Loading...
HomeMy WebLinkAboutCP 80 OF, U:U)Ijgu MMOUEM ■ 4 r 1 PRM R, fN E w Aq POLICY PROPOSAL DATE FILE NUMBER SUBJECT Proposed Charter Amendments PAGE 1 OF 2 2/17/81 CP-80 PROPOSAL PROPOSED BY: Mayor Pro t CITY M ER'S RE W Richard C. Newkirk, Coun ilmen On January 27, 1981, the Charter Review and Revision Committee presented their recom- mendations on needed Charter revisions to the City Council. The recommendations represented the culmination of almost eight months of weekly meetings during which Committee members, Council members, citizens, and City staff studied and discussed needed changes to the City Charter. Following Council review on January 27, 1981, this Council Committee was appointed to further review the recommendations and make its own recommendations on the proposed oo& revisions. The Committee held four meetings to discuss the Charter recommendations with City staff and with the Chairman and the Sub-Committee Chairmen of the Charter Review and Revision Committee. Based on those discussions and our own deliberations we reported to the Council on February 10, 1981. The Charter Review and Revision Committee recommendations and our own subsequent recommendations address "housekeeping" problems and, for the most part, are directed -k at updating current Charter language, obtaining compliance with State statutes, and effecting rather routine, but much needed,administrative changes. Although there are no major revisions proposed, the recommendations do represent a significant step in modernizing and improving the current City Charter so that it will continue to successfully provide the framework for an effective and responsive municipal govern- ment for the citizens of Fort Worth. We propose that the City Council adopt the attached ordinance that will enable sub- mission of the proposed Charter amendments to the citizens of Fort Worth on the April 4 municipal election ballot. Legality The attached ordinance has been prepared for your consideration. Fiscal Note It is estimated that submitting the proposed Charter amendments to the citizens at the regular municipal election, April 4, 1981, rather than holding a special election at a later date will save the City approximately $40,000. Implementation of the proposed changes, if adopted by the voters, should not cause any significant costs to the City. LEGALITY FISCAL NOTE CRY MANAGER'S COMMENTS POLICY PROPOSAL (cont'd) PAGE z OF 2 City Manager's Comments I concur with the proposal and believe that the proposed Charter amendments will significantly strengthen and improve the current Charter by eliminating conflicts between the Charter, State statutes, and City operating procedures. Richard C. Newkirk, Mayor Pro Tem J A. Bagsby, Cou ilma , Opp Councilman Jeff Davis CRY OF FORT WORTH • V0Iii �� M . CITY OF FORT WORTH, TEXAS A% =!.AWE r — DEPARTMENT OF LAW CITY w►LL February 12 , 1981 FORT WORTH, TEXAS 76102 870,7600 / AREA CODE $17 TO: The Honorable Woodie W. Woods , Mayor and Members of City Council FROM: Paul C. Isham City Attorney RE : ORDINANCE CALLING FOR ELECTION ON PROPOSED CHARTER AMENDIoIENTS Attached is a draft of a proposed ordinance calling an election on April 4, 1981 , regarding proposed amendments to the Charter of the City of Fort Worth. This ordinance and the amendments included will be discussed at a public hearing scheduled for the City Council meeting on February 17th . I apologize for sending a draft to you, but because of the length of this document , it was impossible to finalize it prior to the Thursday agenda deadline . I trust that you will bear with me on this matter , and I hope to have a finalized document to you by Tuesday. au C. Is am City Attorney PCI :ks att. ORDINANCE NO. AN ORDINANCE ORDERING A SPECIAL HOME-RULE ELECTION IN THE CITY OF FORT WORTH, TEXAS, TO BE HELD ON SATURDAY, THE 4TH DAY OF APRIL, 1981, FOR THE PURPOSE OF SUBMIT- TING TO THE QUALIFIED VOTERS OF SAID CITY, FOR• ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF FORT WORTH; AUTHORIZING THE CITY COUNCIL TO DESIGNATE THE PLACES AT WHICH SAID ELECTION IS TO BE HELD; PRESCRIBING PRESIDING OFFICERS THEREOF; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Fort Worth, in the exercise of the sound discretion reposed in it by the Constitu- tion and laws of this State, and more particularly Articles 1165 through 1174, inclusive, Vernon's Texas Civil Statutes, relating to the amendment of city charters by cities having more than five thousand (5,000) inhabitants, deems it wise and expedient to sub- ,nit proposed amendments to the existing Charter of said City, hereinafter set forth, at a special election to be held in said City on Saturday, the 4th day of April, A. D. 1981; NOW, THERE- FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. That a special election be held in the City of Fort Worth, Texas, on Saturday, the 4th day of April, 1981, for the purpose of submitting to the qualified voters of said City, for adoption or rejection, the following proposed amendments to the existing Charter of the City of Fort Worth: PROPOSED AMENDMENTS I. Shall Section 2, Chapter I. Organization, Boundaries, Annex- ation of Adjacent Territory, of the Charter of the City of Fort Worth be amended so that same shall hereafter read and be as follows: "Section 2. Corporate Boundaries.--The corporate boundaries of the City of Fort Worth are as set out and defined in the Charter adopted in 1924 and as modified by ordinances of the City of Fort Worth enacted sub- sequent thereto as found in the Office of the City Secretary."? II. Shall Section 3, Chapter I, Organization, Boundaries, Annex- ation of Adjacent Territory, of the Charter of the City of Fort Worth be amended so that same shall hereinafter read and be as follows: "Section 3. Annexation of Adjacent Territory-- Method and Procedure of Holding Election Therefor.-- Territory adjoining and continguous to the corporate limits of the City of Fort Worth may be annexed to the said City in any one of the two several ways herein specified: (1) In the event that an election to ascertain the sentiment of the persons residing in such territory so seeking annexation be deemed necessary, then the following procedure shall apply, to-wit: The proclama- tion for such election shall be made by the Mayor of the City, and he shall also designate the polling places and name the election judges and clerks, who shall be selected from the residents of said terri- tory. Only persons, residents of said territory, who are qualified voters under the laws of the State of Texas, shall be permitted to exercise the right of suffrage at such election. The polls at such election shall be open from seven o'clock in the morning until seven o'clock in the evening, and the expenses of conducting such election shall be borne by the City of Fort Worth. The ballot to be used therefor shall contain the words "For Annexation" and "Against Annexa- tion", and the voter shall strike out the one or the other according as he may be for or against the proposition. Returns of such election shall be made to the City Council by the offices of the election depositing the tally sheets and other adjuncts to the election with the City Secretary, and thereafter as soon as practicable the Council shall canvass the returns, and in the event it is found that a majority of all the votes cast at such election are favorable to such annexation, then and thereupon the Council may by ordinance declare such territory annexed to the City of Fort Worth and an integral part of the same. In the event of annexation, persons residing in such territory shall thereafter be entitled to all the rights and privileges of other citizens of said City and be bound by the laws, ordinances, rules and regulations govern- ing other citizens of said City of Fort Worth; and the Council shall have power to agree and obligate itself to the citizenship of such territory so seeking admis- sion to apply to the improvements of streets and public grounds in said territory a portion or all of the funds raised by taxation for street improvement for a given number of years, not to exceed five, insofar as the same may be collected from the property situated in said territory, and may also have authority, if in the judgment of said Council, it should be just and equita- ble, to further agree and obligate itself to apply to the improvement of the streets in said territory during said years additional sums not to exceed fifty percent in any one year of the amount that may be collected for such purpose from the property situated in such terri- tory. (2) Additions to the territory of the City of Fort Worth may be made pursuant to any laws that may be passed by the Texas Legislature relative to the exten- sion of the corporate limits of cites, and applicable to the City of Fort Worth."