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HomeMy WebLinkAboutCharter Review Committee Minutes 02/14/1991CHARTER REVIEW COMMITTEE paggget-armigm.. 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- Marland Ernest Willie Mae McCormick Bob Pippin Bill Byers Glenn Walker Bill Pasteur Bob McFarland, City Attorney Paul Tormne, Attorney Susan Crim, City Secretary (Committee members Charlie Miller and Dwayne Wilcox were not present.) Glenn Walker moved to approve the minutes of the January 10, 1991, Charter Review Committee meeting. The motion was seconded by Willie Mae McCormick and carried by unanimous vote. Chairman Payton asked the City Attorney if one ballot issue could address the entire Charter for purposes of conforming the terminology to that of neutral gender. The City Attorney stated that he felt it could be done. Neal Adams moved to have an amendment drafted to make the gender neutral in the City Charter and basically follow the guidelines of the Texas Legislative Council. The motion was seconded by Bonnie O'Brien and carried by unanimous vote. Chairman Payton referred the committee to City Attorney McFarland's letter dated February 6, 1991, referencing the "Proposed Charterr revisions adopted by the Euless Charter Commission in Article I and II of the Euless City Charter". Article I. Section 3 In Article I, Section 3, Neal Adams moved to accept the language as stated in the minutes of the January 10, 1991, meeting and the City Attorney's letter dated February 6, 1991, as follows: "All such powers, whether expressed or implied, shall be exercised and enforced in the manner prescribed in the Charter, or when not prescribed herein, in such manner as shall be provided by ordinance or resolution of the council.11 The motion was seconded by Glenn Walker and carried by unanimous vote. CHARTER REVIEW COMMITTEE FEBRUARY 14. 1991 PAGE 2 Article I. Section 5 In the second paragraph of Section 5 of Article I, Bill Byers moved to accept the language as stated in the minutes of the January 10, 1991, meeting and the City Attorney's letter dated February 6, 1991, as follows: "As alternate and cumulative methods of developing, improving, and paving any and all public streets, sidewalks, alleys, highways, and other public ways within its corporate limits, the city shall have such other and further power and authority as may be conferred by the constitution and laws of the State of Texas." The motion was seconded by Glenn Walker and carried by unanimous vote. Article II. Section 1 Bill Pasteur moved that the Charter Review Committee conduct a survey of the best information available as a basis for discussion regarding compensation of elected officials in other cities. The motion was seconded by Neal Adams and failed by a vote of 3-6 as follows: AYES: Bill Pasteur, Neal Adams, Bob Pippin NAYS: Bill Byers, Bonnie O'Brien, Willie Mae McCormick, Glenn Walker, Marland Earnest, Jimmy Payton Glenn Walker moved to accept the language as stated in the City Attorney's letter dated February 6, 1991, to read as follows in Section 1 of Article II of the City Charter: "The governing and law making body of the City of Euless shall consist of a mayor and six (6) council members, and said body shall be known as the 'City Council of the City of Euless'. The members of the city council of the City of Euless shall be the only elective officers of the city and shall be elected from the city at large in the manner provided in Article III, for a term of three (3) years, or until their successors are duly elected and qualified. The mayor and YucuLw-Lc. of the council shall draw no compensation as such for their duties, but shall be reimbursed for any lawful expenditures made in behalf of the city or expenses incurred in the performance of their office duties, when approved by the council. Each council member shall occupy a specific place. There shall be elected at the regular city election in 1992 the mayor and six (6) council members, which council members shall occupy places one through six. At such election, the mayor shall be elected for a term of three (3) years. The council members elected at such election shall be divided by lot into three (3) classes. The seats of the council of the first class shall be vacated at the expiration of one (1) year and their successors shall be elected at the city's regular election in 1993 for a term of three (3) years. The seats of the council members of the second class shall be vacated at the expiration of two (2) years and their successors shall be elected at the city's regular election in 1994 for a term of three (3) years. The seats of the council members of the third CHARTER REVIEW COMMITTEE FEBRUARY 14. 