Ordinance 1992-02
ORDINANCE NO. ~~ -~
,
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ORDERING THAT PROPOSED
AMENDMENTS TO THE CITY CHARTER BE SUBMITTED TO THE CITY'S
QUALIFIED VOTERS; ORDERING AN ELECTION FOR SUCH PURPOSES TO BE
HELD ON THE SECOND DAY OF MAY, 1992, IN CONJUNCTION WITH THE
CITY'S ANNUAL ELECTION, TO DECIDE WHICH OF SAID AMENDMENTS SHALL
BE APPROVED; WITH THE PROPOSED AMENDMENTS BEING SET FORTH IN TEN
SEPARATE PROPOSITIONS TO SECTIONS OF THE WYLIE CITY CHARTER;
SECTIONS 8 AND 15 OF ARTICLE 3, SECTION 1 PARAGRAPH D OF ARTICLE
4, SECTION 1 PARAGRAPH E IN SECTION 7 OF ARTICLE 4, SECTION 1 OF
ARTICLE 5, AND TWO SEPARATE PORTIONS OF SECTION 2 IN ARTICLE 5,
TWO SEPARATE PORTIONS OF SECTION 8 OF ARTICLE 7, SECTION 1 OF
ARTICLE 8 AND SECTION 14 OF ARTICLE 11; DESIGNATING THE POLLING
PLACES FOR THE ELECTION; AND ORDERING NOTICES OF ELECTIONS TO BE
GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has received recommendations from
its Charter Review Committee requesting certain amendments to the
Wylie City Charter; and,
WHEREAS, the Wylie City Charter
allows for such amendments as does
Government Code; and,
in Section 26 of Article 11
Chapter 9 of the Texas Local
WHEREAS, the City Council has determined that the proposed
amendments should be submitted to the qualified voters for
approval at the time of the May 2, 1992 General City Election;
NOW, THEREFORE,
CITY OF WYLIE, TEXAS,
BE IT ORDAINED BY
as follows:
THE CITY COUNCIL OF THE
1. An election is hereby ordered to be held in conjunction
with the City's annual General Election, in and throughout the
City of Wylie, Texas, on Saturday, the 2nd day of May, 1992,
between the hours of 7:00 a.m. and 7:00 p.m., said date being
the first authorized uniform election date prescribed by the
Texas Election Code that allows sufficient time to comply with
other requirements of law occurring on or after 30 days
subsequent to the adoption of this ordinance; at which time there
shall be submitted to the qualified voters of the City of Wylie
the following propositions for amendment to the Charter of the
City of Wylie, Texas:
Proposition No.1: Shall Article 3, Sections 8 and 15 of
the City Charter be amended to prevent the City Council,
or its members, from making inquiry of City Officers and
employees who are under the direction of the City Manager,
except for the purposes of investigation as otherwise
provided in the Charter?
Proposition No.2: Shall Article 4, Section 1, paragraph
"D" of the City Charter be amended to provide that no member
of the City Council shall serve as Acting City Manager?
Proposition No.3: Shall Article 4, Section 1, paragraph
"E" and Article 4, Section 7 of the City Charter be amended
to provide that the City Manager has the power to
appoint and remove all City employees not appointed by
the City Council including department heads, without the
approval or review of the City Council?
Proposition No.4: Shall Article 5, Section 1 of the City
Charter be amended to provide regular city elections will be
held annually in accordance with the Texas Election Code?
Proposition No.5: Shall Article 5, Section 2 of the City
Charter be amended to prevent a person from holding an
elective office with the City from filing for another
elective office without resigning their current office?
Proposition No.6: Shall Article 5, Section 2 of the City
Charter be further amended to require a candidate for
elective office to file a petition signed by the greater of
twenty-five persons or the number of persons equal to one-
half of one percent of the votes cast for the Mayor in the
Mayoral general election?
Proposition No.7: Shall Article 7, Section 8, paragraph "B"
of the City Charter be amended to specifically provide for
the authority to issue Certificates of Obligations and
provide notice and procedure therefore in accordance with
Chapter 271 of the Texas Local Government Code?
Proposition No.8: Shall Article 7, Section 8 of the City
Charter be amended to provide that no bonds, or in the
event sufficient protest is received ~ certificates of
obligation shall be issued without an election?
