The URL can be used to link to this page

Home My WebLink AboutR-1333-5-95RESOLUTION NO. 1333-5-95(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DECLARING THE RESULTS OF THE GENERAL AND SPECIAL ELECTION OF THE CITY OF ALLEN HELD MAY 6, 1995 FOR CITY COUNCIL - MEMBERS AND PROPOSED AMENDMENTS TO THE HOME RULE CITY CHARTER. WHEREAS, it is hereby found and determined that notice of the election was duly given in the form, manner and time required by law, and said election was in all respects legally held and conducted in accordance with applicable laws of the State of Texas and the proceedings calling and governing the holding of such election; and, WHEREAS, it is imperative to consider the returns of an election held on the 6th day of May, 1995, for the purpose of electing the hereinafter named officials, and consider returns of propositions for the issuance of amendments to the Home Rule City Charter; and, WHEREAS, the returns of said election have been duly and legally made and submitted to the City Council for canvassing, and a tabulation of the returns for the polling place and for early voting, as canvassed and tabulated by this governing body as follows: EARLY VOTES CAST COUNCILMEMBER PLACE NO. 1 KEVIN L. LILLY 490 COUNCILMEMBER PLACE NO. 3 STEVE ALLEN 328 DOUG GALLAGHER 344 COUNCILMEMBER PLACE NO. 5 STEVE TERRELL 471 REGULAR VOTES TOTAL VOTES CAST CAST 610 1100 379 707 469 813 597 1068 PROPOSITION NO. 1 - Shall Sections 1.01, 1.01A and 1.01B of the Allen City Charter be amended to provide that the original incorporation of the City and the subsequent annexation and disannexation be established by an official map of the City; and to provide the City with the same authority to annex and disannex in accordance with the laws of the State of Texas applicable to home rule cities. "FOR" 583 742 1325 "AGAINST" 89 85 174 PROPOSITION NO. 2 - Shall Sections 2.02, 2.05, 2.10, 2.11, 2.14, 2.18 and 7.04(7) of the Allen City Charter be amended to clarify the language regarding City Council qualifications, filling a vacancy for Mayor, the Council powers of appointment, inquiry and investigation, recording of the minutes of meetings, and holding more than one elected office. "FOR" 581 748 1329 "AGAINST" 87 88 175 PROPOSITION NO. 3 - Shall Section 3.02(3) of the Allen City Charter be amended to clarify the duties of the City Manager to provide a financial report at the end of each fiscal year. "FOR" 632 815 1447 "AGAINST" 66 37' 103 PROPOSITION NO. 4 - Shall Section 2.12 be deleted and Section 3.05 of the Allen City Charter be amended to permit the City Council to establish such administrative departments as are necessary to provide for the public safety, public works, recreation, library, finance, and other service and administrative functions; and to establish such advisory boards as are necessary to assist in carrying out municipal functions and activities. "FOR" 523 655 1178 "AGAINST" 157 180 337 PROPOSITION NO. 5 - Shall Section 4.02(3) of the Allen City Charter be amended to clarify the detail of the contents of the City budget. "FOR" 639 794 1433 "AGAINST" 52 39 91 PROPOSITION NO. 6 - Shall Section 7.03 of the Allen City Charter be amended to clarify language, improve the grammar, and to conform with state law to provide a person may become a candidate for election to the City Council by filing an application with the City Secretary or a petition meeting the requirements of the Texas Election Code accompanied by a filing fee set by ordinance. "FOR" 627 776 1403 "AGAINST" 60 59 119 Resolution No. 1333-5-95(R) Page 2 PROPOSITION NO. 7 - Shall Section 8.03 of the Allen City Charter be amended to clarify that the City may not purchase a public utility without voter approval. "FOR" 641 801 1442 "AGAINST" 52 46 98 PROPOSITION NO. 8 - Shall Section 8.04(c) of the Allen City Charter be amended to provide that an ordinance granting a franchise must be approved by the City Council at three (3) regular meetings of the City Council. "FOR" 561 667 1228 "AGAINST" 107 154 261 PROPOSITION NO. 9 - Shall Section 9.11 of the Allen City Charter be amended to clarify language with respect to the authority of a court of appropriate jurisdiction to order an election if the City Council fails or refuses to order an election following a successful petition for recall of councihnembers. "FOR" 604 761 1365 "AGAINST" 60 52 112 PROPOSITION NO. 10 - Shall Section 5.04 of the Allen City Charter be amended to provide that the bond