following its election, after which the council shall meet regularly on the first and third Thursdays of each month. All regular meetings and all called special meetings of the council shall be open to the public, except as authorized by state law. The mayor or any two (2) members of the city council may call special meetings of the city council at any time, after publishing notice of that meeting in accordance with state law. Sec. 2.16. Procedure for passage of ordinances. Every ordinance shall be introduced in written or printed form and upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective from the date of its passage; subject to the provisions of this charter. The city secretary shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper of the City of Allen at least twice within ten (10) days after the passage of said ordinance. The city secretary shall note on every ordinance, the caption of which is Ordinance No. 1335-5-95 Page 8 AGG06C27 EXHIBIT "A" hereby required to be published, and on the record thereof, the fact that same has been published as required by the charter, and the date of such publication, which shall be prima facie evidence of the legal publication and promulgation of such ordinance; provided that the provisions of this section shall not apply to the correction, amendment, revision and codification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided by this charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of the city council. Every ordinance shall be authenticated by the signature of the mayor and city secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the council. It shall only be necessary to record the caption or title of ordinances in the minutes or journal of council meetings. The city council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as the council deems advisable, and such printed code, when adopted by the council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. Such printed code shall be admitted in evidence in all courts and places without further proof. Sec. 2.17. Reserved. Sec. 2.18. Rules of procedure; minutes. The council shall determine its own rules of order of business. It shall keep the minutes of its proceedings, and the minutes shall be open to public inspection. Minutes of all meetings of the council shall be promptly entered in the minute book of the council, and the city secretary shall at the same time provide a permanent and adequate index showing the action of the council in regard to all matters submitted to it at both regular and special meetings. ARTICLE III. THE CITY MANAGER Sec. 3.01. The city manager. The city manager shall be chosen by the council on the basis of character, executive and administrative training, experience and ability, and without regard to political consideration. The city manager need not when appointed be a resident of" the City of Allen, but during the city manager's tenure of office the city manager shall reside in Allen. Sec. 3.02. Powers and duties. The city manager shall be the chief executive officer and the head of the administrative branch of the city government. The city manager shall be responsible to the city council for Ordinance No. 1335-5-95 Page 9 AGG06C27 EXHIBIT "A" proper administration of all affairs of the city under the jurisdiction of the city manager and to that end, the city manager shall have the power and shall be required to: (1) Appoint, and when necessary for the welfare of the city, remove any officer or employee of the city except as otherwise provided by this charter and, except as the city manager may authorize the head of a department to appoint and remove subordinates in such departments. (3) Prepare and submit to the council at the end of the fiscal year a complete report on the finances of the city for the preceding year. (4) Keep the council advised of the financial condition and future needs of the city and make such recommendation as may seem desirable. (5) Perform such other duties as may be prescribed by this charter or required by the council, not inconsistent with this charter. Sec. 3.03. Bond of city manager. The council shall require the city manager, before entering upon the duties of the office, to execute a good and sufficient bond with a surety company doing business in the State of Texas, as surety thereon, said bond to be in such amount as the council may demand, payable to the City of Allen, conditioned for the faithful performance of the duties of the office, the premium of such bond to be paid by the city and approved by the council. Sec. 3.04. Absence of city manager. To perform the duties of the city manager during an absence or disability, the council may by resolution appoint an officer of the city to perform the duties of the city manager until the city manager shall return or such disability shall cease. In case of absence, disability, or illness exceeding thirty (30) days, where the duties of the city manager could not be