Proposition No.9: Shall Article 8, Section 1 of the City
Charter be amended to provide a limitation against
an individual simultaneously serving on more than two
appointive boards or one appointive board if it is the
Planning and Zoning Commission?
Proposition No. 10: Shall Article 11, Section 14 of the City
Charter be amended to provide the words "in arrears", as
used in this section to have the same meaning as defined in
Article 5, Section 2 of the Charter?
2. The ballots for said election shall be prepared by the
City Secretary in conformity with the requirements of the Texas
Election Code, shall be substantial as set forth in Exhibit "A"
attached hereto and incorporated herein by reference.
3. The location of the polling places for such elections
shall be the first United Methodist Church Fellowship Hall and
the Southfork Mobile Home Park, Clubhouse.
4. Early voting by personal appearance will be conducted
each week day at 2000 Highway 78 North, Wylie, Texas in the City
Secretary's office of the Municipal Complex, between the hours of
8:00 a.m. and 5:00 p.m. beginning on the 13th day of April, 1992
and ending on the 28th day of April, 1992, and such additional
early voting as the City Secretary may hereafter prescribe in
accordance with the Texas Election Code. Applications for ballot
by mail shall be mailed to:
Carolyn Jones, City Secretary, Early Voting Clerk
P. O. Box 428
Wylie, Texas 75098
Applications for ballots by mail must be received no later than
the close of business on April 24, 1992.
s. The City Secretary is hereby authorized and directed to
publish and/or post in the manner and time prescribed by law, all
notices required to be published and/or posted in connection with
the conduct of this election.
6. This ordinance shall take effect immediately from and
after its passage and the publication of the caption as the law
and the City Charter provide in such cases.
DULY PASSED AND APPROVED by the City Council of the City of
Wylie, Texas, this 1/ day of February, 1992.
ATTEST:
APPROVED AS TO FORM:
Steven P. Deiter, City Attorney
City of Wylie, Texas
"' 1\
'A II
BY~v
J!o h n W.
i;;'.
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Akin, Mayor
NOTICE OF GENERAL ELECTION
To the Registered Voters of the City of Wylie, Texas:
Notice is hereby given that the polling places listed below
will be open from 7:~~ A. M. to 7:~~ P. M. on May 2, 1992
for voting in a general election for Mayor and Three Council
~Member~~ Place 2, Place 4, and Place 6 and Ten (l~)
Propositions as follows:
PROPOSITION NO.1: Shall Article 3, Sections 8 and 15 of
the City Charter be amended to prevent the City Council, or
its members, from making inquiry of City Officers and
employees who are under the direction of the City Manager,
except for the purposes of investigation as otherwise
provided in the Charter?
PROPOSITION NO.2: Shall Article 4, Section 1, paragraph
liD II of the City Charter be amended to provide that no member
of the City Council shall serve as Acting City Manager?
PROPOSITION NO.3: Shall Article 4, Section 1, paragraph
IIEII and Article 4, Section 7 of the City Charter be amended
to provide that the City Manager has the power to appoint
and remove all City employees not appointed by the City
Council including department heads, without the approval or
review of the City Council?
PROPOSITON NO.4: Shall Article 5, Section I of the City
Charter be amended to provide regular city elections will be
held annually in accordance with teh Texas Election Code?
PROPOSITION NO.5: Shall Article 5, Section 2 of the City
Charter be amended to prevent a person from holding an
elective office with the City from filing for another
elective office without resigning their current office?
PROPOSITION NO.6: Shall Article 5, Section 2 of the City
Charter be further amended to require a candidate for
elective office to file a petition signed by the greater of
twenty-five persons or the number of persons equal to one-
half of one percent of the votes cast for the Mayor in the
Mayoral general election?
PROPOSITION NO.7: Shall Article 7, Section 8, paragraph
IIBII of the City Charter be amended to specifically provide
for the authority to issue Certificates of Obligations and
provide notice and procedure thereforein accordance with
Chapter 271 of the Texas Local Government Code?
PROPOSITION NO.8: Shall Article 7, Section 8 of the City
Charter be amended to provide that no bonds, or in the event
sufficient protest is received, certificates of obligation
shall be issued without an election?
PROPOSITION NO.9: Shall Article 8, Section 1
Charter be amended to provide a limitation
individual simultaneously serving on more
r.linnn;n~;Ut:ll nn;=trnc::: "',.. f"'\no ~n1"""\r\;'I""\~;n_ "'_-._~ .:. t
of the City
against an
than two
" .....
