HomeMy WebLinkAboutResolution 1974-007
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RESOLUTION NO. 74-7
WHEREAS~ after due notice, an election was held June 25, 1974 to vote on
amendments to the Charter; and
WHEREAS, the City Council has met and canvassed the votes cast in such
election:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
Section 1. THAT on the amendments to the North Richland Hills Charter submitted
at such election, votes were cast as follows:
YES NO
1. Shall Section 1, Article III of the NORTH RICHLAND HILLS
Charter be amended to read as follows:
"Section 1. FORM OF GOVERNMENT
98 46
The municipal government provided by this Charter shall be
known as the "Counci1-Manager Government." Pursuant to
its provisions and subject only to the limitations imposed
by the State Constitution and Statutes, all powers of the City
shall be exercised in the manner prescribed by this Charter,
or if the manner be not prescribed, then in such manner
as may be prescribed by ordinance. II
2. Shall Section 1, Article IV of the NORTH RICHLAND HILLS Charter
be amended to read as follows:
"Section 1. ENUMERATED POWERS NOT EXCLUSIVE
108 38
The enumeration of particular powers by this Charter shall
not be held or deemed to be exclusive, but, in addition to
the powers enumerated therein or implied thereby, or appro-
priate to the exercise of such powers, it it intende~ that
the City shall have~ and may exercise~ all powers of local
self-government, and all powers enumerated in Chapter 13,
Title 28, Article 1175 of the Revised Civil Statutes of the
State of Texas of 1925, and any amendments thereof~ or -any
other powers which, under the Constitution and laws of the
State of Texas, it would be competent for this Charter specif-
ically to enumerate. All powers of the City, whether expressed
or implied, shall be exercised in the manner prescribed
herein, or when not prescribed herein, then in the manner
provided by the general laws of Texas relating to cities and
towns. The City shall have the power to cooperate with the
Federal Government and its agencies, and with the State
Government and its agencies, and with any Political Subdivision,
or agency thereof. II "
3. Shall Section 2, Article V of the NORTH RICHLAND HILLS Charter
be amended to read as follows:
"Section 2. QUALIFICATIONS
Each of the seven Councilmen and the Mayor shall on the date
(ES
NO
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Resolution No. 74-7
election be at least 25 years of age, a citizen of the United States of
America and a registered qualified voter of the State of Texas; shall
reside and shall have resided for at least one year next preceding the
election, at which they are candidates, within the corporate limits of
North Richland Hills; and shall not be in arrears in the payment of
any taxes or other liability due the City, or be disqualified by reason
of any provision of any other section of this Charter~ A member of the
Council ceasing to possess any of the qualifications specified in this
section or any other sections of this Charter~ or convicted of a felony
before or while in office, shall immediately forfeit his office. No
councilman shall hold any other public office except that of Notary
Public, member of the National Guard or any Military Reserve, or a retired
member of the Armed Services.
The City Secretary, under the authority of the City Council~ may
validate the qualifications of each candidate. If any candidate fails
to meet the qualifications as hereinbefore set out in this Charter,
. the City Secretary shall notify that candidate by certified mail~ return
"receipt requested, not later than three (3) days after the filing
deadline, setting forth in specific terms the grounds for disqualification;
then such candidate shall have three (3) days, excluding Saturdays
and Sundays, to become qualified.1I
4. Shall Section 3~ Article V of the NORTH RICHLAND HILLS CHARTER
be amended to require municipal election to be on the first
Saturday in April each even-numbered year rather than the first
Tuesday in April.· . .
5. Shall Section 4, Article V of the NORTH RICHLAND HILLS Charter be
amended to read as follows:
"Section 4. HOURS OF ELECTION
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The polls shall open at each election from seven o·clock A. M.
until seven o'clock P.M.II
6. Shall Section 5, Article V of the NORTH RICHLANO HILLS Charter be
amended to read as follows:
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IISection 5. OFFICIAL BALLOT
The official ballot shall be drawn up by the City Secretary and
appr~ved by the Ci~y Attorney and will contain the names of all qualified
candldates for offlce~ except those who may have been withdrawn deceased
or ~ecom~ ineligibl~.. Names will be pla~ed on the ballot witho~t party
deslgnatl0n and posltl0n on the ballot wlll be determined by a drawing
held by the City Secretary. Filing within time limits shall be as
prescribed by state law. II
7. Shall Section 6, Article V of the NORTH RICHLANO HILLS Charter be
amended to read as follows:
"Section 6. TERMS OF OFFICE
This council and mayor shall hold office for a term of two (2)
years from the date of their election or until a successor is elected.1I
)'E5
NO
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Resolution No. 74-7
8. Shall Section 8, Article V of the NORTH RICHLANO HILLS Charter be
amended to read as follows:
IISection 8. JUDGE OF ELECTION
The City Council shall be the judge of the election and qualification
of its own members and of the mayor, subject to the courts in the case
of contest. The City Council shall as soon as practical after the election
either at a called meeting called for that purpose or at its next regular
meeting date of said council after each regular or special election,
canvass the returns and declare the results of such election. The
candidates receiving the majority number of votes for each office .