performed properly, the city manager's salary may be continued at the discretion of the council. Sec. 3.05. Administrative departments. The city council, after hearing recommendations by the city manager, shall, by ordinance, provide for necessary organizational arrangements, to properly carry out its public safety, public works, recreation, library, finance, and other service and administrative functions. Ordinance No. 1335-5-95 Page 10 AGG06C27 EXHIBIT "A" The city council may, by ordinance, establish such advisory boards as it deems appropriate to assist the council and the city manager in carrying out municipal functions and activities. Sec. 3.08. The city secretary, city attorney, municipal judge, and alternate municipal judge. The positions of city secretary, city attorney, municipal judge and alternate municipal judge shall be considered staff level positions and shall be appointed by the city council. These positions shall not be considered to be in the administrative service of the city, and the appointees thereto shall serve at the discretion of the city council and not the city manager. ARTICLE IV. BUDGET Sec. 4.02. Preparation and submission of budget. (3) The proposed goals and objectives and expenditures for current operations during the ensuing fiscal year, detailed for each fund by organization unit, and program, purpose or activity, and the method of financing such expenditures. ARTICLE V. BONDS, WARRANTS, AND OTHER EVIDENCE OF INDEBTEDNESS Sec. 5.02. Revenue bonds. The City of Allen shall have the power to borrow money for such purposes as constructing, purchasing, improving, expansion of, or repair of public utilities, recreational facilities, or other facilities of self-liquidating municipal function not now or hereafter prohibited by the laws of the State of Texas; and to issue revenue bonds as evidence of the obligation so created. Such bonds shall be a charge upon and payable solely from the properties or interest therein acquired and the income therefrom, and these bonds shall never become a "debt of the city." The council shall have authority to provide for the terms and form of any purchase Ordinance No. 1335-5-95 Page 11 AGG06C27 EXHIBIT "A" agreement, contract, mortgage, bond, or document, desired or necessary, for the issuance of revenue bonds, and the acquisition and operation of any such property or interest. Sec. 5.04. Bond register. There shall be kept as a public record by the Finance Director a register showing all bonds, warrants, and certificates of indebtedness issued, the date, amount, rate of interest where payable, and the maturity contained thereon. When such indebtedness and/or its interest has been paid, that payment shall be recorded in said register. ARTICLE VL ASSESSMENT AND COLLECTION OF TAXES Sec. 6.01. Property Taxes. All property, real, personal or mixed, lying and being within the corporate limits of the City of Allen on the first day of January of each year, excepting such property as may be exempt from taxation under the Constitution and laws of the State of Texas, shall be subject to taxation. Sec. 6.02. Power to levy and collect taxes. The city council shall have such power and authority as is granted by this Charter and the Constitution and laws of the State of Texas to provide by ordinance such rules, regulations and procedures as are necessary for the assessment, levy and prompt collection of all taxes assessed and imposed pursuant to and consistent with this Charter and the Constitution and laws of the State of Texas. Sec. 6.03. Taxes --Method of Payment --Penalties. The taxes herein and hereby authorized to be levied shall become due and payable October 1 of the year assessed, and shall be payable in cash as designated by the city council. The city council may be ordinance provide for split payment of taxes, and may authorize the payment of taxes in two (2) or more equal installments. Taxes shall be deemed and become delinquent if not paid prior to February 1 the year following assessment, unless the city council shall be ordinance provide for split payments, in such event such taxes shall become due and payable as provided in said ordinance. The city council may be ordinance provide for penalty and interest to be assessed on all delinquent taxes in such amounts as may be authorized by law. Ordinance No. 1335-5-95 Page 12 AGG06C27 EXHIBIT "A" Sec. 6.04. Tax lien. A lien is hereby created on all property, personal and real, in favor of the City of Allen, to secure the payment of all taxes, ad valorem or otherwise. Said lien shall exist from January first in each year until such taxes are fully paid. Such lien shall be prior to all other claims, and no gift, sale, assignment or transfer of any kind, or judicial writ shall defeat such lien. The City of Allen may pursue, or cause to be pursued, such property, and whenever found, may seize and sell enough thereof to satisfy such taxes as are owed to the City of Allen. Sec. 6.05. -Sec. 