1991 PAGE 3 class shall be vacated at the expiration of three (3) years and their successors in office, as well as that of the mayor, shall be elected at the city's regular election in 1995 for a term of three (3) years." The motion was seconded by Bob Pippin and carried by a vote of 8-1 as follows: AYES: Glenn Walker, Bob Pippin, Neal Adams, Willie Mae McCormick, Bill Byers, Bill Pasteur, Marland Earnest, Jimmy Payton NAYS: Bonnie O'Brien After further discussion of limiting the terms of elected officials, the Charter Review Committee requested the City Attorney and City Secretary obtain more information on any cities that limit terms and what those limitations are. Article II. Section 2 In Section 2 of Article II Bob Pippin moved to accept the language as stated in the City Attorney's letter dated February 6, 1991, as follows: "Each of the six (6) council members and mayor shall, at the time of filing of their application for a place upon the ballot, be a resident of the city and shall have resided at least one (1) year next preceding the election at which they are candidates within the corporate limits of the City of Euless, and additionally at the time of filing of their application for a place upon the ballot and thereafter for and during their term of office, shall be a registered voter of the State of Texas; shall not have been finally convicted of a felony criminal offense; shall continue to be a resident of the city; and shall not be disqualified by reason of any other provision of this chanter. The mayor or any member of the council ceasing to possess any of the qualifications specified in this section or any other provision of this charter shall immediately forfeit office. Neither the mayor nor any member of the council shall hold any other public office except that of notary public or member of the armed forces of the United States or of the National Guard or naval or military reserve or as a retired member of the armed forces of the United States." The motion was seconded by Bill Pasteur and carried by unanimous vote. Article II. Section 3 Glenn Walker moved to accept the language as stated in the City Attorney's letter dated February 6, 1991, as follows: "The city council shall be the judge of the election and qualifications of its own members and of the mayor, and for such purpose shall have power to subpoena witnesses and require the production of records, but the council shall, as soon as practicable after a regular or special election, either at a called meeting of said council, called for that purpose, or at the next regular meeting, within the period provided by law, canvass the returns and declare the results of such election." CHARTER REVIEW COMMITTEE FEBRUARY 14. 1991 PAGE 4 The motion was seconded by Bob Pippin and carried by unanimous vote. Article II. Section 4 In Section 4, Article II, Bill Pasteur moved to accept the language as stated in the City Attorney's letter dated FebYvary 6, 1991, as follows: "In the event a vacancy occurs in the office of mayor or council member from any cause whatsoever, a special election shall be held on the first election date authorized by law for the purpose of filling such position for the remainder of the unexpired term thereof, provided, however, if such vacancy occurs less than ninety (90) days and more than thirty (30) days prior to a general city election, then such special election shall be held and such vacancy shall be filled by special election called for such purpose concurrent with the city's general election, unless election for such office would otherwise occur at such general election." The motion was seconded by Bob Pippin and carried by unanimous vote. Article II. Section 6 In Section 6, Article II, Marland Earnest moved to accept the language as stated in the City Attorney's letter dated February 6, 1991, as follows: "The mayor of the City of Euless shall preside over the meetings of the city council and perform such other duties consistent with the office as may be imposed upon the mayor by this charter and the ordinances and resolutions passed in pursuance hereof. The mayor is a voting member of the council, but shall have no veto power. The mayor shall sign all conveyances made or entered into by the city and all bonds issued under the provisions of this charter, and shall be the chief executive officer of the city. The mayor shall sign all contracts entered into by the city except as may be exempted from such requirement by ordinance or resolution adopted by the city council. The mayor shall be recognized as the official head of the city by the court for the purposes of serving civil process, by the governor for the purpose of enforcing military law, and for all ceremonial purposes. In time of danger or %=L9=,Lkj=1NCy, the mayor may with the consent of the city council take command of the police and govern the city by proclamation and maintain order and enforce all laws. The mayor pro tem shall be selected from among the six (6) council members; shall be selected each year at the first regular meeting following the regular city election or any run-off elections required, whichever shall last occur, and shall in the absence of disability of the mayor perform all the mayor's duties." The motion was seconded by Willie Mae McCormick and carried by unanimous vote. Article II. Section 10 In Section 10, Article II, Glenn Walker moved to accept the language as stated in the City Attorney's letter dated February 6, 1991, as follows: CHARTER REVIEW COMMITTEE FEBRUARY 14. 