? III. Shall Section 7, Chapter II, Powers of the City, of the Charter of the City of Fort Worth be amended so that same shall hereinafter read and be as follows: "Section 7. (a) The City of Fort Worth shall have power to construct or to acquire by purchase or condemnation and thereafter improve, repair, maintain, extend and operate as a public utility, one or more systems of the distribution of natural gas, water, sewer, electric and steam heat utility companies and public service companies such as cable television, taxicabs, transportation and transit companies and all puolic utilities of every kind, together with all appurtenances of every nature within or without the city necessary or convenient to the operation thereof. (b) For the purpose of carrying out the provi- sions hereof, complete power, authority and discretion is vested in the City Council of .the City of Fort Worth. The Council, consistent with the provisions hereof, may fix all details attendant upon the con- struction or acquisition and financing of said system or systems, and to that end may authorize the execution of such contracts, agreements, mortgages, deeds of trust, releases, franchises, obligations and other instruments, as it may consider necessary, and may fix all details thereof not herein specifically provided and required. The provisions hereof shall be liberally construed to effect the purposes of this section. The powers granted in this section shall be cumulative and in addition to all other powers now possessed by said city, and shall not be considered as in substitution of any other methods of procedure now available to, or which may hereafter be available to the city. This section shall in itself be complete and independent authority for the construction or acquisition of and payment for the utilities herein authorized to be con- structed, in carrying out the provisions hereof shall not be subject to the restrictions and limitations contained elsewhere in this charter, and particularly shall not be subject to the provisions of Chapter 22, Section 19 of Chapter 25, and Section 2 of Chapter 26 of said Charter." IV. Shall Section 1, Chapter II, The City Council, of the Charter of the City of Fort Worth be amended so that the same shall hereinafter read and be as follows: "Section 1. The City Council.--The powers of the City government shall be vested in a body to be known as the City Council, composed of nine members, one of whom shall be the mayor. Their terms of office shall be for a period of two years and until the election and qualification of their successors."? V. Shall Section 1, Chapter III, The City Council, of the Charter of the City of Fort Worth be amended by adding new sub- sections (a) through (d) so that the same shall hereafter read and be as follows: (a) A person who has served as a member of the City Council other than Place One for three consecutive two-year terms shall not again be eligible to become a candidate for, or serve in, any place on the City Council except Place One until at least one complete term has elapsed. (b) A person who has served three consecutive two-year terms as member of City Council, Place One, shall not again be eligible to become a candidate for, or to serve in, any place on the City Council until at least one complete term has elapsed. (c) A 'term' as used in subsections (a) and (b) shall include any period of service during a City Council term when that period is in excess of one year, including a term from which the member resigned. (d) Notwithstanding other provisions of this section, a person is not eligible to become a candidate for, or serve on the City Council for more than six consecutive two-year terms."? VI. Shall Section 3, Chapter III, The City Council, of the Charter of the City of Fort Worth be amended so that same shall hereinafter read and be as follows: "The Council may determine the compensation of Council members by ordinance, but no ordinance increas- ing such compensation shall become effective until the date of commencement of the terms of Council members elected at the next regular election, provided that such election follows the adoption of such ordinance by at least six (6) months. However, in no event, shall such compensation exceed $9,600 per year. Council members shall receive their actual and necessary expenses incurred in the performance of their duties of office."? VII. Shall Section 4, Chapter III, The City Council, of the Charter of the City of Fort Worth be amended so that same shall hereinafter read and be as follows: "Section 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 Councilmen 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 pursuant to Article 2.01b of the Texas Elec- tion 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 Candi- dates 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 on the second Saturday following the preceding special elec- tion 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. How- ever, no such 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 (90) days prior to the general election as specified in Chapter IV, Section 2, a majority of the remaining Council members may appoint a qualified person from the District whose pace has been vacated to serve the unexpired term. 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 councilmen. 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."? VIII. Shall Section 5, Chapter III, The City Council, of the Charter of the City of Fort Worth be amended so that same shall hereinafter read and be as follows: "Section S. Meetings of Council and Committees to be Public--Quorum--Regulations of Proceedings--Council to Provide Rules of Procedure.--At eleven o'clock a.m. on the first Tuesday after ten (10) days after the general or special election, the elected members of the new Council shall meet at City Hall and take the oath of office. Thereafter, the Council shall meet at such time and place as may be prescribed by ordinance or resolution, but not less than one regular meeting shall be held each week, unless postponed for valid reasons to be spread on the minutes. A quorum shall consist of six members unless there are vacancies, in which event the quorum shall be reduced by the number of vacancies existing. All official meetings of the Council and all sessions of the Com- mittees of the Council shall be public ex- cept as authorized by law. The ayes and nos shall be taken upon the passage of all ordi- nances 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 the remaining members."? Shall Section 7, Chapter III, The City Council, of the Charter of the City of Fort Worth be amended so that same shall hereinafter read and be as follows: "Section 7. City Secretary--The City shall appoint a City Secretary and prescribe the duties and compensation of said officer, and shall provide him with such assistans as it may deem necessary. He shall hold office during the pleasure of the City Council. During his term of office, the City Secretary shall awi*mmrt be a resident of the City of Fort Worth."? 46h ie., Shall a new Section 8 be added to Chapter III, The City Council, of the Charter of the City of Fort Worth which shall hereinafter read as follows: "Section 8. Relating to City Council- ment 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 was elected, be appointed d.,.14g-she t r Lti i r h agpoisood to any office or position in the service of the City. If a member of the Council shall become a candidate for nomina- tion or election to any public office, other than that of Councilman, he shall immediately forfeit his place in the Council ; and any appointive officer or employee of the City who shall become a candidate for nomination � . or election to any public office shall im- mediately forfeit the office or employment held under the City." and shall Section 16, Chapter XXIV, Civil Service, be repealed and deleted from the Charter of the City of Fort Worth? X. Shall Section 1, Chapter IV, Method of Nominating and Electing Members of the City Council, of the Charter of the City of Fort Worth be amended so that same shall hereinafter read and be as follows: "Section 1. Councilmen--Eligibility Only qualified and registered voters under the laws of Texas, who have been residents of the City for at least six months next preceding the election shall be eligible for the office of Councilman."? "XT Shall Section 2, Chapter IV, Method of Nominating and Electing Members of the City Council, of the Charter of the City of Fort Worth be amended so that same shall hereinafter read and be as follows: "Section 2. No Primary Election to Determine Nominations--Councilmen to be Selected in General Election Biennially.