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HomeMy WebLinkAboutCharter Review Committee Minutes 05/09/1991CHARTER REVIEW COMMITTEE I-'goilr4l, Chairman Payton called the meeting to order at 7:00 p.m, The following persons were present. Jimmy Payton, Chairman — Bonnie O'Brien - Neal Adams, Vice Chairman Willie Mae McCormick - Charlie Miller - Marland Ernest, Bill Pasteur Bill Byers Paul Toimme, Attorney Susan Crim, City Secretary Glenn Walker, Bob Pippin and Dwayne Wilcox were not present. Willie Mae McCormick moved to approve the minutes of the April 11, 1991, Charter Review Committee meeting. The motion was seconded by Bill Byers and carried by unanimous vote. City Attorney, Paul Tome, presented a revised copy of the Charter as it would appear when amended along with his written recommendations on how the ballot propositions should be worded. He explained in detail the background of each proposed amendment. Article II, Reconstitution of Citv Council Marland Ernest moved to approve the language of the City Attorney s proposal dated May 9, 1991, for the ballot proposition relating to Article II, Section 10, to read as follows: Shall Article II of the City of Euless Charter be amended to reconstitute the city council to provide that it shall consist of six (6) council members and the mayor, that the mayor shall be a doting member of the council in all matters, that five (5) members of the council, or four (4) members thereof and the mayor, shall constitute a quorum, and that the affirmative votes of at least four (4) members of that quorum shall be needed to adopt any ordinance or resolution? Answer "Yes" or "No". The motion was seconded by Neal Adams and carried by a vote of 5-3 as follows: AYES: Marland Ernest, Neal Adams, Bill Byers, Bonnie O'Brien and Amy Payton NAYS: Bill Pasteur, Charlie Miller and Willie Mae McCormick CHARTER REVIEW COMMITTEE MAY 9. 1991 PAGE 2 Article II. Terms of Office Bill Byers moved to approve the language of the City Attorney's proposal dated May 9, 1991, for the ballot proposition relating to Article II, Terms of Office, to read as follows: Shall Article II of the City of Euless Charter be amended to provide that the terms of office of the mayor and council members shall be three ( 3 ) years and that all positions will be vacated and filled by general election in the year 1992 and again thereafter on a staggered year basis to be initiated after the election by the drawing of lots? Answer "Yes" or "No". The motion was seconded by Willie Mae McCormick and carried by a vote of 6-1 with one abstention as follows: AYES: Bill Byers, Willie Mae McCormick, Jimmy Payton, Neal Adams, Charlie Miller and Bill Pasteur NAYS: Bonnie O'Brien ABSTAINED: Marland Ernest Article II. Disaualification of Convicted Felon Marland Ernest moved to approve the language of the City Attorney's proposal dated May 9, 1991, for the ballot proposition relating to the disqualification of convicted felons from elective office to read as follows: Shall Article II of the City of Euless Charter be amended to disqualify any person finally convicted of a felony criminal offense from seeking election to or holding a place on the Euless City Council or to the office of Mayor of the City of Euless? Vote "Yes" or "No". The motion was seconded by Neal Adams and carried by unanimous vote. Article II. Contracts Sinned by Mavor Bill Pasteur moved to approve the language of the City Attorney s proposal dated May 9, 1991, for the ballot proposition relating to the contracts requiring the Mayor's signature to read as follows: Shall Article II of the City of Euless Charter be amended to authorize the Euless City Council to enact, by ordinance or resolution, exceptions to the requirement that contracts shall be signed by the Mayor of the City of Euless? Vote "Yes" or "No". The motion was seconded by Bonnie O'Brien and carried by unanimous vote. CHARTER REVIEW COMMITTEE MAY 9, 1991 PAGE 3 Article II. Enactment of ordinances Bill Pasteur moved to approve the language of the City Attorney's proposal dated May 9, 1991, as amended for the ballot proposition relating to the enactment of ordinances to read as follows: Shall Article II of the City of Euless Charter be amended to permit the enactment of ordinances upon consideration and reading of the descriptive caption of such ordinance at a single open meeting of the council when initially approved by five (5) or more aye votes, except for an emergency ordinance which can be passed with four votes? Answer "Yes" or "No". The motion was seconded by Neal Adams. Bill Pasteur moved to amend his motion to include the provision that the last sentence of Section 11 in Article II as it is currently stated in the Charter remain in the Charter and read as follows: The requirement for considering ordinances and reading the descriptive caption thereof at two (2) regular council meetings may be dispensed with where an ordinance relating to the immediate preservation of the public peace, health