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HomeMy WebLinkAboutLegal Opinion - Euless Charter Revision 11/26/199011/26/90 14:15 8 817 275 7810 CRI66S&11cFRRLUND 02 JAMKH A. CR199B BOa M■FARLAND PAUL F, WIENE9KIE PAUL T. KRANCIU PAUL TOMMB CRIISMS A MCPARLAND A PR13FEBBIDNAL OORPORATION ATTDRNEY9 AT LAW 1000 WEaT A13RAM P. D. BOX 1�aoo ARLINOTON. TIEXAB 76044-0060 November 26, 1990 The Honorable Harold Samuels, Mayor 406 Trailwood Drive Euless, TX 76039--2227 Mr. Frank Douglass 502 Martin Lane Euless, TX 76040 Mrs. Mary Lib Saleh 1400 Driftwood Drive Euless, TX 76040 Re: Euless Charter Revision Dear Mayor and Council Members: Mr. Bobby Baker 405 Cullum Drive Euless, TX 76040 Mr. Bob Eden 702 Bent Tree Drive Euless, TX 76039 Mr. Peter Staks 2200 McDowell Euless, TX 76039 WPW METRO TEL; (617) 461-2000 TELECbPILR: (B17) 27e•7a1a You have appointed a Charter Review Committee to recommend to the Council revisions to the Euless Charter. The committee is chaired by Mr. Jimmy C. Payton. Mr. Payton is scheduled to make a presentation to the Council at its pre —council session tomorrow, November 27, regarding the charge of the committee and the Council's direction with respect to same. The purpose of this correspondence is to provide certain background to the Council prior to Mr. Payton's presentation. HLSTORICAL BACKGROUND The Euless Charter was adopted in 1962, more than 28 years ago, The Charter has been amended on only three occasions, 1969, 1973 and 1975. While policy changes were implemented in each of the three Charter amendment elections, the majority of the amendments adopted were to bring the Charter either into compliance with state law or to adopt changes authorized by state law. In 1969 Euless voters approved election of Council members by places with provision -for election run—offs. Amendments were also approved changing the date of the general election, establishing a planning and zoning commission, exempting the city from the requirement of posting appeal bonds in judicial proceedings and establishing a period of notice for claims against the city --all of which were Proposed to bring the Charter into compliance with state law. 11/26/90 14:15 24 817 275 7810 CRIBB-S'&Mr_FHRLRNU 03 Mayor and Council Members In re: Euless Charter Revision November 26, 1990 Page 2 In 1973 the voters approved creation of the Euless Library Board, the Euless Parks and Recreation Board, clarified the quorum requirements for the Planning and Zoning Commission and, again, changed the date of the general election to comply with state law. In 1975 amendments were adopted with respect to the authority of the Euless City Manager and as to the times for meetings of the City Council. Other changes were made authorizing the adoption of ordinances on an emergency basis, providing for changes in name and structuring of the municipal court, in the collection of delinquent taxes, and for purchases without the necessity of bidding in certain instances, which amendments again were adopted either under the authority of or to bring the Charter into compliance with state law. LEGAL ISSUES The city's Charter may not be amended or repealed more often than every two years (Art. XI, § 4 of the Texas Constitution). State law takes precedence over the provisions of a city's charter (Art. XI, § 4 of the Texas Constitution), and is also preempted and may not conflict with federal statutes or the United States Constitution. The Euless City Council, on its own motion, may summit proposed Charter amendments to the city's qualified voters for their approval. Likewise, Euless citizens, by appropriate petition, may propose Charter amendments (§ 9.004, Texas Local Government Code). No amendment may contain more than one subject (§ 9.004, Texas Local Government Code). If the Council determines that preferred amendments to the Charter are so numerous as to dictate the submission of a revised Charter, such would require the following procedures: (1) The Euless City Council, by a vote of at least two—thirds of its members, must order an election which shall pose to the citizenry the question: "Shall a commission be chosen to frame a new charter?" (2) If the ordinance of the Council is adopted between the 90th and 30th day "preceding the city's general election (May 4, 1991), such election must be called for the general election. If not available for that date, then such election must be scheduled for the next uniform election date available under state law. 11: 10%?U 14: 1G a 817 275 7810 CRIBE, S,;McFARLAHD 04 Mayor and Council Members In re: Euless Charter Revision November 26, 1990 Page 3 (3) The ballot must also provide for the election, at large, of a charter commission to draft the new charter if a majority of the qualified voters approve such issue. The charter commission must consist of at least 15 members. If more than 15� members are to be chosen, additional requirements apply under state law. (4) If the voters approve the issue regarding the drafting, of a new charter, the elected charter commission then proposes a revised charter which is submitted to the voters at t�e first authorized uniform election date following such commission's final approval of the new charter and certain publication requirements. (5) The submission to the voters vrith respect to the revised charter must be upon separate subject matters such as is practicable to submit. If all of such subject matter propositions do not receive a majority vote, the entire charter revision is rejected (§ 9.002 Texas Local Government Code). CONCLUSION We have identified more than 30 p are in conflict with state or federal laws opinion that some of these changes cai proposition. Although a comprehensive e been made, it should be presumed that as 12 or more, would be required simply current law, visions of the existing city Charter which Ir judicial interpretations thereof, It is our be incorporated into more than one ballot aluation of such ballot alternatives has not ultiple ballot propositions, perhaps as many to bring the Charter into conformity with If the Council's current Charter 1�eview Committee recommends additional substantive changes, many of which might simply streamline current municipal practices, even more amendments for voter consideration would be required. The city's Charter was a comprehensive document drafted almost three decades ago and has been amended on only three occasions. Its drafters should be complimented because over that intervOning period, it has, indeed, provided many safeguards to its citizens while not impeing substantially the day to day affairs of the city. Many of its provisions, howev r, are antiquated and have been replaced or superseded by state and federal law. The average citizen now reading the Charter would undoubtedly draw an inaccurate view as to the requirements of city government because of these changes. 11!26!90 14:17 8 817 275 721CI CRIB6S&',11cFARLAll D 05 Mayor and Council Members In re: Euless Charter Revision November 26, 1990 Page 4 COUNCIL ALTERNATIVES It appears that the Council has the following alternatives: (1) Authorize its current Charter Review Committee to review the numerous inconsistencies currently existing between state and federal law and make recommendations as to the least possible number of amendments required to rectify such inconsistencies. (2) Additionally request the Committee to recommend to the Council those substantive changes that might be suggested to more efficiently administer the affairs of the city or respond to the needs of its citizens. (3) Following review of the Committee's report, the Council would then determine the number of amendments necessary to bring the Charter into compliance with current law and to effect proposed Substantive revisions. The decision would then be required whether to submit all of such amendments to the electorate at one time or in multiple elections --remembering that Charter amendment elections may be held only every two years. By way of example, if some 20 amendments are desired and it is determined that such are too numerous to submit to the electorate in a single election, such could be submitted ten at a time over a two year period in two separate elections, (4) If the number and extent of revisions dictated are determined to be too numerous to submit in a single election or it is the Council's desire not to submit same over several years in multiple elections, an election could be called, as hereinbefore provided, to pose the question of submitting a fully revised Charter and electing a Charter Commission to draft such revision. (5) Of course, the Council may, at this time, call an election to propose a revised Charter. We will be available to the Council to address these issues at the time of Mr. Payton's presentation. In the meantime should any of you have any questions, please feel free to call upon us. my ^ Bo cF lan BMc:msl 2731 M