HomeMy WebLinkAboutOrdinance 22081-02-2016 ORDINANCE NO. 22081-02-2016
AN ORDINANCE ORDERING A SPECIAL ELECTION BY
THE QUALIFIED VOTERS OF THE CITY OF FORT
WORTH, TEXAS, ON MAY 7, 2016, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED VOTERS OF SAID
CITY, FOR ADOPTION OR REJECTION, ELEVEN (11)
PROPOSED AMENDMENTS TO THE EXISTING CHARTER
OF THE CITY OF FORT WORTH; PROVIDING EARLY
VOTING DATES AND TIMES; PROVIDING A STATEMENT
OF FISCAL IMPACT; PROVIDING A NOTICE OF
PUBLICATION; PROVIDING COMPLIANCE WITH OPEN
MEETINGS ACT; PROVIDING A SEVERABILITY CLAUSE
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Fort Worth City Charter was adopted by election in 1924,
creating the first home rule charter and the City Council/City Manager form of government
for the City of Fort Worth; and
WHEREAS, there have been twelve City Charter amendment elections subsequent
to its adoption, with the last amendment election being held in 2006; and
WHEREAS, on July 28, 2015, the City Council of the City of Fort Worth adopted
Resolution No. 4493-07-2015, appointing a City Charter Review Task Force comprised of
eight (8) citizens appointed by individual Council Members and three (3) appointed by the
Mayor to study certain issues related to the current City Charter, as well as the
identification of outdated, unused or superseded provisions and make recommendations to
the City Council for a City Charter amendment election in May of 2016; and
WHEREAS, the Charter Review Task Force met five (5) times and held six (6)
public hearings in various locations throughout the City during the months of August,
September, October and November of 2015 before providing their final recommendations
to the City Council; and
WHEREAS, information regarding the work of the Charter Review Task Force
and the proposed amendments to the City Charter was provided through staff presentations
and printed material during the public hearings and the same information was placed on the
City's webpage; and
WHEREAS, the citizens of Fort Worth were given the opportunity to provide oral
and written feedback on the proposed changes to the City Charter at the Charter Task
Force meetings, the six (6) public hearings and through social media access provided by
the City; and
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Page 1 of 21
WHEREAS, the Charter Review Task Force presented the City Council with a
final report making its recommendations on December 1, 2015; and
WHEREAS, the City Council held public hearings on January 12 and January 26,
2016 at their regularly scheduled City Council meetings to receive citizen comments and
feedback on the proposed amendments to the City Charter; and
WHEREAS, after considering the recommendations of the City Charter Task
Force and City staff and the comments received from the citizens, the City Council deems
it wise and expedient to submit proposed amendments to the existing Charter of said City
to its voters on May 7, 2016;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS THAT:
SECTION 1.
SPECIAL ELECTION ORDERED
In compliance with the Charter of the City of Fort Worth and in accordance with
the Constitution and laws of the State of Texas, and more particularly Chapter 9 of the
Texas Local Government Code, relating to the amendment of city charters by home rule
cities having more than five thousand (5,000) inhabitants, the City Council hereby orders
that a special election, hereinafter "election," be held on Saturday, May 7, 2016, for the
purpose of submitting to the qualified voters of the City of Fort Worth, for adoption or
rejection, the proposed amendments as shown in detail in Exhibit "A" to the existing
Charter of the City of Fort Worth.
SECTION 2.
PROPOSITIONS TO BE ON BALLOTS
The official ballots to be used in said election shall be prepared in accordance with
Sections 52.072 and 52.073 of the Election Code of the State of Texas, and shall have
printed thereon the following PROPOSITIONS to be expressed substantially as follows:
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Page 2 of 21
CITY CHARTER AMENDMENTS
Place an 'X' in the square beside the statement indicating the way you wish to vote.
PROPOSITION I
❑ For Shall Sections 1 and 2 of Chapter III and Section 2 of
Chapter IV and other sections referencing the term of
F-1 Against office for the City Council in the Fort Worth City
Charter be amended to increase the current two (2)
year terms for the City Council to three (3) year terms
starting with the 2017 general election?
PROPOSITION 2
F� For Shall Sections 1, 2 and 5 of Chapter III and Section 3
of Chapter IV and other sections referencing the
F-1 Against number of council members in the Fort Worth City
Charter be amended to increase the number of City
Council members from nine (9) to eleven (11)
members, one of which is the mayor, beginning with
the first election following the 2020 census and
adoption of the new redistricting map by the City
Council and to maintain the quorum at two-thirds (2/3)
of the members of the City Council?
