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City Council |
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Agenda Request |
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Agenda Of: |
December 16, 2008 |
Agenda Request No: |
VII-A |
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Initiated By: |
Joe Morris, City Attorney |
Responsible Department: |
City Attorney’s Office |
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Presented By: |
Mary Von Tungeln, Charter
Commission Chair |
Department Head: |
joe morris City Attorney |
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Additional Department. Head (s): |
n/a |
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Subject / Proceeding: |
Charter Commission Final Report |
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Exhibits: |
Charter Commission Final Report |
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Clearances |
Approval |
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Legal: |
n/a |
Executive Director: |
n/a |
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Purchasing: |
n/a |
Asst. City Manager: |
n/a |
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Budget: |
n/a |
City Manager: |
Allen Bogard |
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Budget |
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Expenditure Required: $ |
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Current Budget:
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Additional Funding:
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Recommended Action |
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Receive report. |
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Executive Summary |
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On December 4th, the Charter Commission voted to adopt the attached Report and Recommendations to the City Council on Charter Amendments. Mary Von Tungeln, Chairperson, will present the Report to you and answer any questions you might have. The City Secretary and City Attorney have prepared the attached tentative schedule for completing the Council’s review of the Commission’s recommendations for the May election. |
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Exhibits |
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Charter Commission Report
Council Schedule for Reviewing Recommendation
2008 CHARTER
COMMISSION
Report and Recommendations to
City Council on Charter Amendments
The City Charter requires the City Council to appoint a Charter Commission at least every five years to review City operations and recommend to the Council whether changes in the Charter should be made. On August 19, 2008, the City Council appointed Mary Von Tungeln, Al Abramczyk, Thomas Demont, Larry Harrison, and Sandy Hellums to serve on the 2008 Charter Commission. The Council appointed Mary Von Tungeln to serve as Chairperson.
Commission
Proceedings.
The Commission first
met on September 11, 2008. The
Commission held a total of eleven meetings, all of which were open to the
public and for which notice was given as provided by the Open Meetings Act. The City and local media publicized the
appointment of the Commission. The City
included information on the Commission on its website under “Hot Topics”
shortly after the Commission was appointed, invited the public, Council
members, and City staff to provide comments or suggestions in writing, by
email, or in person on Charter issues to review. The Commission’s minutes of
its meetings were posted on the City’s website throughout the process. The Mayor, three Council members and the City
Manager provided comments to the Commission about issues to consider. The Commission also received comments from
one citizen on issues to consider. The
Commission held a formal public hearing on November 6th, notice of
which was published in the Fort Bend Star on Oct. 22nd and Oct. 29th
to receive any other comments or suggestions, but no one appeared to address
the Commission at that time.
The Commission’s
recommendations on Charter revisions are divided into “major” and “minor”
revisions, with a brief explanation of each revision. Following the recommended revisions is a section
on issues that the Commission considered, but made no recommendation for
changes. A copy of the current Charter
is attached for reference purposes as Exhibit A.
Major Revisions
Recommended.
1. Article II - Council
Committees.
The Commission discussed whether meetings of committees that include
council members should be treated as public meetings for which notice is given
and the public has access. The
Commission determined that there should be transparency in the discussions of
City business by council members, particularly where there are more than two
council members on a council committee.
Therefore, the Commission recommends that the Charter be amended by
adding the following provision:
Sec. 2.10. Council
Committees.
Any committee
established by the mayor or city council to conduct any city business that
includes more than two council members must comply with the same requirements
of the Open Meetings Act that apply to a meeting of the city council.
2. Article III – Initiative,
Referendum, and Recall.
Article III of the Charter is the only Article of the Charter that has
not been completely reviewed by any one of the three previous Charter
Commissions. After an extensive review
of Article III, the Commission found that much of the current language is
archaic in contrast to the more modern language in the remainder of the updated
Charter, that the article is poorly organized, and there are internal conflicts
and provisions that conflict with current State laws. In reviewing the required
number of signatures for petitions, the Commission noted the State law that
provides for a petition to amend a city charter requires signatures by at least
five percent of the city’s registered city voters or 20,000, whichever is less. The Commission recommends that all of Article
III be revised as shown in attached Exhibit B, which contains explanatory notes
on the proposed changes. In summary, the
significant changes to Article III include the following:
(a)
A “General Provisions” section was added at the beginning of the Article to
provide for common procedures for initiative, referendum, and recall
petitions.
(b) For
purposes of determining and verifying the time within which signatures must be collected on a petition, the
revisions establish an “Initial Petition Date,” which is the date of the first signature obtained on a
petition. Signatures on petitions must be collected
within 45 days of the Initial Petition Date and a person must be a registered voter on the Initial Petition Date for the
signature to be counted toward the required number
of signatures.
(c)
The current Charter requires initiative and referendum petitions be signed by
at least 30% of the voters voting in the last regular City election. The
revisions require the petitions be signed by at least 10% of the registered
voters as of the Initial Petition Date.
(d) The current Charter
requires a recall petition be signed by at least 25% of the registered voters,
as applied to the City or District to which the recall applies. Unlike initiative and referendum provisions,
the current percentage requirement is not tied to the number of persons voting
in the last regular City election. Under
the proposed revision, recall petitions must be signed by at least 20% of the
City’s registered voters as of the Initial Petition Date, as applied to the
City or District to which the recall applies.
3. Article IV, Sections 4.02 -
City Secretary, and 4.03 - City Attorney.