6.20. Reserved. ARTICLE VII. NOMINATIONS AND ELECTIONS Sec. 7.01. Election. The regular city election shall be held on the first Saturday in May each year, at which time officers will be elected to fill those offices which become vacant that year. The council shall fix the hour and place for holding such elections. The 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. Sec. 7.02. Regulation of elections. The council shall make all regulations considered to be necessary or desirable which are not inconsistent with this charter and the laws of the State of Texas, for the conduct of municipal elections, for the prevention of fraud, and shat make provisions for recount of the ballots in case of doubt or fraud. The council will appoint election officials who will conduct the municipal elections consistent with this charter, regulations made by the council, and the laws of the State of Texas. Sec. 7.03. Nominations. Any person having the qualifications required by this charter may become a candidate for election to the office of mayor or councilmember by filing an application with the city secretary, or a petition signed by the minimum number of qualified voters prescribed by state law who shall be designated as sponsors and by paying a filing fee set by the City Council by ordinance. No voter shall sign more than one petition, and should any voter do so, such signature shall be void except as to the petition first filed. With each signature shall be stated the place of residence of the signer, giving the street, number, or other description sufficient to identify it. The petition shall also indicate the position, numbers one (1) through six (6) or the position of mayor that the person is being nominated for, and a nominee may seek only one (1) position, any council position or mayor. Ordinance No. 1335-5-95 page 13 AGG06C27 EXHIBIT "A" Persons who desire to be candidates must file in the above manner with the city secretary not earlier than seventy-five (75) days nor later than forty-five (45) days before the election. Acknowledgment of nomination by petition of each nominee will be in writing and will be accepted by the city secretary. Persons who seek to place their own name in nomination or have been placed in nomination by petition shall take the following oath: "I do hereby declare that I accept the nomination for position number on the council and agree to serve as councilmember (mayor) if elected. I am years of age, a qualified voter of the City of Allen, a resident of the City of Allen for at least one (1) year. At the present time, I reside at in the City of Allen." Date: Received by: Signature Time: City Secretary The petition placing a person in nomination shall meet the requirements of the Texas Election Code. Sec. 7.04. Number, selection, and term of council. The council shall be composed of a mayor and six (6) councilmembers, who shall be elected for two year terms and serve in the following manner: (A) The mayor and other members of the council shall be elected from the city at large for two year terms. The mayor and councilmembers for places 2, 4, and 6 shall be elected in each even -numbered year and councilmembers for places 1, 3, and 5 shall be selected in odd -numbered years. (B) The candidate for mayor who receives the highest number of valid votes by qualified voters at the election shall be declared elected. The candidate for any of the six (6) numbered council positions shall be declared elected if such person re- ceives the highest number of votes cast for that position only. Councilmembers will run for office and will be elected to office by place on the city council. (C) In case of a tie vote as to any two (2) or more candidates the council shall order a runoff election to be held not earlier than twenty (20) days nor later than thirty (30) days after the final canvass of the regular election. Ordinance No. 1335-5-95 Page 14 A0006C27 EXHIBIT "A" (D) The mayor and each councilmember so elected shall hold office for a period of two (2) years and until the successor is elected or qualified. All elections shall be held in accordance with the election laws of the State of Texas and the provisions of this charter. (E) Should the mayor, a member of the city council or any appointed member of a council -appointed commission, committee or study group become a candidate for any elective public office other than the office then held, such candidacy shall constitute an automatic resignation of such office. Sec. 7.06. Qualified voter. A qualified voter is one who possesses the qualifications required by the general laws of the State of Texas. All such qualified voters shall have the right to vote for members of the council and the mayor, and in all elections to determine the expenditures of money, or assumption of debt, and for the levying of special taxes. Sec. 7.07. Reserved. Sec. 7.08. Conducting and canvassing elections. Returns of all municipal elections, both general and special, shall be made