HomeMy WebLinkAboutCharter Review Committee Minutes 01/10/1991CHARTER REVIEW COMMITTEE
REGULAR MEETING
January 10, 1991
Chairman Payton called the meeting to order at 7:00 p.m. Roll call was
held and the following persons were present.
Jimmy Payton, Chairman
Neal Adams, Vice Chairman,
Marland Ernest
Willie Mae McCormick
Bill Byers
(Bill Pasteur was not present)
Bob McFarland, City Attorney
Susan Crim, City Secretary
Bonnie O'Brien
Charles Miller,
Dwayne Wilcox
Bob Pippin
Glenn Walker
It was the consensus of the committee that they would consider all types
of changes to the Charter as they go along including both statutory
changes as well as recommended changes of policy. City Attorney
McFarland agreed to prepare an amendment that would conform the
nomenclature to make all references in the Charter neutral in gender.
The changes to Articles I and II of the Charter that were recommended by
the City Attorney to conform the Charter to current state and federal law
and court rases were reviewed.
Article I. Sections 1 and 2
There were no changes suggested for Sections 1 and 2 of Article I.
Article I. Section 3
In Article I, Section 3, Neal Adams moved to amend the second paragraph
to read 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."
The motion was seconded by Glenn Walker and carried by unanimous vote.
Article I. Section 4
There were no changes suggested for Section 4 of Article I.
Article I. Section 5
In Section 5 of Article I, Marland Ernest moved to amend the second
paragraph to read 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 Bob Pippin and carried by unanimous vote.
Article I. Sections 6 and 7
There were no changes suggested for Sections 6 and 7 of Article I.
Article II. Section 1
After lengthy discussion Dwayne Wilcox moved to amend the Charter to
provide that the City elect six council members plus a mayor with the
council members serving staggered three year terms, the mayor elected
also for a three year term and the mayor holding a voting position. The
motion was seconded by Glenn Walker and carried by a vote of 7-3 as
follows:
AYES: Committee members Payton, Adams, McCormick, Byers, Walker, Pippin
and Wilcox
NAYS: Committee members Miller, O'Brien and Ernest
Marland Ernest moved to recommend the Charter remain as it is with the
Mayor and all council positions being elected at large. The motion was
seconded by Bob Pippin and carried by unanimous vote.
It was the general consensus of the committee that the Charter also
remain as it is with the provision that the Mayor and council members
receive no compensation.
The majority of the members present indicated they preferred to not limit
the number of terms a person may serve as Mayor or council member.
Article II. Section 2
It was noted that Section 2 of Article II refers to 11511 council members
and that all places in the Charter would need to be amended to read 11611
council members if the amendment related thereto passes in the election.
Bob Pippin moved to recommend the Charter be amended in Section 2 of
Article II by revising the first paragraph to read as follows:
CHARTER REVIEW COMMITTEE. JANUARY 10. 1991 PAGE 3
"Each of the six council members and mayor shall be a citizen of the
United States of America and a qualified voter of the State of Texas,
shall have resided for at least one (1) year next preceding the election
at which they are candidates within the corporate limits of the City of
Euless, and shall not be disqualified by reason of any provision of any
other section of this Charter."
The motion was seconded by Glenn Walker and carried by unanimous vote.
Neal Adams moved to add a provision to Section 2 of Article II that would
state that "a person must not have been finally convicted of a felony
from which the person has not been pardoned or otherwise released from
the resulting disabilities". The motion was seconded by Glenn Walker and
carried by unanimous vote.
Bonnie O'Brien moved to amend the Charter by requiring that a candidate
for office be a registered voter. (Mr. McFarland is to research the
definition of "qualified", and if qualified does not include the
provision of being registered, then this motion will be necessary.) The
motion was seconded by Willie Mae McCormick and carried by unanimous
vote.
Article II. Section 3
Neal Adams moved to amend Section 3 of Article II to conform to State law
for the time of canvassing the returns and declaring the results of an
election. The motion was seconded by Marland Ernest and carried by
unanimous vote.
Article II. Section 4
Marland Ernest moved to reco mnend the Charter be amended in Section 4 of
Article II to read 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 Willie Mae McCormick and carried by unanimous
vote.
Article II. Section 5
There were no changes proposed for Section 5 of Article II.
CHARTER REVIEW COMKITTEE. JANUARY 10, 1991 PAGE 4
Article II. Section 6
In Section 6 of Article II the committee pointed out that the words "in
case of a tie" would need to be stricken since an earlier recommendation
has given the Mayor full voting power.
It was the general consensus of the committee that the third sentence of
the first paragraph of Section 6 of Article II should be amended to read
"He shall sign all contracts except as otherwise authorized by ordinance
or resolution of the Council and shall sign all conveyances made under
the provisions of this charter, and shall be the chief executive officer
of the city."
It was pointed out a grammatical error exists in Section 6 of Article II
and that in the next to last sentence of the first paragraph, the word
"on" should be changed to "for".
It was the general consensus of the committee that the second paragraph
of Section 6 of Article II should be amended by adding the words "or a
run-off, if required" after the words "general city election".
Article II, Sections 7, 8 and 9
There were no changes recommended for Sections 7, 8, and 9 of Article II.
Article II, Section 10
Bob Pippin moved to amend the third sentence of Section 10 of Article II -
to read as follows:
"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 meetings 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 motion was seconded by Bonnie O'Brien and carried by unanimous vote.
In the second sentence of Section 10, the commmittee requested the City
Attorney review the number of council members that should constitute a
quorum and the number of affirmative votes of those attending to adopt
any ordinance or resolution.
Article II, Section 11
The committee requested the City Attorney draft a revision of the third
sentence of the second paragraph of Section 11 in Article II that would
suspend the second reading of an ordinance with an affirmative vote of
five members on the first reading.
CHARTER REVIEW COMMITTEE, JANUARY 10. 1991 PAGE 5.
Article II. Section 12
In Section 12 of Article II, the committee requested the City Attorney
review the necessity for publishing ordinances twice and to clarify the
effective date of an ordinance after it has been published.
Article II. Sections 13 and 14
There were no changes recommended for Sections 13 and 14 of Article II.
Chairman Payton announced the next meeting will be held at 7:00 p.m. on
February 14. He requested the committee members review and be prepared
to discuss Articles III, IV, V, and VI.
The meeting was adjourned at 9:15 P.M.
`Jimmy Payton, Chairman
Susan Crim City Secretary