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HomeMy WebLinkAbout2003-2659 - Ordinance - 08/28/2003ORDINANCE NO. 2659 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, PROPOSING AMENDMENTS TO THE CITY CHARTER; CALLING AN ELECTION ON SAID ISSUES; PROVIDING FOR PROCEDURES RELATING TO THE CONDUCT OF SAID ELECTION; CALLING AN ELECTION ON SAID ISSUES; PROVIDING FOR PUBLIC NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of College Station hereby calls a special election to allow the voters to determine whether the Charter should be changed as hereinafter set out below; and WHEREAS, Section 9.004 of the LOCAL GOVERNMENT CODE, provides that a Charter election shall be held on or thirty (30) days after the passage of this Ordinance calling for Charter Amendment; and, WHEREAS, Section 41.001 (a) of the ELECTION CODE provides that the next earliest time for the Charter election is the first Tuesday after the first Monday in November, the same being November 4, 2003; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS' PART 1- That a special election is hereby ordered to be held within the jurisdiction of the City of College Station, Texas, on the 4th day of November, 2003, pursuant to the laws of the State of Texas and the Charter of the City of College Station, Texas. Such election shall be held for the purpose of amending the College Station City Charter. PART 2' That there shall be one ballot that contains all appropriate propositions available for qualified voters. PART 3' That said election shall be held in accordance with the Constitution and laws of the State of Texas and the City Charter, and all duly qualified voters of the City of College Station shall be entitled to vote; provided, however, that no voter shall be given a ballot containing any proposition on which the voter is ineligible to vote. o/group/legal/ordinances/2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 2 PART 4: That the implementation and management of said election shall be by the City Secretary, City of College Station. The City Secretary, City of College Station, is hereby designated as the Chief Election Official and Early Voting Clerk of the election to be held on November 4, 2003. The implementation, conduct and management of the election shall include, but not be limited to' A. The securing of qualified individuals to serve as election judges for each polling place within a voting precinct. Bo The securing of locations and facilities where the election is to be conducted. C. The securing of election materials and supplies requisite to the proper administration of the election, and the programming and preparation of direct recording voting equipment to be used in the election. De The securing of a contract with Texas Voting Systems, Inc., for election services and supplies. PART 5' The City Secretary is hereby responsible for any necessary submissions to the U.S. Department of Justice for preclearance under the Federal Voting Rights Act. PART 6: Said election shall be held in the following election precincts and voting shall be conducted at the polling places shown below: o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 3 BRAZOS COUNTY PRECINCTS City Precincts 9, 10A, 1 OB, 20, 21, 24, 34 8, 02C, 31, 32, 33, 35A, 35B, 72, 74 02B, 39, 80 40 41, 68 Polling Places College Station City Hall 1101 Texas Avenue College Station Public Library 1818 Harvey Mitchell Parkway South Rock Prairie Elementary School 3400 Welsh Aldersgate Methodist Church 2201 Earl Rudder Freeway South Pebble Creek Elementary School 200 Parkview PART 7: Early voting shall be conducted by personal appearance and by mail. The period for early voting shall be October 20, 2003, through October 31, 2003. Applications for ballot by mail shall be available beginning September 15, 2003, and last day to receive an application by mail is October 28, 2003. The Early Voting Clerk for said election shall be the City Secretary. She shall appoint city employees and additional qualified individuals of the community to serve as deputy early voting clerks to assist her at the early voting polling place. o/group/legal/ordinances/2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 4 Main Early Voting Location: Branch Early Voting Location: College Station City Hall 1101 Texas Avenue College Station, Texas 8:00 a.m. to 5:00 p.m. (M-F) Post Oak Mall 1500 Harvey Road College Station, Texas 12:00 p.m. to 9:00 p.m. (October 20-25; October 27-31) 12:00 p.m. to 6:00 p.m. (October 26) PART 8: The City Manager, or his designee, is hereby authorized to negotiate and execute an election services contract with Texas Voting Systems for services in connection with this election. PART 9: In accordance with Section 123.001 of the TEXAS ELECTION CODE, the Hart Intercivic Direct Recording Electronic Voting System, Optical Scan Voting System and Electronic Management System for Brazos County, Texas, approved by the Secretary of State on January 3, 2002, and identified as eSLATE, is hereby adopted for this election. PART 1 O: The special Charter election shall be held in accordance with the requirements for bilingual elections as set forth in the Voting Rights Act amendments for 1975 (42 U.S.C. § 1973aa-1 a) and in Section 272.001 of the ELECTION CODE. All election forms and material shall be printed in both English and Spanish, and bilingual oral assistance shall be made available