not earlier than the second day or later than the sixth day after the election, at which time the council shall canvass the votes, declare the results of such election, with notification of election to the candidate elected. Sec. 7.09. Oath of office. Every officer of the City of Allen shall, before entering upon the duties of such elected or appointed office, take and subscribe to an oath or affirmation to be filed and kept in the office of the city secretary, whose duty it shall be to administer all oaths of office. ARTICLE VIII. FRANCHISES AND PUBLIC UTILITIES Sec. 8.01. Regulation of public utilities. Ordinance No. 1335-5-95 Page 15 AGG06C27 EXHIBIT "A" Any company, corporation, or person who may be engaged in furnishing to the inhabitants of the City of Allen any electrical, power, gas, telephone, or any similar service shall on or before the first day of April of each year file with the mayor of the City of Allen a sworn written report including all the information set forth in the Statutes of the State of Texas, as amended, pertaining only to their operations within the corporate limits of the City of Allen; provided, however, that gas utilities may use the form of report prescribed by the Railroad Commission of the State of Texas for gas distribution system operations with respect to the City of Allen's distribution system. Sec. 8.02. Operation of public services or utilities by the city. The City of Allen shall have the power to build, construct, purchase, own, lease, maintain, and operate, within or without the city limits, light and power systems, water systems, sewerage systems, treatment plants, natural gas systems, parks and recreation facilities, solid waste collection and disposal systems, and any other public service utility; the city shall have the power to mortgage and encumber such system or systems in the manner provided in the laws of the State of Texas applicable thereto; and all the powers which the city might exercise in connection with such public utilities and public services under the laws of the State of Texas including the power to demand and receive compensation for service furnished for private purposes, or otherwise, and with full and complete power and right of eminent domain proper and necessary to carry aut efficiently said objects. Sec. 8.03. Purchase of gas, electricity, etc. The City of Allen shall have the power to purchase electricity, gas, oil or any other article or service essential to the proper conduct of all the affairs of the City of Allen and of its inhabi- tants on such terms as the city council may deem proper, for sale and distribution to the inhabitants of the City of Allen or adjacent territory; provided that no contract for the purchase of a public utility shall be binding on the city unless authorized by an election at which a majority of those voting shall favor the making of such contract. Sec. 8.04. Franchise. (C) No franchise shall ever be granted until it has been approved by a majority of the city council, at three (3) regular meetings of the city council , nor shall any such franchise, grant, or privilege ever be made unless it provides for adequate compensation or consideration therefor to be paid to the city. Ordinance No. 1335-5-95 page 16 A0006C27 EXHIBIT "A" ARTICLE IX. INITIATIVE, REFERENDUM, AND RECALL Sec. 9.01. Scope of recall. The mayor and members of the city council, whether elected to office by qualified voters 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 of Allen on grounds of incompetency, misconduct, or malfeasance in office. Sec. 9.02. Petitions for recall. Before the question of recall of such officer shall be submitted to the qualified voters of the City of Allen, a petition demanding such question to be so submitted shall first be filed with the city secretary, which said petition shall be signed by thirty (30) per -cent of the total number of qualified voters of the city that voted in the last regular municipal election of the city, but in no event less than one hundred fifty (150) such petitioners. Signers of such recall petitions shall personally sign their names thereto in ink or indelible pencil, and shall write after their name their places of residence, giving the name of the street and number, or place of residence, and shall also write thereon the day, the month, and the year their signatures were affixed. Sec. 9.03. Form of recall petition. The recall petition mentioned above must be addressed to the council of the City of Allen, must distinctly and specifically point to the grounds upon which such petition for removal is predicated, and, if there be more than one ground, such as for incompetency, misconduct, or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed notice of the matters and things with which the officer is charged. The signature shall be verified by oath in the following form: "State of Texas County of Collin I, , being first duly sworn, on oath depose and say that I am one of the