R-2023-381 - 11/16/2023 RESOLUTION NO. R-2023-381
WHEREAS, pursuant to Section 14.12 of the Round Rock Home Rule Charter("Charter"), the
City Council appoints members to the Charter Review Commission every four years to review the Charter
and determine whether any provisions require revision; and
WHEREAS,the 2023 Charter Review Commission("Commission')held four(4)meetings and
discussed various issues and concerns regarding the Charter; and
WHEREAS, there has been presented to the City Council a copy of the final report from the
Commission; and
WHEREAS, the City Council wishes to acknowledge receipt of said report, Now Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the final report from the 2023 Charter Review Commission, as set forth in Exhibit "A",
attached hereto and incorporated herein for all purposes, is hereby received.
The City Council hereby finds and declares that written notice of the date,hour,place and subject
of the meeting at which this Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and the subject matter hereof were
discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,
Texas Government Code, as amended.
RESOLVED this 16th day of November, 2023.
CR O AN, Mayor
City of Rou Rock, Texas
ATTEST:
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MEAGAN KS, ity Clerk
0112.20232:4895-9811-8286
EXHIBIT
"A„
Mayor Councilmembers City Manager
Craig Morgan Michelle Ly Laurie Hadley
Rene Flores
Frank Ortega
�R(a)U�NtD�,ROCCK TEXA5 Mayor Fro-Tem Kristin Stevens City Attorney
Matthew Baker Hilda Montgomery Stephanie L. Sandre
October 24,2023
Mayor Craig Morgan
Mayor Pro Tem Matthew Baker
Councilmember Michelle Ly
Councilmember Rene Flores
Council Member Frank Ortega
Councilmember Kristin Stevens
Councilmember Hilda Montgomery
Re:Official Report of the 2023 Round Rock Charter Review Commission
Dear Mayor Morgan and Councilmembers:
As Chairman of the 2023 Charter Review Commission,I am pleased to provide you with a report of our
findings and recommendations for proposed amendments. The Official Report of the Commission is
enclosed herein. The report summarizes the recommended amendments and includes a"redlined"version
of the amendments,as well as arguments for and against each proposed amendment.
On behalf of each member of the Commission,I would like to express our appreciation for allowing us to
serve our community. It was both an honor and an educational experience.
Sincer ly,
Writ Baese,Chairman
Charter Review Commission
On behalf of the Commission Members:
Melissa Fleming,Vice Chairman
Will Peckham
Jessica Mosman
Shannon Probe
Kellie Schindel
Richard Parson
CITY OF ROUND ROCK 221 East Main Street,Round Rock,Texas 78664
(P)512.218 5401 .lFl 512 218.7097.round rocktexasgov
2023 Round Rock Charter Review Commission's
Official Report on its Findings
and
Proposed Charter Amendments
Presented to
the Mayor and Council
This report is being presented to the Mayor and Council pursuant to Section 14.12 of the
Round Rock Home Rule Charter.
The 2023 Round Rock Charter Review Commission ("Commission') held four (4)
meetings during which the Commission members discussed with staff and among themselves
various issues and concerns with the present Charter. At each meeting an opportunity was given
to citizens to address the Commission.
The Commission met and approved the following recommendations for amendments to the
Charter.
Recommendation No. 1
We recommend that Sec. 4.03(a)(b)(e)and(f)be amended to clarify municipal court proceedings;
the designation and requirements of municipal court judges;and the use of costs and fines imposed
by the municipal court.
Recommendation No. 2
We recommend that Sec. 12.04 be amended by deleting(3)to allow city staff to be delegated the
ability to approve, approve with conditions, or disapprove a plat as now permitted by Section
212.0065(a)of the Texas Local Government Code.
A"redlined"version of the above recommendations showing the current wording,as well
as the proposed wording of each section is attached hereto,along with required arguments for and
against each recommendation.
Dated this 24th day of October,2023.