PROPOSITION 3
F-1 For Shall Section 3 of Chapter III of the Fort Worth City
Charter be amended to increase the compensation of
F"I Against council members from the sum of twenty-five
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Page 3 of 21
thousand dollars ($25,000.00) per year to forty-five
thousand dollars ($45,000.00) per year and the
compensation of the mayor from twenty-nine thousand
dollars ($29,000.00) per year to sixty thousand dollars
($60,000.00)per year starting October 1, 2016?
PROPOSITION 4
F] For If Proposition 1 is approved by the voters, shall
Section 4 of Chapter III of the Fort Worth City Charter
❑ Against be amended to allow a majority of the City Council to
appoint a qualified person from the district whose
place has been vacated to serve the unexpired term if
the vacancy occurs twelve (12) months or less prior to
the end of an unexpired term?
PROPOSITION 5
oFor Shall the first paragraph of Section 5 of Chapter III of
the Fort Worth City Charter be amended to provide
F-1 Against that the newly-elected City Council members may be
sworn in at the same meeting at which the election
results are canvassed provided the meeting is held
within the City limits of Fort Worth?
PROPOSITION 6
F-1 For Shall Sections 1 and 3 of Chapter IV of the Fort Worth
City Charter be amended to clarify that a person
EJAgainst seeking election to the City Council must have resided
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in the district for which he or she seeks election for
180 days prior to the first allowed filing date for the
election?
PROPOSITION 7
ElFor Shall Chapter VII of the Fort Worth City Charter be
amended to add a new section to provide that
ElAgainst municipal judges will be appointed and may be
removed for cause by a majority vote of the City
Council?
PROPOSITION 8
ElFor Shall Section 2 of Chapter X of the Fort Worth City
Charter be amended to provide for budget hearings,
F-1 Against adoption and publication of the budget, appropriation
ordinance and tax levy ordinance in accordance with
State law?
PROPOSITION 9
® For Shall Section 6 of Chapter XX of the Fort Worth City
Charter be amended to clarify that when competing
® Against ordinances are presented to the voters at an election
that the ordinance that receives the highest number of
favorable votes prevails?
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Page 5 of 21
PROPOSITION 10
® For Shall Chapter XXVII of the Fort Worth City Charter
be amended to add Section 21 to provide for electronic
F-1 Against and other web based publications and notices as a
substitute for newspaper publications where allowed
by State law?
PROPOSITION 11
F-1 For Shall Section 8 of Chapter III and Section 7 of Chapter
XXVII of the Fort Worth City Charter be amended to
F� Against eliminate the provisions in each section that are in
conflict with State and Federal law?
SECTION 3.
BALLOT
The City Secretary of said City shall ensure that ballots are prepared to be used in
said election, on which ballots shall be printed the propositions to be voted on in the
election. The ballots shall be printed in English and in Spanish for use in said election.
Each proposed charter amendment in Exhibit "A" shall be separate and distinct so that
voters shall pass upon each one separately and apart from another and so that each voter
may vote "For" or"Against" on each said amendment.
SECTION 4.
EFFECTIVE DATE OF AMENDMENTS
The proposed amendments in Exhibit "A," if approved by a majority of the
qualified voters voting upon said amendments, shall become a part of the City Charter of
the City of Fort Worth as soon as an official order has been entered on the Council Minutes
of said City by the City Council thereof, declaring the same adopted.
Ordinance No.22081-02-2016
Page 6 of 21
SECTION 5.
EARLY VOTING CLERKS
(a) Frank Phillips, Tarrant County Elections Administrator, shall serve as the early
voting clerk for the Tarrant County portion of the election.
(b) Applications for early voting ballots to be voted by mail by Tarrant County voters
should be forwarded as follows:
Mailing address: Early Voting Clerk
Tarrant County Elections
P.O. Box 961011
Fort Worth, Texas 76161-0011
Express Courier Delivery: Early Voting Clerk
Tarrant County Elections
2700 Premier Street
Fort Worth, Texas 76111-3011
Fax: (817) 831-6118
Email: votebymailntaiT antcount.�com
(c) Lannie Noble, Denton County Elections Administrator, shall serve as the early
voting clerk for the Denton County portion of the election.
(d) Applications for early voting ballots to be voted by mail by Denton County voters
should be forwarded as follows:
Mailing Address: Early Voting Clerk
P.O. Box 1720
Denton, Texas, 76202
Express Courier Delivery: Early Voting Clerk
Denton County Elections
701 Kimberly, Suite 101
Denton, Texas, 76208
Fax: 940-349-3201
Email: elections@dentoncounty.com
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Page 7 of 21
(e) Don Markum, Parker County Elections Administrator, shall serve as the early
voting clerk for the Parker County portion of the election.
