Charter Review Committee Minutes - 08/26/2019 MINUTES OF THE CHARTER REVIEW COMMITTEE
August 26, 2019
Present:
Councilor Bobby Whiteley § Committee Members
Councilor Jeff Browning §
Glenn Barham §
Darrell Coleman §
Michael Smith §
Paul Menzies, Assistant City Manager § City Staff
R. Kinley Hegglund, Jr., City Attorney §
Marie Balthrop, City Clerk §
Julia Vasquez, First Asst. City Attorney §
Absent:
Mayor Stephen Santellana § Committee Member
1. Call to Order
Councilor Whiteley called the meeting to order at 3:01 p.m.
2. Approval of Minutes (07/29/2019)
Darrell Coleman moved to approve the minutes from July 29, 2019. The motion
was seconded by Councilor Browning and it carried unanimously.
3. Workshop
A discussion was held concerning new case law pertaining to the use of the word
"must" in place of "shall." Kinley Hegglund, City Attorney, recommended making
this replacement throughout the charter. It was suggested this be discussed with
the Texas Municipal League (TML) legal department prior to making the change.
Mr. Hegglund will contact TML and the committee will consider this change at a
future meeting.
Sec. 1 — Incorporation
Julia Vasquez, First Assistant City Attorney, discussed proposed language
changes to the third paragraph of Section 1 as follows:
2019 Charter Committee Minutes of July 29, 2019 1
"All powers and authority, including determination of all matters of policy, which
are expressly or by implication conferred on or possessed by the City must be
vested in and exercised by the City Council. The City Council must set policy for
the city by the enactment of ordinances, the passage of resolutions, the adoption
of a budget and the passage of such other rules as necessary to establish city
policy under the laws and Constitution of the State of Texas."
The committee agreed to the proposed change in language.
Sec. 2 — Boundaries
Darrell Coleman suggested that "heretofore" be changed to "previously."
Sec. 3 Annexation and disannexation
A discussion was held in reference to changes to annexation laws and that the
Charter is no longer in compliance. Mr. Hegglund suggested that Sec. 3a remain
unchanged and that 3b and 3c be replaced with the following wording:
Sec. 3b —Annexation on petition by owners
Replace with: "Territory may be annexed to the City upon presentation of a petition
as authorized by state law."
Sec. 3c— Disannexation of territory.
Replace with: "Territory lying within the boundary limits of the City may be
disannexed from the City as authorized by State law."
Sec. 7 — Express Corporate Powers
A discussion was held on various items in Section 7. The Committee agreed to
remove the words "thereof," "heretofore or," "hereafter," and "thereto" from Sec. 7
(v).
Sec. 8. — Other corporate powers
It was suggested that the words "implied thereby" be removed.
Sec. 9. —Creation of city council and Sec. 9a. Designation of council and councilors
Recommended to be left unchanged.
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Sec. 10. — Membership of the city council
Suggested to be changed as follows:
"The city council shall consist of a mayor and six councilors, whose tcrms
qualifications, and method of election shall be prescribed in the Code of
Ordinances, Chapter 2, Administration."
Sec. 11 . — Candidacy for the city council
Remain the same with a spelling correction of "a" to "at" in item (1).
Sec. 12 — Terms of office
A discussion was held in regard to November vs. May elections, terms of office,
and possibly changing the length of terms. It was proposed that in the last
sentence "two year" be changed to "18-months" in reference to the required
absence from office after serving the maximum terms as an elected official. Mr.
Hegglund will rewrite this section to change to three-year terms beginning with the
November election, change the maximum number of successive terms to two
terms, with a maximum number of successive terms in any office of three terms
(with an exception for currently seated elected officials).
Sec. 20. — Notice of election by publication
It was suggested by Marie Balthrop, City Clerk, to remove the requirements to
publish the notice of election and polling places on election day due to the cost.
The notice would still be published in accordance with Texas Election laws.
Sec. 21 . — Breaking tie votes
It was suggested that "by lot" be replaced with "by flip of a coin."
Sec. 23. — City Council vacancies
Mr. Hegglund will rewrite this section.
6. Adjourn.
The next meeting will be held on September 23, 2019 at 3:00 p.m.
Councilor Whiteley adjourned the meeting at 4:30 p.m.
2019 Charter Committee Minutes of August 26, 2019 3
Mayor Stephen Santellana
Attest:
�Qit t & #144,
Marie Balthrop
City Clerk
2019 Charter Committee Minutes of August 26, 2019 4