Early voting by personal appearance will be conducted each
weekday at 2000 Highway 78 North, City Hall in the City
Secretary's Office between the hours of 8:00 A. M. and 5:00
P. M. beginning on April 13, 1992 and ending on April 28,
1992.
Applications for ballot
by mail shall be mailed to:
Carolyn Jones, City Secretary
Early Voting Clerk
POBox 428
Wylie, Texas 75098
Applications for ballots by mail must be received no later
than the close of business on April 24, 1992.
Issued this the 11th day of February, 1992.
John W. Akin, Mayor
ORDER OF ELECTION FOR MUNICIPALITIES
An election is hereby ordered to be held on May 2, 1992 for
the purpose of:
ELECTION OF A MAYOR AND THREE (3) COUNCIL MEMBERS; PLACE 2,
PLACE 4 AND PLACE 6 AND TEN (10) PROPOSITION AS FOLLOWS:
PROPOSITION NO.1: Shall Article 3, Sections 8 and 15 of
the City Charter be amended to prevent the City Council, or
its members, from making inquiry of City Officers and
employees who are under the direction of the City Manager,
except for the purposes of investigation as otherwise
provided in the Charter?
PROPOSITION NO.2: Shall Article 4, Section 1, paragraph
"D" of the City Charter be amended to provide that no member
of the City Council shall serve as Acting City Manager?
PROPOSITION NO.3: Shall Article 4, Section 1, paragraph
"E" and Article 4, Section 7 of the City Charter be amended
to provide that the City Manager has the power to appoint
and remove all City employees not appointed by the City
Council including department heads, without the approval or
review of the City Council?
PROPOSITON NO.4: Shall Article 5, Section 1 of the City
Charter be amended to provide regular city elections will be
held annually in accordance with teh Texas Election Code?
PROPOSITION NO.5: Shall Article 5, Section 2 of the City
Charter be amended to prevent a person from holding an
elective office with the City from filing for another
elective office without resigning their current office?
PROPOSITION NO.6: Shall Article 5, Section 2 of the City
Charter be further amended to require a candidate for
elective office to file a petition signed by the greater of
twenty-five persons or the number of persons equal to one-
half of one percent of the votes cast for the Mayor in the
Mayoral general election?
PROPOSITION NO.7: Shall Article 7, Section 8, paragraph
"B" of the City Charter be amended to specifically provide
for the authority to issue Certificates of Obligations and
provide notice and procedure thereforein accordance with
Chapter 271 of the Texas Local Government Code?
PROPOSITION NO.8: Shall Article 7, Section 8 of the City
Charter be amended to provide that no bonds, or in the event
sufficient protest is received, certificates of obligation
shall be issued without an election?
Early voting by personal appearance will be conducted
each weekday at 2000 Highway 78 North, Wylie, Texas, between
the hours of 8:00 A. M. and 5:00 P. M. beginning on
April 13, 1992 and ending on April 28, 1992.
Applications for ballot by mail shall be mailed to:
Carolyn Jones, City Secretary
Early Voting Clerk
POBox 428
Wylie, Texas 75098
Applications for ballots by mail must be received no later
than the close of business on April 24, 1992.
Issued this the 11th day of February 1992.
John W. Akin, Mayor
ORDER FOR ADDITIONAL EARLY VOTING
For
the
General Election for Mayor and Three Council
Members, Place 2, Place 4 and Place 6 and Ten (10)
Proposition as follows:
PROPOSITION NO.1: Shall Article 3, Sections 8 and 15 of
the City Charter be amended to prevent the City Council, or
its members, from making inquiry of City Officers and
employees who are under the direction of the City Manager,
except for the purposes of investigation as otherwise
provided in the Charter?
PROPOSITION NO.2: Shall Article 4, Section 1, paragraph
"0" of the City Charter be amended to provide that no member
of the City Council shall serve as Acting City Manager?
PROPOSITION NO.3: Shall Article 4, Section 1, paragraph
"E" and Article 4, Section 7 of the City Charter be amended
to provide that the City Manager has the power to appoint
and remove all City employees not appointed by the City
Council including department heads, without the approval or
review of the City Council?
PROPOSITON NO.4: Shall Article 5, Section 1 of the City
Charter be amended to provide ~egular city elections will be
held annually in accordance with teh Texas Election Code?
