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Resolution 98-07 RESOLUTION NO. 3 ~ - 7 (;?) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, TO CONSIDER AMENDING THE CITY CHARTER ACCORDING TO THE CHARTER REVIEW COMMITTEE'S RECOMMENDATIONS AND SUBMIT PROPOSED CHANGES TO THE VOTERS OF THE CITY OF WYLIE ON THE MAY 2, 1998 MUNICIPAL ELECTION. WHEREAS, a Home-Rule Charter was first adopted by the citizens of Wylie on January 19, 1985, and; WHEREAS, the city's population has doubled since 1985 to over 10,700 , and; WHEREAS, the City Council appointed a Citizens Charter Review Committee; (the committee) on December 9, 1997 for the purpose of recommending additions or deletions, if any, to the City Council and; WHEREAS, the Committee met during four sessions to comprehensively review the Charter with Chris Hartung, a consultant with the Waters Consulting Group, serving as facilitator, and; WHEREAS, all recommendations issued to the City Council were approved by a majority of the Committee members present on February 12,1998, and; WHEREAS, the City Council is scheduled to consider the Charter Review Committee's recommendations on February 24, 1998 and any proposed changes to the Charter will be submitted to the voters of the City of Wylie at the May 2, 1998 Municipal Election. NOW, THEREFORE BE IT RESOLVED THAT THE FOLLOWING ADDITIONS AND DELETIONS WERE APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL: 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 lA; section 6C will be changed as follows in accordance with the law. C. Filling of V acancies. 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. ARTICLE 4, SECTION 7 A This proposed change represents a deletion of original language that contradicts/repeats language found in another section ofthe 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 ofhis 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 If; for a purpose relating only to a city election or to candidates or issues involved in such election, any organization, group, or person requests a list of qualified voters of the city, permission to copy the current list shall be granted 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 of the 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. 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 percentage from 25% to 15%; and time frame from 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. If a petition is certified insufficient for lack of required number of signatures, it may be amended once if the petitioners' connnittee:files a notice of intention to amend it with the city secretary within five (5) working days after having received the copy of the certificate. A supplementary petition with additional names must be filed within five days after receiving the copy of the certificate. Such supplementary petition shall comply with all the requirements of Section 3 and 4 ofthis article. 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 of the 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. 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%) ofthe 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 ofthe 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. 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 suniving 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ON TIDS THE 24TH DAY OF FEBRUARY, 1998. 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