within the requirements of the law. PART 11: That the following proposed Charter changes be submitted for vote on November 4, 2003: o/group/legal/ordinances/2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 5 PART 11 (a): That Section 18, Number, Selection, Term, of Article III, The City Council, of the _ Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: ARTICLE III The City Council Number, Selection, Term Section 18. The City Council shall be composed of the Mayor and six (6) Councilmen and be known as the "City Council of the City of College Station." (a) The Mayor and other members of the City Council shall be elected from the City at large. (b) The Mayor shall be the presiding officer of the City Council and shall be recognized as the head of the City govemment for all ceremonial purposes and by the Govemor for purpose of military law, but shall have no regular administrative duties. The Mayor shall be entitled to vote on all matters under consideration by the City Council. (c) Each Councilman, unless sooner removed under the provisions of this Charter, shall serve for a term of three (3) years, beginning with the first meeting of the Council following his election, and ending with the first meeting of the Council three (3) years later, or until his successor has been elected and duly qualified. Such terms for Councilmen shall be on a three-year staggered basis to the end that two (2) Councilmen shall be elected each year. The Mayor, o/group/legal/ordinances~2003 charter amendments.doc 8/15/03 ORDINANCE NO. 2659 Page 6 unless sooner removed under the provisions of this Charter, shall serve for a term of three (3) years, beginning with the first meeting of the Council following his election and ending with the first meeting of the Council three (3) years later, or until his successor has been elected and duly qualified. (d) No person shall be deemed elected to an office unless that person receives a majority of all the votes cast for such office. The Council shall, upon declaring the official results of the election, order a mn-off election for each office to which no one was elected. In the mn-off election, the two candidates who received, in the preceding election, the highest number of votes for each office to which no one was elected, shall be voted on again by the qualified voters, and the candidate who receives the majority of the votes cast for such office in the mn-off election shall be elected to such office. (e) In 2004, the regular elections for Places 4 and 6 shall continue to have two (2) year terms. In 2006, and subsequent years, the regular elections for Places 4 and 6 shall be for three (3) year terms. In 2004, and subsequent years, the regular elections for the Mayor and Places 1, 2, 3 and 5 shall be for three (3) year terms. (f) Beginning in 1999, there shall be no limit to the total number ~ ~' terms served by the Mayor or Councilmen; however, no person shall be eligible to be elected to serve in the capacity of Councilman for consecutive regular terms o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 7 totaling more than six (6) years; nor shall any person be eligible to be elected to serve in the capacity of Mayor for consecutive regular terms totaling more than six (6) years. PART 11 (b) That Section 28, City Secretary, of Article III, The City Council, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' City Secretary Section 28. The City Council shall appoint an officer of the City who shall be the City Secretary, who may be removed from office by the Council. The City Secretary or Assistant City Secretary shall give notice of Council meetings, shall keep a journal of its proceedings, shall authenticate by his signature and record in full in a book or books kept and indexed for that purpose all ordinances and resolutions, and shall perform such other duties as the City Council shall assign to him and those elsewhere provided for in the Charter. The City Secretary shall have the power to appoint an assistant or assistants, if deemed necessary by him, subject to the approval of and at such compensation as may be fixed by the City Council and such assistant or assistants may be removed from office by the City Secretary. PART 11 (c): That Section 29, City Judge, of Article III, The City Council, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' o/group/Iegal/ordinances/2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 8 Municipal Court Judge Section 29. The City Council shall appoint an officer of the City who shall be the Municipal Court Judge, who may be removed from office by the Council. The City Council may appoint alternate Assistant Municipal Court Judges, who may be removed from office by the Council, who shall serve in the absence of or in addition to the Municipal Court Judge. All costs and fines imposed by the Municipal Court, or by any court in cases appealed from judgments of the Municipal Court, shall be paid into the City Treasury for the use and benefit of the City. PART 11 (d)' That Section 30, City Attorney, of Article III, The City Council, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' City Attorney Section 30. The City Council shall appoint an officer of the City who shall be the City Attorney, who may be removed from office by the Council. The City Attorney shall be a competent and duly licensed attorney, who shall reside in the City of College