(f) Applications for early voting ballots to be voted by mail by Parker County voters
should be forwarded as follows:
Mailing Address: Early Voting Clerk
1112 Santa Fe Drive
Weatherford, Texas, 76086
Express Courier Delivery: Early Voting Clerk
Parker County Elections
1112 Santa Fe Drive
Weatherford, Texas, 76086
Fax: 817-598-6183
Email: beth.molder@parkercountylx.com
(g) Applications for early voting ballots by mail must be received no later than the
close of business on April 26, 2016.
SECTION 6.
EARLY VOTING
(a) Early Voting by personal appearance for Fort Worth residents shall be conducted
beginning April 25, 2016, and continue through May 3, 2016.
(b) The main Early Voting locations and times for Fort Worth residents are:
(1) Voters residing in Tarrant County:
Location: Tarrant County Elections Center
2700 Premier Street
Fort Worth, Texas 76111
Times:
April 25 —April 29 Monday—Friday 8:00 a.m. —5:00 p.m.
April 30 Saturday 7:00 a.m. —7:00 p.m.
May 1 Sunday 11:00 a.m. —4:00 p.m.
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Page 8 of 21
May 2—3 Monday—Tuesday 7:00 a.m. —7:00 p.m.
(2) Voters residing in Denton County:
Location: Denton County Elections
701 Kimberly Drive
Denton, Texas 76208
Times:
April 25 —April 29 Monday—Friday 8:00 a.m. —5:00 p.m.
April 30 Saturday 8:00 a.m. —5:00 p.m.
May 2—3 Monday—Tuesday 7:00 a.m. —7:00 p.m.
(3) Voters residing in Parker County
Location: Parker County Courthouse Annex—Annex Kitchen
1112 Santa Fe Drive
Weatherford, Texas 76086
Times:
April 25 Monday 8:00 a.m. —5:00 p.m.
April 26 Tuesday 7:00 a.m. —7:00 p.m.
April 27 Wednesday 8:00 a.m. —5:00 p.m.
April 28 Thursday 7:00 a.m. —7:00 p.m.
April 29 Friday 8:00 a.m.—5:00 p.m.
May 2-3 Monday- Tuesday 8:00 a.m. —5:00 p.m.
SECTION 7.
VOTING SYSTEM AND PRESIDING JUDGE
An electronic voting system, as defined in Chapter 121 of the Texas Election Code,
shall be used for voting at the regular polling places for said election and for counting the
ballots and the tabulation of the results. The conduct of the election and the use of the
electronic voting system shall be in accordance with the Texas Election Code.
The election shall be held as a Joint Election pursuant to Joint Election Agreements
and Contracts for Election Services by and between the City of Fort Worth, the Tarrant
Ordinance No.22081-02-2016
Page 9 of 21
County Elections Administrator, the Denton County Elections Administrator, the Parker
County Elections Administrator and other political subdivisions. Pursuant to the above
mentioned Joint Election Agreements the Tarrant County Elections Administrator shall
serve as the Elections Administrator for the election held in Tarrant County, the Denton
County Elections Administrator shall serve as the Elections Administrator for the election
held in Denton County and the Parker County Elections Administrator shall serve as the
Elections Administrator for the election held in Parker County. Presiding Election Judges
and Alternate Presiding Election Judges appointed to serve at said polling places listed in
the Joint Election Agreements shall be those election officials furnished by the Elections
Administrators selected pursuant to the terms of the Joint Election Agreements. An Early
Voting Ballot Board is hereby created pursuant to Section 87.001 of the Texas Election
Code. The Early Voting Ballot Board shall be made up of members appointed in the
manner stated in the Joint Election Agreements and the Presiding Judges and the Alternate
Presiding Judges of the Early Voting Ballot Boards shall be the elections officials listed in
the Agreements.
SECTION 8.
STATEMENT OF FISCAL IMPACT
Pursuant to Section 9.004(c)(2) of the Texas Local Government Code, (requiring a
statement of the anticipated fiscal impact to the City if the proposed amendments are
approved), the City asserts it is difficult to accurately account for the fiscal impact of the
proposed amendments in light of the particular unknown effect upon the actual operation
of the City government; however if the proposed amendments are approved an overall
analysis reflects that there should be no immediate fiscal impact upon the probable
economic cost to the City other than if Proposition 3 is approved, approximately One
Hundred Ninety-One Thousand dollars ($191,000.00) beginning in Fiscal Year 2017 for
the increase in compensation for Mayor and Council Members and if Proposition 2 is
approved, salaries for two additional Council Members in the amount of $50,000 if
Proposition 3 does not pass and$90,000 if Proposition 3 is approved.