signers of the above petition, and that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person it purports to be. Sworn and subscribed before me this day of , 19 (Signed) Notary public in and for Collin County, Texas" Ordinance No. 1335-5-95 Page 17 AGG06C27 EXHIBIT "A" Sec. 9.04. Various papers constituting petition. The petition may consist of one or more copies, or subscription lists, circulated separately, and the signatures thereto may be upon the paper or papers containing the form of petition, or upon other paper attached thereto. Verifications provided for in the next preceding section of this article may be made by one or more petitioners, and the several parts of copies of the petition may be filed separately and by different persons; but no signatures to such petition shall remain effective or be counted which were placed thereon more than forty-five (45) days prior to the filing of such petition or petitions with the person performing the duties of city secretary. All papers comprising a recall petition shall be filed with the city secretary on the same day, and the said city secretary shall immediately notify, in writing, the officer so sought to be removed, by mailing such notice to such officer's Allen address. Sec. 9.06. Public hearing to be held. The officer whose removal is sought may, within five (5) days after such recall petition has been presented to the council, request that a public hearing be held to permit the officer to present facts pertinent to the charges specified in the recall petition. In the event, the council shall order such public hearing to be held, not less that five (5) days nor more than fifteen (15) days after receiving such request for a public hearing. Sec. 9.07. Election to be called. If the officer whose removal is sought does not resign, it shall become the duty of the council to order an election and fix a date for holding such recall election, the date of which election shall not be less than twenty-five (25) nor more than forty-five (45) days from the date such petition was presented to the council, or from the date of the public hearing if one was held. Sec. 9.09. Result of recall election. If a majority of the votes cast at a recall election shall be "No", that is, against the recall of the person named on the ballot, such person shall continue in office for the remainder of the unexpired term, subject to recall as before. If a majority of the votes cast at such an election be "Yes", that is, for the recall of the person named on the ballot, such person shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy be filled by the council as provided in this charter. Ordinance No. 1335-5-95 Page 18 AGG06C27 EXHIBIT "A" Sec. 9.10. Recall, restrictions thereon. No recall petition shall be filed against any officer of the City of Allen within three (3) months after such officer's election, nor within three (3) months after an election for such officer's recall. Sec. 9.11. Appeal. Should the city council fail or refuse to order an election as herein provided for the recall of a councilmember, when all the requirements for such election have been complied with by the petitioning citizens, in conformity with this Charter, then it shall be the duty of a court of appropriate jurisdiction, upon proper application being made therefor, to order such election and to enforce the carrying into effect of the provisions of the Charter. Sec. 9.13. Initiative. Qualified voters of the City of Allen may initiate legislation by submitting a petition addressed to the 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 thirty (30) percent of the number of votes cast at the last regular municipal election of the city, or one hundred and fifty (150), 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 this article, and shall be verified by oath in the manner and form provided for recall petitions in this article. The petition may consist of one or more copies as permitted for recall petitions. Such petition shall be filed with the city secretary. Within five (5) days after the filing of such petition, the city secretary shall present said petition and proposed ordinance or resolution to the council. Upon presentation to it, it shall become the duty of the 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 place such initiative on the ballot for election on the next uniform election date. Sec. 9.14. Referendum. Qualified voters of the City of Allen may require that any ordinance or resolution, with the exception of ordinances or resolutions appropriating money or levying taxes, passed by the council be submitted to the voters of the city for approval or disapproval, by submitting a petition for this purpose within thirty (30) days after final passage of said ordinance or resolution, or within thirty (30) days after its publication. Said petition shall be addressed, signed, and verified as required in this charter and shall be submitted to the city secretary. Immediately