Loading...
Item 6FITEM 6F Ordinance No. 912 2nd Reading: Call a special election for November 6, 2007, for the purpose of amending the City Charter. Why Review the Charter? Innovation Developing new approaches to local government structures or processes to “meet modern needs.” Adaptation Altering provisions to reflect new conditions and practices. The focus is on adjustment rather than innovation. Clean Up Simplify, reflect changes to state & federal law to avoid confusion and ambiguity, remove obsolete statutory references. Section 2.03 (term limits) ● This first potential amendment removes term limits for Council members, however, limits would still apply to the position of Mayor. Section 3.13 (a), 3.13 (b), and 9.42 (posting) ● Section 3.13 (a) - The purpose of this amendment is to modify our method of notifying the public of proposed ordinances and the results of the city audit. ● Section 3.13 (b) - This amendment for the use of the website, as well, to publish required notice provisions. ● Section 9.42 - This section can be amended to provide that the entirety of the audit be posted on the website, rather than a summary posted in the newspaper. Potential Amendment Master List Potential Amendment Master List - 3) Section 3.14 (emergencies) ● This amendment is designed to ensure that the City Council can meet and take action for emergencies as provided for under the requirements of the Texas Open Meetings Act. 4) Section 2.06 ● This potential amendment clarifies the role of the Mayor and City Manager for day-to-day duties of signing contracts and other conveyances, and clears up the language to be gender neutral. Section 4.14 (duties of CM) ● This amendment lists the duties of the City Manager, it would also clarify which personnel rules would need formal action by the City Council. The second part of the amendment would make it clear that the City Manager has the authority to sign official documents. 6) Section 5.02 ● Purpose of this amendment is to provide the City Council the authority to remove their appointed judge following a public hearing. Potential Amendment Master List Section 10.01, 10.02, and 10.05 (franchise and public utilities) ● Section 10.01 and 10.02 - This change would strengthen the city’s position with regard to row management and control. All amendment language gives Council full authority over these public places. ● Section 10.05 - Amendment would provide the Council with the authority needed to effectively manage the franchise utilities that locate within these public places. 8) Section 4.02 (office) ● The proposed amendment clears up some confusion regarding the Council’s ability to appoint Council members to official boards. It simply grants Council the ability to appoint their choice to these positions. Section 7.11 (office) ● The language is clarified to ensure that no elected official may be appointed to a compensated position. Possible Amendment Language – Section 2.03 (terms) No person shall serve as Mayor for more than two (2) successive elected terms and no person shall serve as Council member for more than two (2) successive elected terms. A term of office shall be defined as an elected period of three years. This provision shall apply to all elections held subsequent to the adoption of this Charter. Possible Amendment Language – Sections 3.13(a)/3.13 (b)/9.42 (Posting) 3.13 (a) – The City Secretary shall publish post the proposed ordinance or its caption and penalty in its entirety on the City website together with a notice setting out the time and place for a public hearing and for its consideration by Council at least ten (10) days before the second meeting at which the ordinance is considered. 3.13 (b) Except as otherwise provided by law or this Charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine or forfeiture for any violation of any of its provisions, and of every other ordinance required by law or this Charter to be published, by causing the ordinance or its preamble and penalty, to be published at least one (1) time within ten (10) days after its final passage, in the official City newspaper, or website if permitted by law. The affidavit of such posting or publication by the publisher of the newspaper or by website administrator taken before any officer authorized to administer oaths and filed with the City Secretary, shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. 9.42 - Upon completion of the audit, the results thereof in a summary form shall be published immediately in the official newspaper of the City the audit shall be immediately posted on the City’s website in its entirety and copies of the audit placed on file in the City Secretary's office as a public record. Possible Amendment Language – Sections 3.14 (emergency mtgs.) 3.14 - To meet a public emergency affecting life, health, property or the public peace, or to take action on any item authorized to be discussed at an emergency meeting as defined by the Texas Open Meetings Act, the Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, except in conjunction with the selling of bonds, refunding bonds, notes, leases or other evidences of indebtedness, grant, renew or extend a franchise, or regulate the rate charged by any public utility for its service. Possible Amendment Language – Sections 2.06 2.06 - The Mayor shall preside over the meetings of the Council and shall perform such other duties consistent with the office as may be imposed upon him/her by this Charter and by ordinances and resolutions passed in pursuance thereof. The Mayor shall participate in the discussion of all matters coming before the Council and shall have a vote on all matters before the Council. The Mayor may shall sign, after authorization by the Council, all contracts and conveyances made or entered into by the City, and all bonds, warrants and any other obligation issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. The Mayor shall be recognized as the official head of the City by the courts for the purpose of enforcing military law and for all ceremonial purposes. Possible Amendment Language Section 4.14 (duties of CM) 4.14 - (10) Prepare personnel rules subject to the approval of the Council, if a rule or policy has financial implications, and provide notice of all revisions to the City Council. (12) The City Manager shall also have the power to sign all contracts and conveyances made or entered into by the City. Possible Amendment Language – Section 5.02 (MC Judge) 5.02 – A Judge shall serve for a two (2) year term, subject to removal by a majority vote of the entire City Council after an opportunity for a public hearing. Possible Amendment Language – Sections 10.01/10.02/10.05 (franchise and public utilities) 10.01 - In addition to the City's power to buy, construct, lease, maintain, operate, sell and regulate public utilities within or without the City limits, 10.02-(a) The sole right of control, easement, use, ownership of and title to the public streets, sidewalks, highways, bridges, alleys, public places, and other real property of the City is hereby declared to be inalienable, except by ordinance adopted by a majority of the City Council. 10.05(a) Whether or not it is stated in the franchise ordinance, all grants, renewals, extensions, or amendments of public utility franchises shall be subject to the right of the City, as provided by ordinance: (eb) The franchise shall restore at the franchisee’s expense, all public or private property to a condition equally as good as or better than before distributed by construction, repair or removal. The franchise holder in opening and refilling of all earth openings shall re-lay the pavement and do all other work necessary to complete restoration of streets, sidewalks or grounds to a condition equally as good or better as when disturbed. Possible Amendment Language – Sections 4.02 and 7.11 (office) 4.02 - A person who holds a salaried or elected position with the City is not eligible to serve on a City board or commission, unless authorized by vote of the City Council. This subsection does not prevent a person who holds a salaried or elected position with the City from serving on the board of an entity created under state law after a vote by the citizens at an election creating the entity. Possible Amendment Language – Sections 4.02 and 7.11 (office) 7.11 - No person elected to the Council shall, during the term for which he/she is elected to the Council, be appointed to any compensated office, position, or employment in the service of the City, and no former member of the Council shall hold any compensated, appointive city office or employment until one year after the expiration of the term for which he/she is elected to the Council.