shall be declared elected. If such election results in no candidate
receiving a majority of votes cast, it shall be the duty of the mayor to
order a second election for the office or offices in which no candidate
received a majority of votes. Said election to be held not later than
thirty (30) days from the date on which the City Council canvassed
the returns and declared the result. In said second election only the
two candidates receiving the most votes in the first election shall be
eligible to run. In the event one of the two candidates receiving the
most votes in the first election withdraws or dies, a second election
shall not be held for that office, and the other candidate for such
office shall be declared elected, and shall be seated.1I
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9. Shall the NORTH RICHLAND HILLS Charter be amended by adding a
new. Section 9, Article V concerning "VACANCIESII to read as follows:
"Section 9. VACANCIES
In case of a vacancy from any cause in th~ office of mayor or council-
man, the City Council shall order a special election to fill such vacancy,
provided, however, in the case of only one (1) vacancy when there
remains one hundred eighty (180) days or less until the expiration of
the office to be filled, the mayor with the approval of a majority of the
Counci 1 may appoi nt a person to fill such vacancy."
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10.
78 72
11.
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12.
....,-. 77
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Shall Section 6, Article VI of the NORTH RICHLANO HILLS Charter
be amended to delete the requirement that the City Attorney be a
resident of the City of North Richland Hills, Texas. .
Shall the term II CORPORATION COURTI! be changed to the term
IINUNICIPAL COURTI1 and the term I1CITY JUDGEIJ be changed to the
term IINUNICIPAL JUDGE" each place they appear in Article VI,
Section 7 of the NORTH RICHLAND HILLS Charter.
Shall Section 7, Article VI sub-section (1) of the NORTH RICHLAND
HILLS Charter be amended to delete the requirement that the'
·Nuniciwal Judge be a resident of the City of North Richland Hills,
Texe.s.
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Resolution No. 74-7
YES
NO
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13. Shall Section 7; Article VI, Subsection (1) of the..NORTH.'RICHLAUD
HILLS Charter be amended to provide that the Mayor may appoint
one or more qualified persons to act as substitute. or temporary
Municìpal Judge to act in the event the Municipal Judge is unable
to act for any reason or in the event of a vacancy.
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14. Shall Section 3, Article IX of the NORTH RICHLANO HILLS Charter be
amended to read as follows:
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"Section. 3~..GOODS,"ttIATERIALS,: SERVICES OR SUPPLIES
The City or any agent of the City acting for it shall not make any'
contract for goods, materials, services, or supplies for the curre,nt
use of any department of the municipality for more than one year,' except
as in this Charter provided, unless said contract and the cost thereof
has been included in the annual budget of the City and unless an
appropriation has been made therefor, and no contracts or purchases shall
exceed the amount appropriated. All ~ontract in excess of $2,000.00,
except for professional services, shall be made upon specifications,
.andcompetitive bids, and no contract shall be binding until it has been
signed by a designated representative of the City. Whenever the cost .
of any contracts charged to any appropriation equal the amount of such
appropriation, no person representing the City shall sign or make
any additiQnal contracts chargeable to such appropriation. Any contract
for current expenditures exceeding the amount set up in the budget or
the appropriation therefor shall be void."
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. 15. Shall Section 4, Article IX of the NORTH RICHLANO HILLS Charter be
amended to read as follows:
"Section 4. COMPETITIVE BIDDING
After approval of specifications by the City Council, advertisement
shall be published in the official newspaper of the City at least once .