upon the filing of such petition, the city secretary shall present said petition to the council. Thereupon the Ordinance No. 1335-5-95 Page 19 AGG06C27 EXHIBIT "A" council shall immediately reconsider such ordinance or resolution and, if the council does not entirely repeal the same, shall submit it to popular vote as provided in this charter. Pending the holding of such election, each ordinance or resolution shall be suspended from taking effect and shall not later take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereof. Sec. 9.20. Ordinances passed by popular vote, repeal or amendment. No ordinance or resolution which may have been passed by the council upon a petition or adopted by popular vote under the provisions of this article shall be repealed or amended except by the council in response to a referendum petition or by submission as provided by this charter. ARTICLE X. MISCELLANEOUS PROVISIONS Sec. 10.02. Church and school property not exempt from special assessments. No property of any kind in the City of Allen, Texas, shall, except by law, be exempt from any of the special taxes and assessments authorized by this charter for local improvements. Sec. 10.03. Council may require bonds. In addition to any provisions contained herein, the council may require any city official, department director, or city employee, before entering upon their duties, to execute a good and sufficient bond with a surety company doing business in the State of Texas and approved by the council. Sec. 10.04. Nepotism. No person related within the second degree by affinity, or within the third degree by consanguinity to the mayor or any member of the city council shall be appointed to any office, position, or clerkship or other service of the city, except as allowed by state law. Sec. 10.05. Personal interest; conflict of interest. A. No officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city, nor shall be financially interested, directly or indirectly, in the sale Ordinance No. 1335-5-95 Page 20 AGG06C27 EXHIBIT "A" to the city of any land, or rights or interest in any land, materials, supplies or service except on behalf of the city as an officer or employee. Any knowing violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall be subject to removal from such office or position. Any violation of this section shall render the contract voidable at the discretion of the city council. B. No member of the City Council, the mayor, or any other officer, whether elected, appointed, paid or unpaid, who exercises responsibilities beyond those that are advisory in nature, shall participate in a vote or decision on a matter involving a business entity in which such officer has a substantial interest if it is reasonably foreseeable that an action on the matter would confer an economic benefit on the business entity. If the officer or a person related to the officer within the second degree of affinity or consanguinity has a substantial interest in the business entity that would be pecuniarily affected by an official action of the City Council, the officer, if a member of the City Council, shall file an affidavit with the city secretary stating the nature and extent of the interest and abstain from further participation in the matter. The terms used in this section shall be as defined in Chapter 171, Local Government Code, as amended. Sec. 10.08. Special provisions governing damage suits. Before the city shall be liable to damage claim or suit for personal injury, or damage to property, the person who is injured or whose property is damaged or someone in such person's behalf shall give the city manager, or the person performing the duties of city secretary, notice in writing within six (6) months after the occurrence of the alleged injury, or damage, stating specifically in such notice when, where, and how the injury or damage was sustained, and setting forth the extent of the injury or damage as accurately as possible. No action at law for damages shall be brought against the city for personal injury or damage to property prior to the expiration of thirty (30) days after the notice hereinbefore described has been filed with the city manager or the person performing the duties of city secretary, nor later than two (2) years after the occurrence of the injury or damage to property. In case of injuries resulting in death, before the city shall be liable in damages therefor, the person or persons claiming such damages shall, after the death of the injured persons, give notice as above required in case of personal injury. Provided, however, that nothing herein contained shall be construed to mean that the City of Allen 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. Sec. 10.09. Disaster clause. In case of disaster when a legal quorum of elected councilmembers cannot otherwise be assembled due to multiple deaths or injuries, the surviving member or members of the elected council, or highest surviving city official, if