O-1941-5-01ORDINANCE NO. 1941-5-01
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ADOPTING THE AMENDMENTS TO THE HOME RULE
CHARTER APPROVED BY THE VOTERS OF THE CITY OF ALLEN AT AN
ELECTION HELD ON MAY 5, 2001; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council ordered that an election be held in the City of Allen, Collin County, Texas, on
May 5, 2001, for the purpose of adopting amendments to the Home Rule Charter of the City of Allen, Collin
County, Texas; 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, majority of the votes cast at said election were for the adoption of Propositions 1-10 amending
the Home Rule Charter of the City of Allen, Collin County, Texas; and,
WHEREAS, the City Council canvassed the results of the election on May 10, 2001.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Propositions 1-10 amending the Home Rule Charter, approved and adopted by the voters of
' the City of Allen, Collin County, Texas, in an election held for the purpose on May 5, 2001, a copy of which
is attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby declared to be an
amendment to the Home Rule Charter of the City of Allen, Collin County, Texas, to take effect immediately
from or after the passage of this Ordinance.
SECTION 2. 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 Section 9.007, TEX. LOC. GOVT CODE, the Mayor shall
certify to the Secretary of State of the State of Texas, an authenticated copy of this Ordinance and said
amendment to the Home Rule Charter under the seal of the City, showing the approval by the qualified voters
of the City of Allen, Collin County, Texas.
SECTION 3. This ordinance shall take effect immediately from and after its passage, as the law and charter
in such case provides.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 17TH DAY OF MAY, 2001.
APPROVER:
8
Stephen T rrell, MAYOR
' APPROVE D AS TO FORM: ATTEST:
a Q"�,�
Peter G. Smith, ATTORNEY Jn y Moon, CMC/AAE, CITY SECRETARY
MAYOR'S CERTIFICATE OF AUTHENTICATION
Pursuant to TEx. Loc. Gov'T CODE ANN., Section 9.007, I Stephen Terrell, Mayor of the City of
Allen, Collin County, Texas, hereby certify that the above and forgoing is a true and correct copy of the City
of Allen Ordinance No. /94/-S- ! , adopted by the City Council of the City of Allen, Collin
County, Texas, on the_Z2 �day of May, 2001, 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,
Collin County, Texas at an election held for that purpose on May 5, 2001.
This certificate of authentication executed this Pltt 4ay of May, 2001.
Stephen 1 etrell, MAYOR
ATTEST:
GoM l/ /LN?iC CITY
SE '
dy Mo son, CMC/AAE, C1TY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
'a
Peter G. Smith, City Attorney
Seal of the City of Allen, Collin County, Texas
Ordinance No. 1941-5-01 - Page 2
EXHIBIT "A"
' ARTICLE 11. THE COUNCIL
Sec. 2.15. Induction of council into office; meetings.
The first meeting of each newly elected council, for induction into office, shall be held
at the first regular meeting following its election, after which the council shall meet PROPOSITION 1
regularly at least once each month on a day and at a time established by resolution from
time to time. All regular meetings and all called special meetings of the council shall be PROPOSITION 2
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. 2.01. 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 three (3) years or until their successors have been PROPOSITION 8
elected and take office as provided in this charter.
Sec. 2.04. Vacancies in the council.
In the event a vacancy occurs in the office of Mayor or Councilmember, a special
election shall be held on the next election date authorized by the Texas Election Code that
' is at least 45 days after the vacancy occurs and that is on or after the 30°i day after the date
the election is ordered, for the purpose of filling the vacancy in accordance with state law.
All vacancies filled under this Section 2.01 shall be for the unexpired term of the office
filled.
PROPOSITION 3
ARTICLE III. THE CITY MANAGER
Sec. 3.04. Absence of city manager.
The city manager may, by letter filed with the city clerk, designate a qualified city PROPOSITION 4
employee to exercise the powers and perform the duties of city manager during the city
manager's temporary absence. To perform the duties of the city manager during an
absence or disability exceeding thirty (30) days, the council may by resolution appoint an PROPOSITION 5
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.
ARTICLE IV. BUDGET
Sec. 4.02. Preparation and submission of budget.
The city manager, prior to August 10 of each year, shall prepare and submit the
budget covering the next fiscal year to the council. In preparing this budget, each PROPOSITION 6
employee, officer, board and department shall assist the city manager by furnishing all
necessary information. The city manager's budget document shall contain:...
Ordinance No. 1941-5-01, Page 3
Sec. 4.05. Proceeding on adoption of budget.
After public hearing, the council shall analyze the budget, making any additions or
deletions which they feel appropriate; and shall, at least by the second City Council PROPOSITION 7
meeting in September prior to the beginning of the next fiscal yew, adopt the budget by a
favorable majority vote of all members of the council.
ARTICLE VII. NOMINATIONS AND ELECTIONS
Sec. 7.04. Number, selection, term of council.
The council shall be composed of a Mayor and six (6) councilmembers, who shall he
elected for three (3) year terms, except as provided for in this Charter to establish PROPOSITION 8
staggered terms of office, and shall serve until their successors are elected and qualified:
(1) Commencing with the regular municipal election of 2002 councils mbers
designated Place 4 and Place 6 shall be elected for a term of two (2) years, and the
councilmember designated Place 2 and the Mayor shall be elected for terms of
three (3) years. Thereafter councilmembers fm Place 4 and Place 6 shall be
elected for terms of three (3) years. Commencing with the regular municipal
election of 2003 councilmembers designated Place 1, Place 3, and Place 5 shall be PROPOSITION 8
elected for a term of three (3) years.
(2) The candidate for Mayor who receives the majority of valid votes by qualified
voters at the election shall be declared elected. The candidates for election to the
places for councilmembers who receive the majority of votes cast for each place,
by the qualified voters at the election, shall be declared elected. Councilmembers
will run for office and will be elected to office by place an the City Council.
(3) hi the event no candidate receives a majority of all the votes cast for all the PROPOSITION 8
candidates for an office, 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.
(4) All elections shall be held in accordance with the election laws of the State of
Texas and the provisions of this charter.
PROPOSITION 8
(5) Should the Mayor, a member of the City Council many appointed member of a
council -appointed commission, committee or study group become a candidate for
any elective public office other than the office presently held, such candidacy
shall constitute an automatic resignation of such office.
PROPOSITION 8
Sec. 7.08. Conducting and canvassing elections.
Returns of all municipal elections, both general and special, shall be made in
accordance with the Texas Election Code, at which time the council shall canvass the PROPOSITION 9
votes, declare the results of such election, with notification of election to the candidate
elected.
Ordinance No. 1941-5-01, Page 4
ARTICLE X. MISCELLANEOUS PROVISIONS
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
compensated office, position, or clerkship or other service of the city. This provision
however shall not apply to a person who shall have been continuously employed or PROPOSITION 10
appointed to any such office, clerkship or position for at least six (6) months prior to the
election of the related member of the City Council.
Ordinance No. 1941-5-01, Page 5
ORDINANCE NO. 61
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ADOPTING THE AMENDMENT TO THE HOME RULE
CHARTER APPROVED BY THE VOTERS OF THE CITY OF ALLEN AT AN
ELECTION HELD ON MAY 5, 2001; AND PROVIDING FOR AN EFFECTIVE
DATE.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE I-IV- DAY OF , 2001.
APPROVED:
Stephen TUrrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, C4TY ATTORNEY Judy Mo 'son, CMC/AAE, CITY SECRETARY
Ordinance No. 1941-5-01, Page 6