O-1914-1-01ORDINANCE NO. 1914-1-01
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ORDERING A JOINT ELECTION TO BE HELD ON MAY 5,
2001, FOR THE PURPOSE OF ELECTING CITY COUNCH.MEMBERS FOR
PLACE NOS. 1, 3, AND 5; ORDERING AN ELECTION ON PROPOSED
AMENDMENTS FOR THE HOME RULE CHARTER OF THE CITY OF ALLEN
FOR MAY 5, 2001; PROVIDING FOR THE PUBLICATION AND POSTING OF
NOTICE; PROPOSING AMENDMENTS TO THE HOME RULE CHARTER OF
THE CITY OF ALLEN; PROVIDING FOR EARLY VOTING; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has reviewed the Home Rule City Charter of the City of Allen to determine
the necessity for any amendments thereto; and,
WHEREAS, the City Council desires to conduct an election on proposed amendments in conjunction with
the election for City Councilmembers on May 5, 2001.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. An election is hereby ordered to be held jointly with the Allen Independent School District
on Saturday, May 5, 2001, for the purpose of electing three (3) City Councihmembers to fill the following
expiring terms on the Allen City Council: Place No. 1, Place No. 3, and Place No. 5, each such term being for
a period of two (2) years.
SECTION 2. The hereinafter proposed amendments to the Home Rule Charter of the City of Allen, Collin
County, Texas, contained in Exhibit "A" attached hereto and made a part of this Ordinance for all purposes
shall be submitted to the City's qualified voters for their approval or disapproval at a joint election to be held
concurrently with the regular City election for City Councilmembers on Saturday, May 5, 2001.
SECTION 3. The notice of the charter election shall be posted on the bulletin board used to publish notice
of the City Council meeting, be published in a newspaper of general circulation published in the City and
most include a substantial copy of the proposed amendments. Said nonce must be published on the same day
in each of two successive weeks, with the fust publication occurring before the fourteenth day before the date
of the election. A copy of the published notice that contains the name of the newspaper and the date of
publication shall be retained as a record of such notice, and the person posting the notice shall make a record
of the time of posting, starting date, and the place of posting, which shall be the bulletin board used to post
notice of City Council meetings.
SECTION 4. The election on the proposed charter amendments shall be conducted in accordance with the
Joint Election Agreement, attached as Exhibit "B," between the City of Allen, Allen Independent School
District and the Elections Administrator of Collin County for the joint election on May 5, 2001. The Mayor
is hereby authorized to execute a Joint Election Agreement with the Elections Administrator of Collin
County for the Joint Election on May 5, 2001. The Mayor shall have further authority to approve any minor
' modifications as may be necessary in the best interest of the City.
SECTION 5. The voting hours for Election Day on May 5, 2001, will be from 7:00 a.m. to 7:00 p.m. in
City Hall at One Allen Civic Plaza, Allen, Texas 75013.
SECTION 6. The early voting by personal appearance shall be conducted in the City Hall located at One
Allen Civic Plaza, Allen, Texas 75013 on weekdays, beginning Wednesday, April 18, 2001, and continuing
' through Tuesday, May 1, 2001, between the hours of 8:00 a.m. and 5:00 p.m.; Thursday, April 26, 2001,
between the hours of 8:00 a.m. and 7:00 p.m.; and Saturday, April 28, 2001, between the hours of 8:00 a.m.
and 5:00 p.m. Any qualified voter for the Joint Election may vote early by personal appearance at either the
main early voting location or at any of the branch locations on the dates and at the times and locations
identified in Exhibit "B." Applications for ballot by mail shall be received and processed by the Collin
County Elections Adnumstrator, 920 East Park, Suite 120, Plano, Texas 75074. Applications for ballots by
mail must be received no later than the close of business on April 27, 2001.
SECTION 7. The City Secretary is hereby authorized and directed to publish and/or post, in the time and
manner prescribed by law, all notices required to be so published and/or posted in connection with the
conduct of the election. The Collin County Election contract shall designate the election judges for this joint
election.
