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1991 12 09 Charter-memo
DEEP- 1 :;4 - D 1 T H 1 =i : 1 6 O L S O N C. O L. O N ME oBeouM TO: Mayor and city Council FROM: Charter Review Commission DATE: December 9, 1991 P _ E 2 DEC 1991 c:ryREC fIVEo ✓ CIrySfCR s oor SUBJECT: Proposed Revisions Co the Home Rule Charter of the City of Friendswood The Charter Review Commission hereby submits its report of recommended amendments to the city's Home Rule Charter. Such proposed amendments are as follows: Prnnosed Amendment Ho 1 Subsection (b) of Section 3.11 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: i "Deco 3.11. Ordinances in general. "(b) Procedure: Any member of council may offer any ordinance in writing that he/she desires after it has been approved by the city attorney as to form and has been placed on the agenda of a regular council meeting. Copies of the proposed ordinance, in the form required for adoption, shall be furnished to members of council a minimum of one week before adoption. Copies of the proposed ordinance, in the form required for adoption, shall be posted at the city hall and at least one other public place as shall be designated by ordinance and shall be furnished to citizens, upon request to the city secretary, beginning one week before adoption and, if amended, shall be posted and furnished in the amended form beginning one week prior to the next reading and for as long as the proposed ordinance is before council. If an amendment is made to the proposed ordinance at the time designated for final reading, the final reading shall be postponed until the next regular council meeting. "The city attorney shall review all proposed ordinances prior to adoption and shall make any suggestions and/or objections to the said ordinance in writing to the city council. "A proposed ordinance shall be read at two (2) regular council meetings, with at least two (2) weeks lapsing between readings. However, the requirement of reading an ordinance at two (2) regular council meetings with at least two (2) weeks lapsing between To E li — 1 <- — =' 1 lH 1 t � = 1 y Q L readings shall not apply to ordinances relating to the adoption or amendment of a budget, the assessment, levy, or collection of taxes, the calling of an election, or the canvassing of the returns and declaration of results of an election, the incurring of indebtedness, including, specifically, the issuance or sale of bonds or certificates of obligation, the development or improvement of a street, or an emergency if so declared by council. An ordinance requiring two (2) readings shall be deemed rejected if consideration on second reading is not obtained within ninety (90) days of the date approval on first reading is obtained," Proposed Amendment No. 2 Section 3.12 of Article III of the Charter of trie City of Friendswood, Texas, shall hereafter provide as follows: "BeC. 3.12. Emergency ordinances. "To meet emergencies the council may adopt emergency ordinances. Such ordinances shall not grant, renew, or extend franchises, or regulate rates charged by a public utility. Each emergency ordinance shall contain a provision declaring the existence of an emergency. The affirmative vote of five (5) members elected to council shall be required for adoption." Section 4.02 of Articles IV of the charter of the City of Friendswood, TeXas, shall hereafter provide as follows: "Sea. 4.02. Municipal court* "(a) There shall be established and maintained a rourt, designated as a "municipal court" for the trial of misdemeanor offenses, with all such powers and duties as are now, or may hereafter be prescribed by laws of the State of Texas relative to municipal courts. "(b) The Judge of said court shall be appointed by council to serve for a term of two (2) years. The Judge shall receive such salary as may be fixed by council." "(e) The council may appoint such associate or alternate judges of said court as shall be deemed neoessary and appropriate by said council. Associate or alternate judges shall be appointed for terms and shall possess the same qualifications as are required for the regular judge of said court. •-2- "(d) All costs and fines imposed by the municipal court shall be paid into the city treasury for the use and benefit of the city." .. •. ."_� Paragraph (3) of Subsection (a) of Section 6.02 of Article VI of the Charter of the City of Friendswood, Texas, which paragraph (3) provides that persons in arrears in the payment of taxes or other liabilities due the City shall not be qualified to file for elective city office, shall be deleted in its entirety. Section ti.05 of Article VI of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "peG. 6.b5. Oath of Office. "EveYy officer Of the City, whether elected or appointed, before entering upon the duties of office, shall take and subscribe to the appropriate oath or affirmation to be filed and kept in the office of the city secretary." Article VII of the Charter of the City of Friendswood, Texas, which Article VII provides for tax administration, shall be deleted in.its entirety. Subsection (g) of Section 8.04 of Article VIII of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sea. 8.04. Amendments after adoption. "(g) Any ordinance relative to the adoption or amendment of a fiscal year budget may be passed at the meeting at which it is introduced." Proposed A ndment No 8 Section 9.09 of Article IX of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "qec. 9.09. Regulation of rates. "To the extent permitted by law, the council shall have full power to regulate the rates, charges, and -3- D•E'C— 1 2-9 1 T H U 1 O 1 Es GLS0H ex GLt ON fares of,each public utility franchise holder operating in the city." Proposed AmendMgnt,,NoO 9 subsection (a) of Section 11.09 of Article XI of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 11.09. charter review commission. "(d) Duties of the commission: "(1) Inquire into the operation of the city government under the charter provisions and determine whether any such provisions require revision. To this end public hearings may be held. "(2) Propose, if it deems desirable, amendments to this charter to improve the effective application of the charter to current conditions. "(3j Report it$ findings and present its proposed amendments, if any, to the council." Section 3.OL of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "8©0. 3.01. Number, solection, limitations. "The council shall be composed councilmembers. The mayor and all elected from the city at large, and occupy a position on council, such 1 through 6 consecutively. term, and term of a mayor and six (6) councilmembers shall be each councilmember shall positions being numbered "The mayor and councilmembers shall be elected to serve for throe -year terms as provided below, but no person shall be elected to serve in the capacity of councilmember for more than three (3) consecutive three-year terms, nor shall any person be elected to serve in the capacity of mayor for more than three (3) consecutive three-year terms. Provided, further, the term limitation set forth herein shall not be construed to prohibit any person from being elected for additional terms to any such position as councilmember or mayor following a break in service of one year or more. -4^ T H U 1 0 - 1 G 0 L. S G N .< G L. S G N �- - '�' '-• "The three^year terms of office of councilmembers and the mayor shall be staggered, with such three-year terms beginning as follows: '#(a) For the office of councilmember, position number 21 the election for the initial three-year term shall be the general election held in 1993; 11(b) For the offices of mayor and councilmember positions number 1 and 3, the election for the initial three-year term shall be the general election held in 1994; 11(c) For the offices of councilmember positions number 4 and 6, the election for the initial three-year term shall be the general election held in 1995; and "(d) For the office of councilmember, position number 5, the election for the initial three-year term shall be the general election held in 1996." •-5-