The Commission considered whether the Charter should be revised to provide for the city council to appoint the city attorney and city secretary and have those positions report to the city council instead of the city manager. The Commission discussed the matter at length. It requested and received comments from the City Manager, the City Secretary, and the City Attorney on the issue. The City Manager thought the current arrangement was working satisfactorily, as did the City Secretary, and City Attorney. Councilmember Jones spoke in favor of the change as it applied to the position of city attorney. The City Attorney provided written information on the rules governing the legal profession which require the City Attorney to exercise independent judgment in providing legal advice, without regard to the person or person to whom he reports. The Commission also received information on how other cities fill the positions and to whom those persons report, as shown in attached Exhibit C.
The Commission analyzed the issue without regard to the persons currently occupying the positions. It considered whether a future city manager might hinder the city secretary and city attorney in the performance of their duties to city council if they continued to report to the city manager. Although the Commission recognizes the need for some independence in these two positions from City management, the Commission also recognizes that the city manager must have a close working relationship with the city secretary and city attorney and therefore should have some influence in choosing the persons who occupy those positions.
Although one Commission member advocated that the city attorney should be hired and terminated by the city council, the remaining Commission members believe that the concerns about ensuring the independence of the city secretary and city attorney can be satisfactorily addressed by requiring that the city manager receive the city council’s consent to hire or terminate the persons in those positions. The Commission also suggests that a provision be added addressing the city attorney’s duty to use independent judgment. Therefore, the Commission recommends that section 4.02 and section 4.03 be amended to read as follows:
Sec. 4.02. City Secretary.
The city manager shall, with the city
council’s consent, appoint a city secretary who shall serve at the pleasure
of the city manager and may, with the city council’s consent, be
dismissed by the city manager, with or without cause. The city secretary shall give notice of
council meetings, keep the minutes of the meetings, authenticate by signature
all ordinances and resolutions, and keep the corporate seal and affix the same
to documents and certificates as may be required.
Sec. 4.03. City Attorney.
The city manager shall, with the city
council’s consent, appoint a city attorney who shall serve at the pleasure
of the city manager and may, with the city’s council’s consent, be
dismissed by the city manager, with or without cause. The city attorney shall have been licensed to
practice law in this state for at least five (5) years immediately preceding
the appointment. The city attorney shall provide legal services to the
city. Although the city attorney shall
report to the city manager, the city attorney shall exercise independent professional
judgment on legal matters as required by the rules of the legal profession.
4. Article VI - Annual Audit.
State law requires that the City’s records and accounts be audited at
least once a year and an annual financial statement on its accounts
prepared. (Chapter 103, Local Gov’t
Code). The law also requires that the audit be performed by a certified public
accountant licensed by the State of Texas, if not otherwise audited by “…. a
person prescribed by statute, by charter, or by a person in the regular employ
of the municipality”.
The Commission understands that the City’s finance department does not
normally perform the audit and that, based on the current costs to retain an
auditing firm, the city council must approve the
contract for the auditor. Despite this
usual practice, the Commission also recognizes that the City could legally
perform an in-house audit if it had the necessary personnel and the expertise. The Commission believes that the Charter
should specify that the annual audit be done by an outside auditor.
It has also been the usual practice for the city council to select the
outside auditor because the city manager does not currently have the authority
to approve contracts that exceed $25,000.
To ensure the financial integrity of the City and independence from
management, the Commission believes that the current practice of the council
selecting an outside independent auditor for the annual audit and the
preparation of the annual financial statement should be a Charter
requirement.
Therefore, the Commission recommends adding the following provision to
Article VI. (Municipal Finance):
Sec. 6.06. Annual Audit. The city council shall select a certified
public accountant who is not an official or employee of the city to perform an
annual audit of the city’s records and accounts and to prepare an annual
financial statement based on the audit.
Minor Revisions
Recommended.
1. Introductory Paragraph to Charter.
The Commission
believes it is important to add some explanatory material preceding the Charter
for the guidance of the public.
Therefore, the Commission recommends that the City add the following
information at the beginning of the Charter.
Since this will not be part of the Charter, it need not be approved by
the voters.
In
Texas, a city with more than 5000 inhabitants may become a home-rule city by
the adoption of a charter, as authorized by Article XI, Section 5 of the Texas
Constitution. Home-rule authority means
a city may adopt any ordinance for its governance if the ordinance is not in
conflict with or prohibited by Federal or State law. Any amendments of the
Charter must also be approved by the voters, but changes in the Charter may not
be made more often than every two years.
The City Charter was adopted by the City’s voters in 1981 and has been
amended on the recommendations of a successive Charter Commissions appointed by
the Council to review the Charter every five years. There are numerous State and Federal laws and
regulations that apply to city operations that are not referenced in or cited
in the Charter.
2. Article I, Section 1.03 (e) - Limit on Franchises.
The Commission recommends that the last sentence of Section 1.03 (e) of the Charter be deleted. Section 1.03 lists various powers that the City retains under its home-rule power, including the powers listed in paragraph (e):
To the full extent allowed by law, to
require that any person, utility, or company making use of the city's streets or
property to provide any service to the public first obtain the written consent
of the city by license, permit, franchise, ordinance or otherwise. A
franchise shall not be valid for more than fifty (50) years.
A franchise is a legal term referring to a contract, often long-term, that allows a company to utilize City streets or rights-of-way to provide services to the public. Under State and Federal law, the City retains the right to require a franchise for electric providers and natural gas providers. However, the City may no longer require new cable television providers or telecommunication companies to receive a City franchise, though under State law they must continue to pay a fee for the use of City rights-of-way.