PROPOSITION NO.5: Shall Article 5, Section 2 of the City
Charter be amended to prevent a person from holding an
elective office with the City from filing for another
elective office without resigning their current office?
PROPOSITION NO.6: Shall Article 5, Section 2 of the City
Charter be further amended to require a candidate for
elective office to file a petition signed by the greater of
twenty-five persons or the number of persons equal to one-
half of one percent of the votes cast for the Mayor in the
Mayoral general election?
PROPOSITION NO.7: Shall Article 7, Section 8, paragraph
"B" of the City Charter be amended to specifically provide
for the authority to issue Certificates of Obligations and
provide notice and procedure thereforein accordance with
Chapter 271 of the Texas Local Government Code?
PROPOSITION NO.8: Shall Article 7, Section 8 of the City
Charter be amended to provide that no bonds, or in the event
sufficient protest is received, certificates of obligation
shall be issued without an election?
PROPOSITION NO.9: Shall Article 8, Section 1
Charter be amended to provide a limitation
individual simultaneously serving on more
appointive boards or one appointive board if
Planning and Zoning Commission?
of the City
against an
than two
it is the
PROPOSITION NO. 10: Shall Article 11, Section 14 of the City
Charter be amended to provide the words "in arrears", as
used in this section to have the same meading as defined in
Article 5, Section 2 of the Charter?
to be held on May 2, 1992 additional Early Voting will be
held as follows:
Location Date Hours
Municipal Complex Apr il 20, 1992 5 P M - 8 P M
and
2000 Hwy. 78 N. April 27, 1992 5 P M - 8 P M
Issued this the 11th day of February, 1992.
Carolyn Jones, City Secretary
Election Administrator
THE WYLIE NEWS
P.O. Box 369
Wylie, Texas 75098
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Rita Smith, of THE WYLIE
NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin
County, Texas, who being by me duly sworn deposed and says that the forgoing attached
CITY OF WYLIE - O~di~a~Qe No. 92-2 (ame~dme~z~ zo Qizy Qha~ze~l
Af.J~il 8. 1992
and
, 1993.
~/p
Subscribed and sworn to before me this the
to certify which witness my hand and seal of office.
z
day of ~~ b.v\J
, 1993
ffilli~l.J- r~-
Margaret Cook
Notary Public in and for
The State of Texas
My Commission Expires 9-12-97
Serving Wideawake Wylie Since 1947
Page 4 - Sectloll}J - THE WYLIE NEWS - Wed~esday, AprilS, 1992
LEGAL NOTICES
-. -~
ORDINANCE NO. 92-2 .
LEGAL NOTICES
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ORDERING THAT PROPOSED AMENDMENTS TO
THE CITY CHARTER BE SUBMITTED TO THE CITY'S QUALIFIED VOTERS: ORDERING AN ELECTION
FOR SUCH PURPOSES TO BE HELD ON THE SECOND DAY OF MAY, 1992, IN CONJUNCTION WITH THE
CITY'S ANNUAL ELECTION, TO DECIDE WHICH OF SAID AMENDMENTS SHALL BE APPROVED;
WITH THE PROPOSED AMENDMENTS BEING SET FORTH IN TEN SEPARATE PROPOSITIONS TO SEC-
TIONS OF THE WYLIE CITY CHARTER: SECTIONS 8 AND 15 OF ARTICLE 3, SECTION 1 PARAGRAPH D
OF ARTICLE 4, SECTION 1 PARAGRAPH E IN SECTION 7 OF ARTICLE 4, SECTION 1 OF ARTICLE 5, AND
TWO SEPARATE PORTIONS OF SECTION 2 IN ARTICLE 5, TWO SEPARATE PORTIONS OF SECTION 8
OF ARTICLE 7, SECTION 1 OF ARTICLE 8 AND SECTIO~ 14 OF ARTICLE 11; DESIGNATING THE POLL-
ING PLACES FOR THE ELECTION: AND ORDERING NOTICES OF ELECTIONS TO BE GIVEN AS
PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION, AND PROVIDEING AN EFFECTIVE
DATE.
WHEREAS, the City Council has received recommendations from its Charter Review Committee requesting cer-
tain amendments to the Wylie City Charter; and,
6. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the
law and the City Charter provide in such cases.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11th day of February,
1992.
