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Home My WebLink About1991 11 14 Charter-memoM E M O R A N D U M TO: Mayor and City Council FROM: Charter Review Commission DATE: November 14, 1991 SUBJECT: Proposed Revisions to 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: Proposed Amendment No. 1 G The second paragraph of Subsection (c) of Section 3.06 of Artic III of the Charter of the City of Friendswood, Texas, shall he after provide as follows: 3.o�Vacancies, forfeiture, filling of vacancies. "(c)....Notwith nding the requirement in Section 3.10 that a quorum of t council consists of four (4) members, if at any time the mbership of the council is reduced to less that four (4), a remaining members may by majority action appoint addlltisnA 1 members to raise the membership to four (4). These ointees shall serve until the positions can be filled a e next regular or special city election." Proposed Amendment No. 2 tion 3.10 of Article III of the Charter of the City of Friendsw , Texas, shall hereafter provide as follows: "Sec. 3.10�Rules of procedure. "The council 11, by resolution, determine its own rules and order o usiness and the rules shall provide that citizens o the city shall have a reasonable opportunity to be rd at any meeting in regard to any matter under conside on. The council shall provide for minutes being taken recorded of all meetings, and such minutes shall be a public record. Voting, except on procedural motions, 11 be by roll call if requested by the mayor or any councilmember, and the ayes and nays shall be recor in the minutes. Four (4) councilmembers shal constitute a quorum for the purpose of transaction of business." Proposed Amendment No. 3A SuDg,tection (b) of Section 3.11 of Article III of the Charter of the C115Y of Friendswood, Texas, shall hereafter provide as follows: "sec. 3a\ ordinances in general. "(b) Proc ure: Any member of council may offer any ordinance i writing that he/she desires after it has been approve by the city attorney as to form and has been placed Xn the agenda of a regular council meeting. Copies o the proposed ordinance, in the form required for adoptio shall be furnished to members of council a minimum of a week before adoption. Copies of the proposed ordin ce, in the form required for adoption, shall be poste at the city hall and at least one other public place shall be designated by ordinance and shall be fu ished to citizens, upon request to the city secrets , beginning one week before adoption and, if amende shall be posted and furnished in the amended form be 'nning one week prior to the next reading and for as 1 g as the proposed ordinance is before council. "The city attorney shall review all proposed ordinances prior to adoption and shask1 make any suggestions and/or objections to the said rdinance in writing to the city council. "A proposed ordinance may be read at regular council meetings only. A proposed ordinance may be amended; however, if an amendment is made o the proposed ordinance on the date designated for ado tion, consideration of such amended ordinance for ad tion shall be postponed until the next regular c ncil meeting." Proposed Amendment No. 3B Subsection (b) of Section 3.11 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 3.11e 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 -2- 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 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. 3C Section 3.12 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 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." -3- Proposed Amendment No. 4 Subsection (b) of Section 4.02 of Article IV of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 4.02. Municipal court. "(b) The judge of said court shall be appointed by council to serve for a term of two (2) years. He/she shall be an attorney licensed and practicing in the State of Texas and shall receive such salary as may be fixed by council." Proposed Amendment No. 5 Paragraph (3) of Subsection (a) of Section 6.02 of Article VI of the Charter of the City of Friendswood, Texas, which nw 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. Proposed Amendment No. 6 Section 6.05 of Article VI of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "8ec. 6.05. Oath of office. "Every 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." Proposed Amendment No. 7 Article VII of the Charter of the City of Friendswood, Texas, which Article VII provides for tax administration, shall be deleted in its entirety. Proposed Amendment No. 8 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. "(q) Any ordinance relative to the adoption or amendment of a fiscal year budget may be passed at the meeting at which it is introduced." -4- Proposed Amendment No. 9 Section 9.09 of Article IX of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sac. 9.09. Regulation of rates. "To the extent permitted by law, the council shall have full power to regulate the rates, charges, and fares of each public utility franchise holder operating in the city." Proposed Amendment No. 10 Subsection (a) of Section 11.09 of Article XI of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sea. 11.09. Charter review commission. 11(a) 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. "(3) Report its findings and present its proposed amendments, if any; to the council." -5-