0797
ORDINANCE NO. 797
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, CALLING A
SPECIAL ELECTION FOR MAY 5, 2001, FOR THE PURPOSE OF
AMENDING THE CITY CHARTER; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, it is the intention of the City Council to call a special election to submit
proposed amendments to the City Charter to the voters in accordance with Section 9.004 of the
Texas Local Government Code; and
WHEREAS, an election to submit to the voters proposed amendments to the city charter
is required by law to be held on a uniform election date; and
WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the
first Saturday in May shall be a uniform election date.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, THAT:
SECTION 1.
The City Council does hereby, on its own motion, order a special election to submit to the
voters of Southlake proposed amendments to the City Charter as set forth in Exhibit A, attached
to and incorporated in this ordinance for all purposes. The election shall be conducted according
to the laws of the State of Texas, and shall be held on May 5, 2001, from 7 :00 a.m. to 7 :00 p.m.
SECTION 2.
The official ballots for said election shall be prepared in accordance with the Texas
Election Code so as to permit the electors to vote "YES" or "NO" on each proposition, with the
ballots to contain such provlslOns, markings and language as required by law, and with the
propositions to be expressed substantially as set forth in Exhibit B, attached and incorporated in
this ordinance for all purposes.
SECTION 3.
The Mayor and City Secretary of the City, in consultation with the City Attorney, are
hereby authorized and directed to take any and all action necessary to comply with provisions of
the Texas Election Code or other state and federal statutes and constitutions in carrying out the
conduct of the election, whether or not expressly authorized herein.
SECTION 4.
The procedures for the special election for the purpose of amendment to the Home Rule
Charter shall be those contained in Resolution No. 01-003, approved by the City Council on
February 6, 2001. calling a General Election for May 5, 2001, as amended. Notice of the special
election shall be published in the newspaper on the same day in each of two successive weeks,
with the first publication occurring before the 14the day before the date of the election in
accordance with Section 9.004 of the Texas Local Government Code. Additionally, notice shall
be posted no later than April 16, 2001, in the regular place for posting notice of meetings of the
City Council of the City, and shall remain posted continuously through Election Day, May 5,
2001.
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and resolutions of the
City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the contlicting provisions of such ordinances
and resolutions are hereby repealed.
SECTION 6.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence. paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remammg phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage, and it is so
ordained.
PASSED AND APPROVED ON FIRST READING ON THIS L DAY OF
MARCH, 2001.
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ATTEST:
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CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS ~ DA Y OF
MARCH. 2001.
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APPROVED AS TO FORM AND LEGALITY:
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CiTY SECRETARY
EXHIBIT" A"
PROPOSED CITY CHARTER AMENDMENTS
FOR THE MAY 5, 2001 ELECTION
Only the sections or paragraphs being amended are presented below. Sections and
paragraphs not included below remain unchanged. The underlined words are being added to the
Charter, and the words with a line drawn through them are being deleted.
2.02. Elective Officers.
(9)
Tlli }Ullgi Qf tlli MuAigipal CQurt sllall bi iligtill wr tbni (1) yiar tirAU; Tbi
muAi~ipal ~Qurt jUligi mud 9i a risiliiAt Qf tlli ~i~'.
2.13. Nepotism.
NQ pirSQA rilatill witbiA tbi EigQAII lIigrii by affiAi~', (Alarriagi 9r law) Qr witbiA
tbi tbirlilligni by gQAEaAguiAi~' (rvlatill by aA~istl)7 Qr 91Q911) tQ aAY iligtill Qffi~ir
9f tbi Ci~', 9r t9 tbi Ci~' MaAagir, Ellall bi apPQiAtili tQ allY 9ffigi, P9Eiti9A Qr
~Iirksbip Qr 9tbir Ein'i~i Qf tbi Ci~', but tbiE pr9bibitiQA sball A9t app~' t9 gffigirS
9r impl9yiis Wb9 lla"i biiA g9AtiAUQUE~' implQYili by tbi Ci~7 fQr A9t liSS fIlaR p¡\\'Q
(1) yian: ßriQr t9 tbi iligtiQA Qr app9iAtmiAt 9f tlli Qffi~ir nlatill iA tbi prQbibitili
lIignEE.