Ordinance No.22081-02-2016
Page 10 of 21
SECTION 9.
PUBLICATION
In accordance with Section 9.004(c) of the Texas Local Government Code, notice
of said election for the proposed Charter amendments shall be given by publishing, in
English and in Spanish, a Notice of Election containing a substantial copy of the proposed
amendments and an estimate of the anticipated fiscal impact to the City if the proposed
amendments are approved at the election, on the same day, in each of two successive
weeks, with the first publication occurring before the 14th day before the date of the
election. A copy of the Notice of Election containing a substantial copy of the proposed
amendments and an estimate of the anticipated fiscal impact to the City if the proposed
amendments are approved at the election, shall be posted in English and in Spanish, on the
City's board used for posting notices of the meeting of the Fort Worth City Council not
later than the 21St day before election day.
SECTION 10.
NOTICE
The way and manner of holding said election, the notice to be given therefor, the
polling places, the personnel and the officers who are to hold same, and all details
connected with the holding of the election shall be provided for and arranged by the City
Secretary in accordance with the Texas Election Code and Section 9.004(c) of the Texas
Local Government Code. Any omission or irregularity in this ordinance, or in the signing
of same, shall not in any way affect or invalidate such election.
SECTION 11.
CONTROLLING LAW
In all respects, said election shall be conducted in accordance with the Texas
Election Code, the Texas Local Government Code, and the Charter of the City of Fort
Worth, Texas.
Ordinance No.22081-02-2016
Page 11 of 21
SECTION 12.
OPEN MEETING COMPLIANCE
It is hereby officially found and determined that the meeting at which this
Ordinance was adopted and said election was called was open to the public and public
notice of the time, place and purpose of said meeting was given, all as required by Chapter
551 of the Texas Government Code.
SECTION 13.
SEVERABILITY CLAUSE
That should any part, portion, section, or part of a section of this ordinance be
declared invalid or inoperative or void for any reason by a court of competent jurisdiction,
such decision, opinion, or judgment shall in no way affect the remaining parts, portions,
sections, or parts of sections of this ordinance, which provisions shall be, remain, and
continue to be in full force and effect.
SECTION 14.
EFFECTIVE DATE
That thi O ce s a a ffect upon adoption.
Betsy Price
Mayor e City o Worth
ATT &ST�o
4
Mary J. Kayser Se retar
APPROVED AS TO FORM AND LEGALITY:
Sarah J. FullegAder, City Attorney
ADOPTED and EFFECTIVE: February 2, 2016
Ordinance No.22081-02-2016
Page 12 of 21
EXHIBIT "A"
A special election will be held on May 7, 2016, from 7:00 a.m. to 7:00 p.m. for the
purpose of allowing voters to determine whether to amend the Fort Worth City Charter.
Persons interested in voting on these issues may contact the Fort Worth City Secretary's
Office for information about polling places and other information pertaining to the election
or may visit the City's website at www.fortworthtexas.gov.
If the proposed Propositions are adopted by the qualified voters of the City of Fort
Worth, the following Charter provisions will be amended by adding the underscored words
and deleting those struck through. The bracketed italicized language indicates where
another proposed Proposition will amend the Charter language within that section if
passed. The proposed amendments will read in their entirety as follows:
PROPOSED AMENDMENTS
Amendment Number 1.
CHAPTER III: THE CITY COUNCIL
§I [POWERS OF CITY VESTED IN] THE CITY COUNCIL [COMPENSATION,
TERMS].
The powers of the city government shall be vested in a body to be known as the City
Council, composed of nine (9) members [will be revised to increase the number of
members to eleven (11) if Proposition 2 passes], one of whom shall be the mayor. Starting
with the 2017 general election, tTheir terms of office shall be for a period of two (2)three
Q)years and until the election and qualification of their successors.
§2. [ELECTION, POWERS, DUTIES, TERM OF MAYOR].
The City Council shall be composed of nine (9) places [will be revised to increase the
number of places to eleven (11) if Proposition 2 passes]. The person elected as
councilperson, Place No. 1, shall be the presiding officer who shall be known as the mayor
of the City of Fort Worth. He shall have a vote on all matters coming before the council,
but no power of veto. He shall represent the city on all ceremonial occasions and be known
as the official head of the city government. The mayor shall be elected at each bieffl-.ial
triennial election and shall serve for a period of two (2) three 3 years starting with the
2017 general election, or until the election and qualification of his successor.
