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HomeMy WebLinkAboutCharter Review Minutes 2001-12-20 STATE IF TEXAS CITY OF FRIENDSWOOD COUNTIES OF GALVESTON/HARRIS DECEMBER 20, 2001 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CHARTER REVIEW COMMISSION THAT WAS HELD THURSDAY, DECEMBER 20, 2001 AT 7:00 PM AT FRIENDSWOOD CITY HALL, FIRST FLOOD EXECUTIVE CONFERENCE ROOM, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: CHAIR STEVE HUFFMAN MEMBER HARLESS BENTHUL MEMBER LAURA EWING MEMBER CARL HILL MEMBER LARRY SEELIG CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Mr. Steve Huffman, Chair of the Charter Review Commission, called the meeting to order. "Member Carl Hill moved to approve the minutes of December 6, 2001. Seconded by Member Seelig. The motion was approved unanimously City Attorney presented a memorandum dated December 13, 2001 regarding revisions that are now numbered as Proposed Amendments. A copy of this memorandum is attached as a part of these minutes. The Charter Review Commission reviewed Proposed Amendments 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11. They are as follows. Proposed Amendment No. 1 Section 3.04— Reimbursement of Expenses/Compensation Members of the council shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties upon approval by the council. Members of council shall also be authorized to receive compensation for service, with the Mayor to receive not more than $1,200 per month, and council members to receive not more than $500 per month. Proposed Amendment No. 2 Subsection © of Section 3.06 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "© Filling Vacancies: When a vacancy shall develop, the council shall provide for the filling of such vacancy in the manner provided by law." Proposed Amendment No. 3 Subsection (d) of Section 3.06 of article III of the Charter of the City of Friendswood, Texas, which provides for temporary appointments by remaining members of council to fill vacancies if the membership of council is reduced to less than four, shall be deleted in its enti rety. Proposed Amendment No. 4 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 within the corporate limits of the cit. 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 appropriate, which may be called by the mayor or by four members of the council. In no event shall any meeting of the council, regular or special, be held in any facility or at any location which is not readily accessible to the general public." Proposed Amendment No. 5 Subsection © of Section 3.11 of Article III of the Charter of the City of Friendswood Texas, shall hereafter provide as follows: V Effective date: Every Ordinance shall become effective upon adoption, or at any later time specified in the ordinance, except that if an ordinance provides a penalty, fine or forfeiture for violation, no person shall be liable for any such penalty, find or forfeiture until the caption and the offense and penalty clauses of the ordinance has been published in the official city newspaper as required by law." Proposed Amendment No. 6 Section 3.17 of Article III of the Charter of the city of Friendswood, Texas, shall hereafter provide as follows: "Section 3.17 — Officers and employees protected from financial loss. Duly elected and appointed officers, and employees, shall be protected by the city from personal financial loss resulting from decisions made while in acting in their capacities as city officers or, as to employees, within the course and scope of their employment." Proposed Amendment No. 7 Subsection (b) of section 5.03 of Article V of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "(b) Form and content: all papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. For a petition signature to be valid, the petition must contain, in addition to the signature, the signer's printed name, date of birth, voter registration number, county of registration, residence address, and date of signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered." Proposed Amendment No. 8 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 Regular city elections shall be held annually on the first Saturday in May. The council shall specify the places for holding such elections. All city elections shall be held and conducted in accordance with all state and federal laws applicable thereto." Proposed Amendment No. 9 The first 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: Any qualified voter of the city may be nominated for an elective office by petition of not less than the greater of twenty five (25) or one-half of one percent (.50/,) of the total vote received in the city for the office of mayor in the most recent mayoral general election. Proposed Amendment No. 10 Section 6.04 of Article VI of the Charter of the City of Friendswood, Texas, which establishes procedures for the canvassing of elections and declaring the results thereof, shall be deleted in its entirety. Proposed Amendment No. 11 Subsection (a) of Section 8.03 of Article VII of the Charter of the city of Friendswood, Texas, shall hereafter provide as follows: Section 8.03 Annual Budget (a) Content: The budget shall provide a complete financial plan of all city funds and activities and, except as required by law or this Charter, shall be in such form as the manager deems desirable or the council may require. A budget message explaining the budget both in fiscal terms and in terms of the work programs shall be submitted with the budget. It shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues, with reasons for such changes. It shall also summarize the city's debt position and include such other material as the manager deems desirable. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, the proposed property tax levy, and all proposed expenditures for the ensuing fiscal year, including debt service, and an itemized estimate of the expense of conducting each department of the city. The proposed budget expenditures shall not exceed the total of estimated income. The budget shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year, compared to the estimate for the budgeted year. It shall also include in separate sections: (4) Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the city and the proposed method of its disposition, subsidiary budgets for each such utility giving detailed income and expenditure information shall be attached as appendices to the budget. (5)A capital program, which may be revised and extended each year to indicate capital improvements pending or in process of construction or acquisition, and shall include the following items which shall be attached as appendices to the budget: (a) A summary of proposed programs; (b) A list of all capital improvements which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; © Cost estimates, method of financing and recommended time schedules for each such improvement; and (d) The estimated annual cost of operating and maintaining the facilities to bed constructed or acquired. (6) Such other information as may be required by the council. **Member Laura Ewing moved to approve Proposed Amendment 11 as written on December 13, 2001. Seconded by Member Harless Benthul. The motion was approved unanimously. Proposed Amendment No. 12 Subsection (e) of Section 8.03 of Article VIII of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: (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 practical. If the council fails to adopt an annual budget before the start of the fiscal year to which it applies, appropriations of the last budget adopted shall be considered as adopted for the current fiscal year on a month to month, pro rata basis, until the annual budget is adopted. Adoption of the budget shall require an affirmative vote 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. **Member Harless Benthul moved to approve Proposed Amendment 12 as written on December 13, 2001. Seconded by Member Carl Hill. The motion was approved unanimously. Proposed Amendment No. 13 Subsection (f) of Section 8.05 of Article VIII of the Charter of the City of Friendswood, Texas, which required voter approval before Council is authorized to incur debt except when necessary due to emergencies or urgent public necessities, shall be deleted in its entirety. **Member Laura Ewing moved to approve Proposed Amendment 13 as written on December 13, 2001. Seconded by Member Carl Hill. The motion was approved unanimously. The members reviewed Proposed Amendment 14 and 15. Proposed Amendment No. 14 Section 9.11 of Article IX of the Charter of the City of Friendswood, Texas, which provides accounting standards for city owned or operated utilities, shall be deleted in its entirety. Proposed Amendment No. 15 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 member of the council or other officer or employee of the city shall have a pecuniary interest in any contract, the expense, price, or consideration of which is paid from the city treasury, or have a pecuniary interest in any matter or item requiring the approval or consent of the city, unless in compliance with applicable laws of the State of Texas governing conflicts of interest." Proposed Amendment No. 16 References to various state and federal laws contained in the Charter of the City of Friendswood, Texas, which are no longer accurate due to codification, rearrangement, or other reclassification, shall be amended to reflect the current citations to such laws. **Member Laura Ewing moved to approve Proposed Amendment 16 as written on December 13, 2001. Seconded by Member Carl Hill. The motion was approved unanimously. It was the consensus of the Charter Review Commission to present a report during the January 7, 2002 Council Meeting and to workshop the report with Council on January 14, 2002. A motion was made and approved to adjourn at 7:30. Deloris McKenzie, TRMC City Secretary STATE OF TEXAS CITY OF FRIENDSWOOD COUNTIES OF GALVESTON/HARRIS DECEMBER 6, 2001 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CHARTER REVIEW COMMISSION THAT WAS HELD THURSDAY, DECEMBER 6, 2001 AT 7:00 PM AT FRIENDSWOOD CITY HALL, FIRST FLOOR EXECUTIVE CONFERENCE ROOM, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: CHAIR STEVE HUFFMAN MEMBER HAIRLESS BENTHUL MEMBER LAURA EWING MEMBER CARL HILL MEMBER WAYNE FORD MEMBER DENNIS HOLT MEMBER LARRY SEELIG CITY ATTORNEY JOHN OLSON CITY SECRETARY DELORIS MCKENZIE Mr. Steve Huffman, Chair of the Charter Review Commission called the meeting to order. "Member Carl Hill moved to approve the minutes of November 28, 2001. Seconded by Member Larry Seelig. The motion was approved unanimously. City Attorney Olson presented a memorandum dated December 6, 2001 regarding revisions to Proposed Amendment No. 1 and Proposed Amendment No. 8-A. A copy of this memorandum is attached as a part of these minutes. "Member Laura Ewing moved to approve Proposed Amendment No. 1 regarding Sec. 3.04 — Reimbursement of Expenses/Compensation. "Members of the council shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties upon approval by the council. Members of council shall also be authorized to receive compensation for service, with the Mayor to receive not more than $1,200 per month, and council members to receive not more than $500 per month." Seconded by Member Harless Benthul. The motion was passed with Chair Steve Huffman and Member Carl Hill opposed. "Member Harless Benthul moved to approve Proposed Amendment No. 8-A regarding Sec. 6.02 - (b) Procedure and schedule for filing: "Any qualified voter of the city may be nominated for an elective office by petition of not less than the greater of twenty five (25) or one-half of one percent (.5%) of the total vote received in the city for the office of mayor in the most recent mayoral general election." Seconded by Member Carl Hill. The motion was approved unanimously. Discussion continued regarding Proposed Amendment 12 regarding Section 8. The Commission concurred not to do a total re-write of Article 8 — Financial Administration. Section 8-01 — Fiscal Year Section 8.02 — Budget Preparation and Adoption - Proposed changes approved.