--Primary elections to deter- mine the selection of nominees for members of the City Council shall not be resorted to. There shall be but one election, and that a general election, for the purpose of selecting members of the City Council, the same to be held biennially, on the first Saturday in April of odd-numbered years. The City Secretary shall make up the official ballot from 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 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 in- volved in the drawing, or a representative designated by him, shall have a right to be present and observe the drawing. In the event any candidate for either of said offices fails to receive a majority of all votes cast for all the candidates for such office at such election the Mayor shall, on the first day following the completion of the official count of the ballots cast at said first election, issue a call for a second election to be held on the fourth Saturday following the preceding City election to determine which one shall be declared elected. The official ballot to be used at said second election shall be prepared by the City Secretary and the name of no person shall appear unless he was a candidate for the office designated at said first election. The candidates receiving the first and second highest number of votes cast for candidates for such office at such first election shall be entitled to have their names appear on said official ballot in the order of their standing in the computation of the votes cast for such candidates at said first election as candidates at said second election for such office; provided, however, that in the event any person who was a candidate at said first election and who shall be entitled to become a candidate in such second election shall fail to request that his name shall appear on the official ballot therefor at such second election as herein provided, the candidate for such office standing next highest in the computation of votes shall suc- ceed to the rights of such candidate who failed to N , -7- request that his name appear upon the ballot at said second election: provided further, that two (2) can- didates for such office at said first election shall be entitled to become candidates therefor at said second election, which two (2) candidates shall be those two (2) among such candidates as shall stand highest respectively in the computation of all votes cast for all the candidates for such office at said first election as shall file written request to be placed on the official ballot as candidates for such office at said second election. In the event of a tie in the vote for the two (2) leading candidates for any office at said first election, said office shall be filled at a second election as herein pro- vided for, at which such candidates so tied in said first election may again become candidates. In the event such candidates who tied in said first election, or either of them shall fail so to do, the two (2) candidates for such office who are next highest in the computation of votes therefor and who desire to become candidates therefor at said second election shall be entitled so to do in order of the number of votes they respectively received at said first election. In the event of a tie between the two (2) candidates for any office at said second election, they shall cast lots to determine who shall be elected to such office." and shall Sections 4 and 5 of Chapter IV, Method of Nominating and Electing Members of the City Council, be repealed and deleted from the Charter of the City of Fort Worth? all Section 3, Chapter IV, Method of Nomi!) ing and Electin bers of the City Council, of the arter of the City of Fort Worth amended so that same s 1 hereinafter read and be as follows : "Section 3. th th exception of Place No. 1 to be held by the Ma s provided for in Section 2 of Chapter III of t Charter, the City Council shall provide by or nanc or eight (8) single- member districts that, wi the exception of the Mayor, one memb of the City ncil shall be elected from ch of such defined 'stricts by the voters resi ng therein, and each ca idate there- from sha be a qualified elector oft City and shall ve resided in the district from ch he seek election for a period of at least six onths ne preceding the election."? XIII Shall Section 1, Chapter V, The City Manager, of the Charter of the City of Fort Worth be amended so that same shall hereafter -8- read and be as follows: "Section 1. The Council shall appoint the City Manager, who shall be the chief administrative and executive officer of the City. He shall be chosen solely upon the basis of his executive and administra- tive training, experience, and ability, and without regard to political consideration. Qualifications being equal, preference shall be given in the selection of a resident citizen of Fort Worth for this position. No member of the Council shall be chosen as City Manager. The City Manager shall not be appointed for a definite fixed time, but shall be removable at the will and pleasure of the Council, by a vote of the majority of the entire Council. If removed after serving six months, he may demand written charges and the right to be heard thereon at a public meeting of the Council prior to the date on which his final removal shall take effect; but pending such hearing the Council may suspend him from office. The action of the Council in suspending or removing the City Manager shall be final. In case of the absence or disability of the City Manager, the Council may designate some qualified person to perform the duties of the office. The City Manager shall receive such compensation as may be fixed by the Council prior to the appointment. During his term of office, the City Manager shall be a resident citizen within the City of Fort Worth."? XIV Shall Subsection (1) , Section 2, Chapter V, The City Manager, of the Charter of the City of Fort Worth be amended so that same shall hereafter read and be as follows: "(1) In cooperation with the City Attorney, to see that all laws and ordinances are enforced."? XV Shall Subsection (10) , Section 2, Chapter V, The City Manager, of the Charter of the City of Fort Worth be amended so that same shall hereafter read and be as follows: "(10) Either personally or by one or more Assis- tant City Managers designated by the City Manager, to execute all documents, contracts and legal instru- ments on behalf of the City as provided by this Charter or by the ordinances or resolutions of the Council posed in pursuance thereof."? XVI Shall Chapter VI, Department of Law, of the Charter of the City of Fort Worth be amended so that same shall hereafter read -9- and be as follows: "Section 1. There shall be a Department of Law, the Director of which shall be the City Attorney, whose appointment shall be recommended by the City Manager and approved by the Council and who is a competent practicing attorney, duly licensed, and who shall have practiced law for at least five (5) years immediately preceding his appointment. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City depart- ments, offices and agencies, and the City Attorney shall represent the City in all legal proceedings, and draft, approve or file his written legal objec- tions to every ordinance before it is acted upon by the Council, and prepare or endorse his written approval or file his written legal objections to all documents, contracts and legal instruments in which the City may have an interest, and perform any other duties prescribed by this Charter or by ordinance. During his term of office, the City Attorney shall be a resident citizen within the City of Fort Worth. Section 2. The City Attorney shall serve as the Director of the Department of Law, and shall have power to appoint such assistants as may be deemed necessary to assist in performing the duties of the department, subject to the approval of the City Manager and the Council; such assis- tants to serve in that capacity as long as their services are satisfactory to the City Attorney. The City Attorney and assistants shall receive such compensation as may be fixed by the Council. Section 3. No extra outside counsel shall be retained to assist the City Attorney or his assistants, save and except in cases of extra- ordinary importance and emergency, approved and adopted by the Council. In such contingency, the Council shall fix in advance, as far as practicable, the compensation to be allowed such extra or outside counsel by resolution spread upon the minutes. Section 4. The City Attorney shall not be ap- pointed for a definite fixed time, but shall be removable at the will and pleasure of the Council by a vote of not less than a majority of the entire Council. If removed after serving six months, he may demand written charges and the right to be heard thereon at a public meeting of the Council prior to the date on which his final removal shall take effect; but pending such hearing the Council may suspend him from office. The action of the Council in suspending or removing the City Attorney shall be final. In case of the absence or dis- ability of the City Attorney, the Council may designate some qualified person to perform the duties of the office."7 a -10- XVII Shall ection 2, Chapter VIII, Administrativ De artments to be Control d and Administered by the CityXanager, of the Charter of the ty of Fort Worth be amend so that same shall hereinafter read an be as follows: "Section 2. uties to Di ctors of Depart- ments.--A director r each the above depart- ments shall be appoin d by he City Manager, and shall serve until remo y the City Manager, or until his successor is a ointed and has qualified; provided, that the Cit Ma er shall assume the directorship of the D partmeof Finance, unless otherwise ordered b the Counc'1. Each director shall have power t prescribe r es and regula- tions, not incon stent with this harter or ordinance, for a conduct of his artment and the preservat' n of the records and p perty under his control. Subject to the control an supervi- sion of th City Manager in all matters, e director a department shall manage his departm t. During his term of office, the Direct , Chief or Head of such of the above d - part nts shall and must be a resident citizen wit in the City of Fort Worth." XVIII Shall Section 1 through 7, inclusive, of Chapter XI, Depart- ment of Police, of the Charter of the City of Fort Worth be amended so that said Chapter shall hereafter read and be as follows: "CHAPTER XI DEPARTMENT OF POLICE "The City Council shall provide by ordinance for the establishment and regulation of a Depart- ment of Police."? r� Shall Section 1 through 9, inclusive, of Chapter XII, Fire Department, of the Charter of the City of Fort Worth be amended so that said Chapter shall hereafter read and be as follows : "CHAPTER XII FIRE DEPARTMENT The City Council shall provide by ordinance for the establishment and regulation of a Fire Department."