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HomeMy WebLinkAboutCRC Minutes 1987-06-04 Regular CHARTER REVIEW COMMISSION JUNE 4 , 1987 MINUTES OF A MEETING OF THE FRIENDSWOOD CHARTER REVIEW COMMISSION THAT WAS HELDON JUNE 4 , 1987 AT CITY HALL AT 7 : 00 P .M. WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: CHAIRMAN BILL FUSS MEMBER DICK CONWAY MEMBER ED HARRIS MEMBER MAC .TAYLOR ABSENT FROM THE MEETING WAS HARRIETT CHANEY AND DELORIS MCKENZIE . **MOTION WAS MADE BY BILL FUSS TO APPROVE MINUTES OF FEBRUARY 17 , 1987 AS READ . SECONDED BY ED HARRIS . MOTION APPROVED UNANIMOUSLY. THE PROPOSED REVISION CHANGES FROM MAY 12 , 1987 TO THE HOME RULE CHARTER OF THE CITY WERE DISCUSSED AND THE FOLLOWING CHANGES WERE MADE BY THE COMMISSION: 1 . Section 401 .D - G2 ' - "Appoint , suspend or remove all or one of the director of departments . " This should follow in normal numerical sequence and not be put at end of proposed amendment to Charter . 2. Section 6 . 02 - #5 - Amendment #10 letter date 5/12/87- #5 read "No employee of the City. . . . . . . . . . .office .'" Strike this sentence in its entirety - voted and passed unanimously. 3 . Section 8 . 03 - Annual Budget Line 3 "practicable" Should be "practical . " 4 . Delete proposed Amendment #25 , Dated 5/ 12/87 . 5 . We discussed Section 3 . 10 , decided leave the same . CHAIRMAN FUSS STATED THAT HE WILL SUBMIT THE ABOVE CHANGES TO CITY COUNCIL AT THE NEXT MEETING. MOTION WAS MADE AND APPROVED TO ADJOURN . TO: Mayor and City Council FRO14: Charter Review Commission DATE: May 12, 1987 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 Section 3.02 of Article III of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows: "Section 3 .02 Qualifications "In addition to any other qualification prescribed by law, the Mayor and each Councilman shall comply with the conditions set forth in Section 6 . 02 hereof, while in office, and shall reside within the corporate boundaries of the City while in office. " Proposed Amendment No . 2 The first paragraph of Subsection C of Section 3.06 of Article III of the Charter of the. City of Friendswood, Texas , shall hereafter provide as follows : "Section 3 .06 Vacancies , Forfeiture , Filling of Vancancies "C . When a vacancy shall develop , the Council shall, within 30 days following such vacancy, call an election for the first available election date as provided by the Texas Election Code. " Proposed Amendment No . 3 Section 3 .09 of Article III of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 3 .09 Meetings of Council "The Council shall hold at least two regular meetings each month. All regular meetings of the Council shall be held at the City Hall of the City of Friendswood . The Council shall fix , by resolution, the days and times of the regular meetings . The Council may hold such special meetings as it deems necessary and annronriate _ which may ha called by the Mnvor nr Proposed Amendment No . 4 Section 3.10 of Article III of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 3 .10 Rules of Procedure "The Council shall, by resolution, determine its own rules and order of business and the rules shall provide that citizens of the City shall have a reasonable opportunity to be heard at any meeting in regard to any matter under consideration. The Council shall provide for minutes being taken and recorded of all meetings , and such minutes shall be a public record . Voting , except on procedural motions , shall be by roll call if requested by the Mayor or any Councilman, and the ayes and nays shall be recorded in the minutes . Four Council members shall constitute a quorum for the purpose of transaction of business and no action of the Council , except as provided in Section 3 . 06 above , shall be valid or binding unless adopted by the affirmative vote of four or more members of the Council . " Proposed Amendment No . 5 The third paragraph of Subsection B of Section 3. 11 of Article III of the Charter of the City of Friendswood , Texas , shall hereafter provide as follows : "Section 3. 11 Ordinances in General "B. . . "A proposed ordinance, except those with specific adoption procedures as set forth below, shall be read at two regular Council meetings , with at least two weeks lapsing between readings . A proposed ordinance may be amended on first reading , however, 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 procedure for adoption of an emergency ordinance shall be in accordance with Section 3 .12 hereof, a budget/tax ordinance with Section 8.03 hereof, an ordinance relative to street development and improvement with Section 2 .05 hereof , and ordinances relative to borrowing for capital improvements with Section 8. 05 hereof . " Proposed Amendment No . 6 Subsection D of Section 3 . 11 of Article III of the Charter of the City of Friendswood , Texas , shall hereafter provide as follows : "Section 3. 11 Ordinances in General of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 4.01 City Manager "E. Acting City Manager : The City Manager shall designate, by letter filed with the City Secretary, a qualified administrative officer of the City to perform the duties of City Manager in his or her absence . In the event of long term disability, resignation, or termination of the City Manager, the Council shall appoint an acting City Manager for the duration of any such disability, or until appointment of a permanent City Manager. No member of the City Council shall serve as Acting City Manager. " Proposed Amendment No . 8 "Subsection E of Section 4.06 of Article IV of the Charter of the City of Friendswood , Texas , shall hereafter provide as follows : "Section 4.06 Personnel System "E. Personnel Pules : The City Manager shall prepare personnel policies . The Council shall adopt such policies with or without amendment . The personnel policies shall be reviewed on a regular basis . PROPOSED AMENDMENT NO. 9 Subsection B of Section 6.01 of Article VI of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 6 .01 City Elections "B. Special Elections . The Council shall provide for the holding of such special elections as may be required by law or this Charter, or for such other purposes as may be deemed necessary or appropriate by the Council . Proposed Amendment No . 10 Section 6 .02 of Article VI of the Charter of the City of Friendswood , Texas shall hereafter provide as follows : "Section 6 . 