Respectfully submitted,
2023 Round Rock Cbartcr Review Commission
-/! /-'A-7- - --
Writ Baese,Commission Chairman
Melissa Fleming,Vice Chairman,Place 3 Will Peckham, ommissioner, Place 1
,(0 w-vri
Je ca Mosman, Commissioner, Place 2 S on Probe,Commissioner, Place 4
Kellie Schindel,Commissioner, Place 5 Richard Parson, Commissioner, Place 6
RECOMMENDATION NO. 1:
TO AMEND SECTION 4.03(a)(b)(e) AND (1) TO CLARIFY MUNICIPAL COURT
PROCEEDINGS; THE DESIGNATION AND REQUIREMENTS OF MUNICIPAL
COURT JUDGES; AND THE USE OF COSTS AND FINES IMPOSED BY THE
MUNICIPAL COURT.
Sec. 4.03. - Municipal Court.
(a) There shall be established and maintained a court, designated as a "Municipal Court" for the trial of
misdemeanor offenses and civil proceedings, 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 presiding judge of said court shall be appointed by the City Council to serve at the discretion of
the City Council. The judge shall be an attorney licensed and practicing in the state of Texas and shall
receive such salary compensation as may be fixed by the City Council.
(c) There shall be a clerk of said court appointed by the City Manager.
(d) The clerk of said court and deputies shall have the power to administer oaths and affidavits, make
certificates, affix the seal of said court thereto, and generally do and perform any and all acts usual,
and necessary to be performed, by the clerks of courts, in issuing process of said courts, and
conducting the business thereof.
(e) The City Council shall have the power to create and appoint additional associate judges as provided
by law. Such associate judges shall be an attorney licensed and practicing in the state of Texas and
shall receive such compensation as may be fixed by the City Council
(f) All costs and fines imposed by the Municipal Court and not required to be paid to the state shall be
paid into the City Treasury for the use and benefit of the City, subject to the state laws on the use
thereof.
Ar,auments in favor of the proposed amendment:The current Charter language is vague and does
not distinguish between the presiding municipal courtjudge and the additional associate judges or
set forth the requirements for said associate judges. It also does not consider that a portion of the
costs and fines are required to go to the state in lieu of the City Treasury.
Arkuments in opposition of the proposed amendment: Elections are time consuming and
expensive. Current language has not caused a problem in the past.
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RECOMMENDATION NO. 2:
TO AMEND SECTION 12.04 BY DELETING (3) TO ALLOW CITY STAFF TO BE
DELEGATED THE ABILITY TO APPROVE, APPROVE WITH CONDITIONS, OR
DISAPPROVE A PLAT AS NOW PERMITTED BY SECTION 212.0065(a) OF THE
TEXAS LOCAL GOVERNMENT CODE.
Sec. 12.04. -Planning and Zoning Commission.
There shall be a City Planning and Zoning Commission which shall consist of nine(9)members
serving two(2)year terms which the City Council shall establish by ordinance.
The Commission shall have the power and be required to:
(1) be responsible to and act as an advisory body to the City Council;
(2) recommend to the City Council for its action an official zoning map and recommend any changes
to the map; and
(3) study plats and plans of epesed subd isier
Com' develepmenter&�ac , and
(4) perform such other functions as may be duly delegated to them from time to time by the City
Council or required by law.
Areuments in favor of the Proposed amendment. The current Charter language requires the
Planning and Zoning Commission to study plats and plans of proposed subdivision and insure that
all plats and plans conform to the City's ordinances. Prior to the passage of HB 3699 amending
Section 212.0065(a) of the Texas Local Government Code which became effective September 1,
2023,City staff could only be delegated by state law the ability to approve certain plat amendments
and certain minor plats or replats. HB 3699 expanded that delegation ability to the approval,
approval with conditions, or disapproval of a plat. The approval, approval with conditions, or
disapproval of a plat is a technical and administrative function that is most efficiently and
effectively accomplished by City staff. The process for plat review will be timelier for developers,
as developers will not have to wait for their plats to be placed on a Planning and Zoning
Commission agenda for action.
Areuments in opposition of the Proposed amendment: Elections are time consuming and
expensive. Current language has not caused a problem in the past.
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