HomeMy WebLinkAboutCharter Review Committee Minutes 12/12/1994CHARTER REVIEW COMMITTEE
DECEMBER 12, 1994
MINUTES
Members Present Jimmy Payton, Chairman
Letty Lynn Maloney
Harold Samuels
Dwayne Wilcox
Andy Chesney
Bill Byers
Paul Tomme, City Attorney
Susan Crim, City Secretary
Members Absent Bonnie O'Brien
Don Warren
Guests Councilman Henry Boatright
Neal Adams, Vice -Chairman
Billy Owens
Ron Shields
Bill Pasteur
Bob Pippin
Vice -Chairman Adams called the meeting to order at 6:00 p.m. Ten 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 Dwayne Wilcox and second by Billy Owens, the minutes of the
December 1, 1994, Charter Review Committee meeting were approved by a vote of
9-0 with Neal Adams abstaining as he was not present on December 1.
Paul Tomme distributed a Legal Commentary On The City Of Euless Charter and
reviewed ways to amend various Charter provisions that the Committee might
choose to address. Chairman Payton arrived at 6:20 p.m. and presided over
the remainder of the meeting.
ARTICLE II. Section 9
Billy Owens moved to table the discussion of the number of required monthly
meetings the City Council shall be required to hold. Letty Lynn Maloney
seconded the motion.
Mr. Owens then withdrew his motion and moved to decline making a
recommendation regarding the number of required monthly meetings the City
Council shall be required to hold. The motion was seconded by Bill Pasteur
and was approved by unanimous vote.
ARTICLE III, Section 3
The Committee discussed the possibility that a conflict exists between
Article III, Section 3 and Article II, Section 2, regarding the length of
time a candidate for city office must have resided in the City. One section
CHARTER REVIEW COMMITTEE DECEMBER 12. 1994 PAGE 2,
appears to require the candidate to have resided in the City one year prior
to the date the application for a place on the ballot is filed, while the
other section appears to require the candidate to have resided in the City
one year prior to the election.
Ron Shields moved to recommend that the first sentence of the second
paragraph of the language quoted in ARTICLE III, Section 3 of the Charter be
amended to read as follows:
"I am a registered voter of the City of Euless, citizen of the United
States, and will have been a resident of the City of Euless for at least
one year on the date of said election."
(Underlined words are not currently in the Charter.)
The motion was seconded by Bob Pippin and carried by unanimous vote.
ARTICLE IV, Section 7
Chairman Payton suggested the Charter Review Committee look at the
percentage of registered voters, as opposed to the percentage of number of
persons who voted in the last election(s), to be considered as the
requirement for signatures on a petition for initiative, referendum and
recall. He stated that the number of registered voters in the last three
years were: 1992, 17,047; 1993, 20,205; and 1994, 20,880.
After discussion by the members of the Committee, Neal Adams moved to amend
the first sentence of ARTICLE IV, Section 7 to read in part as follows:
"....a petition, signed by qualified voters of the City equal in number
to at least thirty (30) per cent of the number of votes cast at the last
regular municipal election of the City, or by five hundred (500)
qualified voters, whichever is greater,....".
The motion was seconded by Bill Pasteur and tied in a vote of 5-5-1 as
follows:
AYES: Neal Adams, Andy Chesney, Billy Owens, Bill Pasteur and Letty Lynn
Maloney
NAYS: Ron Shields, Bob Pippin, Bill Byers, Dwayne Wilcox and Jimmy Payton
ABSTAIN: Harold Samuels
Harold Samuels then moved to require a petition for initiative, referendum or
recall to require three (3) per cent of the registered voters at the time of
the last regular municipal election. The motion was seconded by Bob Pippin.
Billy Owens then moved to amend the motion to require two and one half
(2-1/2) per cent of the registered voters at the time of the last regular
municipal election. The motion died for lack of a second.
CHARTER REVIEW COMYIITTEE DECEMBER 12. 1994 PAGE 3
Bill Byers then moved to amend the motion to require four and one half
(4-1/2) per cent of the registered voters at the time of the last regular
municipal election. Upon second by Dwayne Wilcox, the motion failed by a
vote of 7-4 as follows:
AYES: Bill Byers, Dwayne Wilcox, Ron Shields and Jimmy Payton
NAYS: Harold Samuels, Bill Pasteur, Bob Pippin, Andy Chesney, Billy
Owens, Neal Adams and Letty Lynn Maloney
The original motion then passed by a vote of 7-4 as follows:
AYES: Harold Samuels, Bob Pippin, Letty Lynn Maloney, Ron Shields, Dwayne
Wilcox, Billy Owens and Andy Chesney
NAYS: Neal Adams, Bill Byers, Bill Pasteur and Jimmy Payton
ARTICLE VII. Section 5
Chairman Payton requested the changing of this article not be considered at
this time.
ARTICLE XI. Section 3
Dwayne Wilcox moved to recommend this section be amended to read:
"All ordinances granting, amending, renewing or extending franchises for
public utilities shall be read at two separate regular meetings of the
Council and shall not be finally be passed until thirty (30) days after
the first reading; and no such ordinance shall take effect until thirty
(30) days after its final passage; and pending such time, the full text
of such ordinance, or its caption if permitted by the Citv Council, shall
be published once each week for four (4) consecutive weeks in the
official newspaper of the City of Euless and the expense of such
publication shall be borne by the proponent of the franchise."
(The portion underlined is an addition to the current wording of this
section.)
The motion was seconded by Harold Samuels and carried by unanimous vote.
GRAMMATICAL ERRORS
Paul Tomme pointed out three (3) grammatical errors in the Charter. Ron
Shields moved to amend the third sentence of the first paragraph of ARTICLE
II, Section 1 to read as follows:
"The Mayor and members 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 official duties, when approved by the Council."
CHARTER REVIEW COMMITTEE DECEMBER 12. 1994 PAGE 4
(The underlined word "official" is currently in the Charter as "office".)
and to amend the third sentence of the second paragraph of ARTICLE II,
Section 11 to read as follows:
"All ordinances enacted by the Council shall be considered and the
descriptive caption of such ordinance read in open meeting of the Council
at two regular Council meetings...."
(The word "and" is deleted between the words "Council" and "at".)
and to amend ARTICLE II, Section 13 to read as follows:
"All ordinances of the City of Euless adopted prior to the adoption of
this Charter and not inconsistent with the provisions of this Charter
shall remain in full force and effect until altered, amended or repealed
by the City Council."
(The underlined word "prior" is currently in the Charter as "subsequent".)
The motion was seconded by Letty Lynn Maloney and carried by unanimous vote.
Chairman Payton stated that the Committee had been asked to broaden their
consideration of charter changes to include the issue of a vacancy occurring
on the City Council and to look into the possibility of the City Council
appointing a replacement until the next regular council election. Paul Tomme
was asked to research this issue. Harold Samuels asked the City Secretary to
survey area cities to see what their requirements are regarding appointments
for vacancies.
Mr. Payton announced that the next Charter Review Committee meeting will be
held in January, and the members will be notified of the date and time.
The meeting was adjourned at 7:50 p.m.
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JimlPfy Payton, /Chairman
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Susan Crim, CMC
City Secretary