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Ordinance 1998-08 ORDINANCE NO. g0- f> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ORDERING AN ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL ELECTION ON THE 2ND OF MAY, 1998, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF WYLIE, TEXAS CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER; DESIGNATING LOCATION OF POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. WHEREAS, the hereinafter proposed amendments to the City Charter of the City of Wylie, Texas contained in Exhibit "A"attached hereto and made a part of this Ordinance, shall be submitted to the qualified voters of the City of Wylie for their approval or disapproval at an election to be held on the 2nd day of May, 1998 pursuant to the provisions of Section 9.004 of the Texas Local Government Code. Said election shall be held concurrently with the general election for Mayor and City Council members heretofore called by the City Council of the City of Wylie for such dates. WHEREAS, the meeting at which this Ordinance is considered is open to the public as required by law, and public notice of the time, place and purpose of said meeting was given as required by Section 551.043 ofthe Texas Government Code. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: Section 1. An election is hereby ordered to be held concurrently with the general election on Saturday, May 2, 1998 for the purpose of submitting to the qualified voters of the City of Wylie, Texas, certain proposed amendments, contained in Exhibit "A" attached hereto, to the existing city charter. Section 2. The polling place where qualified voters shall cast ballots at such location in the City of Wylie 1998 joint general election is as follows: County_Election Precincts Polling Places All City Precincts Precinct 25 Southfork Mobile Home Park 210 Southfork Blvd. Wylie, Texas Precincts 27,56, & 83 First United Methodist Church 109 W. Jefferson Wylie, Texas Election Polls shall be open from 7 a.m. to 7 p.m. on the date of the election. Ordinance No ~?; - 'h Page 2 Section 3. Early voting by personal appearance shall be available at the Collin County Sub Courthouse, 920 E. Park, Suite 120, Piano, Texas, and the Wylie Municipal Complex, 2000 N. State Highway 78, Wylie, Texas, beginning on Wednesday, April 15, 1998 through Tuesday, April 28, 1998, during the normal working hours of 8 a.m. to 5 p.m. with extended voting hours on Thursday, April 23, 1998 from 8:00 a.m. to 7:00 p.m. and Saturday, April 25, 1998 from 8:00 a.m. to 5:00 p.m. Applications for ballot by mail shall be requested from and mailed to Mr. Bill Bilyeu, Collin County Elections Administrator, Collin County Elections Administration Office, 920 E. Park Blvd., Suite 120, Piano, Texas 75074. Applications for ballots by mail must be received no later than the close of business on April 24, 1998. Section 4. 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 this election. The Collin County Election contract shall designate the election judges for the election. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ON THIS 24th DAY OF FEBRUARY, 1998. Jim Sw Attest: EXHIBIT "A" ARTICLE 3, SECTION lA This proposed change represents a deletion of original language and the addition of new language that represents a change in philosophy or policy. Change city council term from a two (2) year service to a three (3) year service. The mayor and councilmen shall be elected by the qualified voters of the city at large, each of whom, unless sooner removed by the provisions of this Charter, shall serve for a term of three (3) years. Each councilman shall occupy a position on the city council, such positions being numbered 1 through 6, consecutively. ARTICLE 3, SECTION 6C As a result of the change in Article 3, Section 1A; section 6C will be changed as follows in accordance with the law. C. Filling of Vacancies. Any vacancy or vacancies occurring on the governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy or vacancies occur. ARTICLE 3, SECTION 12 This proposed change represents a deletion of original language and the addition of new language that complies with State Law or represents actual administrative practices. Voting will be recorded in the minutes in place of roll calL The city council shall, by ordinance, determine its own rules and order of business, and the rules shall provide that citizens of the city shall have a reasonable opportunity to be heard at any meeting with regard to any matter under consideration. The city council shall provide for written minutes to be taken of all meetings, except executive sessions authorized by law, and such minutes shall be public record and shall be kept and maintained by the city secretary: The vote of each council member on any matter shall be recorded in the minutes. ARTICLE 4, SECTION IE This proposed change represents a deletion of original language and the addition of new language that complies with State Law or represents actual administrative practices. Delete entire section E. (7) "Prepare and submit to the city council, an annual report on the finances and administrative activities of the city, as of the end of the fiscal year, such report to be due not later than one hundred twenty (120) days after the end of the city's fiscal year. The report of individual audit, as required by this Charter, shall be incorporated into the annual report submitted by the city manager. EXHIBIT "A" ARTICLE 4, SECTION 7 A This proposed change represents a deletion of original language that contradicts/repeats language found in another section of the Charter. Personnel System. A. Neither the city council nor any of its members shall request or direct the appointment of any person to, or his removal from office or employment, by the city manager or any of his subordinates; provided that the appointment or removal from office of department heads shall be subject to approval of the city council Delete wording"... provided that the appointment or removal from office of department heads shall be subject to approval of the city council." ARTICLE 5, SECTION 1 C This proposed change represents a deletion of original language and the addition of new language that complies with State Law or represents actual administrative practices. Replace "tax assessor-collector" with" proper agency" and add "contracted election official". C. Voter Eligibility List. A certified list of voter registrants within the city, as prepared by the proper agency, shall be held by the city secretary or the contracted election official. ARTICLE 5, SECTION 4 This proposed change represents a deletion of original