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Home My WebLink AboutCRC Minutes 1996-07-18 Regular STATE OF TEXAS ) ( CITY OF FRIENDSWOOD )( j COUNTIES OF GALVESTON/HARRIS )( JULY 18, 1996 MINUTES OF THE CHARTER REVIEW COMMISSION MEETING THAT WAS HELD ON THURSDAY, JULY 18, 1996 AT 7:00 P.M. AT FRIENDSWOOD CITY HALL, SECOND FLOOR CONFERENCE ROOM, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: CHAIRMAN STEVE HUFFMAN VICE-CHAIRMAN PAUL JURY BLAISE GUZZETTA LYNDA HARRIS TED LOW ED DRISKILL STAFF RON COX, CITY MANAGER (ARRIVED AT 7:50 P.M. ) KATHLEEN SENG, DEPUTY CLERK ABSENT FROM THE MEETING WAS FLORENCE CRAWFORD. CHAIRMAN HUFFMAN CALLED THE MEETING TO ORDER AT 7:10 P.M. **A MOTION WAS MADE BY BLAISE GUZZETTA TO APPROVE THE MINUTES OF JULY 10, 1996. SECONDED-BY LYNDA HARRIS. THE MOTION WAS APPROVED UNANIMOUSLY. CHAIRMAN HUFFMAN SUGGESTED THAT THE COMMISSION GO THROUGH THE REVISIONS THAT' WERE SUBMITTED BY CITY ATTORNEY JOHN OLSON. DISCUSSION WAS HELD REGARDING THESE REVISIONS RELATING TO SECTIONS 2.03, , 2.05, 2.06, 3.01, 3.09, 3.12, 4.06, 5.04, 5.06, 6.02, 6.04, 7.02, 8.05, ' (CITY MANAGER COX ARRIVED AT THIS TIME), 8.07, 9.03, 9.07, 9.10, 10.01, ARTICLE X, SEC. 11.01, 11.09, AND 11.10. FOLLOWING THE DISCUSSION OF THESE SECTIONS, VOTING BY THE COMMISSION TOOK PLACE REGARDING THE PROPOSED AMENDMENTS TO THE CHARTER OF THE •CITY OF FRIENDSWOOD. **BLAISE GUZZETTA MOVED TO APPROVE PROPOSED AMENDMENT NO. 1 REGARDING THE SECOND SENTENCE OF SECTION 2.03 OF ARTICLE II OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, WHICH PROVIDES THAT THE CITY EXERCISE THE POWER OF; EMINENT DOMAIN BY THE LAWS GOVERNING THE CONDEMNATION OF PROPERTY BY' RAILROAD CORPORATIONS, SHALL BE DELETED IN ITS ENTIRETY. SECONDED BY ED DRISKILL. THE MOTION PASSED UNANIMOUSLY. **ED DRISKILL MOVED TO APPROVE PROPOSED AMENDMENT NO. 2 REGARDING THE THIRD PARAGRAPH OF SECTION 2.50 OF ARTICLE II OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, WHICH PROVIDES PROCEDURES FOR THE ADOPTION OF STREET; DEVELOPMENT AND IMPROVEMENT ORDINANCES, SHALL BE DELETED IN ITS ENTIRETY. SECONDED BY BLAISE GUZZETTA. THE MOTION PASSED UNANIMOUSLY. **LYNDA HARRIS MOVED TO APPROVE PROPOSED AMENDMENT NO. 3 REGARDING SECTION 2.06 OF ARTICLE II OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALL CHA96718/KSS03 1v BE AMENDED TO PROVIDE THAT THE PERIOD OF TIME FOR WHICH A NOTICE OF CLAIM SHALL BE GIVEN FOR DAMAGES FOR PERSONAL INJURY OR DEATH, OR DESTRUCTION OF PROPERTY, SHALL BE NINETY (90) DAYS. SECONDED BY PAUL JURY. THE MOTION PASSED UNANIMOUSLY. **TED LOW MOVED TO APPROVE PROPOSED AMENDMENT NO. 4 REGARDING SUBPARAGRAPHI (b) OF THE THIRD PARAGRAPH OF SECTION 3.01 OF ARTICLE III OF THE CHARTER OFI THE CITY OF FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS: "(b) FOR, THE OFFICE OF MAYOR, AND THE OFFICE OF