CHAPTER IV: METHOD OF NOMINATING AND ELECTING MEMBERS OF THE
CITY COUNCIL
§2. NO PRIMARY ELECTION TO DETERMINE NOMINATIONS;
COUNCILPERSONS TO BE SELECTED IN GENERAL ELECTION BIE- r I n r r v
TRIENNIALLY.
Ordinance No.22081-02-2016
Page 13 of 21
Primary elections to determine the selection of nominees for members of the City Council
shall not be resorted to. There shall be but one (1) election, and that a general election, for
the purpose of selecting members of the City Council, the same to be held biennially every
three 3) years, on the first available election date in May specified in the Texas Election
Code of odd-numbered years starting with the 2017 general election.
Any qualified person who desires to become a candidate for election to the City Council
shall file with the city secretary a sworn application for his or her name to appear on the
ballot, in accordance with the laws of Texas for nonpartisan or independent candidates, and
must accompany the application with a filing fee of one hundred dollars ($100.00) or, in
lieu of the payment of a filing fee, any qualified person who desires to become a candidate
for mayor may become a candidate by petition signed by qualified voters equaling at least
one-half of one (0.5) percent of the total vote received by all candidates for mayor in the
most recent mayoral general election, or by twenty-five (25) qualified voters, whichever is
the greater number. In lieu of the payment of a filing fee, any qualified person who desires
to become a candidate for election to the City Council, other than the office of mayor, may
become a candidate by petition signed by a number of qualified voters of the district from
which the candidate seeks election equal to at least one-half of one (0.5) percent of the
total vote received by all candidates for mayor in that district in the most recent mayoral
general election, or by twenty-five (25) qualified voters of the district, whichever is the
greater number. The signed petition shall be filed with the city secretary, together with the
candidate's sworn application. Each signer next to his signature shall indicate voter
registration number, date of signing, the signer's printed name, and the street address of his
place of residence. Such petitions shall also meet all requirements established by the laws
of Texas for petitions which are filed with a candidate's application for a place on the
ballot in an election of a home-rule city.
The city secretary shall make up the official ballot fiom the names presented to him. The
order in which the names of such candidates are to appear on the ballot shall be determined
by a drawing to be held in the office of the city secretary. The city secretary shall post a
notice in his office, at least three (3) days prior to the date on which the drawing is to be
held, of the time and place of the drawing, and shall also give personal notice to any
candidate who makes written request for such notice; and each candidate involved in the
drawing, or a representative designated by him, shall have a right to be present and observe
the drawing.
The candidates receiving the majority of the votes cast for each place shall be declared
elected. If no candidate receives a majority, or if there is a tie for any one (1) place, the
mayor shall order a second election to be held on a date in compliance with the Texas
Election Code to fill that place. Only the names of the candidates who tie for the highest
number of votes cast for that place, or the two (2) candidates who receive the highest
number of votes with neither having a majority of the votes cast for that place, shall be
printed on the ballot for such election. In the event of a tie vote at the second election, the
Ordinance No.22081-02-2016
Page 14 of 21
candidates who tie shall cast lots in the presence of the city secretary to determine which
one shall be declared elected, and said lots shall be cast within five (5) days of the second
election.
Amendment Number 2.
CHAPTER III: THE CITY COUNCIL
§1 [POWERS OF CITY VESTED IN] THE CITY COUNCIL [;COMPENSATION,
TERMS]. The powers of the city government shall be vested in a body to be known as the
City Council, composed of nine (9) eleven 11)members, one of whom shall be the mayor.
Their terms of office shall be for a period of two (2) years [will be revised to increase the
period to three (3)years if Proposition I passes] and until the election and qualification of
their successors.
§2. [ELECTION, POWERS, DUTIES, TERM OF MAYOR].
The City Council shall be composed of nine (9) eleven (11) places. The person elected as
councilperson, Place No. 1, shall be the presiding officer who shall be known as the mayor
of the City of Fort Worth. He shall have a vote on all matters coming before the council,
but no power of veto. He shall represent the city on all ceremonial occasions and be known
as the official head of the city government. The mayor shall be elected at each biennial
election [will be revised to each triennial election if Proposition I passes] and shall serve
for a period of two (2) years [will be revised to increase the period to three (3) years if
Proposition I passes], or until the election and qualification of his successor.