? -11- VM Shall Section 1, Chapter XX, Recall of Councilmen, of the Charter of the City of Fort Worth be amended so that same shall hereafter read and be as follows : "Section 1. Recall of Councilmen--Procedure;-- Election of Successors.--Any Councilman of this City may be recalled and removed from office by the electors qualified to vote for a successor of such incumbent as herein provided. The procedure to remove Councilmen shall be as follows: A petition signed by the qualified voters en- titled to vote for a successor to the Councilman sought to be removed, equal in number to at least twenty percentum of the entire number of persons entitled to vote for a successor to said Councilman at said time, demanding the recall of said Council- man shall be filed with the City Secretary, provided that such petition shall contain a general statement of the grounds for which the removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers to each of such papers shall make oath before an officer competent to administer oaths that each signature is that of the person whose name it purports to be. Within ten days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number �- of qualified voters, and, if necessary, the Council shall allow him extra help for that purpose, and he shall attach to said petition a certificate showing the result of such examination. If, by the Secre- tary's certificate, the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The Secretary shall within ten days after such amendment is filed, if any is so filed with him, make like examination of the said amended petition, and if his certificate shall show same to be insufficient, it shall be returned to the person filing same without prejudice, however, to the filing of a new petition based upon new and different grounds, but not upon the same grounds. If the petition be found sufficient, the Sec- retary shall submit the same to the City Council without delay. If an election is to be held within the City for any other purpose within sixty days from the date of said certificate, then the said recall election shall be held on the same day. If the Councilman in question resigns, no election shall be necessary and the vacancy shall be filled as in other cases of vacancies. The provisions regulating examination, certi- fication and amendment of initiative petitions shall -12- apply to recall petitions. If the petition is certi- fied by the City Secretary to be sufficient and the - Councilman whose removal is sought does not resign within five days after the certification to the Council, the Council shall order and hold a recall election in the affected district. Such election shall be held on the first available election date specified pursuant to Article 2.01b of the Texas Election Code unless the Council shall request, and receive, permission from the Governor to call an emergency special election. If a recall petition should be certified within thirty (30) days of an 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 date from the Governor. Ballots used at recall elections shall conform to the following requirements. (1) With respect to each person whose removal is sought the question shall be submitted "Shall (name of Councilman) be removed from the office of City Councilman?" (2) Immediately below each such question there shall be printed the two following positions, one above the other, in the order indicated: 'For the recall of (name of Councilman) . ' 'Against the recall of (name of Council- man) . ' If a majority of the votes cast at a recall election shall be against removal of the Councilman named on the ballot, he shall continue in office. If the majority of the votes cast at such election be for the removal of the Councilman named on the ballot, the Council shall immediately declare his office vacant and such vacancy shall be filled in accordance with the provisions of this Charter for the filling of vacancies. A Councilman thus removed shall not be a candidate to succeed himself in an election called to fill the vacancy thereby created. No recall petition shall be filed against a Councilman within six months after he takes office, and no Councilman shall be subject to more than two recall elections during a term of office."? XX. Shall Section 6, Chapter XXI, The Initiative, of the Charter of the City of Fort Worth be amended so that same shall here- after read and be as follows : -13- "Section 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 alterna- tive ordinance proposed by th Council are submitted, the ballot shall state the c tions of each ordinance, clearly designating them 'OrFinance No. 1' and Ordinance No. 2, ' respectively, and shall set forth below the captions on separate lines the words 'For Ordinance No. 1, ' 'For Ordinance No. 2, ' and 'Against Both Ordinances. ' Where an initiated ordinance and an alternative ordinance are submitted, each voter shall vote 'For' only one ordinance or 'Against Both Ordinance;' and a vote for one ordinance shall be counted as a vote against the other ordinance. If a majority of the votes cast is in favor of a submitted ordinance, it shall thereupon be effective as an ordinance of the City."? XXIY. Shall Section 7, Chapter XXI, The Initiative, of the Charter of the City of Fort Worth be amended so that same shall hereafter read and be as follows: "Section 7. Number of Measures to be Initiated - Initiated Ordinances Subject to Amendment or Repeal by Council.--Any number of proposed measures may be voted upon at the same election in accordance with the pro- visions of this Charter. Initiated ordinances, adopted by the electors, shall be published and may be amended or repealed by the Council as in the case of other ordinances; but not until two years after such ordi- nance or ordinances shall become effective." 1 XXII=. Shall Section 1, Chapter XXII, Referendum, of the Charter of the City of Fort Worth be amended so that same shall hereafter read and be as follows : "Section 1. If prior to the date when an ordinance of a general nature passed by the Council shall take effect, or within thirty days after the passage of same, a referendum vote should be demanded on same, as hereafter provided, such ordinance shall be submitted to the legal voters of the City of Fort Worth, and the same shall not be effective and valid until the said ordinance shall have been approved by a majority of those voting thereon; provided, that this section shall not apply to mere matters of routine, or emergency measures passed on the ground of urgent public need for the preservation of peace, health, safety or property, by a vote of not less than three-fourths of the City Council, nor to the general appropriation ordinance or bond ordinances." ? ! -14- 7/ 7 Shall Section 5 "Improvement of Highways--Power to Order-- Procedure--Specifications of Material--Bond of Contractor-- Advertisement of Bids--qer to Accept or Reject--No Change of Bids--," Chapter XXIII, Improvement and Paving of Streets and Highways, of the Charter of the City of Fort Worth be amended so as to substitute the words "Director of Public Works" for the words "City Engineer"? U/V Shall Section 8, Chapter XXIII, Improvement and Paving of Streets and Highways, of the Charter of the City of Fort Worth be amended so that same shall hereafter read and be as follows: "Section 8. Improvement--Lista of Owners Notice to Owners--Protests--Procedures.--When The contract or contracts for improvements have been executed and approved, if any part of the cost is to be assessed against property, or its owner or owners, the Director of Public Works shall at once prepare a statement containing the names of persons, firms or corporations or estates owning property abutting on the highway, or sec- tion thereof, to be improved and the number of front feet owned by each, with such description by lot or block number, or otherwise, sufficient to identify the same, and also containing an estimate of the total cost of the proposed im- provement, the cost per front foot of abutting property. Said statement shall be examined by the City Council and any errors therein corrected, but no error or omission shall invalidate any assessment made thereunder. When said statement has been approved by the Council, it shall then determine and declare the necessity of assessing any part of the cost of proposed improvements against such owners and their property by resolu- tion directing notice to be given to such owners and fixing the time and place of a hearing to be given them. Such notice shall be signed by the City Secretary, or other officer designated by the Council, and shall state the time and place of hearing, the general nature of improvement proposed, the highway or section thereof to be improved and the total amount and amount per foot proposed to be assessed against owner and his property. *Such notice shall be served by publishing same for three times the first being at least 21 days before the date of hearingjin the City's official newspaper and by mailing a copy thereof by letter deposited in the post office of said City directed to the address of each owner, if -15- known, but if not known, then to the address of his agent or attorney if known. Said letters shall be posted at least fourteen days before the