COUNCILMEMBER, POSITIONS NUMBER 1 ANDI 3, THE ELECTION FOR THE INITIAL THREE-YEAR TERM SHALL BE THE GENERALI ELECTION HELD IN 1994." I SECONDED BY BLAISE GUZZETTA. THE MOTION PASSED UNANIMOUSLY. **PAUL JURY MOVED TO APPROVE PROPOSED AMENDMENT NO. 5 REGARDING THE THIRD; PARAGRAPH OF SECTION 3.09 OF ARTICLE III OF THE CHARTER OF THE- CITY OF; FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS; "MEETINGS OF COUNCIL' - ALL MEETINGS OF THE COUNCIL SHALL BE HELD IN ACCORDANCE WITH APPLICABLE OPEN MEETINGS LAWS." SECONDED BY LYNDA HARRIS. THE MOTION PASSED UNANIMOUSLY. **ED DRISKILL MOVED TO APPROVE PROPOSED AMENDMENT NO. 6 REGARDING SECTION, 3.12 OF ARTICLE III OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALLI HEREAFTER PROVIDE AS FOLLOWS: "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 DESCRIBING THE NATURE OF THE EMERGENCY. AN EMERGENCY ORDINANCE MAY NOT BE ADOPTED UNLESS NECESSARY TO PREVENT OR MITIGATE AN IMMINENT THREAT TO PUBLIC HEALTH OR SAFETY. THE AFFIRMATIVE VOTE OF FOUR (4) COUNCILMEMBERS SHALL BE REQUIRED FOR ADOPTION OF AN EMERGENCY ORDINANCE." SECONDED BY PAUL JURY. THE MOTION PASSED UNANIMOUSLY. **TED LOW MOVED TO APPROVE PROPOSED AMENDMENT NO. 7 REGARDING THE FIRST AND SECOND SENTENCES OF SUBSECTION (c) OF SECTION 4.06 OF ARTICLE IV OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS: "(c) PROHIBITED ACTS: NO PERSON EMPLOYED IN THE ADMINISTRATIVE SERVICE OF THE CITY, OR WHO SEEKS APPOINTMENT THERETO, SHALL BE APPOINTED, PROMOTED, REDUCED, REMOVED, OR IN ANY WAY FAVORED OR DISCRIMINATED AGAINST BECAUSE OF HIS/HER RACE, COLOR, NATIONAL ORIGIN, AGE, DISABILITY, VETERAN STATUS, SEX, POLITICAL OR RELIGIOUS OPINION, OR AFFILIATION, OR MEMBERSHIP OR NON-MEMBERSHIP IN EMPLOYEE ORGANIZATIONS. EXCEPT TO THE EXTENT AUTHORIZED BY STATE OR FEDERAL LAW IN CONFLICT HEREWITH, NO APPOINTIVE OFFICER OR EMPLOYEE OF THE CITY SHALL MAKE A CONTRIBUTION TO THE CAMPAIGN; FUND OF ANY PERSON SEEKING ELECTION TO A CITY OFFICE OR TO ANY POLITICAL PARTY SUPPORTING A CANDIDATE FOR ELECTION TO A CITY OFFICE, NOR SHALL HE/SHE- BE SOLICITED FOR THIS PURPOSE, BUT HIS/HER RIGHT TO EXPRESS AN OPINION OR TO CAST A VOTE AS A CITIZEN SHALL NOT BE LIMITED. . . ." SECONDED BY LINDA HARRIS. THE MOTION PASSED UNANIMOUSLY. **PAUL JURY MOVED TO APPROVE PROPOSED AMENDMENT NO. 8 REGARDING THE FIRST SENTENCE OF THE SECOND PARAGRAPH OF SUBSECTION (e) OF SECTION 5.04 OF ARTICLE V OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS: "(e) INSUFFICIENT PETITION, AMENDING: WITHIN FIVE (5) WORKING DAYS AFTER AN AMENDED PETITION IS FILED, THE CITY SECRETARY SHALL CHA96718/KSS03 COMPLETE A CERTIFICATE AS TO THE SUFFICIENCY OF THE PETITION AS AMENDED AND SHALL WITHIN TWENTY-FOUR (24) HOURS SEND A COPY OF SUCH CERTIFICATE TO THE ! PETITIONERS' COMMITTEE BY CERTIFIED MAIL AS IN THE CASE OF AN ORIGINAL