§5. MEETINGS OF COUNCIL AND COMMITTEES OPEN TO PUBLIC; QUORUM;
REGULATIONS OF PROCEEDINGS; COUNCIL TO PROVIDE RULES OF
PROCEDURE.
At the first City Council meeting after the City Council meeting canvassing the election
results, the elected members of the new Council shall meet at City Hall and take the oath
of office [will be revised to allow the newly-elected City Council members to be sworn in
at the same meeting at which the election results are canvassed if Proposition S passes].
Special meetings may be called by the Mayor or by any three (3) Councilmembers. Such
call shall be in writing and shall state the object of the meeting, and no business shall be
transacted at such meeting other than that specified in the call. The Council shall meet at
such times and places as may be prescribed by ordinance or resolution but not less than
forty-four (44) regular and special meetings shall be held each calendar year.
A quorum shall consist of six (6) tinless there a e A..ieh °:epA th°
quenim shalzbereduced by the number- of T vaeaneies exisfing two-thirds (2/3) of the
members. All official meetings of the Council and all sessions of the Committees of the
Council shall be public except as authorized by law. The ayes and nos shall be taken upon
the passage of all ordinances or resolutions and entered upon the minutes of the
Ordinance No.22081-02-2016
Page 15 of 21
proceedings of the Council, and every ordinance or resolution shall require on final
passage the affirmative vote of a majority of all of the remaining members.
No member shall be excused from voting except on matters involving the consideration of
his own official conduct, or where his financial interests are involved, or unless excused by
the Council for other valid reasons by majority vote. The Council shall determine its own
rules of procedure, and may punish its members for misconduct, and may compel the
attendance of absent members.
CHAPTER IV: METHOD OF NOMINATING AND ELECTING MEMBERS OF THE
CITY COUNCIL
§3. [COUNCILPERSONS TO BE ELECTED FROM DISTRICTS].
With the exception of Place No. 1 to be held by the mayor as provided for in section 2 of
Chapter III of this Charter, the City Council shall provide by ordinance for eight ten (8J O)
single member districts so that with the exception of the mayor, one (1) member of the
City Council shall be elected from each of such defined districts by the voters residing
therein, and each candidate therefrom shall be a qualified elector of the city and shall have
continuously resided in the Council District for which he or she seeks election for six (6)
full months [will be revised to 180 days if Proposition 6 passes] before the first allowed
filing date for the election.
The City Council shall, as often as census data is available, determine as nearly as
practicable the population of the respective districts and shall, by ordinance, revise the
boundaries of any or all of said districts to maintain a substantial equality of population in
each. Within sixty (60) days after passage of this amendment, the City Council shall, by
ordinance, designate the original district limits.
Amendment Number 3.
CHAPTER III: THE CITY COUNCIL
§3 COMPENSATION OF THE MEMBERS OF THE CITY COUNCIL.
Commencing on Oaeber-1,28( October 1, 2016, each member of the City Council,
except the mayor, shall receive as compensation for such member's services the sum of
twenty-five thousand dollars ($25,000 nm forty-five thousand dollars ($45,000.00) per
annum and the mayor shall receive as compensation for the mayor's service, the sum of
twenty nine thousand dollars ($29,000.00) sixty thousand dollars ($60,000.00) per annum.
In addition to the above, all necessary expenses incurred by the City Council in
performance of their official duties shall be paid by the city. Nothing herein shall prohibit a
council member from waiving the right to all or any part of such compensation or payment
of expenses.
Ordinance No.22081-02-2016
Page 16 of 21
Amendment Number 4.
CHAPTER III: THE CITY COUNCIL
§4. VACANCIES IN THE CITY COUNCIL; HOW FILLED.
Vacancies in the City Council shall be filled by special elections from the districts whose
places have been vacated. Vacancies in the office of mayor shall be filled under the
provisions applicable to other council members except that the district of the mayor shall
be the city as a whole. These special elections shall be held on the first available election
date specified in the Texas Election Code unless the council shall request, and receive,
permission from the governor to call an emergency special election. If vacancies should
occur within thirty (30) days of the special election date, the council may set the election
for the next date following the impending special election date or it may request
permission for an emergency special election from the governor.
In the event any candidate for a vacancy fails to receive a majority of all votes cast for all
the candidates for such vacancy at such special election, the mayor shall on the first day
following the completion of the official count of the ballots cast at said special election
issue a call for a run-off election pursuant to Chapter IV, section 2, to be held in
accordance with the Texas Election Code to determine who shall be elected. Such new
council members, when duly qualified and elected, shall serve for the unexpired period of
the terms of the council members whose offices are being filled. However, no such
appointments or elections shall be held where said vacancy shall occur within a period of
less than ninety (90) days prior to a general election as specified in Chapter IV, section 2.