The fifty year prohibition was probably intended to prevent a council from entering into electric or similar utility franchises for an unreasonably long period of time since some of the original electric franchises ran for fifty years. The Commission feels that the limitation should be deleted since the council should have the flexibility to decide on the appropriate length of contracts.
3. Article I, Section 1.09 (f) -Voters in Area Annexed for Limited Purposes.
In 2007, the State Legislature passed a law that allows persons who reside within an area annexed by a city for limited purposes to vote in city elections for the election or recall of council members and the amendment of the City’s charter. The residents may not vote in bond elections or be elected as a council member. To comply with the change in State law, the Charter Commission recommends that the following paragraph of Section 1.09 be deleted:
(f) The property owners and
inhabitants of an area annexed for limited purposes may not vote in any City
election or exercise any of the other rights or privileges enjoyed by the
property owners and inhabitants within the full-purpose corporate limits of the
City area, except as otherwise provided for in this Charter, the ordinance
annexing an area for limited purposes, or as provided by other law.
4. Article II – Section 2.01
(d) - Time of Taking Office.
The Commission recommends that §2.01 (d) be revised to provide for a
candidate to city council to take office at the earliest possible date. Section 2.01 (d) now reads as follows:
(d) The city secretary shall promptly notify all
persons elected to office. A candidate who is elected in a regular, special or
runoff city election shall, after taking the oath of office as prescribed in
section 10.02 of this charter, take office, and enter upon his duties at the
next council meeting.
The current Charter indicates that a person elected to the council takes
office at the council meeting following the meeting at which the council
canvasses the election and declares the results. The current reference to Section 10.02, which
contained a restatement of the required oath of office, was deleted in earlier
Charter revisions, and therefore is unnecessary. Finally, the Commission believes the
reference to “regular, special, or runoff elections” is also unnecessary for
purposes of this paragraph. For these
reasons, the Commission suggests Section 2.01 (d) be revised to read as
follows:
(d) The city
secretary shall promptly notify all persons elected to office. The persons elected shall take their oaths
of office and begin their official duties immediately following the council’s adoption of
the ordinance or resolution declaring the results of the election.
5. Article
VI – Section 6.04 - Financial Reporting to City Council.
The
Commission discussed the purpose, the significance, and effectiveness of the
requirement of section 6.04. The
Commission concluded that since the City’s financial policies indicate that
other reports to the council may be necessary, the monthly reporting
requirement should be stated as the minimum requirement, but not be limited to
the prior month.
Sec. 6.04. Monthly Financial Statement. (Current)
Prior to the end of each month, the city
manager shall provide the city council with an interim financial statement for
the prior month.
Sec. 6.04. Financial Statements. (Revised)
The city manager
shall provide the city council with financial statements at least once a month.
Issues
Considered - No Recommendation Made.
Following is a
description of the issue discussed but no recommendation for a Charter revision
was made:
1. Article I, Section 1.09 (e) - City Sales
Taxes.
The Commission
inquired about §1.09, which authorizes the City to collect sales taxes
collected in an area annexed for limited purposes. The City Attorney gave some history on the
use of a State authorized Strategic Partnership Agreements to annex the River
Park Municipal Utility District for limited purposes and to impose and divide
City sales taxes collected within the district.
The Commission decided no revisions were needed.
2. Article II, Section 2.01 - Number of
Council Members.
The Commission
discussed whether the number of council members should be increased as a result of population increases. (§2.01) The Commission decided that the next Charter
Commission could consider the issue after the 2010 census is completed.
3. Article II, Section 2.03 - Length of Council Terms.
The Commission discussed at length whether the two-year terms of council members should be increased to three or four years. [§2.01 (a)] The City Attorney advised the Commission that under the Texas Constitution a city may provide for two, three or four year terms. However, if the Charter is amended to provide for a three or four year term, and a council member announces as a candidate for any other public office when there is more than one year left in the council member’s term, the announcement results in the council member’s automatic resignation from the council. But, under the constitutional provision for succession of offices, the council member would continue to serve until his or her successor was appointed or elected.
The
Commission notes that the issue was also discussed at length by the last
Charter Commission. The Commission
considered the following matters in its review: the time to learn the duties of
the office; the expense of running for office; intergovernmental appointments,
and effective governance. None of the
Commissioners were in favor of a four-year term. Two members were in favor of providing for a
three-year term. However, three members
believed that the current system was working well and therefore were not in
favor of a change at this time.
4. Article
II, Section 2.03 - Term Limitations.
The
Commission discussed whether the limitation on council members serving not more
than four times in any consecutive nine year period should be deleted.
(§2.03) One Council member suggested
that the Commission consider deleting term limits based on the idea that the
voters should have the right to determine whether they want a council member to
continue to represent them. Although the
Commission believes there is some merit to that position, it decided that the
City’s four term limit is generally longer than most cities having term
limitations, it was adopted by the voters, and there is no significant
justification to make a revision at this
time.
5.
Article II, Section 2.02 - Proof of
Council Member Residency.
The Commission discussed whether any
changes should be made to Section 2.02 to require proof of residency of council
members as part of the qualifications for office. The City Attorney advised the Commission that
Texas courts have generally held that residency is a question of fact to be
determined on a case by case basis, but any doubts about residency are
generally construed in favor of eligibility.
The Commission concluded that the question of residency was best left to
be determined in accordance with Texas law.