ATTEST:
J
Secretary
APPROVED AS TO FORM:
Steven P. Deiter, City Attorney
NOTICE OF GENERAL ELECTION
To the Registered Voters of the City of Wylie, Texas:
Notice is heruby given that the polling places listed below
will be open from 7:00 A. M. to 7:00 P. M. on May 2, 1992
for voting in a general election for Mayor and Three Council
Members, Place 2, Place 4, and Place 6 and Ten (I0)
Propositions as follows:
PROPOSITION NO.1: Shall Article 3, Sections 8 and 15 of
the City Charter be amended to prevent the City Council, or
its members, from making inquiry of City Officers and
employees who ,are under the direction of the City Manager,
except for the purposes of investlgation as otherwise
provided in the Charter?
PROPOSITION NO.2: Shall Article 4 Section 1 paragraph
"D" of the City Charter be amended to ~rovide tha~ no member
of the City Council shall serve as Acting City Manager?
PROPOSITION NO.3: Shall Article 4, Section I, paragraph
"E" and Article 4, Section 7 of the City Charter be amended
to provide that the City Manager has the power to appoint
and remove all City employees not appointed by the City
Council Including department heads, without the approval or
City of Wylie, Texas
to prO\lIU" ' tlldt Lne 1..:1 ty Manbger has the power to appoint
and remove all City employees not appointed by the City
Council inclUding department heads, Without the approval Ot
review of the City Council?
PROPOSITON NO.4: Shall Article 5, Section 1 of the Cit~
Charter be amended to provide regulae city elections will bt
held annually in accordance with teh Texas Election Code?
PROPOSITION NO.5: Shall Article 5, Section 2 of the City
Charter be amended to prevent a person from holding ar
elective office .with the City from filing for anotheI
elective offlcei~lthout resigning their current office?
PROPOSITION NO.6: Shall Article 5, Section 2 of the Cit)
Charter be further amended to require a candidate fOI
elective,office to flle a petition signed by the greater 01
twenty-five persons or the number of persons equal to one-
half of one percent of the vot_~s cast for the Hayor In tht
Mayoral general election?
PROPOSITION NO.7: Shall Article 7, Section 8, paragrapt
"s" of the City Chart~r be amended to specifically providt
for the authority to Issue Certificates of Obligations a~c
prOVide notice and procedure thereforein accordance wi t
Chapter 271 of the Texas Local Government Code?
~ROPOSITION NO.8: Shall Article 7, Section 8 of the eit
Cbarter be amended to proy Ide that no bonds, cr in the even'l
~0view of the C\ty Council?
'ROPOSITON NO.4: Shall Article 5, Section 1 of the City
:harter b", amended to provide regular city elections will be
leld annually in dccordance with teh Texas Election Code?
?ROPOSITION NO.5: Shall Article 5, Section 2 of the City
~harter be amended to prevent a person from holding dOl
elective office with the City from filing for another
elective office without resIgning their current office?
PROPOSITION NO.6: Shall Article 5, Section 2 of the City
:harter be further amended to requi re a. candidate for
~lective office to file a petitIon signed by the greater of
twenty-five persons or the number of persons equal to one-
nalf of one percent of the votes cast for the Mayor in the
qayoral general election?
PROPOSITION NO.7: Shall Article 7, Section 8, paragraph
US" of the City Charter be amended to specifically provide
for the authority to issue Certificates of Obligations and
provide notice and procedure thereforein accordance with
Chapter 271 of the Texas Local Government Code?
PROPOSITION NO.8: Shall Article 7, Section 8 of the City
Charter be amended to provide that no bonds, or in the event
sufficient protest is received, certificates of obligation
shall be issued without an election?
PROPOSITION NO.9: Shall Article 8, Section I
Charter be amended to provide a limitation
individual simultaneously serving on more
appointive boards or one appointive board if
Planning and Zoning Commission?
of the CIty
against an
than two
it is the
PROPOSITION NO. 10: Shall Article ll, Section 14 of the City
Charter be amended to provide the words "in arrears", as
used in this section to have the same meading as defined in
Article 5, Section 2 of the Charter?
LOCATION OF POLLING PLACES: First United Methodist Church
Fellowship Hall
Clubhouse - Southfork Mobile Home
Park
Early votIng by ~ersonal appearance will be conducted each
weekday at 2e00 Highway 78 North, City Hall in the City
Secretary's Office between the hours of 8:00 A. M. and 5:00
P. M. beginning on April 13, 1992 and ending on April 28,
19 92.