SECTIONS. Pursuant to the Joint Election Agreement, Elections Administrator of Collin County shall
serve as Elections Administrator for the election. Presiding Election Judges and an Alternate Presiding
Election Judge appointed to serve at said polling places and the early voting clerk and deputy early voting
clerks shall be those election officials furnished by the Elections Administrator from the list of proposed
election judges listed in an attachment to the agreement.
SECTION 9. Each charter amendment submitted must contain only one subject, and the ballot shall be
prepared in a manner that the voters may vote "for" or "against" on any amendment or amendments without
voting "for" or "against" on all of said amendments. Each such proposed amendment, if approved by the
majority of the qualified voters voting at said election, shall become a part of the Home Rule City Charter of
the City of Allen, Texas.
SECTION 10. The ballot propositions for the proposed amendments to the Home Rule City Charter are as
follows:
"PROPOSITION I
Shall Article 11, Section 2.15 of the Allen City Charter be amended to comply with
state law to provide that the induction of newly elected members to the City Council be held
at the first regular meeting following such election.
PROPOSITION 2
Shall Article H, Section 2.15 of the Allen City Charter be amended to provide that
the City Council conduct at least one meeting each month on a day and at a time established
by resolution of the City Council.
PROPOSITION 3
Shall Article E, Section 2.04 of the Allen City Charter be amended to fill vacancies
on the City Council in accordance with state law.
' PROPOSITION 4
Shall Article III, Section 3.04 of the Allen City Charter be amended to allow the City
Manager to designate an employee of the City to act for the City Manager during periods of
temporary absence.
Ordinance No. 1914.1-01. Page 2
PROPOSITION 5
Shall Article III, Section 3.04 of the Allen City Charter be amended to allow the City
Council to appoint a person to perform the duties of the City Manager during periods of
absence and disability exceeding thirty (30) days.
PROPOSITION 6
Shall the first sentence of Article IV, Section 4.02 of the Allen City Charter be
amended to change the date by which the City Manager shall submit the City budget to the
City Council from August 1 to August 10 of each year to be consistent with state law.
PROPOSITION 7
Shall Article IV, Section 4.05 of the Allen City Charter be amended to require the
City Council to approve the City budget by the 2' City Council meeting in the month of
September of each year prior to the beginning of the next fiscal year, as allowed by state law.
PROPOSITION 8
Shall Article II, Section 2.01 and Article VII, Section 7.04 of the Allen City Charter
be amended to increase the terms of office for Mayor and Council members from two (2) to
three (3) years, begirmmg with the regular municipal election for May 2002
PROPOSITION 9
' Shall Article VII, Section 7.08 of the Allen City Charter be amended to comply with
state law to provide that the canvass of all municipal elections be in accordance with the
Texas Election Code.
I�[ZU YabYYY(al�f[0
Shall Article X, Section 10.04 of the Allen City Charter be amended to be consistent
with state law to provide that 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 be
appointed to any compensated position of the City."
SECTION 11. This ordinance shall take effect immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, and it is accordmgly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 18rn DAY OF JANUARY, 2001.
APPROVED:
DLO
Stephen Terrell, MAYOR
APPROVED AS /TO�F�O'�R�M: �ATTEST:
/ : O/On a l &d 1
G. SmithX-ITY ATTORNEY JAy Moiloson, CMC/AAE, CITY SECRETARY
Ordinance No. 1914-1-01, Page 3
11
[1
EXHIBIT"A"
ARTICLE H. TBE 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 afl the fi—t Thursday ne at the first regular meetime following its election, after PROPOSITION
which the council shall meet regularly on lh� fist md third Th _..a..,... -Oat least once
each month on a day and at a time established by resolution from time to time. All PROPOSITION
regular meetings and all called special meetings of the council shall be open to the public,
except as authonzed 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)
councdmembers, elected by numbered place from the city at large in the manner provided
in this charter, for staggered terms of twe-thr e (32) years or until their successors have PROPOSITION
been elected and take office as provided in this charter.