6. Article II, Section 2.05 (b and c) -
Acting Mayor and Mayor Pro Tem.
The
Commission reviewed whether there should be any changes in Section 2.05 (b) or
(c) relating to the acting mayor and the selection of a mayor pro tem. The Commission determined that changes, if
any, could be more appropriately addressed by a council policy.
7. Article II, Section 2.06 (a) (1) – Vacancy
in the office of the Mayor.
The Commission
reviewed whether there should be any changes in filling a vacancy in the
mayor’s office. The Commission
determined that while the language may be somewhat vague, it is sufficient for
City officials to follow the process.
8. Article II, General - Election
Campaigns.
The Commission discussed whether the Charter should be amended to
address political campaigns, including: (1) limiting campaigns to specific time
frames (i.e. 90days prior to the election date); or (2) expenditure
limits. Although the Commission feels
that the issues raised are valid, the Commission recommends the issues be
considered by another committee or task force.
9. Article
IV, Section 4.06 - Municipal Court.
Council Member Chaumette asked the Commission to
review the procedures for appointing and evaluating the municipal court
judge. The Commission briefly reviewed
the matter, but determined that no changes were needed and that the manner of
evaluation should be left to the council.
10. Article V. - Municipal
Planning and Zoning.
The Commission notes that the Planning and Zoning Commission and Board of
Adjustment are the only boards included in the Charter. The Commission discussed whether other boards
or commissions need to be included in the Charter and whether any changes need
to be made in the description of the duties of the Planning and Zoning
Commission.
The Commission determined that the Planning and Zoning Commission and the
Board of Adjustment are included in the Charter since they are part of the
procedures provided for under the State zoning statute, which the City has
adopted. Creating other boards by
ordinance gives the Council flexibility to revise their membership, powers, and
duties as needed. While there was one
Commission member who felt strongly that other permanent boards or commissions
should be included in the Charter, the remaining Commission members felt that
the Planning and Zoning and the Board of Adjustment were sufficient and no
changes are needed in the duties of the Planning and Zoning Commission at this
time.
11. Strong Mayor Form of Government.
One
citizen asked whether there were any factors that would dictate the City
considering changing from a city manager form of government to a strong mayor
form of government. Although State law
allows a Home-Rule city to adopt by charter any form of government it chooses,
the Commission believes the city manager form of government is the more
efficient of the two and does not believe there is any advantage in considering
a change in the current form of City government.
In closing, the
Commission wishes to thank the City Council for giving us this opportunity to
serve on this important Commission.
Respectfully
Submitted:
___________________________ ___________________________
Mary Von Tungeln Al
Abramczyk
___________________________ ___________________________
Thomas Demont Larry Harrison
___________________________
Sandy Hellums
Attachments: Exhibit A: Current Charter
Exhibit B: Article III
Exhibit C: Survey of Other Cities: Population, Method of Appointment of City Secretary
and City Attorney, Council Offices and Terms
Exhibit
A- Current City Charter
ARTICLE
I. GENERAL PROVISIONS
Sec. 1.01. Incorporation.
The inhabitants of the
City of Sugar Land, Fort Bend County, Texas, residing within its corporate
limits, are a municipal body politic under the name of the "City of Sugar
Land."
S Sec.
1.02. Form of
Government.
The City government
shall be known as the council-manager form of government. All City powers are
vested in an elected city council. The council shall appoint a city manager,
who shall execute the laws and administer City government.
(Ord. No. 1178, § 1,
6-15-99)
Sec. 1.03. General Powers.
S
The City
shall have all powers possible for a home-rule city to have under the Texas
Constitution, the laws of the State of Texas, and this Charter, as fully and
completely as though they were specifically enumerated in this Charter,
including the power:
(a)
To annex an area for full or
limited purposes as provided in this Charter and to disannex land.
(b) To
borrow money on the faith and credit of the City by the issuance and sale of
bonds, notes, or other debt instruments;
(c) To enact ordinances for the safety,
health, and general welfare of the citizens;
(d) To assess the owners of real property
abutting upon a public highway or street for street improvements made thereon,
in accordance with State law;
(e) To the full extent allowed by law, to
require that any person, utility, or company making use of the city's streets
or property to provide any service to the public first obtain the written
consent of the city by license, permit, franchise, ordinance or otherwise. A
franchise shall not be valid for more than fifty (50) years; and
(f) To the full extent allowed by law, to
regulate the rates, charges, fees, operations, and services of any person,
utility, or entity providing water, wastewater, electricity, natural gas,
telephone, telecommunications, cable television, taxicab, bus, solid waste,
transportation, or similar service to the public within the city.
Sec. 1.04. Garnishment and Execution.
(a) Except as otherwise provided for by
State or Federal law, City funds are not subject to garnishment and the City is
not required to answer in any garnishment proceeding.
(b) City property is not subject to any kind
of execution.
Sec. 1.05. Charter Commission.
The council shall
appoint a charter commission as often as it deems necessary, but not less than
every five years, to review the operations of city government under the Charter
and determine whether revisions should be made. At the conclusion of its
review, the commission shall make a written report of its recommendations of
changes, if any, to the city council. The city council may submit the
recommended changes, as it deems appropriate, to the voters for approval.
Sec.
1.06. Severability.
If any section or part
of a section of this charter shall be held invalid by a court of competent
jurisdiction, such holding shall not affect the remainder of this charter nor
the context in which such section or part of section so held invalid may
appear, except to the extent that an entire section or part of section may be
inseverably connected in meaning and effect with section or part of section to
which such holding shall directly apply.
