HomeMy WebLinkAboutCharter Review Legal Commentary 01-09-1995LEGAL COMMENTARY ON THE CITY OF EULESS CHARTER
January 9, 1995
This Commentary on the City of Euless Charter is based on a review of its
provisions in light of the constitution, statutes, and cases of the State of Texas and
of the United States. The purpose is to bring the Charter into compliance with all
applicable laws governing home rule municipalities and includes suggested language
to effect such compliance. It is also the purpose of this Commentary to describe
ways to amend various Charter provisions which the Commission decides, as a
matter of policy, should be amended.
ARTICLE IV. Sections 1. 2 and 7
In response to the expressed wishes of the Charter Review Commission
pertaining to petitions for initiative, referendum or recall, it is recommended that
the second sentence of ARTICLE IV, Section 1 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 in the City of Euless at the time
of the last regular municipal election of the City.
It is also recommended that the 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either repealed or submitted to a vote of the people.
It is also recommended that the 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.
Page 2
ARTICLE XIs Section 3 — Ordinance Granting Franchises
Another ambiguity in this section has been discovered pertaining to the timing
of publication of ordinances granting franchises, or the caption. The phrase
"pending such time" fails to make clear whether the ordinance or caption is to be
published prior to the second reading or simply prior to the ordinance taking effect
thirty (30) days after the second reading.
ARTICLE II, Section 12 pertaining to Publication of Ordinances in General
clearly establishes that other types of ordinances are to be published twice after
final passage. Local Government Code § 52.013 likewise states that a home rule
municipality may publish a caption of an adopted ordinance, thereby implying that
publication subsequent to final passage and adoption is proper.
Therefore, it is recommended that the phrase "and pending such time" be
amended to "and subsequent to final passage but prior to the ordinance taking
effect." Since this Section is already being amended to make it consistent with
State law allowing the publication of a mere caption, it will not be necessary to add
any additional ballot propositions in order to make this recommended change.
MLIB/663
ORIBBS & MCFARLAND FAX NO, 817 275 7810
LEGAL COMMENTARY ON THE CITY OF EULESS CHARTER
This Commentary on the City of Euless Charter is based on a review of its
provisions in light of the constitution, statutes, and cases of the State of Texas and
of the United States. The purpose is to bring the Charter into compliance with all
applicable laws governing home rule municipalities and includes suggested language
to effect such compliance. It is also the purpose of this Commentary to describe
ways to amend various Charter provisions which the Commission decides, as a
matter of policy, should be amended.
ARTICLE II, Section 4 — Vacancies
We were asked to study the possibility of amending ARTICLE Xi, Section 4 of
the Charter to provide that vacancies on the City Council would be filled by
appointment to serve out the remainder of an unexpired term in the event of a
Council member's departure, Article XI, Section 11 of the Constitution of the
State of Texas 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 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. Therefore, it is not possible to establish appointment of
council members to fill vacancies unless the Charter were amended to re—establish
two year terms.
MLIB/G51