Applications for ballot
by mall shall be mailed to:
Carolyn Jones, CIty Secretary
Early Voting Clerk
POBox 428
Wylie, Texas 75098
Applications for
than the close of
ballots by
business on
mail must be received no later
~.pril 24, 1992.
Issued ttllS the 11th day of r'ebruary, 1992.
,.... ..t,!".'.;'
1 /' Y' / ,,'/
~ ~ ,d
Jo n~W. Akin, Mayor
ORDER OF ELZCTION FOR HUNICIPALITIES
An election is hereby ordered to be held on May 2, 1992 for
the purpose of:
ELECTION OF A MAYOR AND THREE (3) COUNCIL MEMBERS; PLACE 2,
PLACE 4 AND PLACE 6 AND TEN (10) PROPOSITION AS FOLLOWS:
PROPOSITION NO. I: Shall ^rtlcle 3, Sections 8 and 15 of
the City Charter be amended to prevent the City Council, or
its members, from making Inquiry of CIty Officers and
employees who are under the dIrection of the City Manager,
except for the purposes of Investigation as otherwise
provided in the Charter?
PROPOSITION NO.2: Shall ArtIcle 4, Section 1, paragraph
"0" of the CIty Charter be amended to provide that no member
of ttle CIty Council shall serve as Actln<j City Manager?
PROPOSITION NO.3: Shall ArtIcle 4, SectIon I, paragraph
"E" and Article 4, Section 7 of the City Charter be amended
Hufllclcnl protest i9 received, certl!lcatcs o! obll9~tl0n
shall be issued without an election?
PROPOSITION NO.9: Shall Article 8, Section 1
c:r,:a7te--r-'O-e aIne nded to pr ov ide a 1 i m ita ti 0 n
Individual simultaneously servIng on more
appointive boards or one appointive board if
Planning and Zoning Commission?
of the Ci ty
against an
than two
it is the
PROPOSITION NO. 10: Shall Article ll, Section 14 of the City
Charter be arn"ndti'O to provIde the words "In arrear..", as
used in this suction to have the same meading liS defIned in
Article 5, Section 2 of the Chllrter?
Early voting by personal appearance will be conducted
each weekday at 20~~ Hlgh~ay 78 North, wylie, Texlls, between
the hours of 8:00 A. M. and 5:00 P. M. beginning on
April 13, 1992 and ending on April 28,1992.
Applications for ballot by mail shall be mailed to:
Carolyn Jones, City Sec-~tary
Early Voting Clerk
POBox 428
Wylie, Texas 75098
Applications for ballots by mail must
be received
no later
than the close of business on April 24, 1992.
Issued this the 11th day of February 1992.
;"1 ,,-
I / , , / // v' ~
\~.~ /"Z. ,It" /).- l t.ll..
John W. Akin,
.61
1'(' ,
Kayol
ORDER FOR AOOITIOMAL EARLY VOTING
For
the
General Election for Mayor and Three Counci:
Members, Place 2, place 4 and place 6 and Ten (Ill:
proposition as follows:
PROPOSITION NO.1: Shall Article 3, Sections 8 and 15 0:
the City Charter be amended to prevent the City Council, 0
its members, from making inquiry of City Officers ani
employees who are under thp. direction of the City Manager
except for the purposes of investigation as otherwis,
provided in the Charter?
PROPOSITION NO.2: Shall Article 4, Section 1, paragrap
"0" of the City Charter be amended to prOVide that no membe
of the City Council shall serve as Acting City Manager?
PROPOSITION NO.3: Shall Article 4, Section 1, paragrap
"E" and Article 4, Section 7 of the City Charter be amende
to provide that the City Manager has the power to appoin
and remove all City employees not appointed by the Cit
Council including department heads, without the approval 0
review of the City Council?
PROPOSITON NO.4: Shall Article 5, Section 1 of the Cit
Charter be amended to provide regular city elections will t
held annually in accordance with teh Texas Election Code?
PROPOSITION NO.5: Shall Article 5, Section 2 of the Cit
Charter be am~ded to prevent a person from holding .
elective office with the City from filing for anotht
elective office without resigning their current office?
