HomeMy WebLinkAboutCharter Review Committee Minutes 1/9/1995CHARTER REVIEW COMMITTEE
JANUARY 9, 1995
MINUTES
Members Present Jimmy Payton, Chairman
Letty Lynn Maloney
Ron Shields
Bonnie O'Brien
Bob Pippin (arrived at 6:30)
Paul Tomme, City Attorney
Susan Crim, City Secretary
Members Absent Harold Samuels
Don Warren
Guests Councilman Henry Boatright
Neal Adams, Vice -Chairman
Billy Owens
Bill Byers
Andy Chesney
Dwayne Wilcox
Bill Pasteur
Chairman Payton called the meeting to order at 6:05 p.m. Eight members of
the Charter Review Committee were present, constituting a quorum. The agenda
for this meeting was properly posted in accordance with applicable law.
Upon motion by Letty Lynn Maloney and second by Ron Shields, the minutes of
the December 12, 1994, Charter Review Committee meeting were approved by
unanimous vote.
Paul Tomme responded to the request from the December 12 meeting that Article
II, Section 4, Vacancies, be reviewed with State law to ascertain if
vacancies on the City Council could be filled by appointment. He stated that
the Texas State Constitution provides that any municipality with council
terms of office exceeding two years must elect all of the members of its
governing body by majority vote of the qualified voters and that any such
vacancy on such governing body shall not be filled by appointment but must be
filled by majority vote of the qualified voters at a special election called
for such purpose within 120 days after such vacancy occurs.
ARTICLE IV, Sections 1, 2 and 7
Paul Tomme then presented the recommended wording for Sections 1, 2 and 7 of
Article IV regarding the number of signatures required for initiative,
referendum and recall, based on the vote of the Charter Review Committee
members at the December 12, 1994, meeting. He stated that one ballot
proposition would include the revision of all three sections of Article IV.
Second sentence of Article IV, Section I be amended to read as follows:
Any initiated ordinance may be submitted to the Council by a petition
signed by qualified voters of the City of Euless equal in number to at
least three percent (3%) of the number of registered voters who resided
CHARTER REVIEW COMMITTEE JANUARY 9, 1995 PAGE 2
in the City of Euless at the time of the last regular municipal election
of the City.
Second sentence of Article IV, Section 2 be amended to read as follows:
Prior to the effective date of any ordinance which is subject to
referendum, a petition signed by qualified voters of the City equal in
number to at least three percent (3%) of the number of registered voters
who resided in the City of Euless at the time of the last regular
municipal election of the City may be filed with the City Secretary
requesting that any such ordinance be either repealed or submitted to a
vote of the people.
First sentence of Article IV, Section 7 be amended to read as follows:
The people of the City of Euless reserve the power to recall the Mayor or
any member of the Council and may exercise such power by filing with the
City Secretary a petition signed by qualified voters of the City equal in
number to at least three percent (3%) of the number of registered voters
who resided in the City of Euless at the time of the last regular
municipal election.
Bob Pippin moved that the above stated language be recommended for revision
to Sections 1, 2 and 7 of Article IV. The motion was seconded by Bonnie
O'Brien and carried by a vote of 7-2 as follows:
AYES: Bob Pippin, Bonnie O'Brien, Letty Lynn Maloney, Ron Shields, Andy
Chesney, Billy Owens and Jimmy Payton
NAYES: Bill Byers, Neal Adams
Mr. Adams stated he does not oppose increasing the number of signatures
required on a petition, but he does oppose the method chosen to increase the
number of signatures required.
Billy Owens asked if the Committee was going to address the grounds for
recall. Paul Tomme stated that if we are going to provide the grounds for
recall, extremely specific grounds would need to be stated in the Charter or
the courts could rule that the Charter provision was ambiguous. The
Committee agreed not to address that issue at this time.
ARTICLE XI, Section 3
Paul Tomme stated that it had been brought to his attention that Section 3 of
Article XI is ambiguous as to the timing of publication of ordinances
pertaining to the granting or otherwise affecting franchises. At this time,
it is not clear whether the ordinance is to be published between the first
and second readings or between the second reading and the date the ordinance
is to take effect.
CHARTER REVIEW CONNITTEE JANUARY 9, 1995 PAGE 3
The Committee then held a lengthy discussion of (1) how many times such
ordinances should be published, (2) when they should be published, (3) what
the probable intent of the original charter commission might have been, and
(4) whether the publication was for the purpose of notifying citizens that it
is under consideration or for the purpose of notifying citizens that it has
been approved.
Ron Shields then moved that Article XI, Section 3, of the Charter be amended
to read as follows:
All ordinances granting, amending, renewing or extending franchises for
public utilities shall be read at two (2) separate regular meetings of
the Council and shall not be finally passed until thirty (30) days after
the first reading; and no such ordinance shall take effect until thirty
(30) days after its final passage. Subsequent to the first reading of
such ordinance but prior to the second reading, the full text of such
ordinance, or its caption if permitted by the City Council, shall be
published twice in the official newspaper of the City of Euless.
Subsesquent to the second reading of such ordinance, but prior to its
taking effect, the full text of such ordinance, or its caption if
permitted by the City Council, shall be published twice in the official
newspaper of the City of Euless. The expense of all such publications
shall be borne by the proponent of the franchise.
The motion was seconded by Bonnie O'Brien and carried by unanimous vote.
Paul Tomme distributed a copy of the proposed baTlot propositions to be
considered by the City Council. Letty Lynn Maloney requested the
propositions be more detailed, especially Proposition No. 2 relating to
franchises. Jimmy Payton asked Paul Tomme to revise Proposition No. 2 and
make it more clear as to what is being addressed in this proposition.
Letty Lynn Maloney also asked that Proposition No. 3 be expanded. Paul Tomme
agreed to clarify the proposition indicating a candidate must have been a
resident of the City of Euless for at least one year preceding the date of
the election.
Letty Lynn Maloney then moved to recommend that the three ballot propositions
be amended as discussed and be prepared for presentation to the City Council.
The motion was seconded by Bonnie O'Brien and carried by unanimous vote.
Paul Tomme distributed a draft of a letter to be submitted to the City
Council presenting the recommendations of the Charter Review Committee.
Chairman Payton instructed the City Secretary to prepare the letter together
with a copy of the sections of the Charter with the revisions indicated for
change and to circulate the letter among the Charter Review Committee members
for approval prior to submitting it to the City Council.
Mr. Payton stated that if all members of the Committee approve of the letter
and propositions as circulated there will not be a need for this Committee to
meet again. The meeting was adjourned at 7:20 p.m.
CHARTER REVIEW COMMITTEE JANUARY 9. 1995 PAGE 4
Jimmy Payton, Chairman
Susan Crim, CMC
City Secretary