day of said hearing. Said notice and letter shall contain all the information required by law. On the day fixed for said hearing or any time thereafter, before any assessment is made, any person, firm, corporation or estate owning or having any interest in any property proposed to be assessed for any part of the cost of such improvement or against whom any personal charge is proposed, shall have the right to appear before the City Council in person, or by attorney or agent, and shall be entitled to a hearing as to all matters affecting said assessment or personal liability, or the benefits of said improvement, if any, to property proposed to be assessed and any objection to such assessment, or to the making of such improvement or any invalidity or irregularity in the proceedings with reference thereto, or any other objection. All objections shall be filed in writing, and thereafter the opportunity shall be given to persons filing objections to subpoena witnesses and produce testimony. Said hearing may be adjourned from time to time until completed without further notice. The City Council shall have power to inquire into and determine all facts necessary to the adjudication of objections and the ascer- tainment of special benefits to such owners by means of such improvements, and shall render such judge- ment in each case as shall be just and proper. Objections to the regularity of any proceedings, or the validity of any assessment or charge of personal liability against any person or property, t shall be waived unless presented at the time and in the manner herein specified."? XXV#. Shall Section 9, Chapter XXIII, Improvement and Paving of Streets and Highways, of the Charter of the City of Fort Worth be amended so that same shall hereafter read and be as follows : "Section 9. Improvements--Ordinance Fixing Lien--Partial Payments--Interest-- Release of Lien--Personal Liability--Joint Ownership--Sales Under Lien--Ordinance-- Notice of Lien--Errors--Effect of.--When said hearing has been concluded, the City Council shall be ordinance, which shall take effect from its passage, without publication or other prerequisites, assess against the several owners of property, and their property abutting on the highway or section thereof, ordered to be improved, such part of the cost of improvement as said Council may have adjudged against them. Said ordinance shall fix a lien upon said property and declare the respective owners thereof to be personally liable for the amounts assessed against them, and shall state the time and terms of payment of such amounts. The said ordi- nance shall prescribe the rate of interest upon deferred payments, not exceeding eight per cent per annum, and shall provide that failure to pay any installment when due shall mature all of said deferred payments, But any owner shall have the -16- right to discharge any installment before maturity by the payment of same with accrued interest to date of payment. The lien and charge of personal liability above Referred to shallf secure and include all costs of collection, as4-n reasonable attorney's fee, when incurred. Upon payment in full of any assessment against any such property, the City shall, acting by its Mayor, execute a release which shall discharge the lien thereof. More than one parcel or lot of land, the property of one owner, or owned jointly by two or more owners, may be assessed together without invalidating said assessment or the lien thereof, or any claim of personal liability. The cost of such improvement assessed against a_n�ipt�1T s ownertgt, her with interest ec- tion, asonable attorney's fees, when incurred, shall constitute a personal claim against such pro- perty owner, and be secured by lien on such property superior to all other liens, claims or titles, except lawful taxes, and such liability and lien may be enforced in any court having jurisdiction, or by sale of such property by the officer, and in any manner, as far as applicable, as sales are authorized to be made for nonpayment of City taxes, but it shall not be necessary to sell at the same time as for delinquent taxes. The recital in any deed made in pursuance to such sales that all legal prerequisites to the validity thereof have been complied with, shall be prima facie evidence thereof, and without further proof shall be presumed to be true. The City Council may by resolution make such rules and regulations as may be deemed proper to enforce the collection of such assessments. Any error or omission in any proceeding herein provided for shall be corrected by the Council, and shall not invalidate the said proceedings. The passage of such ordinance making said assessment shall be notice to all persons of the lien created thereby'.'? XXV I 0. Shall Section 10 "Improvements-- Suit by Owner--Ten Day Limitation--Precedence in Courts--Defendants--Suspension of Improvements.--", Chapter XXIII, Improvement and Paving of Streets and Highways of the Charter of the City of Fort Worth be amended so as to substitute the word "fifteen" for the word "ten" wherever it appears in Section 10? XXVII#. Sall Sections 1 through 19, inclusive, of Chapter XXIV, Civil Service of the Charter of the City of Fort Worth be repealed and a new Chapter substituted in lieu thereto read as follows : -17- "CHAPTER XXIV. MERIT SERVICE Consistent with all applicable federal and state laws, the City Council shall provide by ordinance for the establishment, regulation and maintenance of a Merit System, governing personnel policies, grievances and other procedures and practices necessary to the effective administration of employees of the City of Fort Worth."? IMTX ` Shall Section 2, Chapter XXVII, Franchises and Public Utilities, of the Charter of the City of Fort Worth, which section reads as follows: "Section 2. Franchises--Vote--Regulation. The City Council of the City of Fort Worth shall not grant to any person or corporation a franchise beyond the term originally fixed for its termination by the ordinance granting the same, for the use or control or distribution of any public utility, such as gas, water, electric light works, street rail- ways, conduit system for electric lights, telephone or telegraph lines, and all other public utilities, whether similar or otherwise to these mentioned, (subject to the exceptions set out in section three of this Chapter) unless the proposed ordinance granting such franchise, or the extension thereof, shall first have been submitted to a vote of the qualified voters of said City of Fort Worth, at either a general election or a special election called therefor, and until the same shall have been approved by a majority of the electors of said City voting at such election. All franchises shall be granted upon condition, and the same shall be a part of the franchise grant, that the City Council of the City of Fort Worth shall have the right to fix and regulate the price for the service to be performed thereunder; and upon the further condi- tion that the City shall have the right to pur- chase the property operated thereunder at any time after ten years subsequent to such grant, at the actual replacement value of said property, less depreciation; the replacement value to be determined, in case of disagreement between the City and the owner of the property, by arbitration as provided by the statutes of the State of Texas. The City Council shall have the power to compel all persons, firms or corporations operating any public utility in this City, whether operating under existing franchises, or franchies that may be here- under granted, to extend their service, lines, pipes, etc. , if the person to be benefited by such extension will pay the costs thereof, or if it can be shown that the revenue resulting from such exten- sion will, within a reasonable time after same is made, pay a reasonable return on the investment, after making the customary allowance for depreciation. No franchise for a longer period than twenty-five years shall ever be granted or given by the City of Fort Worth.", be repealed and deleted from the Charter of the City of Fort Worth? -18- Shall Section 3, Chapter XXVIII, Miscellaneous, of the Charter of the City of Fort Worth be amended so that same shall hereafter read and be as follows: "Section 3. City Plan Commission.--The City Council shall b ordinance provide for the creation of a City Plan Commission, and provide for not less than seven as the number of members composing the same, their tenure of office, the scope of activities of said Commission, and making provision for the maintenance and upkeep of the same."? XXXI. Shall Section 5, Chapter XXVIII, Miscellaneous, of the Charter of the City of Fort Worth, which section reads as follows: "Section 5. Eight Hour Day to Obtain in all City Contracts, Except in Case of Extraordinary Emergency.--Except in the case of extraordinary emergency, not to exceed eight hours shall constitute a day's work for any employe of the City of Fort Worth, coming within the civil service provisions, and for any workman engaged in any public work carried on or aided by the municipality, whether done by contract or otherwise; provided, that this section shall not apply to employes of the Fire Department. Adequate ordinances to carry into effect this section shall be passed by the City Council." be repealed and deleted from the Charter of the City of Fort Worth? XXXIO. Shall Section 7, Chapter XXVIII, Miscellaneous, of the Charter of Fort Worth, which read as follows: "Section 7. Providing for Compensation Insurance for Employes Engaged in Dangerous Branches of the City Service.