Station. The City Attorney shall represent the City in all litigation. He shall be the legal advisor of and attorney and counsel for the City and all officers and departments thereof. o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 9 The City Attomey shall have the power to appoint an assistant or assistants, if deemed necessary by him, subject to the approval of and at such compensation as may be fixed by the City Council; and such assistant or assistants may be removed from office by the City Attomey. PART 11 (e)' That said amendments be presented for "YES" or "NO" vote, in the following form: PROPOSITION NO. I "Shall the Charter be amended to provide for three (3) year terms for the Mayor and City Council; and amended to provide that the appointments for the City Secretary, Municipal Court Judge, and City Attorney positions will be for an indefinite term, at the will of the City Council?" PART 12: That the following proposed Charter changes be submitted for vote on November 4, 2003' PART 12 (a)' That Section 5, Powers of the City, of Article II, Corporate and General Powers, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Powers of the City Section 5. The City shall have all powers granted to Home Rule Cities by the Constitution and laws of this State, as fully and completely as though they were specifically enumerated in this Charter, together with all the implied powers necessary to carry into execution such granted powers, and the powers are hereby adopted that are conferred upon cities by Article XI, Section 5, of the Constitution o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 10 of the State of Texas (Home Rule Amendment). Among other powers, the City shall have the power to contract and be contracted with; to acquire property in fee simple within or without its corporate limits for any municipal purpose, or any lesser interest or estate, by purchase, girl, devise, lease, or condemnation; and may sell, lease, mortgage, hold, manage and control such property as its interests may require, except as prohibited by the constitution or restricted by this Charter. The City may use a corporate seal; may cooperate with the government of the State of Texas or any agency thereof, or any political subdivision of the State of Texas, or with the United States or any agency thereof, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and convenience of the City and its inhabitants; and may pass such ordinances and enact such regulations as may be expedient for the maintenance of good government order and peace of the City and the welfare, health, morals, comfort and safety of its inhabitants consistent with the provisions of this Charter. The enumeration of particular powers by this Charter shall not be deemed to be exclusive; and in addition to the powers enumerated or implied herein, the City shall have all powers not prohibited by the Constitution or laws of this State. PART 12 (b) That Section 6, Extension of City Limits Upon Petition, of Article II, Corporate and General Powers, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: o/group/legal/ordinances~2003 charter amendments.doc 8/15/03 ORDINANCE NO. 2659 Page 11 Extension of City Limits Upon Petition Section 6. The City Council may extend the City's boundaries by annexation petition in accordance with the provisions of the statutes of the State of Texas. PART 12 (c)' That Section 7, Extension of City Limits by the City Council, of Article II, Corporate and General Power.s, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: Extension of City Limits by the City Council Section 7. The City Council shall have the power to fix, by ordinance, the boundary limits of the City of College Station, and to provide for the extension of such boundary limits and the annexation of additional territory lying adjacent to the City, with or without the consent of the inhabitants of such area to be annexed. The City Council shall have the power to detach, by ordinance, any territory, with or without the consent of the inhabitants of such area to be detached. When any territory shall be so annexed, the same shall be a part of the City and the inhabitants thereof shall be entitled to all the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City. When territory has been detached, the same shall no longer be a part of the City. PART 12 (d)' That Section 10, Establishment and Control of Streets, of Article II, Corporate and General Powers, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: o/group/legal/ordinances~2003 charter amendments.doc 8/15/03 ORDINANCE NO. 2659 Page 12 Establishment and Control of Streets Section 10. The City shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and encroachments of every nature or character upon any of said streets, alleys, sidewalks, and public property. The City shall have exclusive domain, control and jurisdiction in and upon, and over and under the public streets, avenues, alleys, and highways of the City. The City's exclusive domain, control, and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the City shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines or wires, or other property. PART 12 (e)' That Section 11, Street Improvements, of Article II, Corporate and General P9wers, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Street Improvements Section 11. The City may provide for the improvements