HomeMy WebLinkAboutLegal Opinion - Charter Amendment Review 8/27/1968LAW OFFICES
BONDURANT & CRIBB5
204 SOUTH MESQUITE ST. P. O. BOX 928
ARLINGTON, TEXAS 76010
WM. L. SONDURANT TELEPHONE
JAMES A. CRIBB5 August 27, 1968 OR 5.2615
AN 2.31CO
Honorable Mayor and
Euless City Council
Euless, Texas 76039
Re: Amendment of the Euless City
Charter Adopted July 21, 1962
Gentlemen:
At your direction, the undersigned has made a review
of the constitutional provisions and statutes pertaining to
an amendment of the Euless Home Rule Charter and we hereby
report the following:
I. Authorities.
Article XI, Section 5 of the Texas Constitution,
Article 1165, R.C.S. and Section 13 of Article XII of the
Euless City Charter all provide that the Charter may be amend-
ed no more than once every two years. The Constitution of the
State of Texas Enabling Act and the general statutes constitute
the fundamental and organic laws of'home rule cities in the
order named. In effect, the adoption of a home rule charter
by the City of Euless on July 21, 1962, substituted the rule
of the inhabitants of the City of Euless for that of the
Legislature. The Euless City Charter then is the fundamental
law and constitution under which Euless operates. The drafters
of the Constitution recognized that any substantial change
affecting the form or process of government should be carefully
considered and given an opportunity to function prior to amend-
ment. The Charter Commission included in the present Euless
City Charter a form of government and legislative process tried,
tested and existing in other home rule cities.
II. Charter Changes Discussed by Council.
A. Change of municipal election date to coincide with
Hurst -Euless -Bedford School Trustee election date. Article 978,
R.C.S., and Section 1 of Article III of the Euless City Charter
provides that the regular City Election shall be held annually
on the first Tuesday in April, at which time officers are to
ITEM XI
Council Minutes
August 27, 1968
Hon. Mayor and
Euless City Council !--2- August,27,,1968
be elected to fill those offices which become vacant that
year. Arti:cle,2774(a), R.C.S., provides that the election
of school trustees shall be held annually on the first
Saturday in April. Neither school trustees. nor the inhabitants
of the Independent School District have the right under the
law to change school trustee election dates. The fact that
the City of Euless operates' under a home rule charter grants
to,its citizens the perrogative of changing its regular city
election date. A proposed change of election date.could,
therefore, be submitted to the electorate for.consideration
in the'',form of a proposed change .to the Euless City Charter.
B. Place System for Councilmen. Section 1, Article
II of the Euless City Charter provides that the legislative
body of the City of Euless shall consist of a mayor and five
councilmen elected in alternate years for a term of two years.
The'candidates receiving the greatest number of votes are
elected.to the positions where vacancies occur. Encumbents
and others seeking the position of councilman compete against
each other for the greatest number of votes. The place system
as generally understood provides that each council place is
given . a numerical
ical designation and a prospective candidate will
be required to select a council place for which he seeks
election. The present Euless City Charter provides that three
council members are to be elected in even numbered years. Under
the present system a councilman would in effect choose his
position and avoid the necessity of competing against other
encumbents. Conversely, a citizen seeking a place on the
Euless City Council.could select his specific opposition from
among the encumbent councilmen. Dallas, Fort Worth, Arlington
and Grand Prairie presently operate: under a place system pro-
cedure for the election of councilmen.
C. The Ward System for Councilmen. Section 1,
Article II of the Euless City Charter provides that members
of the Euless City Council shall be elected from the city at
large. The ward system would necessitate the division of the
City into wards or areas. containing substantially equal numbers
of citizens. Under the Supreme Courts one man, one,vote rule,
the ward system would require.constant revision so that the
constituency. of a particular ward would be comparable .to that
of all other wards within the municipality. The Supreme Court
enunciated the one man, one.vote rule in the Midland County,
Tekas, case. There has been an effort on the part of. various
citizens in Dallas to force the adoption of a charter amendment
and provide for a ward or district system for election of
councilmen. The courts have,' at .least to the present time,
provided that an "at'large" election isconsistent with the
one man, onevote holding of the Supreme Court.
Hon. Mayor and
Euless City. Council =3= August 27,�.1968
D. Increase in the number of Planning and,.Zoning
Commission Membership. Section 1, Article X of the Euless
City Charter provides that the Planning and Zoning Commission
for the City. of Euless shall consist of five citizens appointed
for staggered two year terms. Article 1011, R.C.S., provides
that the Euless City Council may appoint a Zoning Commission
of such size and constituency as may be deemed necessary to
evaluate and recommend zoning action. It thus appears that
a charter amendment will be . necessaryto effect a change in the
number of Planning and Zoning Commission members. As a general
rule, most home rule cities have a Planning and Zoning Com-
mission comparable omparable in numberto the City Council. This com-
mission is merely a recommending body without legislative authority.
Formulation of a comprehensive zoning plan and its implementa-
tion is the primary function of this commission. The size
of Planning and Zoning Commissions of other cities in the area
vary with'the population of the.respective cities.
E. Increase ,in Council Membership. Section 1, Article
II of the Euless City Charter provides that the legislative
body for the City of Euless shall consist of five councilmen
and a mayor. Section 6, of Article II of the Euless City Charter
provides.thatthe mayor has a vote only in case of a tie .and
shall have no. veto power. True legislative authority is thus
vested in the five. councilmen. The -Charter Commission selected
an odd number of councilmen for the obvious purpose of avoiding
tie.vote situations. The home rule provisions of Article 1165,
et. seq. would permit a home- rule city to determine the size of
its council. The decision pertaining to an increase in the
number of councilmen -arose during the proposed merger election
with the Town of Bedford. A changein the number of councilmen
for the City, of Euless would necessitate a change in all sections
of the City Charter relating to the present number of councilmen.
.Although there' may be other proposed Charter changes. that
have been discussed, the matters listed herein constitute those
areas of greatest discussion 'among Council members. As previously
stated, Euless ,can change .its Charter only once every two years.
Before Undertaking a proposed Charter amendment election, it
is recommended that acommittee of citizens be appointed to
evaluate the Charter and make .its recommendations to the Euless
City Council. Such a body.could hold public hearings and de-
tekmine.the sentiment of the electorate. The Council could,
of course, perform this function itself if it so chose. It is
suggested, how.ever,,that.the Council would have final decision
on'a report by a Charter Evaluation Committee and.could devote
itsresources and energies to the current and regular problems
confronting the City of Euless.
Hon. Mayor and
Euless City Council August 27, 1968
It should.further be pointed out.that Article .IV of the
Euless City Charter provides for initiative,referendum and
recall. These are favorable charter provisions giving the
citizens. of Euless, ample opportunity to institute a 'change
in the .form of government or. :current legislative procedures.
We make no objective recommendations regarding any of
the proposed Charter changes mentioned herein.
',-Y.-OuxS tful
Y�r I A
James A. Cribbs
JAC/r