--The City Council shall provide by ordinance for carrying compensa- tion insurance on all its employes engaged in working in and around dangerous machinery and other hazardous branches of its service. The City Council may extend the said provisions for compensation insurance to other grades and branches of the service whenever in its judg- ment such policy shall be advisable." be repealed and deleted from the Charter of the City of Fort Worth? XXXII6 Shall Section 10, Chapter XXVIII, Miscellaneous, of the Charter of Fort Worth be amended so that same shall hereafter read and be as follows: -19- "Section 10. Council to Provide Construction Codes--Supervision and Inspection of Buildings-- Power to Condemn and Remove Builings Dangerous to the Health, Safety and Welfare of the Public and Assessment Costs.--The City Council shall pass ordinances as permitted by law for the employ- ment of all necessary construction codes, and providing for the inspection and supervision for all structures and buildings within the City and for the inspection and condemnation of hazardous buildings and structures and for the removal thereof and the assessment of costs thereof. "The City shall have full power to condemn all dangerous buildings or obstruction of every kind, and shall provide regulations therefor by ordinance." and Section 28, Chapter XXVIII, Miscellaneous, of the Charter of the City of Fort Worth which section reads as follows: "Section 28. Power of Council to Remove Buildings, Fences, Awnings or Other Structures Liable to Fall Down and Injure Persons or Property.--Whenever in the opinion of the City Coulhil any building, fence, shed, awning or other structure of any kind, or any part thereof, is liable to fall down and injure persons or property, the Council may order the owner or agent of same, or any owner or occupant of the premises on which said building, shed, awning or other structure stands, to take down and remove the same within such time as it may prescribe, and may by ordinance provide that failure to comply therewith shall be a misde- meanor and prescribe the penalty therefor. The City Council shall have the additional power to remove the same at the expense of the City on account of the owner of the property and assess the expenses thereof, including condemna- tion proceedings, as a special tax against the land, and the same may be collected as other special taxes provided for in this Charter, or by suit in any court of competent jurisdiction. The City shalave full p9ber to condemn all dangerous bui Ings or obstructions of every kind, and may provide regulations therefor by ordinance." be repealed and deleted from the Charter of the City of Fort Worth? Awn Shall Section 13, Chapter XXVIII, Miscellaneous, of the Charter of Fort Worth be amended so that same shall hereafter read and be as follows: "Section 13. Franks, Free Tickets and Passes Prohibited.--No Councilman or other officer or employee of the City shall accept any frank, free ticket, pass or service directly or indirectly, from any person, firm or corporation operating a public service utility within the City upon terms more favorable than are granted to the public generally. Violation of the provisions of this section shall be made a misdeameanor by proper ordinance."? -20- �S�St�L moo' Shall Section 14, Chapter XXVIII, Miscellaneous, of the Chapter of Fort Worth be amended so that same shall hereafter read and be as follows: "Section 14. Council to Pass on All Contracts Involving $3,000.00 or Larger Amount--Contracts of $3,000.00 or Over Not to be Signed by City Manager Unless Authorized and Directed by Council.--All contracts of Five Hundred ($500.00) Dollars or more shall be awarded to the lowest responsible bidder, quality considered, after public advertisement and competition, as may be prescribed by ordi- nance; but the City Manger, or the City Council, shall have power to reject all bids and adver- tise again. All advertisements shall contain a reservation of the foregoing rights. Con- tracts for public work shall be signed by the City Manager, after approval thereof by the City Council. No contract for the expenditure of money of Three Thousand ($3,000.00) Dollars in amount or over shall be signed by the City Manager, or any other office of the city govern- ment, until previously authorized by the City Council. Contracts under said amount may be executed by the City !tanager without first referring the same to the City Council for approval."? XXXVIr. Shall Section 15, Chapter XXVIII, Miscellaneous, of the Charter of Fort Worth be amended so that some shall hereafter read and be as follows: "Section 15. No Alteration of .Contract for Public Work Without the Approval of the City Council.--When it becomes necessary to make changes in the plans or specifications after performance of a contract for Public Works has been commenced, or it becomes neces- sary to decrease or increase the quantity of work to be performed, such change, alteration or modification shall be made only when a change order therefor is authorized by the City Council upon the written recommendations of the City Manager. The total contract price shall not be increased thereby unless due provision has been made to provide for the payment of such added cost by appropriating available funds for that purpose. No such change, alteration, or modification shall be valid unless the price to be paid for the work, materials, equipment or supplies has been agreed upon in writing and signed by the con- tractor and the City Manager upon the authoriza- tion of the City Council. Where a change order involves a decrease or increase in cost of ten percent (10%) of the original contract price or Three Thousand Dollars ($3,000.00) whichever is less, such -21- change order may be executed by the City Manager or other officer designated by the City Council without referring same to City Council for approval. Provided, however, that the original contract price may not be increased under the provisions of this section by more than ten percent (10%) or Three Thousand Dollars ($3,000.00) whichever is less, without the approval of the City Council."? XXXVI. Shall Section 21, Chapter XXVIII, Miscellaneous, of the Charter of Fort Worth be amended so that same shall hereafter read and be as fullows: "Section 21. Public Work and Improvements Constructed by City Forces.--When authorized by the City Council, public work and improvements may be constructed by City forces in accordance with ordi- nances and policies adopted by the City Council concerning same. ? XXXVII. Shall Section 22, Chapter XXVIII, Miscellaneous, of the Charter of Fort Worth be amended so that same shall hereafter read and be as follows : "Section 22. Emergency Work.--Where it be- comes necessary to act at once to preserve the property of the City, to preserve or protect the public health of the citizens of the City, or to protect unforeseen damage to public property, machinery or equipment, the City Manager may cause emergency work or improvements to be made by con- tract without first submitting such work and improvements or the pruchase of necessary materials and equipment to competitive bids; or the emergency work may be done by City forces and the purchase of necessary materials and equipment may be made. Every such case shall be reported by the City Manager to the City Council at its next regular meeting with a statement of facts constituting such emergency action. Separate accounts shall be kept of all such work. Nothing in this section shall preclude the City from doing maintenance and repair work by City forces."? XXXVIII. Shall Section 27, Chapter XXVIII, Miscellaneous, of the Charter of the City of Fort Worth, which section reads as follows: -22- "Section 27. City Not Liable for Damages on Account of Injuries Sustained Arising for Defects or Obstructions in any Public Street, Sidewalk or Highway, Unless Prior Notice of Such Defect or Obstruction Be Given to the City Council, ETC.-- The City of Fort Worth shall never be liable on account of any damage or injury to person or pro- perty arising from or occasioned by any defect in any public street, sidewalk, highway or grounds or public works of the City, or from any obstruc- tion therein, unless the specific defect or obstruction causing the damage or injury shall have been actually known to the City Engineer by personal inspection for a period of at least twenty-four hours prior to the occurrence of the injury or damage, or unless the attention of the City Council or the City Engineer shall have called thereto by notice in writing at least twenty-four hours prior to the occurrence of the injury or damage, and prior diligence had not been used to rectify the defect or obstruction after actually known or called to the attention as aforesaid." be repealed and deleted from the Charter of the City of Fort Worth? XXXIX. Shall Section 31, Chapter XXVIII, Miscellaneous, of the Charter of Fort Worth be amended so that same shall hereafter read and be as follows: "Section 31. Contracts.--No contract for the furnishing of supplies or services for the City, except as otherwise provided in the Charter, shall be made for a period of more than one (1) year, unless authorized for a longer period by the City Council."