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O-3305-5-15ORDINANCE NO. 3305-5-15 ,. 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 9, 2015; 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 9, 2015, 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 1-20 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 19, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Propositions 1-20 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 9, 2015, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby declared to be amendments 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. In accordance with Section 1 of this Ordinance, the Articles, Sections, Subsections, and Paragraphs of the Home Rule Charter of the City of Farmers Branch, Texas, set forth in Exhibit "A," attached hereto shall be amended to read as set forth in Exhibit "A" attached hereto. SECTION 3. 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. Gov'T 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 4. This ordinance shall take effect immediately from and after its passage, as the law and charter in such case provides. L DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 267" DAY OF MAY 2015. 1 APPROVED AS TO FORM: Peter G. Smith, ciTT ATTORNEY (PGS 5.22-15 TM 71535) 1 APPROVED: e&Q - SiephenTeifell, MAYOR ATTEST: Shelley B. George,C, CITY SE ARY Ordinance No. 3305-5-15, Page 2 MAYOR'S CERTIFICATE OF AUTHENTICATION ' Pursuant to TEX. LOC. GOVT 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. 3305-5-15 adopted by the City Council of the City of Allen, Collin County, Texas, on the 26° day of May, 2015, 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 9, 2015. This certificate of authentication executed this 261h day of May, 2015. Stephen Terrell, MAYOR � 1:11111*1IR ShelleyB. C, CITY SE TARY APPROVED AS TO FORM AND LEGALITY: NeTer G. Smith, Cify Attorney Seal of the City of Allen, Collin County, Texas Ordinance No. 3305-5-15, Page 3 EXHIBIT "A" ' Sec. 2.02. Qualifications. The members of the council shall be qualified voters of the City of Allen for at least six (6) months at the time of filing 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. 2.04. Vacancies in the council. In the event a vacancy occurs in the office of Mayor or Councilmember, a special election shall be called for such purpose in accordance with the Texas Constitution; however, a vacancy may be filled by appointment if the vacancy is created in an unexpired tens having twelve (12) months or less remaining thereupon. The councilmember thus elected or appointed shall serve for the unexpired portion of the term of the vacated position. 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. A vacancy in the office of mayor must be filled by a majority vote of the qualified voters at a special election called for such purpose in accordance with the Texas Constitution; however, a vacancy may be filled by appointment if the vacancy is created in an unexpired term having twelve (12) months or less remaining thereupon. The mayor thus elected or appointed shall serve for the unexpired portion of the term of the vacated position. 1 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 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 he 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 posting notice of that meeting in accordance with state law. Ordinance No. 3305-5-15, Page 4 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. 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 (1) time or considered at more than one (1) 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. 2.18. Minutes. The council shall keep minutes of its meetings which 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. ' Sec. 2.19. Rules of procedure; legal quorum. 1 The city council shall determine its own rules of procedure and may compel the attendance of its members. Four -sevenths of the qualified members of the city council shall constitute a quorum to do business and the affirmative vote of a majority of those present shall be necessary to adopt any ordinance or resolution. The vote upon the passage of all ordinances and resolutions shall be taken and entered upon the minutes, and every ordinance or resolution, upon its final passage, shall be recorded in a book kept for that purpose under full caption, and shall be authenticated by the signature of the presiding officer and the person performing the duties of the city secretary. Sec. 4.04. Public hearing on budget. At the council meeting at which time the budget is submitted, the council shall name a date and place of a public hearing and shall cause to be published in the official newspaper of the city the time and place, which shall not be less than five (5) days nor more than fifteen (15) days after the date of notice or as otherwise required by state law. No other business may be conducted at this hearing. Interested citizens may express their opinions concerning items of expenditure, giving thew reasons for wishing to increase or decrease any items of expense. Ordinance No. 3305-5-15, Page 5 Sec. 4.09. Certification; copies made available. ' A copy of the budget, as finally adopted, shall be filed with the city secretary, the county clerk of Collin County, the state comptroller of public accounts at Austin, Texas, and at the Allen Public Library. The final budget shall be printed or otherwise reproduced and sufficient copies shall be made available for the use of all offices, agencies, and for the use of interested persons and civic organizations. Sec. 6.03. - Method of payment and penalties. Except as otherwise provided by state law, taxes are due on receipt of the tax bill and are delinquent if not paid before February 1 of the year following the year in which imposed. The city council may by ordinance provide for penalty and interest to be assessed on all delinquent taxes in such amounts as may be authorized by law. 