in each week for two consecutive weeks, inviting competitive bids for
labor and material embraced in the proposed contract. All' bids received
shall be sealed and delivered to the City 'Secretary. At the time and
place announced in said notice, the bids shall be opened and no award
shall be made except to one of such bidders. The City Council shall
determine the most advantageous bid for the City, and shall award the
contract to such bidder, but the City Council shall ahlays have the right
to reject any and all bids, and in the event all bids are rejected, any
call for new bids which shall be advertised in like manner as the original
bids. Pending advertisement of such proposed contracts, the specifications
shall be on file in the office of the City Secretary subject to the
inspection of all persons desiring to bid. No contract shall ever be
authorized except by approval of the City Council; provided, however, that
contracts for less than two thousand dollars may be awarded without
advertisement and bid, as herein required, if in the opinion of the City
Council such advertisement and bid should be waived~ and provided
further, that in case of public calamity, where it becomes necessary to
act at once to appropriate money to relieve the necessity of the citizens,
or tc preserve the property of the city, or when it is necessary to
r'age ~
Resolution No. 74-7
YES
NO
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preserve or protect the public health of the citizens of the city, or
in case of unforeseen damage to public property~ machinery or equipment,
this provision shall not apply. II
16. Shall Section 1, Article XII of the NORTH RICHLAND HILLS Charter
be amended to read as follows:
"Section 1. PREPARATION AND SUBMISSION OF BUDGET
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The City Manager~ at least thirty-five days prior to the beginning
of each budget year, shall submit to the Council a budget and an explan-
atory budget message in the form and with the contents provided by
Sections twelve (12) through fifteen (15) of this Article. For such
purpose, at such date as he shall determine, he, or an officer designated
by him, shall obtain from the head of each office~ department or agency
estimates of revenue and expenditure of that office, department or
agency, detailed by organization units and character and object of
expenditure and such other supporting data as he may request; together
with an estimate of all capital projects pending or which such department
head believes should be undertaken (a) within the budget year and (b)
within the five next succeeding years. In preparing the budget, the
City Manager shall review the estimates, shall hold hearings thereon
and may revise the estimates~ as he may deem advisable."
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17. Shall the term "CITY CLERK" be changed to the term "CITY
SECRETARY" each place it appears in Article X1I:J Section 9 of the
NORTH RICHLAND HILLS Charter.
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18. Shall Section 20~ Article XII of the NORTH RICHLANO HILLS Charter
be amended to read as follows:
IISection 20. MISCELLANEOUS REVENUES
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Miscellaneous revenues shall include anticipated revenues from the
collection of taxes other than the general property tax, the amount of
state aid. to be received; the amount of Federal aid and Federal revenue
to be received; the amount by which the City is expected to benefit
from taxes collected by the state; the amounts estimated to be received
from services and sales, fines and forfeitures, pension assessments~
special assessments and any other special or non-recurring sources."
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19. Shall Section 3,' Article XIII of the NORTH RICHLANO HILLS Charter
be amended to read as follows:
"Section 3. EXEMPT PROPERTY
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There shall be exempt from taxation~ all property now or hereafter
made exempt by the Constitution of the State of Texas.u
20. Shall the NORTH RICHLAND HILLS Charter be amended by adding a new
Article~ designated Article XVI, IIREFERENOUW' as hereinafter
quoted, and re-numbering the present Article XVI "GENERAL PROVISIONSn
and all subsequent Articles, one number higher:
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Resolution No. 74-7
YES
NO
I1ARTICLE XVI, REFERENDUN
Section 1. GENERAL POWER
The registered qualified voters of the City of North Richland Hills,
in addition to the method of legislation hereinbefore provided, shall
have the pm.¡er of direct legislation by referendum.
Section 2. REFERENDUM
Registered qualified voters of the City of North Richland Hills
may require that any ordinance or resolution passed by the City Council
be submitted to the voters of the City for approval or disapproval, by
submitting a petition for this purpose within 30 days after final
passage of said ordinance or resolution, or within 30 days after its .
publication. Såid petition shall be addressed, prepared, signed and verified
by oath in the manner and form provided for recall petitions as provided
. in Section 2, Article XV of this Charter, provided however the names
'on such petition shall also be of registered voters and shall be submitted
to the person performing the duties of City Secretary. Immediately
upon the filing of such petition, the person performing the duties of
City Secretary shall present said petition to the City Council.
Thereupon the City Council shall immediately reconsider such ordinance'
or resolution and, if it does not entirely repeal the same, shall submit
. it to pop~iar vote at a special election to be held within thirty (80)
days thereafter at which the registered qualified voters of the City of
.North Richländ Hills shall vote on the question of adopting or rejecting
the proposed question. However, if any other municipal election is
to be held within sixty (60) days of the filing of the petition, the
question may be voted on at such election. Pending , the holding of
such election, such ordinance or resolution shall be suspended from taking
effect and shall not later take effect unless a majority of the
registered qualified voters voting thereon at such election shall vote
in favor thereon.
Section 3. VOLUNTARY SUBMISSION OF LEGISLATION BY THE COUNCIL
The City Council, upon its own motion and by a majority vote of
its members, may submit to popular vote at. any election for adoption
. or rejection any proposed ordinance or resolution or measure, or may
submit for repeal any existing ordinance, resolution' or measure, in
the same manner and with the same force and effect as provided in Section
2 of this Article, and may in its discretion call a special election for
this purpose.