? XXXX. Shall Section 32, Chapter XXVIII, Miscellaneous, of the Charter of Fort Worth, which section reads as follows : "Section 32. No Commission for Sale of City Bonds.--No commission or brokerage shall be paid, either directly or indirectly, for the sale of any bonds or other evidences of indebtedness of the City." be repealed and deleted from the Charter of the City of Fort Worth? -23- XXXXI. e Shall Section 36, Chapter XXVIII, Miscellaneous, of the Charter of Fort Worth, which section reads as follows: "Section 36. City Council to Encourage Location Within the City Industrial and Manufac- turing Concerns by Making Low, Equal and Uniform Classification of Their Property for Taxation.-- Believing it to be a wise public policy to encourage the location of industrial and manufac- turing enterprises within the territorial limits of the City of Fort Worth, the City Council is hereby directed to classify the plants, pro- perties and businesses of the industrial and manufacturing concerns now located, or hereafter to be located, within the corporate limits of the City, in a separate and distinct class for the purposes of taxation, and to place the valuation of the properties owned or held by such concerns, for the purposes of taxation, upon a low but equal and uniform basis of valuation. be repealed and deleted from the Charter of the City of Fort Worth? XXXXII. Shall Section 41, Chapter XXVIII, Miscellaneous, of the Charter of Fort Worth be amended so that same shall hereafter read and be as follows : -z4- "Section 41. (a) There shall be a retire- ment system for the employees of the City which shall be known as the Employees' Retirement Fund of the City of Fort Worth. The Employees' Re- tirement Fund may provide a system of retirement and disability pensions including death and survivor benefits for all municipal employees who become disabled as a direct and proximate result of the performance of their duties, or as a regard for faithful service over a period of years. The mayor, members of the Council, members of boards and commission, and part-time or temporary employees are not entitled to participate in the Employees' Retirement Fund. (b) Such system shall be governed by a Board of Directors composed of such members and selected in such manner as may be provided by ordinance of the Council, provided that municipal employees shall have representation on the Board. (c) Such system shall be financed by a retirement fund created by contributions of the members and of the City, in a manner as may be provided by ordinance of the Council. (d) The City of Fort Worth shall have and enjoy all of the powers and authority heretofore granted by the statutes and Constitution of the State of Texas and that may hereafter be so granted affecting pensions for its officers and em- ployees."? SECTION 2. That the polling places for this election, the personnel or the officers who are to hold the same and the Absentee Ballot Canvassing Board, except insofar as they may be changed by the City Council of said City, shall be as follows: Precinct No. Polling Places Judge -25- SECTION 5. That voting machines approved by the Commissioners' Court of Tarrant County, Texas, if available, may be used at the charter amendment election on the 4th day of April, A. D. 1981, in strict compliance with the applicable pro- visions of Article 7.14 of the Election Code of the State of Texas, as amended, and all other applicable provisions of such Election Code. SECTION 6. That the official ballots to be used shall be in com- pliance with applicable provisions of Article 6.05 of the Election Code of the State of Texas, as amended, and shall have written or printed thereon the following: CHARTER AMENDME14TS Place an "X" in the square beside the statement indicating the way you wish to vote. I. Yes Shall Section 2, Chapter I, Organization, Boundaries, Annexation of Adjacent Terri- toro I of the Charter o the City o art No h be amended so that the corporate boundaires are defined by the charter adopted in 1924 and as modified by ordi- nances enacted subsequent thereto? SECTION 5. ffi.• That voting machines approved by the Commissioners' Court of Tarrant County, Texas, if available, may be used at the charter amendment election on the 4th day of April, A. D. 1981 , in strict compliance with the applicable provisions of Article 7. 14 of the election Code of the State of Texas , as amended, and all other applicable provisions of such Election Code. SECTION 6. That the official ballots to be used shall be in compliance With applicable provisions of Article 6.05 of the Election Code of the State of Texas , as amended, and shall have written or ' printed thereon the following: CHARTER. AMENDMENTS Place an "S" in the square beside the statement in- dicating the wav you wish to vote. I . YES Shall Section 2, Chapter I, Organization, hnundaries , Annexation of Adjacent Territory nl' the Charter oT tiTe City of Fort Worth be j NO amended so that the corporate boundaries are defined by the charter adopted in 1924 and as modified by ordinances enacted subsequent thereLo? II . Yi'S Shall SecLion 3, Chapter I , Organization, Boundaries , Annexation of Adjacent 1'erritorv, of��e (;hrirter o� f [fie City of Fort WortnTe 1 i�0 amended so that it conforms with the require- ments of Lhe Municipal Annexation Act of 1964? III . l I YES Shall Section 7, Chapter II , Powers of the Cid, of the Charter of the City of_Fbrt Q_orth Be amended so that the City would have the ( ijO authoriLv to operate any type of public utility system and to do all things necessary if constructing, acquiring or operating a puolic utility system? IV. I j N'E5 Shall SeL'Vioh 1, Chapter III , The City Council , of the CharLer of the CiLv of Tort Worth tie amended to provide for two (2) year Lerms for I NO City Council members? V. YES Shall Section 1, Chapter III, The City Council , of the Charter of the City of ort Worth be amended to limit the ntunber of terms of City E] NO Council members? VI. �] YES Shall Section 3, Chapter III, The City Council , of the Charter of the City of Fort Worth be amended to provide by ordinance for compensa- F] NO tion of City Council members? VII . YES Shall Section 4, Chapter III, The City Council , of the Charter of the City of Fort worth be amended to provide filling vacancies in the I ] NO City Council by special elections? VIII . all I_ � YL•"S Shall Section 5, Chapter III , The City Council , of the Charter of the City oforF t Worth be amended to reduce the quorum of the Council by J NO the number of vacancies? IX. rJ YES Shall Section 7, Chapter III, ThheeChit _Council , of the Charter of the City of Fort Worth be amended to require that the City Secretary be 140 a resident of the city? X. f ,I YES Shall the Charter of the City of Fort Worth be amended so that Section 16 , Chapter XXIV, Civil _ Service, is deleted and such section becomes a L NO new Section 8 of Chapter III, The City Council , of the Charter? XI. +� [J YES Shall Section 1 , Chapter IV, Method of Nominating and Electing Members of the City Council , be amen3-e- to reEuceiiie age of e lgi i ity to NO serve on the City Council from age twenty-one (21) to age eighteen (18) and require that only qualified and registered voters of Texas who have been residents of the City for at least six months shall be eligible for the office of Councilman? XII. 7 YES Shall Section 2 , Chapter IV, Method of Nominating and Electing Members of the Ci1t�-C—ouncI , 01` the Chanter ootlhe City of Fort Worms Ue amended to NO provide for a biennial election on the first Saturday in April of odd-numbered years , drawings for places on the ballot, run-off elections , and run-offs in case of a tie vote at first election, and shall Section 4 and 5 of Chapter IV, Method_ of Nominating and Electing Members of the Cit Counci7Te repe�e3-ande ete ? XIII. �] YES Shall Section 1 , Chapter V, The City Manager, of the Charter of the City oT Fort Worth be amended to require that the City Manager be a L—] ijo resident of the city? XIV. YES Shall Subsection (1) , Section 2, Chapter V, Tile_ City Manager, of the Charter of the City of FortTlorth ue amended to require that the City (—_f NO Hanager cooperate with the City Attorney to see that all laws and ordinances are enforced? XV. YLS Shall Subsection (10) , Section 2, Chapter V, The City Manager, of the Charter of the City of I ort Wirth be amended to permit certain Assis- NO tant City Hanagers designated by the topCity itanager to execute contracts and legal instru- ments on behalf of the City? XVI . J YL•'S Shall Chapter VI , Department of Law, of the Gnarter of the City of F'ort'- ort F5e amended to require the City Attorney to have practiced law L J NO for at least five (5) years, to redefine the duties of the City Attorney, to require the Cite Attornev to he a resident of the city, to pro- Aft vide for assistants , to designate such situa- tions wnen outside counsel may be used, and to designate that the City Attorney will not he appointed for a definite fixed time? XVII . j YtS Snall Sections 1 through 7, inclusive, of Chapter Xl , DeLartment of Police, of the Charter of the City of Fort Worth be amended so J ido that said Chapter shall require the Citv Council to provide by ordinance for the estab- lishment and regulation of a Police Department ? XVIII . YsS Shall Section 1 through 9 , inclusive, of Cnapter rill , Fire Department, of tr he Chater of the Citv oI