HomeMy Public PortalAboutCharter Review Committee Minutes 08-04-1994 Charter Review Committee
Meeting Date: August 4, 1994
Present were: Committee members : Michael Logan, Chairman, Lester Strother, Jean
Spieker, Don Acker, Vice-Chairman, City Secretary Terri Willis, staff representative.
1. Meeting was called to order at 7:31 P.M.
2. Motion was made by D. Acker to accept the July 7,1994 minutes as written.
L. Strother seconded the motion. Carried unanimously.
3. Prior to our continued review of the Charter the following items were covered:
Chairman Logan noted that neither he nor Vice-Chairman Acker were able to attend the
Quarterly Meeting and thanked J. Spieker for representing the Committee at his request.
In addition to the posting of each of our meetings with the specific item for public
comments the consensus of the Committee is, a reminder in the October Newsletter of
our meeting date "for those who would like to attend " would be appropriate.
Chairman Logan noted we had just received a letter from City Attorney Paul Wieneskie
covering the items we have marked for amendment and further discussion. The tape was
turned off while we took time to read his comments. Tape on at 7:52 P.M.
During our review Mayor C.F. Kelley stopped by to offer his continued support for our
time and efforts on this project.
We continued our review of the Charter starting at the beginning of items marked for
review.
• Article II: Boundaries. See att Amendment list
• Article V: City Council Section 5.01 City Officials. See att Amendment list
• Article V: City Council Section 5.02 Qualifications. D. Acker suggested we discuss
this item with P. Wieneskie at the September meeting. Is this covered by state law?
• Article V: City Council Section 5.03 Date of election: Candidates to Run for Places:
Places Designated. See att Amendment list for new section 5.12 Limitations on
Successive Terms.
Discussion pertaining to the order of Charter provisions took place. Chairman Logan
suggested we continue our review in the current order to avoid any confusion in the
changes we suggest. After we finish our review one of our recommendations may be to
change the order of the provisions of the Charter.
• Article V: City Council Section 5.05 Official ballot. No change recommended See att
discussion list
• Article V: City Council Section 5.08 Judge of the Election.See att discussion list. No
decision could be reached. Chairman Logan announced a new member, David Ragan
had been appointed to our Committee. We will discuss this with the full Committee
present.
Review of the Charter stopped at this point. We will commence with Article V: Section
5.09 at our next meeting. Our next meeting was set for August 22, 1994 at 7:30 P.M.
Respectfully submitted
S c tary Chai
Amendment Suggestions :
Article II : Boundaries
Change to:
ARTICLE II : BOUNDARIES AND LIMITS
Section 2 . 01 Boundaries and Limits
The boundaries and limits of the City of Richland Hills,
until changed in the manner herein provided, shall be the
same as have heretofore been established and now exist and
which are on file with the City Secretary.
Article V: City Council
Section 5. 01 City Officials
Change to:
The City Councilmembers and Mayor each shall be allowed, for
incidental expenses, the sum of Twenty-five ($25. 00) and
Fifty ($50) per month, respectively, and such designated
actual expenses supported in writing which shall have been
presented to the City Council and received approval .
Section 5. 02 Qualifications
Change due to conflict with State law which deletes "and
shall not be in arrears in the payment of any taxes or other
r liability due the City" .
(4/7/94 minutes) (8/4/94 minutes, discuss with City Attorney)
Section 5. 05 Official Ballot
Amend last sentence to read "Filing and withdrawing within
time limits shall be as prescribed by State law"
(4/7/94 minutes) (8/4/94 minutes delete amend suggestion per
City Attorney letter)
Section 5 . 08 Judge of Election
Amend to read "a 51% majority is required in all places, or
a runoff will be required"
(4/7/94 minutes) (8/4/94 minutes moved to discussion list)
Section 5. 12 Limitation on Successive Terms (NEW SECTION)
No person shall serve as Mayor for more than three (3)
successive terms and no person shall serve as Councilman for
more than three (3) successive terms . A term of office
shall be for a period of two (2) years or any portion
thereof.
Section 6. 04 City Manager Sub-section 3 Powers and duties of
the City Manager Item h. Delete provision concerning a
Grievance Committee . Amend to "Establish a local civil
service commission" with an appeal clause to the City
Council .
(5/5/94 minutes)
Article XIII : Taxation Section 13 . 02 Power to Tax. Amend to
read "and shall make such rules" . Deleting "and may" .
(6/2/94 minutes)
Article XV: Recall of Officers Section 15. 04 . Amend last
sentence to read "the councilperson' s Richland Hills
address"
(7/7/94 minutes)
Items for Future Discussion
(Th Paul Wieneskie, City Attorney, suggested the Committee might
consider an amendment authorizing changes be made to the
Charter covering typographical errors . (would not require a
citizen vote)
(3/3/94 organizational meeting notes)
Lester Strother suggested we consider adding a cross-
reference section to the Charter.
(5/5/94 minutes)
Article II : Boundaries Section 2 . 01 . We will check with
the City Attorney on the meets and bounds of City limits,
should they be specified in some way within the Charter.