Section 4. FORM OF BALLOTS
The ballots used when voting upon such referred ordinances, resolutions
or measures, shall set forth their nature sufficiently to identify th~~
and shall also set forth upon separate lines the words:
II FOR the ORDINANCE~" and
II AGAliiST the ORDINANCE, II or
~ES
NO
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Resolution No. 74-7
"FOR the RESOLUTION," and
"AGAINST the RESOLUTION. II
Section 5. PUBLICATION OF REFERRED ORDINANCES
The person performing the duties of City Secretary shall publish
at least once in the official newspaper of the City the referred
ordinance or resolution within fifteen days before the date of the
election, and shall give such other notices and do such other things
relative to such election as are required in general municipal elections
or by the ordinance or resolution calling said election.
Section 6. ADOPTION OF ORDINANCES
If a majority of the registered qualified voters voting on any
proposed ordinance or resolution or measure shall vote in favor thereof,
it shall thereupon, or at any time fixed therein, become effective as
a law or as a mandatory order of the City Council.
Section 7. INCONSISTENT ORDINANCES
If the provisions of two or more proposed ordinances or resolutions
approved at the .same election are inconsistent, the ordinance or resolution
receiving the highest number of votes shall prevail.
Section 8. FURTHER REGULATIONS BY CITY COUNCIL
The City Council may pass ordinances or resolutions providing other
and further regulations for carrying out the provisions of this Article not
inconsistent herewith.
~
Section 9. FRANCHISE ORDINANCES
Nothing ·contained in this Article shall be construed to be in
conflict with any of the provisions of Article IX Section 5 of this
Charter, pertaining to ordinances granting franchises when valuable
rights shall have accrued thereunder.
21. Shall the NORTH RICHLAND HILLS Charter be amended by adding a
ne\' article designated Article XVII "CITY CIVIL SERVICE" to
provide the benefits of Civil Service to all City "Employees," .
including among others: (1) administration of the program
by a Civil Service Commission, (2) impartial written job
qualifications, (3) fixed job classifications and pay scales,
{4) . impartial testing for promotion, (5) right of appeal from
supervisor1s decisions, (6) right of appeal from commission~s
decisions, (7) no strikes, (8) no political activity in city
(petitions al1m..¡ed), (9) specific written rules, policies, and
grounds for disciplinary action, (10) sick leave, (11) vacation,
and (12) automatic cost-of-living adjustments, and, shall
present Article XVI .be renumbered XVIII;_present Article XVII
be renumbered XIX; and present Article XVIII be renumbered xx.
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Resolution No. 74-7
YES
NO
22. Shall Section 4~ of the present Article XVI of the NORTH RICHLAND
HILLS Charter be amended to read as follows:
·Section· 4~ PUBLIC MEETING
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All meetings of the Council and all Boards or Commissions appointed
by the Council shall be open to the public, except those authorized
by law to be .closed. Minutes of all public meetings shall be kept
and such minutes shall constitute public records. II
23. Shall Section 7 of the present Article XVI of the NORTH RICHLAND
HIllS Charter be amended to read as follows:
IISection 7. NOTICE OF INJURY OR DAMAGE
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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 in injury, shall file a notice in writing, duly verified
with the City Secretary within thirty (30) 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
damage claimed or asserted, and a list of persons, if kno'tm, 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 stating specifically
\'¡hen, where and hm'J the injury \'laS 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. II
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24. Shall Section 11 of the present Article XVI of the NORTH RICHLAND
HILLS Charter, providing for remission of fines and penalties by the
City Council be repealed in its entirety.
25. Shall Section 13 of the present Article XVI of the NORTH RICHLAND
HILLS Charter be amended to read as follows:
IISection 13. NEPOTISM
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No person related within the third degree by affinity or consanqu;nity
to the Mayor, any member of the Councilor the City Manager shall
be appointed to any paid office, position, clerkship or other service
of the City. This prohibition shall not apply, however, to any
person who shall have been employed by the City at least two years
prior to the time of the election of the Mayor or Councilman~ or the
appointment of the City Manager.1I
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Resolution No. 74-7
Section 2. THAT as a result of such vote, propositions 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,
24, and 25 passed and no others were approved by a majority of
the qualified voters voting at such election and the North
Richland Hills Charter is legally amended. The City Secretary
is hereby authorized to forward such amendments to the Texas
Secretary of State as provided by law.
AND IT IS SO RESOLVED.
Passed and approved this 8th
day of Jul y
, 1974.
CITY OF NORTH RICHLAND HILLS, TEXAS
~t~~
Di aram, Mayor
ATTEST:
~~~
City Secretary
Approved as to form and legality:
~~~
~man
City Attorney