Fort Worth be amended So that J NO said Chapter shall require the Citv Council to provide by ordinance for the establishment and regulation of a Fire Department? XIX. [] YES Shall Section 1 , Chapter XX, Recall of Council- men_, of the Charter of the City o Fort Worth 5e amended to permit the recall of a Councilman �] NO elected from a single member district, to elim- inate other names of candidates on the recall ballots, to set special election dates for the recall , to declare a vacancy if a Councilman is recalled, and to prohibit a recall within six (6) months after a Councilman takes office? XX. YES Shall Section 6, Chapter XXI , The Initiative, of the Charter of the City of Fort Worth be amended to allow voters to vote for the [ j A0 initiated ordinance or the ordinance on the same subject adopted by the Council? XXI . YES Shall Section 7 , Chapter XXI, The Initiative , of the Charter of the City of Fort WortliT-�e amended to change the time period from six (6) 110 n►lnt;l:c to two (')) vcars before an adopted initiated ordinance could be amended or re- pealed by the Council? XXII . YES Shall Section 1, Charter XXII, Referendum, of the Charter of the City of Fort odor i -5-e_ amended to change the requirement that a U 140 referendum petition must be submitted within thirty (30) days after passage of an ordinance /► rather than within thirty (3) days after pub- lication of an ordinance, and to change from two-thirds to three-fourths the number of Council votes necessary to pass an ordinance as an emergency? XXIII . YI:S Shall Section 5, Charter XXIII, Improvement and Pavin�nf Streets and ilignways, of die T1_iart er of the City of Fort Werth be amended to substi- ( NO Lute the w�)rds "Director of Public Works" for Lhe words "City Engineer"? XXIV. [] YES Shall Section 8, Chapter XXIII , Ln rovement and Pavia of Streets and Highways , of the Chnrter of—the Ci tv o Furl Worth Tie amended to suhsti- I ] NO tute the Director of Public Works for the City Engineer, and Lo change the notice requirements to property owners to comply with state law? XXV. J YES Shall Section 9, Chapter XXIII , Improvement and Paving_ of Streets and Hi h_waas, o the Charter o the City o Fort Wort be amended to permit [ ] NO recovery, by the City, of interest as set by the Council , and costs of collection, including reasonable attorney's fees if incurred, as part of the assessed costs of paving? XXVI . YES Shall Section 10, Chapter XXVI,n jL Improvement_ and Paviof Streets and H_ighwwxs ,_ao t he C arter oftTie Gity o Fort Worth be amended NO to change from ten (10) days to fifteen (15) days the time period from the date of hearing of the paving assessment that an interested person may institute suit regarding the assess- ment? XXVII. f YES Small Sections 1 through 19 , inclusive , of S Chnpter XXIV, Civil Service , of the Charter of L I I e crit of Fort Worth he repealed and a new NO Chapter XXIV entitled Merit Service be substi- tuted in lieu thereof which sTalt require the City CounciI to provide by ordinance for a merit system governing personnel- poiicies and procedures? XXVIII. Y L S Shall Section 2, Chapter XXVII, Franchise and Public utilities, of the Charter of tiT e City Pori Wottli authorizing vote on franchise M) be repcnlcd because it conflicts with state law? XXIX. ] YES Shall Section 3, Chapter XXVIII , Miscellaneous , of the Charter of the City of Fort Worth,_be amended so that the City Planning Commission j NO shall have not less than seven (7) members? XXX. YES Shall Section 5, Chapter XXVIII , Miscelianeous , of the Charter of the City of Fort Worth, limiting, an employee's work day and any work- NO man engaged in public work to eight (8) hours be repeated? XXXI . YLS Shall Section 7, Chapter XXVIII , Miscellaneous , of the Charter of the City of Fort Worth re- quiring, tlic Cil} to provide compensation insur- 140 ance on all employees working around dangerous machinery be repealed because all Citv emplovees Me now protected by the SLate Worker's Com- pcnsal ion ,pct? XXXII. [] YES Shall Section 10, Chapter XXVIII, Miscellaneous , of the Charter of the City of Fort Wort e amended to provide for ordinance concerning [] t4 0 construction codes and the inspection and con- demnation of hazardous buildings, and shall Section 28 of Chapter XXVIII, Miscellaneous, which provides for the removal of buildings , fences, awnings, or other structures which are about to fall down be repealed? XXXIII. ( ] YL•S Shall Section 13, Chapter XXVIII, i9iscellaneous, of the Charter of the City of Fort Wort be amended to include firemen and policemen in the [ ) NO prohibition of receiving franks, free tickets and passes from public service utilities? XXXIV. YES Shall Section 14, Chapter XXVIII, Miscellaneous_, of the Charter of the City of Fort Worti he amended so that contracts of Three Thousand NO 03,000.00) Dollars or larger, rather than five Hundred Dollars or larger must be approved by Lile City Council? XXXV. YES Shall Section 15, Chapter XXVIII, Miscellaneous , of the Charter of the City of Fort Worts he amended so Lhat the City Council may provide by 1 140 ordinances for the cunsLruction by City forces a� of public works and iwprovemenLs? XXXVlI. ( iL•'S Shall Sect ion 22 , Chapter XXViil , P_1is_ceilane_o_u_s_, of the Ch:irtcr of the CiLv of ForL hrrLii ire amended to reword the language providing for Lhe 140 City Manager to cause emergency work to be made by contract Without Lhe necessity of competicivt bids and then report such situation to the City /. Council at the ne\L meeLing? XXXvii1 . YES Shall Section 27, Chapter XXVIII , Miscellaneous , of the CharLer of the City of Fort Worth pro- viding Lhai the Ci Ly is not liable for damages 140 sustained aid arising ouL of defects in sLreeLs , sidewalks , or public Prounds be repealed because the Texas Supreme CourL has held such provisions unconstiLutional? XXXIX. 'i LS Shall SeCLion 31 , Chapter XXVIII , Nis cellaneous , of the Charter of the City of Fort IJorth be amended to allow this City Council Lo authuri::e NO contracts for supplies and services for a lon;;cr period of time than one (l) year? XXXX. 1 YES Shall Section 32, Chapter XXVIII , Miscellaneous , ' of the Charter of the City of Fort Worth, pro- hibiting a commission for sale of City bonds be ( ] NO repealed? XXXi;I. YES Shall Section 36, Chapter XXVIII , Miscellaneous , of the Charter of the City of Fort Worth authorizing the City Council to place industrial FJ NO and manufacturing concerns locating in the City in a separate and distinct class for purposes of taxation be repealed? XXXi;II . YES Shall Section 41, Chapter XXVIII , Miscellaneous , of the Charter of the City of Fort Worth be amended to require the City Council to provide NO by ordinance for the contributions by members and the City into the Employees ' Retirement Fund? SECTION 7. Thnt the City SecreLary is hereby ordered and directed tL1 prepare and issue halloLs for absentee voting and for the sp-cial election :and to stamp same "Official B:allot ," on which ballots snail be printed the proposed charter amendments here- inahove set forth. SECTION 8. That the 6itY Secretary shall furnish election official-, hallotS, tot',ether with wiv other firms , blanks or insLruc- tions in accordance with the Charter of the Citv of i'orL Worth. Texas . and the laws of the State of Texas insofar as same arc applicahle, anti the provisions of this ordinance unless a court of competent jurisdiction orders otherwise . SECTION 9. That the way and manner of holding LhiS election, the 11"LiCe Lo be }riven Lherefor, the polling places , the personnel of Lhe officers , precinct judges and substitute-, therefor who are Lo hold Lhe same, and all details connected wiLh the holdiu.L•, of the election Shall be determined and arranged by the City Connci1 :and administered under the dircCLion of and by the Citi Secret Ir,,. SECTION 10. That this ordinance shall constitute the election order for such special election, a substantial copy of which shall serve as the notice of election under Article 1170 of the Re- vised Civil Statues of the State of Texas. SECTION 11. That the City Secretary is hereby authorized and directed to cause notice of said election to be given by posting a sub- stanLial copy of this election order in each of the election precincts of said City and also at the City Hall ; and that this uoticc of said election shall also be published on the same day in crack of Lwn (2) successive weeks in a newspaper of general circulation published within said Gity, the date of the first hubliraLion to be TIOL less than fourteen (14) days prior to the dale set for said election, and the City Secretary shall see Lhat proper publication is made and proper notice of this election is given, in full conformity with the applicable statutes of the State of Texas. SECTIO:+ 12. Tical the proposed amendments as hereinabove set forth , if approved i)y a majority of the qualified voters voting upon said amendments , shall become a part of the Charter of the City of ell Fort Worth as soon as an official order has been entered on the Council Minutes of said Citv by the City Council Lhereof, declaring the same adopted. SECTION 13. '1h;a this ordinance, election order and notice shall take cffecL and be in full force and effect from and after the date of its passage, and it is so ordained. \'1 fI; APPKOVED AS TO FORM A14D LEGALITY: OA Ci[y Attorney o the City o Port Worth, Texas