02 Filing for office "A. Eligibility To File . Each candidate for an elective city office shall meet the following qualifications : 1 . Shall have resided for at least twelve for an effective date of such resignation of not later than the day immediately preceeding the day of such election. 4. No candidate may file for more than one office or position number per election. 5 . No employee of the City shall continue in such position after becoming a candidate for an elective office. PROPOSED AMENDMENT NO. 11 Section 6 .03 of Article VI of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 6 .03 Ballots The ballots for all elections held by the City shall conform with the provisions of the Texas Election Code . PROPOSED AMENDMENT NO. 12 Subsection C of Section 6.04 of Article VI of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 6 .04 Canvassing and Election Results "C. Run-Off Election. In the event no candidate for an elective office receives a majority of the votes cast for that position in the regular or special election or there is a tie for first place, a run-off election shall be held among the candidates who received the greatest number of votes for the first two places . Such run-off election shall be held not earlier than the 20th day or later than the 30th day after the date the final canvass of the main election is completed . PROPOSED AMENDMENT NO. 13 Section 7.01 of Article VII of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 7 .01 Division of Tax Administration "There is hereby established a Department of Taxation. The head of the Department of Taxation shall be the City Tax Collector. The City Tax Collector shall collect, or cause the collection of, all taxes due and owing to the City. PROPOSED AMENDMENT NO. 14 Section 7. 03 of Article VII of the Charter of the City of Friendswood, Texas , which Section 7 .03 provides for the assessment of property for tax purposes , shall be deleted in PROPOSED AMENDMENT NO. 16 Section 7.05 of Article VII of the Charter of the City of Friendswood, Texas , which Section 7 .05 provides for the adoption of an ad valorem tax and the payment thereof, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 17 Section 7 .06 of Article VII of the Charter of the City of Friendswood, Texas , which Section 7 .06 provides for the creation of tax liens and liability for the payment of ad valorem taxes , shall be deleted in its entirety. PROPOSED AMENDMENT NO. 18 Section 7.07 of Article VII of the Charter of the City of Friendswood, Texas , which Section 7 .07 provides for assessment and collection of ad valorem taxes for properties having divided ownerships , shall be deleted in its entirety. PROPOSED AMENDMENT NO. 19 Section 7 .09 of Article VII of the Charter of the City of Friendswood, Texas , which Section 7 .09 provides restrictions on the discount, compromise, and waiver of ad valorem taxes and penalty and interest thereon, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 20 Section 7 .10 of Article VII of the Charter of the City of Friendswood, Texas , which section 7 .10 provides for the adoption of rules , regulations , and procedures to enforce the collection of ad valorem taxes , shall be deleted in its entirety. PROPOSED AMENDMENT NO. 21 Paragraph 2 of Subsection C of Section 8 .03 of Article VIII of the Charter of the City of Friendswood, Texas , shall bPVPAfYar nrmriHP AR fnllnWR ! PROPOSED AMENDMENT NO. 22 Subsection E of Section 8. 03 of Article VIII of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 8.03 Annual Budget "E. Adoption: The Council shall adopt its annual budget by ordinance, on one reading , by the 15th day of September or as soon thereafter as practicable . Adoption of the budget shall require an affirmative rate of at least a majority of all members of the Council . Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated . PROPOSED AMENDMENT NO. 23 Subsection F of Section 8.03 of Article VIII of the Charter of the City of Friendswood, Texas , which Subsection F provides procedures in the event of failure to adopt an annual budget by September 15th, shall be deleted in its entirety. PROPOSED AMENDMENT NO. 24 Section 9.09 of Article IX of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 9.09 Regulation of Rates . "The Council shall have full power to regulate the rates , charges , and fares of every public utility franchise holder operating within the corporate boundaries of the City except as specifically limited by state or federal law. No increase in any rate, charge, or fare of any public utility franchise shall be granted by the Council until after a public hearing thereon, at which hearing the franchise holder and any interested citizen shall be entitled to present evidence regarding such proposed increase. PROPOSED AMENDMENT NO. 25 Section 11 .03 of Article XI of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 11 .03 Personal Financial Interest . "No officer or employee of the City shall participate in any deliberation, vote, or decision on any proposed contract with the City if such officer or employee has a financial interest, direct or indirect, in such proposed contract . nFPinmr nr cmnlnvao of Hia City shall nartirinntP "No person related within the second degree by affinity, or within the third degree by consanguinity to any elected officer of the City, \ or to the City Manager, . shall be appointed to any office , position or clerkship or other service of the City, but this prohibition shall not apply to officers or employees who have been continuously employed by the City for not less than one (1) year prior to the election or appointment of the officer related in the prohibited degree . Proposed Amendment No . 27 Section 11 .09B of Article XI of the Charter of the City of Friendswood, Texas , shall hereafter provide as follows : "Section 11.09 "B . Action By The Council : "The Council shall receive and have published in the designated official public newspaper of the City the Final Report of the Charter Review Commission; shall consider any recommendations made, and if any amendments be presented as part of such report, may order such amendment, or amendments to be submitted to the voters of the City in accordance with Chapter 13, Title 28, Texas Revised Civil Statutes , as amended. , PROPOSED AMENDMENT NO. 28 The Home Rule Charter of the City of Friendswood, Texas , shall hereafter be amended to remove references to office holders by sex or gender.