1991 PAGE 5 "The city council shall determine its own rules of procedure and order of business and may compel the attendance of the mayor and its members. Four (4) members of the city council, or three (3) members thereof and the mayor, shall constitute a quonmi to do business, and the affirmative vote of at least four (4) of those attending any meeting at which there is a quorum present shall be necessary to adopt any ordinance or resolution. All meetings of the city council, except for executive sessions authorized by law, shall be open to the public, and minutes of all proceedings of such open meeting shall be kept, to which any citizen may have access at all reasonable times and which shall constitute one of the archives of the city. The vote upon the passage of all ordinances and resolutions shall be taken by 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 and shall be authenticated by the signature of the presiding officer and the city secretary." The motion was seconded by Willie Mae McCormick and carried by unanimous vote. Article II. Section 11 In Section 11 of Article II, Bob Pippin moved to accept the language as stated in the City Attorney's letter dated February 6, 1991, as follows: "The city council shall legislate by ordinance and the enacting clause of every ordinance shall be: 'Be it ordained by the City Council of the City of Euless.' The city attorney shall approve all ordinances adopted by the council as to the legality thereof. Every ordinance enacted by the council shall be signed by the mayor or mayor pro tem and shall be filed with and recorded by the city secretary. All ordinances enacted by the council shall be considered and the descriptive caption of such ordinance read in open meeting of the council and at two (2) regular council meetings unless at such first regular council meeting such ordinance shall have been approved by five (5) or more aye votes; then, in such event, the second consideration and second reading of the descriptive caption thereof shall not be necessary and such ordinance shall be considered finally adopted. All ordinances, unless otherwise provided by law or by the terms of such ordinance, shall take effect immediately on final consideration and the reading of the descriptive caption thereof as hereinabove provided." The motion was seconded by Glenn Walker and carried by unanimous vote. Article III. Section 1 In Section 1 of Article III, Bob Pippin moved to accept the language as stated in the City Attorney's letter dated February 6, 1991, as follows: "The regular city election shall be held annually on the date provided by law, at which time officers shall be elected to fill those offices which become vacant that year. The city council shall fix the hours and place for holding such elections in conformity with applicable provisions of law. If The motion was seconded by Bill Byers and carried by unanimous vote. CHARTER REVIEW COMMITTEE FEBRUARY 14. 1991 PAGE 6 Article III. Section 3 In Section 3 of Article III, Bill Pasteur moved to accept the revision to the application for a place on the ballot and the "Loyalty Affidavit" as stated in the City Attorney's letter dated February 6, 1991, as follows: do hereby declare that I am a candidate for the office of and request that my name be printed upon the official ballot for that particular office in the next City election. I am a registered voter of the City of Euless, citizen of the United States, and have been a resident of the City of Euless for at least one (1) year. At present, I reside at , in the City of Euless, Texas. I am aware of the laws of the State of Texas governing nepotism." LOYALTY AFFIDAVIT "I, , of the City of Euless, County of Tarrant, State of Texas, being a candidate for the office of city council or mayor, swear that I will support and defend the Constitution and Laws of the United States and of the State of Texas." The motion was seconded by Glenn Walker and carried by a vote of 8-1 as follows: AYES: Bill Pasteur, Glenn Walker, Bob Pippin, Willie Mae McCormick, Bill Byers, Marland Earnest, Bonnie O'Brien, Jimmy Payton NAYS: Neal Adams Article III, Sections 5. 