PROPOSITION NO.6: Shall Article 5, Section 2 of the Cil
Charter be further amended to require a candidate fc
elective office to file a petllion signed by the greate,r c
twenty-five persons or the number of persons equal toonl
half of one percent of the votes cast for the Mayor in tl
Mayoral general election?
PROPOSITION NO.7: Shall Article 7, Section 8, paragral
"a" of the City Charter be amended to specifically provi(
for the authority to issue Certificates of Obligations al
provide notice and procedure thereforein accordance wi'
Chapter 271 of the Texas Local Government Code?
ORDER DECLARING ADOPTION OF CHARTER AMENDMENTS
WHEREAS, the governing body of the City of Wylie, Texas has
heretofore approved submission of certain amendments to its Home
Rule Charter for consideration by the registered voters at an
election; and,
WHEREAS, at the election duly noticed and held, pursuant to
Ordinance No. ~a , on the 2nd day of May, 1992, eight of the
ten propositions amending the charter passed, with Propositions one
and three being the only ones which did not pass; and ,
WHEREAS, the governing body of the City of Wylie has heretofore
met on the 5th day of May, 1992, to canvas the results of such
election and declared the same to be official; and,
WHEREAS, Sec. 9.05b of the Local Government Code provides that
such amendments are not effective until such time as the governing
body enters an order declaring the amendments as being adopted;
and,
WHEREAS, governing body desires to enter such an order
declaring the amendments as adopted;
NOW, THEREFORE BE IT HEREBY ORDERED THAT THE FOLLOWING
AMENDMENTS TO THE WYLIE CITY CHARTER, AS APPROVED BY THE VOTERS OF
THE CITY OF WYLIE ON THE 2nd DAY OF MAY, 1992, ARE HEREBY ADOPTED:
1. The provisions of Article IV Sec. 1 paragraph D shall read
as follows:
"D. ACTING CITY MANAGER
The city manager shall, within thirty (30) days of taking
office, and at appropriate subsequent times, designate by
letter, filed with the city secretary, an alternate to
perform the duties of the city manager in the case of his
absence or disability. The city council shall ratify the
city manager's designated alternate. During the absence
or disability of the city manager, the city council may
revoke such designation and appoint another person to
serve as acting city manager until the city manager shall
return or his disability shall cease. The acting city
manager shall be a qualified administrative officer of
the city at the time of his designation. No member of
the city council shall serve as acting city manager.
2. The provisions of Article V Section 1 A shall read as
follows:
"A. Election Schedule
The regular city election will be held annually in accordance
with the Texas Election Code. The City Council shall be
responsible for specifications of places for holding of such
elections."
3. The provisions of Article V Section 2 shall read as
follows:
"A. Candidate Qualifications
Each candidate for an elective office shall meet the following
qualifications:
Shall be a qualified voter of the city.
Shall have resided for at least twelve (12) months
preceding the election within the corporate limits of the
city,including territory annexed prior to the filing
deadline.
Shall not, after notice of any delinquency , be in
arrears in the payment of any taxes or other liabilities
due the city. "In arrears" is defined herein to mean
that payment has not been received within ninety (90)
days from due date .
An incumbent city councilman seeking re-election must
file for the same place position number currently being
served .
No candidate may file in a single election for more than
one (1) office or place position as provided by this
charter .
No employee of the city shall continue in such position
after filing for an elective office provided for in this
charter.
Shall not concurrently hold an elective office with the
city other than the one being filed for.
B. Petition Required
Every person desiring to file for elective office with
the city shall first present to the City Secretary a
sufficient petition signed by a minimum of the greater of
the following:
a) 25 persons; or
b) a number of persons equal to one-half of one percent
of the total vote received by all candidates for
Mayor in the most recent mayoral general election
who are qualified voters in the City.
4. The provisions of Article VII Section 8 shall read as
follows:
"A. The Right to Borrow
The City shall have the right and power, except as
prohibited by law or this charter, to borrow money by
whatever method it may deem tobe in the public interest.
"B. General Obligation Bonds
The City shall have the power to borrow money on the
credit of the city and to issue general obligation bonds
for permanent public improvements or for any other
purposed not prohibited by law and this charter, and to
issue refunding bonds to refund outstanding bonds
previously issued. All such bonds shall be issued in
conformity with the laws of the State of Texas and shall
be used only for purposes for which they were issued.
