HomeMy Public PortalAboutCharter Review Committee Minutes 09-26-2012 • Charter Review Commission Minutes
September 26, 2012
Community Board Room
Members Present:
Chairman Bill Agan
Secretary/Vice Chair Jeff Ritter
Member Loyce Greer
Member Janece Hill
Member Doug Knowlton
Member LaRue Wall
Audience Present:
Beverly Williams
Chairman Agan called the meeting to order at 7:04PM
1.Read and Approve minutes from last meeting
(September 19, 2012)
Member Wall pointed out a grammatical error in the minutes.
Secretary Ritter noted the changes and indicated he would correct the mistakes.
Secretary Ritter motioned to accept the Minutes of the Sep. 19, 2012 meeting with noted
• changes.
Member Wall seconded.
The motion was approved by unanimous vote.
2.Review City Charter.
Section 10.01 —Powers of The City
The consensus of the Commission was to keep the language as proposed.
Section 10.02—Power and Ordinance to Grant Franchise
The consensus of the Commission was to keep the language as proposed and add
provisions to allow for compensation for trash, gas, utility usage, etc. as recommended by
Attorney Elam.
Section 10.03—Transfer of Franchise
The consensus of the Commission was to keep the language as proposed.
Section 10.04—Franchise Value Not to be Allowed
The consensus of the Commission was to keep the language as proposed.
Section 10.05—Rights of Regulation
The consensus of the Commission was to keep the language as proposed.
• Section 10.06—Regulation of Rates and Services
The consensus of the Commission was to keep the language as proposed.
Section 10.07—Licenses
The consensus of the Commission was to keep the language as proposed.
Section 10.08—Mineral, Gas and Oil Rights and Revenues—Mineral, Gas and Oil
Deposits
Add to paragraph 3: "...after a public hearing and an affirmative vote... "
Begin paragraph 4 with, "The Planning and Zoning Commission may... "
ARTICLE XI—LEGAL PROVISIONS
Secretary Ritter reminded the Commission that this section was to be scrutinized by the
City Attorney and that Attorney Elam would recommend to the City Council specific
language in several sections.
Section 11.01 —Assignment, Execution and Garnishment
The consensus of the Commission was to follow Attorney Elam's recommendation and
use the language as in the present Charter as in Sections 17.08-09.
Section 11.02—Security and Bond
• The consensus of the Commission was to keep the language as proposed.
Section 11.03—Notice of Claim
The consensus of the Commission was to follow Attorney Elam's recommendation and
use the language as in the present Charter as in Section 17.07 and to make the time limit
180 days.
Section 11.04—Power to Settle Claim
This section is to be placed in Section 2.01.
Section 11.05—Service of Process Against the City
The consensus of the Commission was to follow Attorney Elam's recommendation to
indicate that any process must be served to either the Mayor or the City Secretary as per
State Law.
Section 11.06—Judicial Notice
The consensus of the Commission was to follow Attorney Elam's recommendation and
use the language as in the present Charter as in Section 17.10.
Section 11.07—Pending Matters
The consensus of the Commission was to remove this section.
Section 11.08—Property Not Exempt From Special Assessments
The consensus of the Commission was to remove this section.
•
Section 11.09—City Council May Require Bonds
The consensus of the Commission was to keep the language as proposed.
Section 11.10—Disaster Clause
The consensus of the Commission was to add, "...call for... " and underline the verbiage
for clarity.
Section 11.11 —Severability of Portions of Charter
The consensus of the Commission was to keep the language as proposed as Attorney
Elam will provide specific language to the City Council.
ARTICLE XII—GENERAL PROVISIONS
Section 12.01 —Official Newspaper
The consensus of the Commission was to follow Attorney Elam's recommendation and
use the language as in the present Charter as in Section 17.06.
Section 12.02—Political and Religious Discrimination
The consensus of the Commission was to keep the language as proposed.
Section 12.03—Pools, Ponds and Lakes
The consensus of the Commission was to follow Attorney Elam's recommendation and
use the language as in the present Charter as in Section 17.15.
ARTICLE XIII—CITY CHARTER
Section 13.01 —Rules of Construction
The consensus of the Commission was to keep the language as proposed.
Section 13.02—Procedures for Adoption of Amendment to Charter
The consensus of the Commission was to keep the language as proposed.
Section 13.03—Amendment of Charter
The consensus of the Commission was to keep the language as proposed.
Section 13.04—Charter Review Commission
The consensus of the Commission was to add, "a minimum of six (6) citizens of the
ity..
Section 13.05—Administrative Amendment
The consensus of the Commission was to change the caption of this Section to,
"Administrative Reformatting".
• Section 13.06—Separability of Portions of Charter
The consensus of the Commission was to remove this section.
There was discussion by all regarding the time frame and future actions to be taken by the
Commission and the City Council.
Secretary Ritter stated he would provide the complete draft of the proposed Charter to the
Commission as soon as possible.
3. Assignment for Next Meeting
The next meeting is scheduled for Wednesday, October 3, 2012 for the Commission to
continue reviewing the Charter.
Chairman Agan indicated he would not be present for the meeting so Vice Chairman
Ritter would preside.
The Commission will begin final review of the draft Charter for grammatical and
substantive agreement of the document.
City Manager Curtis Hawk is scheduled to be in attendance.
4. Public Comments
Beverly Williams—Councilmember Williams is looking forward to the joint workshop
• between the Charter Review Commission and the City Council.
5.Adjournment
Secretary Ritter motioned to adjourn.
Member Hill seconded.
Chairman Agan adjourned the meeting at 8:55 PM.
Jeff Ritter-Secretary Bill Agan-Chairman