6. and 7 Bob Pippin moved to combine Sections 5 and 6 to read as follows: "Sec. 5. Conducting and canvassing elections. The returns of every municipal election shall be delivered forthwith by the election judges to the city secretary. The city council shall canvass the returns, investigate the qualifications of the candidates and declare the official results of the election in the manner and within the time periods provided by law. Returns of every municipal election shall be recorded in the minutes of the council. The city council shall be the judge of the election and qualifications of its own members and of the mayor, but the decisions of the council in any case shall be subject to review by the courts. The candidate receiving a majority of all votes casts for the office is elected. If no candidate receives a majority, the mayor shall on the first day following the official count, call for a second election to be held as provided by law. CHARTER REVIEW CONKITTEE FEBRUARY 14. 1991 PAGE 7 The two candidates receiving the highest number of votes shall have their names placed on the ballot to be prepared by the city secretary, in the order of their standing in the computation of votes. In the event of a tie between two or more candidates, they shall cast lots to determine which two are to be run-off candidates or to determine their places on the ballot. In the event of a tie in a run-off election, the run-off candidates shall cast lots to determine the winner." Mr. Pippin's motion also contained the provision that Section 7 be renumbered as Section 6. The motion was seconded by Glenn Walker and carried by unanimous vote. Article IV. Section 3 In Article IV, Section 3, Bill Pasteur moved to accept the language as stated in Alternative 2 of the City Attorney's letter dated February 6, 1991, as follows: "Initiative petition papers shall contain the full text of the proposed legislation in the form of an ordinance, including a descriptive caption. The signatures to the initiative or referendum need not be all appended to one paper, but each signer shall sign their name in ink or indelible pencil and shall add thereto such other information as may be required by law. One of the signers of each separate petition shall make an affidavit that they and they only, personally circulated such petition and that each signature appended thereto was made in their presence and is the genuine signature of the person whose name it purports to be, and further that no signature shall have been placed thereon forty-five (45) days prior to the filing of such petition." The motion was seconded by Neal Adams and carried by a vote of 6-2 as follows: AYES: Bill Pasteur, Neal Adams, Bob Pippin, Bill Byers, Marland Earnest, Bonnie O'Brien, Jinmy Payton NAYS: Glenn Walker, Willie Mae McCormick Article IV. Section 5 In Article IV, Section 5, subparagraph (b) , Bob Pippin moved to accept the language as stated in the City Attorney's letter dated February 6, 1991, as follows: "(b) Submit said initiated ordinance without amendment to a vote of the qualified voters of the city at a regular or special election to be held within ninety (90) days after the date of the certification to the council, or on such other date as may be provided by law; or" The motion was seconded by Bonnie O'Brien and carried by unanimous vote. CHARTER REVIEW COMMITTEE FEBRUARY 14. 1991 PAGE 8 In Article IV, Section 5, Neal Adams moved to accept the language for the concluding paragraph as stated in the City Attorney's letter dated February 6, 1991, as follows: "When the council receives an authorized referendum petition certified by the city secretary to be sufficient, the council shall reconsider the referred ordinance, and if upon such reconsideration such ordinance is not repealed, it shall be submitted to the voters at a regular or special election to be held not more than ninety (90) days after the date of the certification to the council, or on such other date as may be provided by law. Special elections on initiated or referred ordinances shall not be held more frequently than once each six (6) months, and no ordinance on the same subject as an initiated ordinance which has been defeated at any election may be initiated by the voters within two (2) years from the date of such election." The motion was seconded by Glenn Walker and carried by unanimous vote. Article VI. Section 4 In Article VI, Section 4, Neal Adams moved to accept the language as stated in the City Attorney's letter dated February 6, 1991, as follows: "All complaints, prosecutions, the service of process, commitment of those convicted of offenses, the collection and payment of fines, the attendance and service of witnesses and juries, punishment for contempt, bail and taking of bonds shall be governed by the provisions of the Constitution and Laws of the State of Texas applicable to municipal courts.11 The motion was seconded by Bob Pippin and carried by unanimous vote. Chairman Payton announced the next meeting will be held at 7:00 p.m. on Thursday, March 14. He requested the committee members review and be prepared to discuss Articles VII, VIII, IX and X. The meeting was adjourned at 8:50 p.m. Jimmy Payton, Chairman Susan Crim, bity Secretary