"C. Revenue Bonds
The city shall have the power to borrow money for the
purpose of constructing, purchasing, improving, extending
or repairing of public utilities, recreational facilities
or any other self-liquidating municipal function not
prohibited by the constitution and laws of the State of
Texas, and to issue revenue bonds to evidence the
obligation created thereby. Such shall be a charge upon
and payable from the properties, or interest therein
pledged, or the income therefrom, or both. The holders
of the revenue bonds shall never have the right to demand
payment thereof out of monies raised or to be raised by
taxation. All such bonds shall be issued in conformity
with the laws of the State of Texas and shall be used
only for the purpose for which they were issued.
"D. Certificates of Obligation
The city shall have the power to issue certificates of
obligation in conformity with Chapter 271 of the Texas
Local Government Code as the same now exists or is
hereafter amended. Provided, however, that the published
notice of intention to issue certificates, as provided
for in said Chapter 27 1 shall , in addition to language
required by Section 271.49, also contain the following
statement:
THE PROPOSED CERTIFICATES OF OBLIGATION WILL BE ISSUED
WITHOUT FURTHER NOTICE AND WITHOUT APPROVAL OF THE VOTERS
OF THE CITY UNLESS A SUFFICIENT PETITION, SIGNED BY AT
LEAST 5% OF THE QUALIFIED VOTERS OF THE CITY, PROTESTING
THE ISSUANCE OF THE CERTIFICATES OF OBLIGATION IS FILED
WITH THE CITY SECRETARY, WITHIN 30 DAYS FROM THE FIRST
PUBLICATION OF THIS NOTICE, PRIOR TO CONSIDERATION OF
THIS MATTER BY THE WYLIE CITY COUNCIL AT THE ABOVE TIME
AND DATE. IN THE EVENT OF THE TIMELY FILING OF A
SUFFICIENT PETITION THE CITY COUNCIL MAY NOT AUTHORIZE
ISSUANCE OF THE CERTIFICATES OF OBLIGATIONS UNLESS THE
ISSUANCE IS FIRST APPROVED AT AN ELECTION.
"E. Election Required
Any general obligation bond, revenue bond, and in the
event sufficient petition is received, certificates of
obligation, shall not be issued without an election. The
city council shall prescribe, in accordance with article
701 of Vernon's Annotated Civil Statutes and other
applicable State Law, the city procedure for calling and
holding such elections.
Therefore, the city shall prescribe the procedure for
calling and holding such elections, shall define the
voting precincts and shall provide for the return and
canvass of the ballots cast at such elections. If, at
such election, a majority of the vote shall bein favor
of creating such a debt or refunding outstanding valid
bonds of the city, it shall be lawful for the city
council to issue bonds as proposed in the ordinance
submitting same but if a majority of the vote polled
shall be against the creation of such debt or refunding
such bonds, the city council shall be without authority
to issue the bonds. In all cases when the city council
shall order an election for the issuance of bonds of the
city, it shall, at the same time, submit the question
whether or not a tax shall be levied upon the property in
the city for the purpose of paying the interest on the
bonds and to create a sinking fund for their redemption.
5. 5. The provisions of Article VII Section 1 shall read
as follows:
"A. General
The City Council shall create, establish or appoint as
may be required by the laws of the State of Texas or this
charter, such boards, commissions and committees as it
deems necessary to carry out the functions, and
obligations of the city. The city council shall, by
ordinance, prescribe the purpose, composition, function,
duties, accountability and tenure of each board,
commission and committee, where such are not prescribed
by law or this charter. The city council may, by
ordinance, consolidate the functions of the various
boards, commissions or committees enumerated in this
article.
"B. Limitation on Service
No person shall be appointed to or serve on more than two
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.
6. The provisions of Article XI Section 14 shall read as
follows:
" Section 14: Persons Indebted to the City shall not Hold
Office or Employment.
No person shall be qualified to hold a municipal office
who is, or becomes while in service, in arrears in the
payment of taxes or other liabilities due the city,
provided they have received notice of the same (in
arrears in this section shall have the same meaning as
defined in Article V, Section 2 of this Charter).
IT IS SO ORDERED BY THE WYLIE CITY COUNCIL THIS 26th DAY OF
MAY, 1992.
~ ~ ~
B Y ' J ~~%~'C/
hn W. Akin
~2~Iayor
Attest:
Caroly ne
City ~ec et r