PETITION. . ." SECONDED BY ED DRISKILL. THE MOTION PASSED UNANIMOUSLY. **LYNDA HARRIS MOVED TO APPROVE PROPOSED AMENDMENT NO. 9 REGARDING PARAGRAPH ! (3) OF SUBSECTION (a) AND THE FIRST PARAGRAPH OF SUBSECTION (b) ,OF SECTION , 5.06 OF ARTICLE V OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS: "(3) CALL AN ELECTION ON THE PROPOSED ORj REFERRED ORDINANCE, SAID ELECTION TO BE HELD ON THE FIRST UNIFORM ELECTION DATE FALLING FORTY-FIVE (45) DAYS OR MORE AFTER SUCH DETERMINATION BYj COUNCIL." "(b) SUBMISSION TO VOTERS: THE VOTE OF THE CITY ON A PROPOSED OR REFERRED ORDINANCE SHALL BE HELD AT A SPECIAL ELECTION CALLED FOR SUCH ! PURPOSE IN ACCORDANCE WITH (a)(3) ABOVE." SECONDED BY ED DRISKILL. THE MOTION PASSED UNANIMOUSLY. **PAUL JURY MOVED TO APPROVE PROPOSED AMENDMENT NO. 10 REGARDING PARAGRAPH (7) OF SUBSECTION (a) OF SECTION 6.02 OF ARTICLE VI OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS: 11(7) NO EMPLOYEE OR PERSON HOLDING A CITY APPOINTIVE OFFICE OF EMOLUMENT SHALL CONTINUE IN SUCH POSITION AFTER BECOMING A CANDIDATE FOR AN ELECTIVE OFFICE." SECONDED BY BLAISE GUZZETTA. THE MOTION PASSED UNANIMOUSLY. **PAUL JURY MOVED TO TABLE PROPOSED AMENDMENT NO. 11 REGARDING THE LAST SENTENCE OF SUBSECTION (b) OF SECTION 6.02 OF ARTICLE VI OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS: "(b) PROCEDURE AND SCHEDULE FOR FILING": ". . . .THE SIGNED PETITION SHALL BE FILED WITH THE CITY SECRETARY NOT EARLIER THAN NINETY (90) DAYS OR LATER THAN THE , NORMAL POSTED CLOSE OF BUSINESS FOR THE OFFICE OF THE CITY SECRETARY ON THEI LAST DAY FOR WHICH APPLICATIONS FOR CANDIDACY MAY BE FILED UNDER PROVISIONS OF THE TEXAS ELECTION CODE" UNTIL RECEIVING AN OPINION FROM CITY ATTORNEY ATTORNEY .JOHN OLSON. SECONDED BY ED DRISKILL. THE MOTION PASSED UNANIMOUSLY. **ED DRISKILL MOVED TO APPROVE PROPOSED AMENDMENT N0. 12 REGARDING THE FIRST SENTENCE OF SUBSECTION (a) OF SECTION 6.04 OF ARTICLE VI OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS: "(a) CANVASSING: THE RETURNS OF EVERY MUNICIPAL ELECTION SHALL BE DELIVERED FROM THE ELECTION JUDGES TO THE CITY SECRETARY AT CITY HALL NOT LATER THAN THREE (3) HOURS AFTER THE CLOSING OF THE POLLS, OR AS SOON THEREAFTER AS IS REASONABLY PRACTICABLE. . ." SECONDED BY BLAISE GUZETTA. THE MOTION PASSED UNANIMOUSLY. **TED LOW MOVED TO REMOVE PROPOSED AMENDMENT NO. 13, REGARDING SECTION 7.02 OF ARTICLE VII OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS: "POWER TO TAX - THE COUNCIL OF THE CITY SHALL HAVE THE POWER, AND IS HEREBY AUTHORIZED TO LEVY, ASSESS, AND COLLECT, ANNUAL AD VALOREM TAXES AT RATES NOT EXCEEDING LIMITS ESTABLISHED BY THE CONSTITUTION OR LAWS OF THE STATE OF TEXAS, AS THEY NOW EXIST OR AS THEY MAY BE AMENDED, ON ALL PROPERTY HAVING A SITUS WITHIN THE CORPORATE LIMITS OF THE CITY, AND NOT EXEMPT FROM TAXATION