"The City adopts the prohibitions against nepotism as contained in the statutes of the State
of Texas ."
4.01. Administrative Departments.
The head of each department shall be a chief, director, or superintendent who shall be
appointed by the City Manager subject to the approval of the Council and such chief,
director or superintendent shall have Eupin7isiQA aAIi gQAtr91 supervisory authority and
financial control over his department. Two or more departments may be headed by the
same individual and the City Manager may head one or more departments.
5.()2. Judge of the Court.
The City Council shall by ordinance appoint one or more judges of the Municipal Court.
"JUligi Qf tll" MUAigißal CQurt" sllall b" "ligt,,11 by tll" 'Iualifiill "9t"rs ßursuaAt tQ dat"
gtatuti. A ~ Judge shall be a resident of this state, be a citizen of the United States, aA ~
licensed attorney in good standing, licensed to practice in the State of Texas, and must have
two (2) or more years of experience in practicing law in this state. aAIi must Aliit all Qtllir
'IualifiQatiQAE "EtabliEllili by ~iQtiQA 2.04(a)(I), (2), (J), aAIi (4) fQr tlli MaYQr aAIi tlli
Ci~7 CQUA~il. A ~ Judge shall serve for a tllrii (1) two (2) year term. The Council shall
fix the compensation for the Judge~, in accordance with State law. and such compensation
shall never be based on the fines assessed or collected. If a vacancy occurs in the office of a
EXHIBIT A TO ORDINANCE NO, 797
Proposed City CharteT Amendments fOT the May 5, 200] City of Southlake City Charter Election,
PAGE I
municipal judge of a court of record, the city council shall by ordinance appoint a qualified
person to fill the office for the remainder of the unexpired term.
s....o4. :~ 9SiR~i Qf JUligi.
Tbi CQUA~il ~ball apPQiAt aR altirRati JUligi wbQ sball baYi tlli SaRli "IualiY~atiQRs
Qf MuAigipal JUligi aRd wbQ sllall ngiÏ;>¡'i Eugb ~alary a~ lRay 9i yxill 9)' tb"
CQUA~il. IA ~a~i Qf tbi tilRpnary lIisa9i1i~' Qr abSiAgi Qf tbi JUII~i Qf tbi
MuRi~ipal CQuri, ibi altirRati JUIl~i sball llaYi autbQri~' tQ a~t a~ JUligi Qf sKill
~Qurt. Tbi CQuAgilsball by apPQiRtlRiAt fill a Ya~aRgy iR ibi Qft:i~i Qf tbi JUII~i fQr
illi rilRaiRllir Qf tbi uRixpirili tirlR.
+..u
HQllliAg Otbir OfY~i.
If all)' RliIR9ir Qf tbi CQUR~il gllall bi~QlRi a ~aRlliliati fQr ili~tiQR tQ allY pU91i~
Qfygi inipt fQr n ili~tiQR tQ bis ~urnRt pla~i~ bi gball ilRlRiliiati~' UPQA llis
bigQlRiAg a gaRlliliaii fQrfiit llis plagi QR tbi CQURQil.
9.04. Submission.
The City Manager shall submit to the Council a proposed budget and accompanying
message on or before the fiM fifteenth day of August of each year. The Council shall
review the proposed budget and revise it as deemed appropriate prior to the general
circulation for public hearing.
11.04. Purpose and Object of the Planning and Zoning Commission.
The purpose and object of the Planning and Zoning Commission is to act as an advisory
board to the Council in matters designated by ordinance and by state law. Except for
matters relating to city parks which are delegated by the Council to another city board
with responsibilities relating to city parks, and for matters relating to the acquisition of
easement(s) and right-of-ways, the Commission shall advise the Council on matters
relating the zoning, public improvements, civic improvements, city planning, opening,
widening, and changing of streets, routing of public utilities, controlling and regulating
tramc upon the public streets and ways of the City and such other matters relating to City
improvements as the Commission and the Council may deem beneficial to the City.