(4/7/94 minutes) (8/4/94 minutes moved to Amendment list)
Article V: City Council Section 5. 01 City Officials . At
this time the consensus of the committee is to change the
amount of the incidental expenses of the Council and Mayor
to $25 and $50, respectively.
(4/7/94 minutes) (8/4/94 moved to Amendment list)
Article V: City Council 5. 03 Date of Election: Candidates to
Run for Places : Places Designated. Discussion pertaining
r to limit of terms to 3 consecutive 2 year terms then sit out
2 years ensued.
(4/7/94 minutes) (8/4/94 minutes moved to Amendment list new
section 5. 12 added)
Article V: City Council Section 5 . 08 Judge of the Election
moved from amendment list . Further discussion concerning
feasibility of runoffs for councilmen. (8/4/94 minutes)
Article V: City Council Section 5. 09 Vacancies . Concern was
expressed over "in the case of only one" wording. It was
decided to check with the City Attorney to see if it is
necessary to provide for a "more than one" case.
(4/7/94 minutes)
Article VI : Powers and Duties of Officers Section 6. 04 City
Manager Sub-section 1 Appointment and Qualifications .
Discussion centered upon the residency requirement implied
in the statement "and need not, when appointed, be a
resident of the City. " One alternative suggested was to see
if the City Council would consider this a more appropriate
subject for an employment contract than a Charter provision.
(5/5/94 minutes)
("h Items for Future discussion continued:
Article VI : Powers and duties of Officers Section 6. 08
Municipal Court Sub-section (1) Judge of the Municipal
Court. Held for discussion because typos leave some question
as to meaning in paragraph. T. Willis has agreed to check
master copy of this provision.
(5/5/94 minutes)Also for discussion: Issue of appointment of
judge after an elected judge resigns from office leaving the
majority of his term to be served. Requested to be added to
the discussion list by Malvin Brantley.
(7/7/94 minutes)
Article VI : Powers and Duties of Officers Section 6. 08
Municipal Court Sub-section (2) Clerk of the Municipal
Court. Discussion questioned the fact a 4/5 Council approval
vote is needed to remove the Court Clerk instead of a simple
majority.
(5/5/94 minutes)
Article IX: Contracts Section 9. 04 Competitive Bidding. The
$5, 000 bid amount has possibly been changed to $10, 000 by
the state . Discussion concerned if, indeed it has changed
do we wish to keep it at $5, 000 . Needs to be discussed with
City Attorney and City Manager for their views .
(6/2/94 minutes)
Article XIV: Planning and Building Regulations Section 14 . 01
The Planning and Zoning Commission. In question is
requirement that commissioner be required to own real
property within said City. It has been pointed out that
this item has been resoundingly upheld by the voters . The
alternate thought is that we may need to delete this
requirement as protection against a discrimination suit .
(7/7/94 minutes)
Article XV: Recall of Officers . We are requesting the City
Attorney review the entire Recall section due to possible
changes in current law. Special attention to be given to
Section 15. 05 and 15 . 07, possible words missing.
(7/7/94 minutes)
Article XVI : Initiative and Referendum Section 16. 02 Sub-
section A. Initiative. The question centers on the wording
''qualified voter" vs . registered voter. The article
requires signers to be qualified voters (City Charter
Article V: Section 5. 05 Definition qualified voter) yet also
states signers must sign in the same manner as recall
Items for Future discussion continued:
petitions are signed, which only require registered voters
(Article XV: Section 15. 02) .
(7/7/94 minutes)
Article XVII : General Provisions Section 17 . 05 Public
Records . It was decided to check with the City Attorney as
more records have now been declared "open" as defined in The
Freedom of Information Act. Also, L. Strother thought we
could see if the definition of this Act could be included in
our Charter.
(7/7/94 minutes)
Article XVII : General Provisions Section 17 . 08 Execution,
Garnishment and Assignment.A question developed concerning
liens against the City. During this discussion a second
question arose and the Committee requested this section also
be taken into account by the City Attorney to prevent a
problem for the citizens and the City such as the "Lavon
Bond" (Also see Section 17 . 19 Bonds of Contractors)
(7/7/94 minutes)
Article XVII : General Provisions Section 17 . 11 Offset to
Debts . Does the City have a right to negate a debt owed to
the City? Question posed to the City Attorney.
(7/7/94 minutes)
Article XVII : General Provisions Section 17 . 13 Ethics .
Concern of the Committee is there is no provision for due
process . Check with the City Attorney.
(7/7/94 minutes)
Article XVII : General Provisions Section 17 . 15 Political
Activity. The concern is State and Federal law may affect
this provision. Check with the City Attorney.
(7/7/94 minutes)
The Committee also requests the City Attorney advise us on
the due process for the whole section.
(7/7/94 minutes)
Items for Future discussion continued:
Article XVII : General Provisions Section 17 . 16 Building
Permits . This item held for future discussion and also to
check with the City Attorney. The question is : The City
has the right to adopt a model code, do we need a specific
paragraph stating this code?
(7/7/94 minutes)
Article XVII : General Provisions Section 17 . 19 Bonds of
Contractors . Check with the City Attorney to see how bonds
may be placed, also reference Section17 . 08 .
(7/7/94 minutes)