BY THE CONSTITUTION OF LAWS OF THE STATE OF TEXAS." SECONDED BY PAUL JURY. THE MOTION PASSED UNANIMOUSLY. CHA96718/KSS03 **ED DRISKILL MOVED TO APPROVE PROPOSED AMENDMENT NO. 14 WITH THE DELETION, OF THE WORD "INCLUDING" IN THE SECOND SENTENCE SUBSTITUTING THE WORDSi, "LIMITED TO" REGARDING SECTION 8.05 OF ARTICLE VIII OF THE CHARTER OF THEE CITY OF FRIENDSWOOD, TEXAS, SHALL HAVE ADDED THERETO A NEW SUBSECTION (f)i SHALL HEREAFTER PROVIDE AS FOLLOWS: "(f) ELECTIONS TO AUTHORIZE DEBT; NOT WITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS SECTION 8.05 TO THE CONTRARY, THE COUNCIL SHALL BE PROHIBITED FROM INCURRING DEBT NOT PAYABLE' FROM THEN CURRENT REVENUES UNLESS A PROPOSITION THEREFOR HAS BEEN APPROVED BY THE VOTERS AT A SPECIAL ELECTION HELD FOR SUCH PURPOSES; PROVIDED, HOWEVER, EXCEPT WHERE OTHERWISE REQUIRED BY LAW, NO ELECTION SHALL BE REQUIRED, IF ANY SUCH DEBT IS INCURRED FOR THE PURPOSE OF CONSTRUCTING: CAPITAL IMPROVEMENTS OR ACQUIRING EQUIPMENT OR FACILITIES NECESSARY TO- PROVIDE ESSENTIAL GOVERNMENTAL SERVICES. FOR THE PURPOSES HEREOF, ESSENTIAL' GOVERNMENTAL SERVICES SHALL MEAN THOSE SERVICES WHICH PRESERVE OR PROTECT' PUBLIC HEALTH AND SAFETY, LIMITED TO POLICE, FIREFIGHTING, EMERGENCY MEDICAL, POTABLE WATER, SANITARY SEWAGE, SOLID WASTE DISPOSAL, SURFACE WATER DRAINAGE, AND MAINTENANCE OF A NETWORK OF STREETS AND SIDEWALKS." SECONDED BY PAUL JURY. THE MOTION PASSED UNANIMOUSLY. **TED LOW MOVED TO APPROVE PROPOSED AMENDMENT NO. 15 REGARDING SUBSECTION (b) OF SECTION 8.07 OF ARTICLE VIII OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS: "(b) FINANCIAL REPORTS: THE MANAGER SHALL SUBMIT TO THE COUNCIL, AT SUCH TIMES AS MAY BE DIRECTED BY THE COUNCIL, REPORTS DETAILING THE FINANCIAL CONDITION OF THE' CITY BY BUDGET AMOUNT VERSUS FISCAL YEAR TO DATE AMOUNT. THE FINANCIAL' RECORDS OF THE CITY SHALL BE MAINTAINED IN CONFORMITY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, AS PRESCRIBED BY THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD." SECONDED BY BLAISE GUZZETTA. THE MOTION PASSED UNANIMOUSLY. **PAUL JURY MOVED TO APPROVE PROPOSED AMENDMENT NO. 16 REGARDING THE FIRST SENTENCE OF SECTION 9.03 OF ARTICLE IX OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS-FOLLOWS: "ORDINANCE GRANTING FRANCHISE." "EVERY ORDINANCE GRANTING, RENEWING, EXTENDING, OR AMENDING A PUBLIC UTILITY FRANCHISE SHALL BE READ AT (2) REGULAR MEETINGS OF THE COUNCIL. . ." SECONDED BY LYNDA HARRIS. THE MOTION FAILED 1-5 WITH LYNDA HARRIS, BLAISE GUZZETTA, STEVE HUFFMAN, TED LOW, AND ED DRISKILL OPPOSED. **PAUL JURY MOVED TO APPROVE PROPOSED AMENDMENT NO. 17 REGARDING PARAGRAPH (d) OF SECTION 9.07 OF ARTICLE IX OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS: "(d) TO PRESCRIBE THE FORM OFi ACCOUNTS KEPT BY EACH UTILITY." SECONDED BY BLAISE GUZZETTA. THE