register shall be kept by the City Finance Director. "FOR" 588 721 1309 "AGAINST" 73 61 134 PROPOSITION NO. 11 - Shall Section 10.05 of the Allen City Charter be amended to clarify the language to prohibit an officer or employee of the City from having a direct or indirect financial interest in any contract with the City, or in any sale to the City of any land, materials, supplies, or services to the City, to provide for the removal from office for such a violation, and to add a new subsection to adopt state law regulating conflict of interests of local public officials. "FOR" 620 788 1408 "AGAINST" 56 43 99 Resolution No. 1333-5-95(R) Page 3 PROPOSITION NO. 12 - Shall Section 10.08 of the Allen City Charter be amended to require that a person must notify the City of a claim against the City within six (6) months of an occurrence causing damages or injury, in accordance with state law. "FOR" 598 729 1327 "AGAINST" 86 111 197 PROPOSITION NO. 13 - Shall the Allen City Charter be amended to conform with state law with respect to elections, municipal court, revenue bonds, municipal judges, boards and commissions, city council meetings, special assessments, tax assessor -collector, assessment and collection of taxes and nepotism by amending the following sections and paragraphs: 1.02, 2.04, 2.06, 2.09, 2.13, 2.14, 2.15, 3.08, 5.02, 6.01-6.20, 7.01, 7.02, 7.04(5), 7.06, 7.07, 7.08, 9.07, 9.13, 10.02 and 10.04. "FOR" 614 753 1367 "AGAINST" 67 60 127 PROPOSITION NO. 14 - Shall the Allen City Charter be amended to delete obsolete references to charter and state law by amending the following sections and paragraphs: 1.03B, 8.01 and 8.02. "FOR" 580 732 1312 "AGAINST" 92 69 161 PROPOSITION NO. 15 - Shall the Allen City Charter be amended to delete obsolete and redundant provisions of the charter without malting substantive change by amending the following sections and paragraphs: 2.01, 2.16, 2.17, 7.04(1) and (2), 9.14, 9.20, 10.10, 10.14 and 10.15. "FOR" 586 731 1317 "AGAINST" 85 77 162 PROPOSITION NO. 16 - Shall the Allen City Charter be amended to clarify language without malting substantive change, improve the grammar, and eliminate gender references by making the charter gender neutral, by amending the following sections and paragraphs: 2.01, 2.03, 2.05, 2.07, 2.08, 2.10, 2.16, 3.01, 3.02, 3.03, 3.04, 3.08, 7.04, 7.04(3), 7.04(4), 7.04(6), 7.09, 9.01, 9.02, 9.03, 9.04, 9.06, 9.09, 9.10, 10.03, 10.08, 10.09 and 10.13. "FOR" 571 672 1243 "AGAINST" 101 136 237 Resolution No. 1333-5-95(R) Page 4 PROPOSITION NO. 17 - Shall the Allen City Charter be amended to add Section 10.16 to permit the City Council, by ordinance, to renumber and rearrange all articles, sections and paragraphs of the Charter or any amendments thereto, as it shall deem appropriate. "FOR" 548 662 1210 "AGAINST" 126 139 265 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: Said election was duly called, that notice of said election was given in accordance with law, and that said election was held in accordance with law, and that Kevin L. Lilly was duly elected Councilmember, Place No. 1, that Doug Gallagher was duly elected Councilmember, Place No. 3, and that Steve Terrell was duly elected Councilmember, Place No. 5. Above named parties are hereby declared duly elected to those respective offices, subject to the taking of their oaths as provided by the laws of the State of Texas. SECTION 2: It is determined that the Proposition Nos. 1-17 allowing for amendments by a majority of the qualified voters shall become a part of the City of Allen Home Rule Charter. SECTION 3: It is further found and determined that in accordance with the order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 11TH DAY OF -MAY, 1995. APPROVED: �P Joe Farmer, MAYOR 1P ATTEST: J y Mor 'son, CMC, CITY SECRETARY Resolution No. 1333-5-95(R) Page 5 0 Statutory Documents l �' on Antio O. P.O. Box 12887 ]C Garza, Jr. Austin, Texas 78711-2887 t`' Secretary of State (512) 463-5654 FAX (512) 463-0873 TDD (800) 735-2989 Office of the Secretary of State July 3, 1995 RECEIVED Ms. Judy Morrison, CMC City Secretary City of Allen One Butler Circle Allen, TX 75002-2773 RE: Amendments - Allen Dear Ms. Morrison, JUL 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 ® http://register.sos.tex.gov/ The Office of the Secretary of Srate does not discriminate on the basis of rate, color, national origin, ses, religion, age or disability in employment or the provision of services.