of public streets, avenues, alleys and highways by paving, repaving, raising, draining, or other improvements, and may assess the cost of such development and improvements partly or entirely o/group/legal/ordinances/2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 13 by assessments levied as a lien against the property abutting thereon and against the owners thereof. If improvements be ordered constructed in any part of any area used or occupied by the tracks or facilities of any railway or public utility, then the City shall have the power to assess the whole cost of improvements in such area and the added costs of improvements in such area and the added costs of improvements in areas adjacent thereto made necessary by such use or occupancy against such railway or utility, and shall have the power, by ordinance, to provide for the enforcement of such assessments. As an alternative and cumulative method of developing, improving and paving any and all public streets, sidewalks, waterways, alleys, highways and other public ways, the City shall have the power and authority to proceed in accordance with V.T.C.A., TRANSPORTATION CODE, as amended. PART 12 (f)' That Section 13, Cg.rporation Court, of Article II, C9.rporate and General Powers, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Municipal Court Section 13. There shall be a court for the trial of misdemeanor offenses known as the Municipal Court of the City of College Station, with such powers, procedures and duties as are given and prescribed by the laws of the State of Texas for a Municipal Court. o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 14 PART 12 (g): That Section 23, Powers, of Article III, The City Council, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Powers Section 23. All powers and authority, including the determination of all matters of policy which are expressly or by implication conferred upon or possessed by the City, shall be vested in and exercised by the Council; provided, however, that the Council shall have no authority to exercise those powers which are expressly conferred upon other City officers by this Charter. Without limitation of the foregoing, and among the other powers that may be exercised by the City Council, the following are hereby enumerated for greater certainty: (1) To appoint and remove the City Manager. (2) To establish administrative departments and establish the organization and functions of divisions. (3) To adopt the budget of the City. (4) To authorize the issuance of bonds by a bond ordinance. (5) To inquire into the conduct of any office, department or agency of the City and make investigations as to municipal affairs. (6) To provide for a planning commission, a zoning commission and a zoning board of adjustment, and appoint the members of all such commissions and boards. The planning and zoning commissions may be combined. Such boards and commissions shall have all powers and duties now or hereafter conferred and created by this Charter, by City ordinance, or by law. o/group/legal/ordinances/2003 charter amendments.doc 8/15/03 ORDINANCE NO. 2659 Page 15 (7) To adopt plats. (8) To adopt and modify the official map of the City. (9) To adopt, modify and carry out plans proposed by the planning 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 (10) To adopt, modify and carry out plans proposed by the planning 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. (11) To regulate, license and fix the charges or fares made by any person owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets and alleys of the city. (12) To provide for the establishment and designation of fire limits; to prescribe the kind and character of' buildings, structures or improvements to be erected therein; to provide for the erection of fireproof buildings within certain limits; to provide for the condemnation of dangerous structures, buildings, dilapidated buildings or buildings calculated to increase the fire hazard and the manner of their removal or destruction. (13) To prevent the construction and use of housing accommodations below standards fixed by the City Council as proper for the purpose of promoting the health, safety, morals or general welfare of the City. PART 12 (h): That Section 29, City Judge, of Article III, The City Council, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: Municipal Court Judge Section 29. There shall be a magistrate of the Municipal Court known as the Municipal Court Judge who shall be appointed by the City Council for a term of o/group/legal/ordinances/2003 charter amendments, doc 8/I 5/03 ORDINANCE NO. 2659 Page 16 two (2) years coinciding with the term of the Mayor. He may be removed by the City Council at any time for incompetency, misconduct, malfeasance or disability. He shall receive such salary or fees as the Council may fix from time to time. The Council shall appoint an Alternate Municipal Court Judge who shall serve in the absence of the Municipal Court Judge. All costs and fines imposed by the Municipal Court or by any court in cases appealed from judgments of the Municipal Court, shall be paid into the City Treasury for the use and benefit of the City. (NOTE: If 11 (c) is approved, that provision will take the place of this section.) PART 12 (i): That Section 31, Induction Into Office; Meetings, of Article III, The City Council, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Induction