Sec. 1.07. Non-Substantive Revisions.
(a) The City Council
may, without approval of the voters, adopt an ordinance that makes the
following types of revisions to the Charter:
(1) Renumbering, revising titles, and
rearranging parts thereof;
(2) Correcting errors in spelling, grammar,
cross-references, and punctuation; and
(3) Revising language to reflect modern usage
and style.
(b) A revision
adopted under this section is not intended to and is not to be interpreted as
making any substantive change in any Charter provision.
Sec.
1.08. Full-Purpose Annexation.
The City may by ordinance annex an area lying outside its corporate
limits for the purpose of exercising therein all of its municipal powers to the
fullest extent allowed by law and, upon annexation, the area so annexed and the
inhabitants thereof will be a part of the City for all purposes.
Sec.
1.09. Limited-Purpose Annexation.
(a) The City
may annex an area for one or more of the following limited purposes:
(1) To regulate by ordinance the use of real
property, including the use, construction, alteration, and maintenance of
structures, buildings, and signs to the same extent the City regulates those
matters by ordinance within the full-purpose corporate limits of the City; and
(2) To regulate by ordinance the health and
safety of persons within the annexed area to the same extent the City regulates
those matters by ordinance within the full-purpose corporate limits of the
City.
(b) Any City
ordinance annexing an area for limited purposes will specify the City’s
existing ordinances that will initially apply to the area annexed for limited
purposes. The city council may by later
ordinance apply other existing City ordinances to an area previously annexed
for limited purposes if for a purpose specified in this section. Any amendment of a City ordinance that
applies to an area annexed for limited purposes will, upon the effective date
of the amendment, automatically apply to the area annexed for limited purposes.
(c)
The City has the power to administer and enforce its ordinances that apply in
an area annexed for limited purposes to the same extent and through the same
procedures that its ordinances apply within the full-purpose corporate limits
of the City. The City’s municipal courts
have jurisdiction within an area annexed for limited purposes to enforce the
City’s ordinances that apply therein to the same extent the municipal courts
may enforce ordinances within the full-purpose corporate limits of the City.
(d) The City may by
ordinance impose and collect reasonable charges from property owners and
inhabitants of an area annexed for limited purposes to the same extent and
amount that the City imposes and collects charges from property owners and
inhabitants within the full-purpose corporate limits of the City for the same
or similar services or regulations, but the City may not levy a municipal ad
valorem tax on the personal or real property of the property owners or
inhabitants of an area annexed for limited purposes.
(e) The City may
impose and collect a sales and use tax in the area
annexed for limited purposes to the full extent allowed by law.
(f) The property
owners and inhabitants of an area annexed for limited purposes may not vote in
any City election or exercise any of the other rights or privileges enjoyed by
the property owners and inhabitants within the full-purpose corporate limits of
the City area, except as otherwise provided for in this Charter, the ordinance
annexing an area for limited purposes, or as provided by other law.
ARTICLE
II. THE COUNCIL
Sec. 2.01. Election and Term.
(a) The council shall consist of a mayor and
six (6) council members elected by the voters for a term of two (2) years, or
until their successors have been elected and qualified.
(b) The mayor and two (2) council members
shall be elected at-large in even-numbered years. The two (2) at-large council members positions shall be respectively designated as
Position 1 and Position 2. The remaining four (4) council members shall be elected
by districts, designated as Districts 1, 2, 3, and 4, in odd-numbered years.
The council shall modify the size, configuration, and geographic definition of
the council districts as necessary to provide equal representation to all
citizens of the city and to comply with state and federal law.
(c) Council elections shall be held in May
of each year on the date specified by state law. A candidate must be elected to
office by majority vote. If no candidate for an office receives a majority
vote, a run-off election shall be held as required by state law. The council
shall be the judge of the election and qualifications of its own members.
(d) The city secretary shall promptly notify
all persons elected to office. A candidate who is elected in a regular, special
or runoff city election shall, after taking the oath of office as prescribed in
section 10.02 of this charter, take office, and enter upon his duties at the
next council meeting.
Sec. 2.02. Qualifications.
Council members shall be
twenty-one (21) years of age or older and city residents for at least one (1)
year preceding their election. A district council member shall during the term
of office maintain a residence in the district to which elected. No council
member shall hold any other city office or city employment while serving as a
council member or hold any paid city employment within two (2) years
thereafter.
Sec. 2.03. Term Limitations.
A person may not be
elected in a city election to any council position more than four times in any
consecutive nine year period. For purposes of this provision, the position of
the mayor is considered a separate office from other council positions.
(Ord. No. 1178, § 1,
6-15-99)
Sec. 2.04. Compensation.
The mayor and councilmen
may receive such pay or compensation, including necessary expenses incurred in
the performance of their official duties, in an amount determined from time to
time by the council; provided, that the pay or compensation received by the
mayor shall not be less than that received by each councilman.
Sec. 2.05. The Mayor.
(a) Head of City government.
The mayor shall preside at all council meetings and be deemed a council member
and be entitled to vote upon all matters considered by the council. The mayor
shall be recognized as the head of the City government for all ceremonial
purposes and shall perform any additional duties as provided for by Federal or
State laws or regulations.
(b) Mayor
pro tem. Following each city election in May, the council shall appoint one
of its members as mayor pro tem. The mayor pro tem acts as mayor during mayor's
absence and has the power to perform every act the mayor could perform if
present.