EXHIBIT A TO ORDINANCE NO. 797
Proposed City Charter Amendments for the May 5.200 I City of Southlake City Charter Election,
PAGE 2
EXHIBIT "B"
PROPOSED CITY CHARTER AMENDMENTS - LIST OF BALLOT
PROPOSITIONS
FOR THE MAY 5, 2001 ELECTION
PROPOSITION NO.1 - Shall the Charter of the City of South lake be amended to be
consistent with State Law with respect to the appointment, qualifications, and salary for the
municipal court judge, the appointment of alternate judge(s) for the municipal court of
record, and to establish a term of office of two (2) years for the judge and alternate judge(s)
of the municipal court of record, amending Section 5.02, and repealing Sections 2.02, and
5.04?
PROPOSITION NO.2 - Shall the Charter of the City of Southlake be amended to provide
that the State law prohibitions regarding nepotism shall apply, by amending Section 2.13?
PROPOSITION NO, 3 - Shall the Charter of the City of South lake be amended to provide
that each administrative department head shall have supervisory authority and financial
control of the department, amending Section 4.01?
PROPOSITION NO.4 - Shall the Charter of the City of Southlake be amended to conform
with State Law with respect to elected officials serving in office until their successors are
elected, repealing Section 7.11?
PROPOSITION NO.5 - Shall the Charter of the City of Southlake be amended to provide
that the City Manager shall submit to the City Council a proposed budget and
accompanying message on or before August fifteenth, amending Section 9.04?
PROPOSITION NO.6 - Shall the Charter of the City of Southlake be amended to provide
that the City Council has the sole responsibility to consider and approve the acquisition of
easements and right-of-ways, amending Section 11.04?
EXHIBIT B TO ORDINANCE NO, 797 Page 1
Proposed City Charter Amendments for the May 5, 2001 City of South lake City Charter Election.
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 189072701
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 3/9/01
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 3/31/01
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 18907270
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn: Publication Date: 3/9/01
t
CITY OF SOUTHLAKE,TEXAS NOTIC I358 1 47 47 LINE $6.10 $286.76
Sales D' — CITY OF ($248.69)
SOUTHLAKE,
TEXAS
NOTICE was hereby
given to all interested
Cpersons that the City
ouncil of the City of
outhlake,Texas.will Net Amount: $38.07
be holding a Pubkc
hearing during the
reggular city council
meting to bye held on
March 20, 2001, at
7:00 p.m. The meet-
ingwill be held in the
Cy Council Cham-
bers of
fSouthn Main
Street, Southlake,
Texas.Purpose of the
hearing will be held
regarding the follow-
s DRDINANCE NO.
797
THORDINANCE F O
SOUTHLAKE TEX-
AS CALLING A
SPECIAL ELECTION
FOR MAY 5 2001
FOR THE PURPOSE'
N STE CIF TY CHARTER
PROVIDING THAT
COMM THIS ORDINANCE
SHAL BE CUMULA-
TIVE OF ALL ORDI-
Befor NANCES PROVID- Countyy personally appeared Shalini Doss, Bid and Legal Coordinator, for the Star-
Telegr S�VERA lLl- nd for said and State,this da
PR OVIDINGEA.NAEFD- -Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attach FECTIVE DATE ement waspublished in the above named paper on the listed dates:
Sandra L. LeGrand P P
City Secretary
City of • •
Southlake. Texas I Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday,March 2, 1. )
Notary Public (1---K
f_,�, ,t C RI$TY OLLAND
• MY COMMISSION EXPIRES
Thank You For Your Payment DULY 31,2004
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 189072701
Invoice Amount: $38.07
PO Number:
Amount Enclosed: 1 I
INVOICE
Star-Telegram Customer ID: CIT57
400 w.7th Street Invoice Number: 189871911
FORT WORTH,TX. 76102
(817)390-776 Invoice Date: 3/23/01
Federal Tax :D 22.3148254 Terms: Net due in 21 days
Due Date: 3/31/01
Bill To:
p0 Number:
CC Y.OF SCUTHL.AKE
14(0 MAIN(1T Order Number: 18987191
440 Sales Rep: 073
SOi 1THLAKE, TX: 76092-7604 Description: CITY OF SOUTHLA
Attn: PAT1CK PO-1 !z 13'ubl1_c?ton Date: 3/23/01
01tti00,6ri Location Col :depth j_,.n ag;;; ,T Rate Amount
CITY 1 ^.K_F:, TEXAS ORDLN I35 , 1 40 40 LINE $6.11 $244.20
Sales 1 )an, ($211.80)
CITY OF
SOTEXASXE
ORDINANCE
NO. 797
likORDINITYANCE OF Net Amount: $32.40
C OF
UTHLAKE TEX-
CALLIIG A
SPECIAL ELECTION
FOR MAY 5,FOR THE PURPOS1E
OF AMENDING THE
CITY CHARTER
PROVIDING THAT'
THIS ORDINANCE
SHALL BE CUMULA-
TIVE OF ALL ORDI-
NANCES PROVID-
ING A SEVERABILI-
TY CLAUSE' AND
PROVIDING AN EF-
FECTIVE DATE.