Into Office; Meetings Section 31. The induction into office date shall be set by ordinance by the City Council, or as otherwise provided by law, following each regular municipal election held under this Charter, or any special election for the purpose of filling vacancies in the City Council. The City Council shall meet at the usual place for holding meetings and the newly elected members shall qualify and assume the duties of office. Thereafter, the City Council shall meet regularly at such times as may be prescribed in the roles, but not less frequently than once each month. Special meetings shall be called upon request of the Mayor or a majority of the members of the City Council. All meetings shall be subject to the provisions of the Texas Open o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 17 Meetings Act, V.T.C.A., GOVERNMENT CODE, Ch. 551, Open Meetings, as amended. PART 12 (j)' That Section 74, Sale of City Property, of Article VII, Finance Administration, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be repealed. PART 12 (k): That Section 93, Municipal Elections, of Article IX, Nominations and Elections, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: ARTICLE IX NOMINATIONS AND ELECTIONS Municipal Elections Section 93. The regular city election shall be held on an annual date set by ordinance by the City Council, or as otherwise provided by law, at which time members of the Council shall be elected to fill those offices that become vacant that year. The City Council shall fix the hours and the place for holding such special election. The City 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. In the order, ordinance or resolution of the City Council calling any election at which more than one Councilman shall be elected, the City Council shall in calling such election provide for a separate place on the ballot for each vacant seat to be filled at such election, designating the Mayor and such Places as Place No. 1, 2, 3, o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 18 4, 5 or 6. If an unexpired term is to be filled at such election, the Place for the unexpired term shall be so designated. PART 12 (l): That Section 130, Publicity of Records, of Article XII, General Provisions, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Publicity of Records Section 130. Records and accounts of every office, department, or agency of the City shall be open for inspection and copying as provided by V.T.C.A., GOVERNMENT CODE, Ch. 552, Public Information, as amended. PART 12 (m)' That Section 144, Sale or Lease of Property Other Than Public Utilities or Acquired by Tax Sale, of Article XII, General Provisions, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: Sale or Lease of Property Other Than Public Utilities or Tax Sale Section 144. Any real property owned by the City may be sold by the City Council when in its judgment such sale will be in the best interest of the City, subject to the provisions of V.T.C.A., LOCAL GOVERNMENT CODE, Chapter 272, Sale or Lease of Property by Municipalities, Counties, and Certain Other Local Governments, as amended, and such other laws as are applicable for Home Rule Cities pertaining to the necessity for public bids. The sale of land may be subject to referendum or initiative for a thirty-day period after the sale and shall not be effective until the o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 19 expiration of said thirty-day period. If during such thirty-day period a referendum or initiative petition is presented to the City Secretary, which in all respects conforms to the referendum or initiative provisions of Article X of this Charter and the same is found sufficient, then the City Secretary shall certify the sufficiency of the same to the City Council and an election shall be called submitting the question of the sale of the property to the voters. This right of referendum or initiative shall not apply to public utilities or to property sold by the City at tax sales. PART 12 (n)' That Section 19, Qualifications, of Article III, The City Council, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Qualifications Section 19. The Mayor and Councilmen shall be citizens of the United States and qualified voters of the State of Texas; shall have resided for at least one (1) year next preceding the election, at which they are candidates, within the corporate limits of the City of College Station; and shall not be disqualified by reason of any provision of any other section of this Charter. A member of the City Council ceasing to possess any of the qualifications specified in this section, or any other section of this Charter, or convicted of a felony while in office, or who absents himself from three (3) consecutive regular Council meetings without consent of the Council, shall immediately forfeit his office. o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 20 PART 12 (o): That Section 95, How to Get Name on Ballot, of Article IX, Nominations and Elections, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' How to Get Name on Ballot Section 95. Any qualified person may have his name placed on the official ballot as a candidate for Councilman or Mayor at any election held for the purpose of electing Councilmen or Mayor by filing with the City Secretary at least forty-five (45) days prior to the date of