MOTION PASSED UNANIMOUSLY, **BLAISE GUZZETTA MOVED TO APPROVE PROPOSED AMENDMENT NO. 18 REGARDING SUBSECTION (b) OF SECTION 9.10 OF ARTICLE IX OF THE CHARTER OF THE CITY ,0F1 FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS: "(b) ANY PUBLIC; SERVICE CORPORATION, PARTNERSHIP, OR PROPRIETORSHIP WHO SHALL FOR A 30-DAY PERIOD WILLFULLY REFUSE OR FAIL TO REPORT IN THE MANNER PROVIDED BY THIS CHARTER SHALL FORFEIT AND PAY TO THE CITY THE SUM OF $1,000 PER DAY FOR EACH AND EVERY DAY DURING WHICH IT SHALL CONTINUE IN DEFAULT; OR, IF ANY SUCH ENTERPRISE SHALL FILE ANY REPORT, KNOWING THAT THE SAME DOES NOT TRULY REPORT THE FACTS ABOUT THE MATTERS MENTIONED HEREIN, IT SHALL FORFEIT AND CHA96718/KSS03 C r PAY TO THE CITY THE SUM OF $5,000 FOR EACH SUCH WILLFULLY FALSE REPORT AND , SHALL BE LIABLE FOR SUBMITTAL OR A CORRECTED REPORT WITHIN TWO WEEKS FROM NOTIFICATION BY THE CITY OF ANY ERRORS UNDER THE SAME PENALTY PROVISIONS AS; THE ORIGINAL REPORT." SECONDED BY LYNDA HARRIS. THE MOTION PASSED UNANIMOUSLY. **ED DRISKILL MOVED TO APPROVE PROPOSED AMENDMENT NO. 19 REGARDING ARTICLE X: OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, WHICH ARTICLE X CONTAINS TRANSITIONAL PROVISIONS APPLICABLE TO THE PERIOD FOLLOWING ADOPTION OF THE ORIGINAL CHARTER, SHALL BE DELETED IN ITS ENTIRETY. SECONDED BY TED LOW. THE MOTION PASSED UNANIMOUSLY. MAYOR NEWMAN AND COUNCILMEMBERS ERICSSON AND AUSTIN ARRIVED AT THIS TIME. **PAUL JURY 'MOVED TO APPROVE PROPOSED AMENDMENT NO. 20 REGARDING SECTION 11.01 OF ARTICLE XI OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS SHALL HEREAFTER PROVIDE AS FOLLOWS: "PUBLIC RECORDS" "ALL PUBLIC RECORDS OF THE CITY SHALL BE MAINTAINED AND AVAILABLE FOR PUBLIC INSPECTION AS PROVIDED BY APPLICABLE STATE AND FEDERAL OPEN RECORDS LAWS." SECONDED BY BLAISE GUZZETTA. THE MOTION PASSED UNANIMOUSLY. **ED DRISKILL MOVED TO APPROVE PROPOSED AMENDMENT NO. 21 REGARDING THEi INTRODUCTORY PARAGRAPH OF SECTION 11.09 OF ARTICLE XI OF THE CHARTER OF THE CITY OF FRIENDSWOOD, TEXAS, SHALL HEREAFTER PROVIDE AS FOLLOWS: "THEI COUNCIL SHALL APPOINT AT ITS FIRST REGULAR MEETING IN JULY OF EVERY FIFTH YEAR AFTER APPROVAL OF THIS CHARTER, A CHARTER REVIEW COMMISSION COMPOSED OF SEVEN (7) CITIZENS OF THE CITY OF FRIENDSWOOD. THE CITY SECRETARY SHALL CAUSE WRITTEN NOTICE OF APPOINTMENT TO BE DELIVERED TO EACH PERSON APPOINTED TO A CHARTER REVIEW COMMISSION WITHIN FIVE (5) WORKING DAYS FOLLOWING SUCH APPOINTMENT BY THE COUNCIL. SECONDED BY BLAISE GUZZETTA. THE MOTION PASSED UNANIMOUSLY. DISCUSSION FOLLOWED AS TO THE -SCHEDULING OF THE NEXT MEETING TO BE HELD JULY 25, 1996 AND THE SECOND PUBLIC HEARING TO BE HELD ON AUGUST 13, 1996, WITH THE FINAL MEETING OF THE COMMISSION TO BE HELD ON AUGUST 15, 1996. A MOTION WAS MADE TO ADJOURN AT 9:05 P.M. KATHLEEN SFNG DEPUTY CLERK CHA96718/KSS03