PASSED AND AP-
PROVED BY THE
CITY COUNCIL OFF
OU STHLAKE TEX
0TH
DAYOOF N HMAIs RCH,
N 2001.
MAYOR RICK STACY
LOt
ATTEST
SANDRA L
LEG RAND
Bef AITY PPROVED As YT hi and for said County and State,this day personally appeared Shalini Doss, Bid and Legal Coordinator, for the Star-
Tel E°L EN TAYLOR. Star-Telegraln, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn, did depose and say that the
att..CITY ATTORNEY rtisement was published in the above named paper on the listed dates:
� /
Signed C1�QQ-
SL.l` i:D.LI.L alth TO 3EFO: E ME,THIS Monday,Ma it 001.
6-/
Notary Public
►" \ CHRISTY L.HOLLAND
MY COMMISSION EXPIRES i.
Thank jou For\ our Payment v rt�','. JULY 31,2004
Rem.t ! o: c.dram Customer ID: CIT57
C=. 'D:;.901051 Customer Name: CITY OF SOUTHLAKE
,'DRTH, TX 76101-2051 Invoice Number: 189871911
Invoice Amount: $32.40
PO Number:
Amount Enclosed: $
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 185014051
FORT WORTH,TX 76102 Invoice Date: 12/21/00
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 12/31/00
Bill To: PO Number:
CITY OF SOUTHLAKE Order Number: 18501405
667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: CITY OF SOUTHLA
Publication Date: 12/21/00
Description Location Col Depth Linage MU Rate Amount_
CITY 0 SOUTHLOF INANCE NO I358 1 56 56 LINI-: $5.8 1 $325.24
ORDINANCE
NO. 797
. AN ORDINANCE au- ($279.88)
Sales D. thorizing the issuance
of "CITY OF SOUTH-
LAKE, TEXAS, TAX
AND TAX INCRE-
MENT REVENUE
CERTIFICATES OF
OBLIGATION, SE- $45 Q,5.36
L
RIES 2000-E ( REIN- Net Amount:
VESTMENT ZONE
NUMBER ONE )";
specifying the terms
and features of said
certificates; providing
for the payment of said
certificates of obliga-
tion by the levy of an
ad valorem tax upon
all taxable property
within the City and a
lien on and pledge of
the certain tax Incre-
ment revenues; and
resolving other mat-
ters incident and re-
lating to the issuance,
payment, ecurity
sale and delsivery of
said Certificates, in-
cluding the approval
and execution of a
Paying Agent/
Registrar Agreement
and the approval and
N Si distribution of an Offi-
cial Statement; and
COUn providing an effective
date.
PASSED AND AP-
Befor 5thO DAVDOF DECEM-id for said Countyand State,this day
y personally appeared Shalini Doss, Bid and Legal Coordinator, for the Star
Tele: THE REGULAR c Tv Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attac COUNCIL MEETING.ment was published in the above named paper on the listed dates:
Rick Stacy • /1
ATTEST: Sandra L. '{/It-(/ ///1 ,trA`/'''J{/I-r/,
•
Secretary
Signed [�y�(J c/
City Secretary
APPROVED AS TO
SUBS ITIRS/Ir E. Allen Tay-D BEFORE ME,THIS Friday, Decem er 2000.