no elected official remains, must within twenty-four Ordinance No. 1335-5-95 Page 21 AGCMC27 EXHIBIT "A" (24) hours of such disaster, request the highest surviving officers of the local chamber of commerce and the board of trustees of the local school district, and the county judge of Collin County to appoint a commission to act during the emergency and call a city election within fifteen (15) days of such disaster for election of a required quorum, if for good reasons it is known that a quorum of the present council will never again meet. Sec. 10.10. Reserved. Sec. 10.13. Severability clause. If any section or part of this charter shall be held to be invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and in meaning and effect with the section or part to which such holding shall directly apply. Sec. 10.14. Reserved. Sec. 10.15. Reserved. Sec. 10.16. Rearrangement and renumbering. The Council shall have the power, by ordinance, to renumber and rearrange all Articles, Sections, and paragraphs of the Charter or any amendments thereto, as it shall deem appropriate." Ordinance No. 1335-5-95 page 22 AGG06C27 214 965 0010 05/19/95 09:15 NICHOLS JACKSON DILLARD HAGER... 4 CITY OF ALLEN NICHOLS, JACKSON, DILL ARD, HAGER & SMITH, L.L.P. NO.129 P002/002 LAWRENCE W. JACKSON Attorneys & Counselors at Law ,JOHN F ROEMM III ROBERT 0%WD III E.ER 1$00 Lincoln Plaza 500 North A�rard ROBERT L DILLARD. PETERERT G SMITHHAG SMITH r DAVID M. 8ERMAN Dallas, Texas 75201 JR. H LOUIS NICHOLS BRUCE A STOCKARO (214) 965_99 Of COUNSEL Fax (214) 965-0010 May 19, 1995 VIA FACSIMILE AND REGULAR MAIL RECEIVED Mr. Jon McCarty, City Manager MAY 19 1995 City of Allen One Butler Circle CITY OF ALLEN Allen, Texas 75002 CITY SECRETARY, Re: Allen City Charter Amendments Dear Jon: Please be advised that on May 17, 1995, the undersigned was contacted by Ms. Regina Anthony of the Voting Rights Section of the United States Department of Justice regarding the Allen Charter Amendments adopted by the voters on May 6, 1995. We are pleased to announce that after review of the Charter Amendments with Ms. Anthony, the City should expect a favorable response from the United States Department of Justice within the next two (2) weeks. In the meantime, the City can proceed with the adoption of the ordinance formally adopting the Charter Amendments. If the Department of Justice requests any further information, we will notify you accordingly. Thank you for your attention in this matter. Very truly yours, NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. By: _ _ Peter G. Smith 19 PGS/ct cc: Judy Morrison, City Secretary AGG06CB6 Statutory Documents P.O. Box 12887 Austin, Texas 78711-2887 (512) 463-5654 FAX (512) 463-0873 TDD (800) 735-2989 July 3, 1995 Antonio O. Garza, Jr. Office of the Secretary of State Ms. Judy Morrison, CMC City Secretary City of Allen One Butler Circle Allen, TX 75002-2773 RE: Amendments - Allen Dear Ms. Morrison, Secretary of State RECEIVED J U L 6 1995 CITY OF ALLEN CITY SECRETARY, This is to inform you that your documents were filed in this office on June 19, 1995. These documents were recorded in Book 52; pages 296 - 326 in the Book of City Charters and Amendments. Sincerely, Linda Stout Director Statutory Documents ST/ls Come visit our new home on the Internet ® hup://register.sos.tex.gov/ The Office of the Secretary of Stole dors not discriminate on the basis of race, color, national origin, sex, religion, age or disability in mWloyment or the provision of services. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance ;✓1335-5-95 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday May 24 & Saturday, May 27, 1995 and which was issued on Mav 24, 1995 by City D f Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. SUBSCRIBEDD S �®RNbefore me this day A.D. 19 /a-. NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee 3 22.50 V. A. TODD MY COMMISSION EXPiFES December 5, 1996 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, May 18, 1995 (Title only): Ordinance No. 1335-5-95: An Ordinance of the City of Allen, Texas, Declaring that amendments to the Home Rule Charter Voted on by the Voters of the City of Allen at an Election held on May 6, 1995, were Adopted and Approved as Amendments to the Home Rule Charter for the City of Allen, Texas; and Providing an Effective Date. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002-2773. /s/ Judy Morrison City Secretary CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, May 18, 1995 (Title only): Ordinance No. 1335-5-95: An Ordinance of the City of Allen, Texas, Declaring that amendments to the Home Rule Charter Voted on by the Voters of the City of Allen at an Election held on May Amendments to Adopted and Approved as the Home Rule Charter for the City of Allen, Texas; and Providing an Effective Date. A copy of this ordinance may be read or I purchased ( Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002-2773- /s/ Judy Morrison City Secre_t_ary