(c) Acting mayor. In the event of the
absence, disability or qualification of both the mayor and mayor pro tem at any
particular meeting of the council, the remaining members of the council, if a
quorum be present, shall, by election, designate one of theirs members as
acting mayor, and he shall act as mayor for such particular meeting and shall
have the power to perform every act the mayor could perform if present.
Sec. 2.06. Vacancies.
(a) If the office of mayor becomes vacant,
the following provisions apply:
(1) If, at the time of the vacancy, more
than fifteen (15) months remain on the term, a city election shall be held for
mayor at the next May council election. Pending the city election, the council
shall appoint one of its members as mayor, whereupon the position of the
appointed member becomes vacant.
(2) If, at the time of the vacancy, three
(3) months or more, but fifteen (15) or less months remain on the term, the
council shall appoint one of its members as mayor to serve for the duration of
the mayor's term, whereupon the position of the appointed member becomes
vacant.
(3) If, at the time of the vacancy, less
than three (3) months remain on the term, the mayor pro tem shall act as mayor
and receive the compensation of the mayor, but the mayor pro tem's position
does not become vacant.
(b) If the office of a council member, other
than the mayor's position, becomes vacant, the council shall within thirty (30)
days of the vacancy appoint a qualified person to fill the vacancy. If, at the
time of the vacancy, more than fifteen (15) months remain on the term, an
election shall be held for the position at the next May council election.
Otherwise, the appointee shall serve the remainder of the unexpired term of
that position.
Sec. 2.07. Powers and Duties of the Council.
All powers of the city
shall be vested in the city council, except as otherwise provided by law or
this Charter. The powers and duties of the council shall include the following:
(a) To select, appoint, review, and dismiss
the city manager, with or without cause;
(b) To establish boards or commissions and
appoint individuals thereto as shall be required by law or deemed necessary by
the city council.
(c) To adopt and modify yearly a plan
containing the goals and long range plans for the city and directing the city
manager in meeting those goals and plans; and
(d) To exercise exclusive jurisdiction upon,
over and under the public streets, sidewalks, alleys, and public grounds of the
city, including the right to impose charges for the use of such property.
Sec. 2.08. Council meetings.
(a) The council shall hold two (2) regular
meetings each month on the first and third Tuesdays of the month. If a
designated Tuesday is a legal holiday, the city council may hold the meeting on
another day. All meetings of the council shall be held at the city hall, unless
the council designates another place after giving due notice thereof. The
mayor, any four (4) council members, or the city manager may call special
meetings of the council.
(b) The council shall determine its own
procedures for council meetings and may compel the attendance of its members.
Four (4) council members shall constitute a quorum and an affirmative vote of
at least four (4) members shall be necessary for the council to take any action
relating to public business. The vote on all ordinances and resolutions shall
be taken by the "ayes" and "nays" and entered upon the
minutes, and every ordinance or resolution, upon its final passage, shall be
recorded in a book kept for that purpose.
(c)
If, because of the death or
disability of council members, there are an insufficient number of council
members for a quorum for two or more consecutive council meetings that are
required to be held under the Charter, the remaining member or members are
sufficient in number to act as a quorum until the next required council meeting
is held at which four or more council members are in attendance.
Sec. 2.09. Legislation.
(a) An ordinance shall not be adopted until
it has been considered and favorably acted on by the council at two (2)
separate council meetings. However, ordinances relating to the following
matters may be adopted by the council after consideration at only one meeting:
(1) The adoption or amendment of a budget or
the assessment or levy of taxes;
(2) The calling of an election or the
canvassing of the returns and declaring the results of an election;
(3) The issuance or sale of bonds;
certificates of obligations, or other debt instruments; and
(4) Where the city council, by the
affirmative vote of five (5) or more members, adopts an ordinance declaring
that an emergency exists because there is an immediate need to preserve and
protect the peace, health, safety, or welfare of the community.
(b) The caption of a proposed ordinance
shall be read once in full at a council meeting prior to its adoption by the
council.
(c) Notice of the enactment of every
ordinance imposing any penalty shall be given by publishing the ordinance or
its descriptive caption and penalty in the city's official newspaper one (1)
time within thirty (30) days of passage. The failure to comply with this
section shall not affect the validity of the ordinance adopted.
Exhibit B
ARTICLE III. INITIATIVE, REFERENDUM, AND
RECALL
Division 1. General Provisions
Sec.
3.01. Power of Initiative,
Referendum, and Recall.
(a) The
City’s registered voters may exercise the following powers through petition by
requesting that:
(1) Initiative. The council enact a new ordinance and, if the council fails to do so, hold an election to approve or reject the new ordinance.[1] (§3.01)[2]
(2) Referendum. The council repeal all or part of an existing ordinance, and, if the council fails to do so, hold an election to approve or reject the ordinance. (§3.02)
(3) Recall. A council member resign from office for the reasons set forth in the petition and, if the member fails to do so, hold an election on the recall. (§3.11)
(b) The power of the initiative and referendum does not apply to ordinances relating to:
(1) Financial matters, including the budget, the levy of taxes, or the issuance of bonds or debt instruments; (§3.01) (§3.02)
(2) The salaries of officers or employees; (§3.01) (§3.02)
(3) Matters which are not legislative in character or which have been withdrawn or excluded by general law from the operative field of initiative or referendum;[3] and (new)
(4) Matters where a State or Federal law provides for an election and related election procedures.[4] (new)
Sec. 3.02. Requirements for All Petitions.
