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O-2624-6-07ORDINANCE NO. 26246-07 ' 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 12, 2007; 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 12, 2007, 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 1-11 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 22, 2007. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Propositions 1-I 1 amending the Home Rule Charter, approved and adopted by the voters of ' the City of Allen, Collin County, Texas, in an election held on May 12, 2007, 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, Teat. 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 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 12TH DAY OF JUNE, 2007. APPROVED: S ph Ternll, MAYOR APPROVED AS TO FORM: ATTEST: 1 � �� < Peter G. Smith, CITY ATTORNEY Shelley B. Gearie, CITY SECRETARY MAYOR'S CERTIFICATE OF AUTHENTICATION ' Pursuant to TEx. LOC. Gov'T CODE ANN., Section 9.007, L 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. 2624-6-07 , adopted by the City Council of the City of Allen, Collin County, Texas, on the 12' day of June, 2007, 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 12, 2007. This certificate of authentication executed this 12' dayofJJune, 2007.����/,)(J'/) S e[ ph Terrell, MAYOR ATTEST: Shelley B. Georp&effY APPROVED AS TO FORM AND LEGALITY: ' Seal of the City of Allen, Collin County, Texas Ordinance No. 26246-07, Page 2 Peter�th, Ck Attorney Seal of the City of Allen, Collin County, Texas Ordinance No. 26246-07, Page 2 EXHIBIT "A" ARTICLE H. THE COUNCIL Sec. 2.04. Vacancies in the council. In the event a vacancy occurs in the office of Mayor or Councilmember, a special Pfop0S1tlon election shall be called for such purpose within 120 days after such vacancy occurs. 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 P1OPO"nO° 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 within 120 days after such vacancy occurs. Sec. 2.06. Powers. Except as otherwise provided by this charter, all powers of the city and the determination of all matters of policy shall be vested in the council. Without limitation of the foregoing powers of the council, the council shall also have the power to: (1) Appoint and remove the city manager. (2) Establish, consolidate, or abolish other administrative departments and distribute the work of divisions. (3) Adopt the budget of the city. (4) Authorize the issuance of bonds by a bond ordinance. (5) Inquire into the conduct of any office, department, or agency of the city and make investigations as to municipal affairs. (6) Appoint the members of the planning and zoning commission, the zoning board of adjustment and such other boards, commissions and directors to corporations P`OP°S1n°" s as may be authorized by state law. (7) Establish such advisory boards as deemed appropriate from time to time to assist rropw�aoa s the city council and the city manager in performing municipal functions and activities. (8) Adopt and modify the official map of the city. (9) Regulate and restrict the area, height, and number of stories of buildings and other structures, the size of yards and courts, the density of populations, and the location and use of buildings for trade, industry, business, residence, or other purpose, and adopt such other zoning regulations as may be authorized by law. (10) Adopt, modify and carry out plans proposed by the planning and zoning commission for the replanning, improvement, and redevelopment of neighborhoods and for the replanning, reconstruction, or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. (1 I) Provide an independent audit. (12) Appoint the city attorney, municipal judge and alternate municipal judge. Propositlan2 (13) Enact ordinances. ARTICLE III. THE CITY MANAGER Ordinance No. 2624-6-07, Page 3 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 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. (2) Prepare and submit to the council an annual budget and be responsible for its administration after adoption. (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 dories as may be prescribed by this charter or required by the council, not inconsistent with this charter. (6) Attend all regular meetings of the council with the right to take part in the discussions but having no vote. (7) Appoint and remove the city secretary subject to confirmation by the city council. Prapvra'a' z (8) The city council may, by ordinance, establish such advisory boards as it deems Proposiuw 5 appropriate to assist the council and the city manager in carrying out municipal functions and activities. ' Sec. 3.04. Absence of city manager. The city manager may, by letter filed with the city secretary, designate a qualified city Ro i ioa 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 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. Sec. 3.08. The city attorney, municipal judge, and alternate municipal judge. Proposition z The positions of 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. ' Sec. 3.09. The city secretary. Proposition 3 The city secretary shall give notice of and attend the council meetings, shall keep minutes of its proceedings, shall authenticate by signature and record all ordinances and resolutions in full, in a book kept for such purpose and preserve and keep all the books, records, papers, documents, and files of the city. The Ordinance No. 2624-6-07, Page 4 city secretary shall also perform such other duties as shall be required by this charter, the city council or by the city manager. IARTICLE VII. NOMINATIONS AND ELECTIONS Sec 7.01. Election. The regular city election shall be held on the uniform election date in May each year, at rmgrs;aon s 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. (Amendment of 5-6-1995) 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 ceuncihnember by filing an application for a place on PnO a1O" t 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 fee a petition signed by the minimum number of qualified voters prescribed by state law. 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. Persons who desire to be candidates must file in the above manner with the city rmposi�ioa9 ' secretary not earlier than ninety-two (92) days nor later than sixty-two (62) days before the election or such other time period as may be 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: "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." Signature: Date: Time: Received by: 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 three (3) year terms, except as provided for in this Charter to establish staggered terms of office, and shall serve until their successors are elected and qualified: ' (1) 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 the councihnember designated 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 terms of three (3) years. Commencing with the regular municipal Ordinance No. 2624-6-07, Page 5 election of 2003 councilmembers designated Place 1, Place 3, and Place 5 shall be 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 on the City Council. (3) In the event no candidate receives a majority of all the votes cast for all the candidates for an office, the council shall order a runoff election to be held not earlier than twenty (20) days nor later than forty-five (45) days after the final canvass of the regular Pfopas1°O"s election, or such other time period as may be prescribed by state law. (4) 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. ARTICLE UL INITIATIVE, REFERENDUM, AND RECALL Sec. 9.01. Scope of recall. The mayor and members of the city council shall be subject to recall and removal from Roposaion 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) percent 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. 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 olA - matters. and things with which the officer is charged. The petition shall contain in addition to the signature, the signer's printed time, 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 Teras County of Collin 1, , being first duly swom, 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 , 20 Ordinance No. 2624-6-07, Page 6 Signed Notary Public in and for Collin County, Texas" ' 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 not 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 to order an rropos;eon 9 election to be held on the next uniform election date or other date as allowed by law. See. 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. The petition shall be signed in the same manner as recall petitions are signed, t'roposmoa ro as provided in this article, and shall be verified by oath in the manner and form provided for recall petitions in this article 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 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. ARTICLE X. MISCELLANEOUS PROVISIONS ' Sec. 10.05. Personal interest; conflict of interest. 1 (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 to the city of any land, or rights or interest in any land, materials, supplies or service except on behalf of the city m an officer or employee. This provision does not prohibit an officer or employee of the city from purchasing city property at an auction conducted by a third party. Any knowing violation of P1Op041tlon r t 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, Texas Local Government Code, as amended. Ordinance No. 2624-6-07, Page 7