or safety is adopted as an emergency measure by the favorable vote of four (4) or more of the councilmen and such emergency ordinance shall take effect immediately upon its adoption and execution without a second consideration and second reading of the descriptive caption thereof. The amendment was accepted by Neal Adams. The motion as amended was approved by unanimous vote. Charter Lanauaae To Be Made Gender Neutral, Neal Adams moved to approve the language of the City Attorney's proposal dated May 9, 1991, for the ballot proposition relating to Charter language being made gender neutral to read as follows: Shall the City of Euless Charter be amended to conform the language of the Charter to the drafting guidelines of the Texas Legislative Council with respect to references to gender? Answer "Yes" or "No". The motion was seconded by Willie Mae McCormick and carried by unanimous vote. Conformina Charter To State or Federal Law Neal Adams moved to approve the language of the City Attorneys proposal dated May 9, 1991, for the ballot propositions relating to conforming the Charter to state or federal law to read as follows: CHARTER REVIEW COMMITTEE MAY 9. 1991 PAGE 4 Shall Article I of the City of Euless Charter be amended to conform the provisions thereof to state and federal law? Answer "Yes" or "No". Shall Article II of the City of Euless Charter be amended to conform the provisions thereof to state and federal law? Answer "Yes" or "No". Shall Article III of the City of Euless Charter be amended to conform the provisions thereof to state and federal law? Answer "Yes" or "No". Shall Article IV of the City of Euless Charter be amended to conform the provisions thereof to state and federal law? Answer "Yes" or "No". Shall Article VI of the City of Euless Charter be amended to conform the provisions thereof to state and federal law? Answer "Yes" or "No". Shall Article VII of the City of Euless Charter be amended to conform the provisions thereof to state and federal law? Answer "Yes" or "No". Shall Article IX of the City of Euless Charter be amended to conform the provisions thereof to state and federal law? Answer "Yes" or "No". Shall Article XI of the City of Euless Charter be amended to conform the provisions thereof to state and federal law? Answer "Yes" or "No". Shall Article XII of the City of Euless Charter be amended to conform the provisions thereof to state and federal law? Answer "Yes" or "No". The motion was seconded by Bonnie O'Brien and carried by unanimous vote. Technical And Grammatical Chanaes Neal Adams moved to approve the recommendation of the City Attorney to make technical and grammatical changes to the Charter to make it gender neutral and to conform it to state and federal law. The motion was seconded by Bill Byers and carried by unanimous vote. CHARTER REVIEW COMMITTEE MAY 9. 1991 PAGE 5 Article XII. Section 4. Removina A Council Member For Official Misconduct. Marland Ernest moved to instruct the City Attorney to draft language to rewrite Section 4, Article XII, to broaden it to include any official misconduct. The motion was seconded by Willie Mae McCormick and carried by unanimous vote. Article VIII. Section 4. Interest and Sinkina Fund Bill Pasteur moved to instruct the City Attorney to draft a ballot proposition which would remove the next to last sentence of Section 4 of Article VIII which reads as follows: Investment of all sinking funds for interest shall mature at least fifteen (15) days prior to the date of payment due on bonds issued by the City of Euless. The motion was seconded by Bonnie O'Brien and carried by unanimous vote. Neal Adams then moved to amend the last sentence of Section 4 of Article VIII to read "The City may also invest City monies in accordance with Council adopted policy and state law", and further that Article VII be amended to add a Section 13 titled "Investment Policy" that would read, "The City may invest any City monies in accordance with Council adopted policy and state law". The motion was seconded by Bill Byers. Neal Adams amended his motion to remove the last sentence of Section 4 of Article VIII in its entirety. The amendment was accepted by Bill Byers and the amended motion carried by unanimous vote. The City Attorney was requested to research state law regarding the regulation of investment of city monies. Chairman Payton announced that the next meeting would be held on Thursday, May 30, 1991, at 7:00 p.m. The meeting was adjourned at 9:00 p.m. ° J#my Payton Chairman 4sus;�imVCity Secretary AGENDA CITY OF EULESS CHARTER REVIEW COMMITTEE MEETING Thursday, May 9, 1991 7:00 p.m. 201 North Ector Drive Administration Building "A" Downstairs Conference Room (Enter through NORTH Door of Building) 1. Call to order. 2. Consider approval of minutes of April 11, 1991, meeting. 3. Consider approval of proposed Charter amendments as presented by City Attorney. 4. Consider motion to adjourn. POSTED THIS 2nd DAY OF MAY, 1991, AT 4:30 p.m. s'usan Crim City Secretary