election a sworn application in substantially the following form: "I, , do hereby certify that I am a candidate for the office of , and request that my name be printed upon the official ballot for that particular office in the next city election. I am a qualified voter of the State of Texas and am and have been a bona fide resident of the City of College Station, Texas, for at least one (1) year. I am not disqualified or ineligible to serve on the City Council if elected. I reside at , Place , College Station, Texas. Signed PART 12(p): That Section 134, Persons Indebted to the City Shall Not Hold Office or Employment, of Article XII, General Provisions, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be repealed. o/group/legal/ordinances/2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 21 PART 12 (q)' That Section 148, Amending the Charter, of Article XII, General Provisions, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Amending the Charter Section 148. This Charter may be amended in accordance with the provisions of the statutes of the State of Texas. PART 12 (r): That Section 136, Damage Suits, of Article XII, General Provisions, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: Notice of Injury or Damage Section 136. The City shall never be liable for any personal injury, whether resulting in death or not, unless the person injured, or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death or injury, shall file a notice in writing with the City Secretary within ninety (90) days after the same has occurred, stating specifically in such notice when, where and how the exact injury occurred, the full extent of the injury, the amount of damages claimed or asserted, and a list of persons, if known, who witnessed the injury. The City shall never be liable for any claim for damage or injury to personal property unless the person whose personal property has been injured or damaged, or someone in his behalf, shall file a claim in writing with the City Secretary within ninety (90) days after said damage or injury o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 22 occurred, stating specifically when, where and how the damage or injury was sustained. The person giving notice under this Section shall subscribe his name to the notice under oath that the statements and facts contained in said notice are true and correct. PART 12 (s): That Section 150, Rearrangement and Renumbering, of Article XII, General Provisions, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be added to read as follows: Rearrangement and Renumbering Section 150. The City Council shall have the power, by ordinance, to renumber and rearrange all articles, sections and paragraphs of this Charter or any amendments thereto; and upon the passage of any such ordinance, a copy thereof, certified by the City Secretary, shall be forwarded to the Secretary of State for filing. PART 12 (t): That said amendments be presented for "YES" or "NO" vote, in the following form: PROPOSITION NO. II "Shall numerous sections of the City Charter be amended to conform to the current state law?" PART 13' That the following proposed Charter change be submitted for vote on November 4, 2003' PART 13 (a): That Section 8, Change of Ward Boundaries, of Article II, Corporate and General Powers, of the City Charter, be submitted for amendment and, if approved by a majority vote, be repealed. PART 13 (b): That said amendment be presented for "YES" or "NO" vote in the following form: o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 23 PROPOSITION NO. III "Shall Section 8 providing for wards to be established be repealed?" PART 14: That the following proposed Charter change be submitted for vote on November 4, 2003' PART 14 (a)' That Section 37, Independent Annual Audit, of Article III, The City Council, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Independent Annual Audit Section 37. Not less than thirty (30) days prior to the end of each fiscal year, the City Council shall designate a qualified public accountant or accountants who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the City government and shall submit the report to the City Council. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the City government. They shall not maintain any account or record of the City business, but, within specifications approved by the City Council, shall post-audit the books and documents kept by the City and any separate or subordinate accounts kept by any office, department or agency of the City government. PART 14(b)' That Section 67, Director of Finance; Appointment, of Article VII, Finance Administration, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' o/group/legal?ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 24 Financial Department; Appointment Section 67. The City Manager may appoint a chief financial officer. PART 14 (c)' That Section 73, Fees Shall be Paid to City, of Article VII, Finance Administration, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: Fees Shall be Paid to City Section 73. All fees received by any officer or employee of the City shall belong to the City and shall be handled pursuant to the City's roles, regulations and policies. PART 14(d)' That Section 76, Contracts for Improvements, of Article VII, Finance Administration, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: Purchases and Expenditures Section 76. The City shall make expenditures to promote the best interests of the citizens of College Station. The City shall encourage free and unrestricted competition on all bids and purchases, ensuring the taxpayers the best possible remm on and use of their tax dollars. It shall be the policy of the City to fully comply with and make all purchases or expenditures pursuant to the City's policies, roles, regulations, procedures, and state and federal law. PART 14 (e): That Section 77, Disbursement of Funds, of Article VII, Finance Administration, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 25 Disbursements and Control of Funds Section 77. All checks and vouchers or warrants for the withdrawal of money from the City accounts shall be handled pursuant to the City's rules, regulations, policies, and state and federal laws. PART 14 (f)' That Section 79, Borrowing in Anticipation of Property Taxes, of Article VII, Finance Administration, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: Borrowing in Anticipation of Property Taxes Section 79. In any fiscal year, in anticipation of the collection of the property tax for such year, whether levied or to be levied in such year, the City Council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the City, each of which shall be designated "tax anticipation note for the year~ (stating the budget year). Such notes shall mature and be payable not later than the end of the fiscal year in which the original notes have been issued. PART 14 (g)' That Section 80, Borrowing in Anticipation of Other Revenues, of Article VII, Finance Administration, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Borrowing in Anticipation of Other Revenues Section 80. In any fiscal year, in anticipation of the collection or receipt of other revenues of the budget year, the City Council may by resolution authorize the o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 26 borrowing of money by the issuance of negotiable notes of the City, each of which shall be designated "special revenue note for the year ~" (stating the budget year). Such notes may be renewed from time to time, but all such notes, together with the renewals, shall mature and be payable not later than the end of the fiscal year in which the original notes shall have been issued. PART 14(h): That Section 90, Taxes; When Due and Payable, of Article VIII, Tax Administration, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Taxes; When Due and Payable Section 90. All taxes due to the City of College Station shall be payable to the City of College Station or such other person or entity as may be designated by the City Council, and may be paid at any time after they fall due. Taxes shall be due and shall become delinquent as provided in the TEXAS TAX CODE, as amended, which code further provides for delinquent taxes, interest, and procedures for the collection of taxes. PART 14 (i): That Section 68, Director of Finance; Qualifications, Section 69, Director of Finance; .... Powers and Duties; Section 71, Accounting, Supervision and Control; Section 74, Sale of City Property; Section 75, Purchase Procedure; Section 78, Accounting Control of Purchases; Section 81, Sale of Notes; Report of Sale; and Section 82, Surety Bonds, of Article VII, Finance Administration; and Section 83, Division of Taxation, of Article VIII, Tax Administration, of the Charter of the City o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 27 of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be repealed. PART 14 (j): That Section 150, Rearrangement and Renumbering, of Article XII, General Provisions, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be added to read as follows: Rearrangement and Renumbering Section 150. The City Council shall have the power, by ordinance, to renumber and rearrange all articles, sections and paragraphs of this Charter or any amendments thereto; and upon the passage of any such ordinance, a copy thereof, certified by the City Secretary, shall be forwarded to the Secretary of State for filing. PART 14 (k)' That said amendment be presented for "YES" or "NO" vote in the following form: PROPOSITION NO. IV "Shall the Charter be amended to provide for the updating and modernization of the finance and accounting provisions?" PART 15: That the following proposed Charter change be submitted for vote on November 4, 2003: PART 15 (a)' That Section 46, Preparation and Submission of Budget, of Article V, The Budgett, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 28 Preparation and Submission of Budget Section 46. The City Manager, between thirty (30) and ninety (90) days prior to the beginning of each fiscal year, shall submit to the City Council a proposed budget which shall provide a complete financial plan for the fiscal year. PART 15 (b)' That Section 52, Proceedings on Budget After Public Heating Amending or Supplementing Budget, of Article V, The Budget, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Proceedings on Budget After Public Hearing Amending or Supplementing Budget Section 52. After the conclusion of such public hearing, the City Council may insert new items or may increase or decrease the items of the budget, except items in proposed expenditures fixed by law. Before inserting any additional item or increasing any item of appropriation which will increase the total budget by three percent (3%) or more, it must cause to be published a notice setting forth the nature of the proposed increases and fixing a place and time, not less than five (5) days after publication, at which the City Council will hold a public hearing thereon. PART 15 (c): That Section 56, Effective Date of Budget; Certification; Copies Made Available, of Article V, The Budget, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows: o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 29 Effective Date of Budget; Certification; Copies Made Available Section 56. Upon final adoption, the budget shall be filed with the City Secretary. The final budget shall be printed, or otherwise reproduced, and a reasonable number of copies shall be made available for the use of all officers, departments and agencies, and for the use of interested persons and civic organizations. PART 15 (d)' That Section 60, Estimated Expenditures Shall Not Exceed Estimated Resources, of Article V, The Budget, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Estimated Expenditures Shall Not Exceed Estimated Resources, and Amending the Budget Section 60. The total estimated expenditures of the general fund and debt fund shall not exceed the total estimated resources of each fund. The City Council may by ordinance amend the budget during a fiscal year if one of the following conditions exists' le If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council, by ordinance, may make supplemental appropriations for the year up to the amount of such excess. Before approval, the Council shall hold a public hearing on the proposed budget amendment. A notice of the time and place of a public hearing on the supplemental appropriation shall o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 30 be published in the official newspaper of the City of College Station. The notice shall be placed in the newspaper at least five (5) working days before the date of the hearing. , To meet a public emergency affecting life, health and property of the public peace, the City Council may make emergency appropriations. Such appropriations may be made by emergency ordinance. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any such notes made during a fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. ge If at any time during the fiscal year it appears probable to the City Manager that the revenues or fund balances available will be insufficient to meet the amounts appropriated, he shall report to the City Council without delay, indicating the estimated amount of the deficit, any remedial action taken by him and his recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce one or more appropriations. o/group/Iegal/ordinances/2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 31 PART 15 (e)' That Section 61, Emergency Appropriations, of Article V, The Budget, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as follows' Lapse of Appropriation Section 61. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. PART 15 (f)' That Section 47, Antic.ipated Revenues Compared With Other Years in Budget, and Section 48, Proposed Expenditures Compared With Other Years, of Article V, The Bund et, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be repealed. PART 15 (g): That Section 150, Rearrangement and Renumbering, of Article XII, General Provisions, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be added to read as follows' Rearrangement and Renumbering Section 150. The City Council shall have the power, by ordinance, to renumber and rearrange all articles, sections and paragraphs of this Charter or any amendments thereto; and upon the passage of any such ordinance, a copy thereof, certified by the City Secretary, shall be forwarded to the Secretary of State for filing. o/group/legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 32 PART 15 (h): That said amendment be presented for "YES" or "NO" vote in the following form: PROPOSITION NO. V "Shall the Charter be amended to provide for the updating and modernization of the budget provisions?" PART 16: That the following proposed Charter change be submitted for vote on November 4, 2003' PART 16 (a)' That Section 131, Personal Interest, of Article XII, General Provisions, of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be repealed. PART 16 (b)' That said amendment be presented for "YES" or "NO" vote in the following form: PROPOSITION NO. VI "Shall the Charter be amended to delete Section 131 ?" PART 17' That a copy of this Ordinance shall be published in its entirety in the official newspaper of the City of College Station. PART 18' That this ordinance shall take effect immediately from and after its date of final passage. PART 19' That an election is hereby called on November 4, 2003, on said aforementioned Charter amendments. If said City Charter amendments shall receive a majority of "YES" votes, they shall be declared passed. Said amendments passing by a majority vote shall be entered upon the records of the City of College Station and declared by the City Council to be adopted and shall be effective henceforth. o/group~legal/ordinances~2003 charter amendments, doc 8/15/03 ORDINANCE NO. 2659 Page 33 PASSED, ADOPTED and APPROVED this 28t.__~_h day of Aj_,~, 2003. APPROVED' RoN S -.h~A~ Mayor ATTEST: ~ON~IE HOOKS, Clty Secretary APPROVED' CITY ATTORNEY o/group/legal/ordinances/2003 charter amendments.doc 8/15/03