Sec. 2.04. Vacancies in the council.
or lore vacancies exist, a spesial eleetion shall be ofdffed to All the f.�
.J .lest:., shall be efdpF-d to fill thle ..
a.L .. :..1 ..L..,t..�..t..n L..
.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" 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.
ARTICLE 1II. THE CITY MANAGER
Sec. 3.04. Absence of city manager.
The city manager may by letter filed with the city clerk designate a qualified ciri
employee to exermse the powers and perform the duties of city manager during the ciri
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
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.
Ordinance No. 1914-1-01, Page 4
PROPOSITION
PROPOS£fION �l
PROPOSTTION IIDL
[I
ARTICLE IV. BUDGET
See. 4.02. Preparation and submission of budget.
The city manager, print 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:...
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 ten'lR.,z,g) da;ysbv the second City PROPOSITION
Council meeting in September prior to the beginning of the next fiscal year, 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 be
..A sei. .. :- the fall .......... .........e e
elected for twe-tivee �3;z) yew terms, - xcept as PROPOSITION
provided for in this Charter to establish staggered terms of office, and shall serve until
thea successors are elected and Qualified:
(1) The Mayef and ethef aneenb� a� the sHwip'l Ag" be elected from the eity at
1..-.-.. 0.-- t...- ..e" ta Mayor and a elme...bers f /.
r plaaes O A on
shallbe teal ee-...a0h Le -ed YeaF and - .a..-e:lmb ffs fff
Commencing with the regular municipal election of 2002 councilmembers
designated Place 4 and Place 6 shall be elected for a term of two (2) years, and PROPOSITION
the councilmember desia_mated Place 2 and the Mayor shall be elected for terms of
three (3) years. Thereafter councilmembers for Place 4 and Place 6 shall be
elected for terns of three (3) years. Commencing with the regular municipal
election of 2003 councilmembers desi mL aced fiPlaces 1, Place 3, and Place 5 shall
be elected for a term of three (3) vears.ffl 8dd numbered years.
(2) The candidate for Mayor who receives the `igar—"ori of valid votes
by qualified voters at the election shall be declared elected. The candidates for
any -election to the places fore€ the - ` -u-`—credo-- ouncilmembers PROPOSITION
whooesitions-shall be d.-elwed e e tea, if .,uoh person receives the highest
wainbeimajorily of votes cast for each place by the Qualified voters at the
election, shall be declared electedthat--pesitton-ei4y. Couneilmembers will run
for office and will be elected to office by place on the City Council.
(3) In ee..e _v., t:_ w4p As to _-.two "` „-.___eIn the event no candidates receives a
majority of all the votes cast for all the candidates for an office, the council shall PROPOSITION
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. 1914-1-01, Page 5
(4) The Mayor and ,,aels __ ....i'm .- bsF .a elpsted ..,._ , hold office for .. period of PROPOSITION
...24 . __-_ __a _.:, the _ s el0eted OF .,..tai fieri. All elections shall be
' held in accordance with the election laws of the State of Texas and the provisions
of this charter.
(5) 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 presently held, such candidacy
shall constitute an automatic resignation of such office.
Sec. 7.08. Conducting and canvassing elections.
Returns of all municipal elections, both general and special, shall be made notearlier
than the ..... end day e- late_ .,.__ the sint,, day a fteF the eleationin accordance with the PROPOSITION
Texas Election Code, at which time the council shall canvass the votes, declare the results
of such election, with notification of election to the candidate elected.
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.,
"--'
P P ty.^�
' by -state -law- This provision however shall not amply to a person who shall have been
continuously er ployed or appointed to anv such office, clerkship or position for at leas[
six (6) months prior to the election of the related member of the City Council.
Ordinance No. 1914-1-01, Page 6
PROPOSITION )�0