(a) In this Article, “Initial Petition Date” means the date the first signature was obtained on any of the copies of an initiative, referendum, or recall petition.[5] (new)
(b) A petition consists of all the written
information, signatures, and documents required by this Article.[6] More than one copy
of a petition may be circulated at one time, but each copy of the petition must
comply with the requirements of this Article. (§3.03)
(c) All petitions must be uniform in size and
style. (§3.03)
(d) All petitions must comply with the requirements of Chapter 277 of the Texas Election Code, a copy of which is available from the city secretary.[7] (new)
(e) All petitions must contain the names and addresses of the same five registered voters, who serve as a “Committee of the Petitioners,” and are responsible for the circulation and filing of the petition, but need not personally gather the signatures for the petition. (§3.03)
(f)
All petitions must include an affidavit, in a form provided by the city
secretary, from each person circulating a petition, stating that:
(1) The affiant circulated that copy of
the petition;
(2) All the signatures were made in that
person’s presence; and
(3) It contains a stated number of
signatures. (3.03) [8]
(g) One of the members of the
Committee of Petitioners must submit a copy of the petition being circulated
that contains the earliest dated signature to the city secretary within five
business days of the Initial Petition Date.
The city secretary will record the Initial Petition Date for purposes of
verifying that the petition signatures were gathered within the time period
required by this Article[9]. (new)
Sec.
3.03.
Requirements Applicable to Specific Petitions.
(a) An initiative petition must contain the full text of the ordinance sought to be enacted. (§3.03)
(b) A referendum petition must contain the full
text of the ordinance or provision sought to be repealed. (§3.03)
(c) A recall petition must identify by name the council member whose removal is sought and the grounds for seeking removal (§3.12). Each recall petition may only request the recall of one council member, but more than one recall petition may be submitted at one time for the recall of more than one member/ (new)
Sec.
3.04. Petition
Signatures.
(a) To be certified as sufficient for consideration by the council:
(1) An initiative or referendum petition must be signed by at least 10% of the City’s registered voters as of the Initial Petition Date;[10] (§3.01) (§3.03)
(2)
A recall petition for the recall of the mayor or an at-large council
member must be signed by at least 20% of the City’s
registered voters as of the Initial Petition Date; and [11]
(§3.13)
(3) A
petition for the recall of a council member elected from a single-member
district must be signed by at least 20% of the City’s registered voters
residing in that district as of the Initial Petition Date.(§3.13)
(b) To be counted toward the number of required signatures for an initiative, referendum, or recall petition, the person signing the petition must:
(1) Have been a registered voter on the Initial Petition Date;
(new)
(2) Have signed the petition before the 46th day following the Initial Petition Date; and (new)
(3) Meet any requirements of State law for being counted.[12] (new)
(c) If the number of signatures on a petition exceeds the number of signatures as stated in the circulator’s sworn statement for that petition, the latest signatures, by date, that exceed that number will not be counted. (§3.04)
(d) If the information provided with a signature is sufficient to verify that the person signing the petition was eligible to sign the petition on the date signed, the failure to follow any technical requirements of this Article or State law will not invalidate the signature.[13] (new)
(e) A signature on a petition may be withdrawn as provided by Chapter 277 of the Texas Election Code. (new)
Sec.
3.05. Submission and Review of
Petition.
(a) All copies of the same petition must be
compiled and filed as a single instrument with the city secretary at one time.
(§3.04)
(b) The city secretary will examine the petition
within 30 days of the date filed. (§3.04)
(c) The city secretary will certify the results
of the examination to the council no later than the next regular council
meeting following the expiration of the 30-day period. (§3.04)
(d) If the city secretary certifies that the
petition is sufficient, the council will take the action appropriate for the
type of petition as specified in this article. (new)
(e) If the city secretary certifies to the
council that the petition is insufficient:
(1) The council will
take no action on the petition; and
(2) The city
secretary will notify the Committee of Petitioners of the insufficiencies.
(§3.05)
(f) Any supplemental petition submitted to the
city secretary to address any insufficiencies will be governed by Chapter 272
of the Election Code.[14] The city secretary will examine the
supplemental petition and follow the same general procedures applicable to the
initial petition, subject to the provisions of Chapter 272. (new)
Sec. 3.06. Initiative and Referendum
Elections.[15]
(a) Any number of ordinances may be voted on at
the same election in response to one or more petitions for an initiative or
referendum election. (§3.08)
(b) If two or more ordinances approved at the
same election have conflicting provisions, the provision contained in the
ordinance receiving the greater number of affirmative votes prevails.
(§3.09)
Division 2. Initiative
Sec.
3. 07. Petition and Council Action.
(a) If the city secretary certifies to the council that an initiative petition is sufficient, the council must:
(1) Approve the initiated ordinance without amendment within 60 days of receiving the city secretary’s certification; (§3.07)
(2) Submit the initiated ordinance to the voters at the earliest election date allowed by law; or [16] (§3.07)
(3) Submit the initiated ordinance to the voters at the earliest election date allowed by law along with an alternative ordinance proposed by the city council. (§3.07)
Sec. 3.08. Effect of Election.
(a) If a majority of the votes are cast in favor
of an ordinance, the ordinance becomes effective upon the effective date of the
ordinance declaring the results of the election. (§3.09)[17]
(b) The council may repeal or amend an initiated
ordinance after two years following the effective date of the initiated
ordinance.[18]
(§3.08)
(c) If an initiated ordinance is defeated at the election, a petition for a new initiated ordinance on the same general subject matter may not be filed with the city secretary within two years following the date of the election. (§3.07)
Division 3. Referendum
Sec.