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 councihnember by filing an application for a place on the ballot with the city secretary and payment of a filing fee set by the City Council by ordinance, or as an alternative to the payment of a filing fce a petition for a place on the ballot which is signed by the minimum number of qualified voters prescribed by the Texas Election Code. 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. To be entitled to a place on the list of write-in candidates, a candidate must make a declaration of write-in candidacy. A declaration of write-in candidacy must be filed with the City Secretary in accordance with the filing period as set forth by the Texas Election Code. A declaration of write-in candidacy, in addition to satisfying the requirements for an application for a place on the ballot, shall be accompanied by a filing fee set by the city council by ordinance, or in lieu of the filing fee, a petition for a place on the ballot that satisfies the requirements prescribed for a petition for a place on the ballot by this Charter and the Texas Election Code. 1 Persons who desire to be candidates must file in the above manner with the city secretary in accordance with the filing period prescribed by state law. 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 time in nomination or have been placed in nomination by petition shall take the following oath: Ordinance No. 3305-5-15, Page 6 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, have been a qualified voter of the City of Allen for at least six (6) months as of the time of filing, and, at the time of election, will have been 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." Signature Date: Time: Received by: City Secretary Sec. 8.04. Franchises. (A) The right to control easement, use, and ownership and title to the city's streets, highways, public thoroughfares, and property of the city, its avenues, parks, bridges, and all other public places and property, are hereby declared to be inalienable except by ordinance, duly passed by a majority of all members of the city council, and no grant of any franchise, lease, or right to use the same either on, through, along, across, under, or over the same, by any private corporation, firm, or individual shall be granted by the city council for a longer period than thirty (30) years unless submitted to the vote of the legally qualified voters of the City of Allen, provided, however, that when any application is made for any grant of franchise, lease, right, or privilege by any person or corporation, if requested by the applicant, the city council shall submit it, at an election called for that purpose, the expense of which shall be borne by the applicant, and if a majority of the votes cast at said election shall be in favor of making the grant as applied for, said grant shall be made for a term of years as specified in the ordinance calling said election. (B) The city council may of its own motion, submit all of such applications to an election at which the people shall vote upon the propositions therein submitted, the expense of such election in all cases to be home by the applicant. (C) Every such franchise or grant shall make adequate provision, by way of forfeiture of the grant or otherwise, to secure efficiency of public service at reasonable rates and to maintain the property devoted to the public service in good repair throughout the term of grant of said franchise. (D) No franchise granted after adoption of this charter shall ever be exclusive. (E) The city council may prescribe the forms and methods of the keeping of accounts of any grantees under franchise, provided that the forms and methods of keeping such accounts have not already been prescribed by a state or federal agency. 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 ten (10) percent of the total number of registered voters of the city appearing on the list of registered voters issued by the Collin County Elections Administrator as of the date of the last general election for city officers. Signers of such recall petitions shall personally sign their names thereto in ink or indelible pencil. Ordinance No. 3305-5-15, Page 7 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 petition shall contain in addition to the signature, the signer's printed name, the signer's date of birth or voter's registration number, the signer's residence address and the date of signing. 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. Signed Sworn and subscribed before me this day of 20_ Signed Notary Public, State of Texas" Sec. 9.05. Presentation of petition to the council. Within fifteen (15) business days after the date of the filing of the papers constituting the recall petition, the city secretary shall present such petition to the city council of the City of Allen. Sec. 9.10. Recall, restrictions thereon. No recall petition shall be filed against any officer of the City of Allen within six (6) months after such officer's election, nor within six (6) months after an election for such officer's recall. 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 ten (10) percent of the total number of registered voters of the City of Allen appearing on the list of registered voters issued by Collin County Elections Administrator as of the date of the last general election for city officers, 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 m permitted for recall petitions. Such petition ' shall be filed with the city secretary. Within fifteen (15) business 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 sit 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. Ordinance No. 3305.5-15, Page 8