When a vacancy shall occur less than ninety iom day twelve (12) months or less prior to
the general election held in May as specified in Chapter IV, section 2, a majority of the
remaining council members may appoint a qualified person from the district whose place
has been vacated to serve the unexpired term or call an election to fill the vacancy as
allowed under state law.
Should a vacancy occur in the office of mayor, the mayor pro tem shall serve until a
special election shall be called under the rules pertaining to filling vacancies among the
other councilmembers. If members of the City Council seek the office of mayor in such a
special election, they shall first resign from the City Council, and special elections,
simultaneous to the mayoral election, shall be held in their districts under the terms
specified above.
Amendment Number 5.
CHAPTER III: THE CITY COUNCIL
§5. MEETINGS OF COUNCIL AND COMMITTEES OPEN TO THE PUBLIC;
QUORUM; REGULATION OF PROCEEDINGS; COUNCIL TO PROVIDE RULES OF
PROCEDURE.
Ordinance No.22081-02-2016
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A4 the fifst City Gotfneil meeting afier- the City Couneil meeting earn"assing the eleetion
r-estfits, the eleeted membefs E)f the new Couneil shall meet at City Hall and take the o
^ro The City Council shall hold a meeting within the city limits of Fort Worth for
the purpose of canvassing the election results. The elected members of the new Council
may take the oath of office at the same City Council meeting where the election results are
canvassed but all elected members shall take the oath of office no later than the next City
Council meeting after the results are canvassed. Special meetings may be called by the
Mayor or by any three (3) Councilmembers. Such call shall be in writing and shall state the
object of the meeting, and no business shall be transacted at such meeting other than that
specified in the call. The Council shall meet at such times and places as may be prescribed
by ordinance or resolution but not less than forty-four (44) regular and special meetings
shall be held each calendar year.
A quorum shall consist of six members (6) unless there are vacancies, in which event the
quorum shall be reduced by the number of vacancies existing [will be revised to a quorum
of two-thirds (213) of the members if Proposition 2 passes]. All official meetings of the
Council and all sessions of the Committees of the Council shall be public except as
authorized by law. The ayes and nos shall be taken upon the passage of all ordinances or
resolutions and entered upon the minutes of the proceedings of the Council, and every
ordinance or resolution shall require on final passage the affirmative vote of a majority of
all of the remaining members.
No member shall be excused from voting except on matters involving the consideration of
his own official conduct, or where his financial interests are involved, or unless excused by
the Council for other valid reasons by majority vote. The Council shall determine its own
rules of procedure, and may punish its members for misconduct, and may compel the
attendance of absent members.
Amendment Number 6.
CHAPTER IV: METHOD OF NOMINATING AND ELECTING MEMBERS OF THE
CITY COUNCIL
§1 COUNCILPERSONS; ELIGIBILITY.
Only qualified voters under the laws of Texas, twenty-one (21) years of age and over, who
have continuously resided in the Council District for which he or she seeks election for six
(6) fW m,.pAhs b e f6^ 180 days before the first allowed filing date for the election, shall be
eligible to the office of councilperson. The first allowed filing date shall not be included in
calculating the 180 dam
§3. [COUNCILPERSONS TO BE ELECTED FROM DISTRICTS].
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With the exception of Place No. 1 to be held by the mayor as provided for in section 2 of
Chapter III of this Charter, the City Council shall provide by ordinance for eight (8) single
member districts [will be revised to increase the number of single member districts to ten
(10) if Proposition 2 passes] so that with the exception of the mayor, one (1) member of
the City Council shall be elected from each of such defined districts by the voters residing
therein, and each candidate therefrom shall be a qualified elector of the city and shall have
continuously resided in the Council District for which he or she seeks election for six (6)
fii" ,,-.,.tAhs before 180 days before the first allowed filing date for the election. The first
allowed filing date shall not be included in calculating the 180 days.
The City Council shall, as often as census data is available, determine as nearly as
practicable the population of the respective districts and shall, by ordinance, revise the
boundaries of any or all of said districts to maintain a substantial equality of population in
each. Within sixty (60) days after passage of this amendment, the City Council shall, by
ordinance, designate the original district limits.
Amendment Number 7.
CHAPTER VII: MUNICIPAL COURT
§3. APPOINTMENT AND REMOVAL OF MUNICIPAL JUDGES.
The chief judge and associate judges shall be selected and appointed bymajority vote of all
the members of the city council to serve specified terms. Initial appointment and
reappointment to any term is at the sole discretion of the city council.