3.09. Petition and Council
Action.
(a) A referendum petition must be submitted to the city secretary within 180[19] days following the date the council approves an ordinance for which a referendum is sought. (§3.02)
(b) If the council fails to repeal the ordinance within 60 days of the date the city secretary notifies the council that the petition is sufficient, the council must call an election for the earliest date allowed by law. (§3.07)
Sec.
3.10. Effect of Election.
If a majority of the voters fail to vote in favor of an ordinance that
is subject to a referendum petition, the ordinance is deemed repealed on the
date the council approves the ordinance declaring the result of the election.
(§3.08)
Division 4. Recall
Sec 3.11. Resignation or Election. If a recall petition is certified by the city secretary to be sufficient and the council member whose removal is sought does not resign within five calendar days after the city secretary’s certification to the council, the council must order a recall election for the earliest date allowed by law. (§3.14)
Sec.
3.12. Results of Recall Election. If the majority of the votes cast at the
recall election are in favor of the removal of the council member recalled, the
council member recalled is deemed to have vacated his office at the time and
date the council votes to approve the ordinance declaring the results of the
election. (§3.16) A council member
removed by recall may not be appointed for the unexpired term of the office
vacated. (§3.16)
Sec. 3.13. Limitations on Recall.
(a) A recall petition may not be filed against a council member within six months of the date he or she takes office. (§3.17)
(b) A council member is not subject to more than one recall election during any one term of that office. [20]
(c) If four or more council members are recalled at one time, the remaining member or members constitute a quorum solely for the purpose of filling sufficient vacant positions by appointment as provided in this Charter to provide for a quorum of four members. (new) [21] Any council member who is recalled may not be appointed to fill a vacant council position during the duration of the term for which the member was recalled. (§3.16)
List
of Deleted or Revised Charter Provisions.
§3.02. The provision that Initiative ordinances approved by council are also subject to referendum is deleted as unnecessary.
§3.04. The listing of possible deficiencies in the petition (i.e., proper statement of circulator, lack of affidavit of circulators) is deleted as unnecessary. Any deficiency of a requirement will make the petition insufficient.
§3.05. The provisions on Amendment of Petitions is replaced by the provisions of the State law on Supplemental Petitions (See §277.0023, Election Code)
§3.06. Deletes the certification of a referendum petition and the suspension of the ordinance subject to the referendum because the Commission does not believe the ordinance subject to the referendum should be suspended before the election is held on the ordinance.
§3.06. Deletes the provision limiting special elections for initiative and referendum to one in six months since uniform election dates would only allow elections in November and May.
§3.08. Deletes the form of ballots for referendum and initiative elections since the Election Code provides for the form of a ballot for propositions.
§3.10. Deletes the provision prohibiting council from amending or repealing an initiative ordinance approved by the voters. It conflicts with §3.08 that provides that an initiative ordinance approved by election may only be repealed or amended after two years by a 2/3rds vote of council. The two-year prohibition was retained but the 2/3rds vote was deleted.
§3.12 to 3.14. All of the provisions in these sections relating to recall petitions are deleted or combined with uniform procedures applicable to all petitions.
§3.15. Deletes the form of the ballot for a recall election since the Election Code provides for the form of a ballot for propositions.
§3.16. The provision stating that if the recall fails, the member continues in office was deleted as unnecessary. The provision stating that if all council members are recalled, a district judge may order a special election was deleted as being in conflict with the Election Code.
§3.18. Judicial process to be followed if council refuses to act on a recall petition is deleted as unnecessary since judicial remedies are provided for in State law.
Exhibit C
|
CITY |
POPULATION |
MAYOR COUNCIL |
TERM
(YEAR) |
AT LARGE/ PLACES |
DISTRICT |
APPOINT
CITY ATTORNEY |
APPOINT
CITY SECRETARY |
|
Grand Prairie |
167,902 |
9 |
3 |
3 |
6 |
Council/City Manager[1] |
Council/City Manager |
|
Mesquite |
137,550 |
7 |
2 |
1/6P |
|
Council |
Council |
|
Carrollton |
121,604 |
8 |
3 |
1/7P |
|
Council |
Council/City Manager |
|
McKinney |
118,200 |
7 |
3 |
1/4P |
3 |
Council/City Manager |
Council/City Manager |
|
Denton |
109,561 |
7 |
2 |
3 |
4 |
Council |
Council/City Manager |
|
Frisco |
100,000 |
7 |
3 |
1/6P |
|
Council |
Council |
|
Richardson |
99,822 |
7 |
2 |
7 |
|
Council |
Council |
|
Lewisville |
94,589 |
6 |
3 |
6 |
|
Council |
Council |
|
Round Rock |
92,392 |
7 |
3 |
7 |
|
Council |
Council/City Manager |
|
College Station |
84,000 |
7 |
3 |
1/6P |
|
Council |
Council |
|
Allen |
81,783 |
6 |
3 |
1/5P |
|
Council |
City Manager |
|
Pearland |
80,500 |
6 |
3 |
1/5P |
|
Council |
Council/City Manager |
|
Sugar Land |
77,982 |
7 |
2 |
3 |
4 |
City Manager |
City Manager |
|
Missouri City |
73,679 |
7 |
2 |
3 |
4 |
Council |
Council |