Notary Public
"..""",,"" CHRISTY L.HOLLAND
Thank You For Your Payment '- MY COMMISSION EXPIRES
__JULY-31,2004
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 185014051
Invoice Amount: $45.36
PO Number:
Amount Enclosed: $
INVOICE
Star-Telegram Customer ID: C1T57
400 W.7th Street invoice Number: 182982301
FORT WORTH,TX 76102 Invoice Date: 11/12/00
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 11/30/00
Bill To: PO Number:
CITY OF SOUTHLAKE Order Number: 18298230
667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: CITY OF SOUTHLA
Publication Date: 11/12/00
sue, xn3 .*v': ,, ' #„ h44 -p',;'?s 'r?,',=w-a .- n: , .,,.7'.',. ._' .. '• _,_,e.,.,
CITY OF SOUTHLAKE,TEXAS TAX AND TAX INCRE- tive date. ber 15, 2000 and No- $6.44 $611.85
MENT REVENUE CERTIFI- WHEREAS, notice of the vember 22, 2000, the
CCATES ET ES OF OBLIGATI N, City Council's intention to date of the first publica-
issue certificates of obli- tion of such notice being.
Sales Discount - - _ (REINVESTMENT NE gation in a maximum prin- not less than fifteen (15) ($484.55)
NUMBER ONE)"; sp rfy- cipal amount of days prior to the tenta-
souTHLAICE,OF
ing the terms an a- S3,630,000 for the pur- tive dte stated therein
NOTICE was hereby given tures of said certifi a s; poses of paying contrac- for the second reading
to all interested persons providing for th ay- tual obligations to be in- and final passage of the
that the. City Council of ment of said certificates curved for (a) the con- ordinance authorizing the
the Ci of Southlake, of obligation by the levy struction of public works issuance of such certifi-
n'. of an ad valorem tax up- in Reinvestment Zone cates; and $127.30
Texas, will be holding a on all taxable property Number One, to wit: ac- Sandra L. L.Grand it:public hearing during tee within the City and a hen quiring, constructing and Sky Secretary
regular city council meet- on and pled a of the cer- equipping a new city hall, C of
ing to be held on Decem- tau, tax incrementg reve- incldwng related site im- Soouuthlake, Texas
ber T 2 eef at II be Hues; and resolving other provements and landscap-
p m. The meetin{ will be matters incident and re- ing and (b) professional
Chambers in the City Council lating to the insurance, services rendered in rela-
7North of City AvAve, payment, security, sale tion to such project and
667 Carroll Texas.
and delivery of said Cer- the financing thereof, has
Purpose
eouthlake, Texas- tificates, including the ap- been duly published in
will
urpose of the hearing proval and execution of The Fort Worth Star-Tele-
the 11 held regarding a Paying Agent/Registrar gram, a newspaper here-
the following Agreement and the ap- by fWrnd and determined
ORDINANCE NO. 797 proval and distribution of to be of eneral circula-
Ain ORDINANCE aft"C"CITY
n Official Statement; lion in the City of South-
ing the issuance of CITY and providing an effec- lake, Texas, on Novem-
OF SOUTHLAKE, TEXAS,
THE STATE OF TEXAS
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
Telegram, published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being dul sworn,did depose and say that the
attached clipping of an advertisement was published in the above named paper can the lis dates:
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,Nov miner;14,2000.
Notary Public
�•�►" '"''' CHRISTY L.HOLLAND
MY COMMISSION EXPIRES
Y
Thank You For Your Payment '�°'�?► ' JULY 31,2004
Remit To: Star-Telegram stomer Ii : CIT57
P.O. Box 901051 _ stomer I\ me: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Dice Nur_ber: 182982301
• oice Am-:,unt: $127.30
• Number-
,
=ount En:-fosed: $ 1