The chief judge and associate judges may be removed during their term of office by a
majority vote of all members of the city council. Removal mqy include any one or more of
the following grounds: dereliction of duty, incompetency, incapacity to serve, misconduct
or conduct discrediting the position.
Amendment Number 8.
CHAPTER X: THE BUDGET AND FINANCIAL PROCEDURE RELATING
THERETO
§2. ANNUAL ^PP O r n rrIONS O DPP O BUDGET.
Public hearings on the manager's proposed budget shall be held and notice of such
hearings shall be provided in accordance with applicable state law; however, no less than
one 1) public hearing shall be held on the budget following notice of such hearing_ The
budget shall not be adopted at the same meeting as the public hearing. The annual
appropriations ordinance providing funding for the proposed budget, shall be ittfE)El ee
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along with a corresponding ad valorem tax levy ordinance
shall ulse--be considered by the City Council at the same meeting the City Council
considers approving the budget, in4fedueed at the same time. Publie h°,,fings en the
Gotmeil meeting agenda tHAil stieh a time as these efdinanees afe adopted. The
reading. The City Gouneil shall Hot appfeve the budget (seeend reading of t
appfopfiations efdina-nee) tiatil a4 least ten (10) days aftef this pubhealieft. Following the
seeand feading and final passage of the appr-epr-ia4iens efdinaflee, it shall agaiff be
eeuneil to the eity manager's originally r oa budg + Upon approval of the budget, the
caption of the appropriations ordinance shall be published once, and the caption and
penalty of the ad valorem tax levy ordinance shall be published twice in the City's official
newspaper. The final approved budget and the full text of each ordinance shall be posted
on the city's website and filed in the city secretary's office and made available for public
inspection. The budget will become effective upon this seeaii' publieation. approval by
City Council. The appropriations ordinance and ad valorem tax levy ordinance shall
become effective upon publication in accordance with this section.
Amendment Number 9.
CHAPTER XX: THE INITIATIVE
§6. INITIATIVE BALLOTS.
The ballot used in voting upon an initiated ordinance shall state the caption of the
ordinance and below the caption shall set forth on separate lines the words, "For the
Ordinance" and "Against the Ordinance." Where an initiated ordinance and an alternative
ordinance proposed by the council are submitted, the ballot shall state the captions of each
ordinance, clearly designating them "Ordinance No. 1" and "Ordinance No. 2,"
respectively, and shall set forth below the captions on separate lines the words "For
Ordinance No. 1," and "For Ordinance No. 2," and "Against Both n,din , ees." Where an
initiated ordinance and an alternative ordinance are submitted each voter shall vote "For"
only one ordinance or "Against Ba+' -nees," and a vote f-of ene efdina cue
eeunted as a vote against—the—ethe nee. Where an initiated ordinance and an
alternative ordinance are submitted to the voters, the measure that receives the highest
number of favorable votes shall prevail in that election. if a,,,,,,;efity E)ft the votes east is ;,,
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Amendment Number 10.
CHAPTER XXVII: MISCELLANEOUS
§21. [R-EPE_^_T En; PROVIDING PUBLIC NOTICE BY ELECTRONIC AND WEB
BASED PUBLICATIONS WHERE ALLOWED BY STATE LAW.
The City mqy provide public notice by utilizing electronic and other web based
publications and notices as a substitute for newspaper publications where allowed by State
law. Electronic and web based publications and notices shall meet any content or deadlines
or other date requirements established by law or rule for publishing that notice in a
newspaper. The notice or link must be placed in a prominent place on the home page of the
City's website.
Amendment Number 11.
CHAPTER III: THE CITY COUNCIL
§8. RELATING TO CITY COUNCILPERSONS ACCEPTING DIFFERENT OFFICE
AND PROVIDING FOR FORFEITURE OF OFFICES AND POSITIONS OF
ASPIRANTS FOR COMPENSATED OFFICE.
No person elected to the City Council shall, during the term for which he/she was elected,
be appointed to any office or position in the service of the city. If a member of the council
shall become a candidate for nomination or election to any public office, other than that of
councilperson, he/she shall forfeit his place in the council; but shall continue to hold the
office until a successor is duly qualified in cases in which such holdover is required by
state law
employment held undef-the eit-y.
CHAPTER XXVII: MISCELLANEOUS
§7 STANDARD WAGE TO PREVAIL I IN DIRECT EMP lIVA iTENT OF r''!TV
Standard wages shall be paid for-all elasses of empleymei4 iii the sefviee of the eit�-
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