language and the addition of new language that complies with State Law or represents actual administrative practices. Add Highlighted Words Section 4. Canvassing. The returns of every municipal election shall be delivered from the election judges to the city secretary or contracted election official at the designated location no later than twelve (12) hours after the closing ofthe polls. ARTICLE 5, SECTION 6 This proposed change represents a deletion of original language and the addition of new language that complies with State Law or represents actual administrative practices. Delete wording ...a runoff election shall be held" not less than fourteen (14) days"... Section 6. Runoff Election. In the event no candidate for an elective office receives a majority of the votes cast for that position in the regular or special election or if there is a tie for first place, a runoff election shall be held not earlier than the 20th day of canvass or later than the 30th day following the preceding regular or special election. EXHIBIT "A" ARTICLE 6, SECTION 5 This proposed change represents a deletion of original language and the addition of new language that represents a change in philosophy or policy. Change percentagefrom 25% to 15%; and timeframefrom 30 days to 45 days. A petition to the city council for initiative, referendum, or recall, containing the signatures of qualified voters equal in number to no fewer than fifteen percent (15%) of the qualified voters shall be presented to the city secretary not later than forty-five (45) days following the filing of the affidavit by the petitioner's committee. ARTICLE 6, SECTION 6 This proposed change represents a deletion of original language and the addition of new language that represents a change in philosophy or policy. Change from two (2) working days to five (5)working days. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it, the committee may, within five (5) working days after receiving the copy of such certificate, file a request that it be reviewed by city council. ARTICLE 7, SECTION 3A (5) This proposed change represents a deletion of original language that contradicts/repeats language found in another section of the Charter. Add highlighted words A proposed multi-year capital program for pending and proposed new capital projects, including but not limited to the amounts to be appropriated from the budget, the amounts to be raised by the issuance of bonds, and the amount required for the operation and maintenance ofthe new projects. The above information may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. ARTICLE 7, SECTION 3 (A) 9 This proposed change represents a deletion of original language and the addition of new language that complies with State Law or represents actual administrative practices. Add highlighted words (9) Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the city and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed income and expenditure information shall be included in the budget. EXHIBIT "A" ARTICLE 7, SECTION 3 (A) 11 This proposed change represents a deletion of original language and the addition of new language that complies with State Law or represents actual administrative practices. Add highlighted words (11) The total amount of each reserve/contingency fund must be not less than five percent (5%) of the proposed expenditures for the major operating funds. ARTICLE 7, SECTION 5 This proposed change represents a deletion of original language that contradicts/repeats language found in another section of the Charter. Delete this section. The city manager shall submit a five (5) year, capital program as an attachment to the annual budget. The capital program shall include the proposed program by the planning board and comments by the city manager... ARTICLE 7, SECTION 12 This proposed change represents a deletion of original language and the addition of new language that complies with State Law or represents actual administrative practices. Add highlighted words Section 12. Financial Report. The city manager shall submit to the city council at its first formal meeting each month the financial condition of the city by budget item, budget estimated versus month to date accruals for the preceding month and for the fiscal year to date. The financial records of the city will be maintained on the modified accrual basis or the accrual basis by fund type as established by the Governmental Accounting Standards Board. ARTICLE 8, SECTION 1 B This proposed change represents a deletion of original language and the addition of new language that represents a change in philosophy or policy. Add the word" permanent"; and delete the last sentence. B. Limitation on Service. No person shall be appointed to or serve on more than two permanent boards, commissions, or committees at any given time. Any person serving on the planning and zoning commission shall be precluded from simultaneously serving on any other board, commission, or committee of the city. EXHIBIT "A" ARTICLE 8, SECTION 2 D This proposed change represents a deletion of original language and the addition of new language that complies with State Law or represents actual administrative practices. Adds language that clarifies qualifications of board members Board of Adjustments. ...Members of the board shall be qualified voters of the city and shall be appointed for .... ARTICLE 9, SECTION 2 A (1) This proposed change represents a deletion of original language and the addition of new language that complies with State Law or represents actual administrative practices. Adds language that clarifies qualifications of board members Planning and Zoning. ... The members of said board shall be qualified voters of the city and shall be appointed... NEW ADDITION TO CHARTER This proposed change represents a deletion of original language and the addition of new language that represents a change in philosophy or policy. DISASTER CLAUSE In case of disaster when a legal quorum of elected council members cannot otherwise be assembled due to multiple deaths or injuries, the surviving member or members of the elected council, or highest surviving city official, if no elected official remains, must within twenty-four (24) hours of such disaster, request the highest surviving officers of the local chamber of commerce and the board of trustees of the local school district, and the county judge of Collin County to appoint a commission to act during the emergency and call a city election within fifteen (15) days of such disaster for election of a required quorum, if for good reasons it is known that a quorum of the present council will never again meet.