Minutes - Regular Meeting - 9/4/1991 September 4, 1991 1(0
The Round Rock Charter Review Commission met on Wednesday,
September 4, 1991 at 7: 00 p.m. in the City Council Chamber, 221 E.
Main Street.
ROLL CALL : Those members present were Chairman Tom Gill , Vice-
Chairman Roy Beard, Commissioners James Dunham, Jerry Van Hyfte, Diane
Shapiro, N.G. Whitlow and John Manbeck who arrived during Item 5.
Also present were Joanne Land, Assistant City Manager/City Secretary
and Steve Sheets, City Attorney.
APPROVAL OF MINUTES: August 21 , 1991
MOTION : Vice-Chairman Beard moved to approve the minutes as
submitted. Commissioner Dunham seconded the motion.
VOTE: Ayes: Commissioner Dunham
Commissioner Van Hyfte
Commissioner Shapiro
Commissioner Whitlow
Commissioner Beard
Commissioner Gill
Noes: None
Absent: Commissioner Manbeck
ACTION: The motion carried unanimously.
CITIZENS COMMUNICATIONS: None
CONSIDER DISCUSSION AND A GENERAL OVERVIEW OF THE CITY CHARTER.
In response to a Commissioner's question, from the last meeting,
• Sheets clarified there was not a Section 8. 05B in the original
Charter. It was simply a typographical error.
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September 4, 1991
• The Commission continued their review of the Charter beginning
with Article 6.
ARTICLE 6 - RECALL OF OFFICERS
In reponse to Commissioner Whitlow's question, Sheets said the
City had not experienced a recall . A petition was filed in 1978 but
Mayor Litton resigned before an election was held.
Section 6. 01 - Scope of Recall :
At the present time there were no concerns regarding this
section.
Section 6. 02 - Petition for Recall :
Sheets said 10% is a standard number of registered voters that is
needed to sign a recall petition. He added he knew of no City that
• required signatures of more than 10% of the registered voters.
Commissioner Dunham said the "County Tax Assessor/Collector"
could be changed to "County Election Administrator" as a
"housekeeping" type of amendment.
Sheets noted, "Such petition shall contain a general statement of
the grounds for which the removal is sought, " is not done anymore.
Section 6. 03 - Recall Procedure:
At the present time there were no concerns regarding this
section.
Section 6. 04 - Form of Recall Petition:
At the present time there were no concerns regarding this
section.
Section 6. 05 - Various Papers Constituting Recall Petition:
• At the present time there were no concerns regarding this
section.
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September 4, 1991
• Section 6. 06 - Presentation of Recall Petition to City
Council :
At the present time there were no concerns regarding this
section.
Section 6. 07 - Public Hearing to be Held on Recall Petition:
At the present time there were no concerns regarding this
section.
Section 16. 08 - Recall Election to be Called:
Sheets noted this section conf l i ct5 with the 5tdte Lay., dnd only
the Governor can call a special election. Also the section could be
clarified by stating " in compliance with State law regarding uniform
election days. "
Section 6. 09 - Ballots in Recall Election:
• At the present time there were no concerns regarding this
section.
Section 6. 10 - Results of Recall Election :
At the present time there were no concerns regarding this
section.
Section 6. 11 - Recall , Restrictions Thereon:
At the present time there were no concerns regarding this
section.
Section 6. 12 - Failure of City Council to Call an Election:
Sheets noted as a "housekeeping" amendment, . . . "the County
Judge" . . . could be changed to "District Judge" or County Court at Law"
or "Court of competent jurisdiction" since County Judges do not handle
• this type of procedure anymore.
ARTICLE 7 - INITIATIVE AND REFERENDUM
Section 7. 01 - General Authority:
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September 4, 1991
• At the present time there were no concerns regarding this section.
Section 7. 02 - Commencement of Proceedings : Petitioners'
Committee Affidavit:
Sheets s said "of Round Rock or ��f the City" could be added after-
the word "any five (5) qualified voters. . . "
At the present time there were no concerns regarding this
section.
Section 7. 03 - Petitions:
At the present time there were no concerns regarding this section.
Section 7. 04 - Determination of Sufficiency:
(d) - Insufficient Petition, Appeal .
In response to Commissioner Dunham' s question, Sheets clarified
it was 2 days after a final copy is received that the committee may
file a request that the certificate be reviewed by Council . At the
present time there were no concerns regarding this section.
Section 7. 05 - Referendum Petitions; Suspension of Effect of
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Ordinance:
At the present time there were no concerns regarding this
section.
Section 7. 06 - Action on Petitions :
(b) Submission to Voters.
Sheets pointed this section needs to comply with the State
uniform election days.
Section 7. 07 - Form of Ballots :
At the present time there were no concerns regarding this
• section.
Section 7. 08 - Results of Election:
At the present time there were no concerns regarding this
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September 4, 1991
section.
ARTICLE 8 - FINANCIAL ADMINISTRATION
Section 8. 01 - Fiscal Year:
At the present time there were no concerns regarding this
section.
Section 8. 02 - Public Record:
At the present time there were no concerns regarding this
section.
Section 8. 03 - Annual Budget:
(a) Content.
Sheets clarified . . . "the manager" . . . meant the City Manager.
(b) Submission.
• Sheets will check the original Charter for clarification of
the word "revised" and see if it should say "revise" .
(c) (d) At the present time there were no concerns regarding
th r-zaz=; Tww 5p-,rt i ons .
(e) Sheets pointed out a typographical error in the third
sentence. The word "Countil " should read "Council " .
Section 8. 04 - Administration of Budget:
(a) Payments and Obligations Prohibited.
Sheets pointed out two typographical errors. In the first
i
sentence, the word "obligated" should be "obligation" and one "or" ,
between . . . "such allotment or or appropriations" . . . , should be deleted.
(b) Financial Reports.
Sheets noted a possible "housekeeping" amendment. "Formal
meeting" could be changed to "regular meeting. "
At the present time there were no concerns regarding this
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September 4, 1991
• section.
Section 8. 05 - Emergency Appropriations :
The Commission had a lengthly discussion on this section.
Sheets pointed out this section does not allow an emergency tax.
The City' s surplus funds would be used before this would be
considered. He added it takes five (5) members of the Council to
declare an emergency.
Commissioner Dunham questioned why a restriction is needed in the
statement. . . "The total amount of all emergency appropriations made in
any fiscal year shall not exceed two and one-half per centum (2 1/2%)
of the tax levy for that fiscal year. " He added why the Council could
not just use their better judgement.
Commissioner Beard questioned where the figure (2 1 /2%) came
• from and why.
Commissioner Whitlow, who was on the Commission to draft the
original Charter, stated it was probably from one of the many Charters
that were reviewed.
Sheets pointed out the statement. . . "Such appropriation shall be
by ordinance adopted by the favorable votes of five (5) or more of the
Council members qualified and serving, " has never been used.
Sheets said he would review this section for better clarification
and report back to the Commission. He would also check on what the
tax levy is.
Section 8. 06 - Borrowing to Meet Emergency Appropriations :
Sheets said he would review this section for better clarification
• and report back to the Commission.
Section 8.. 07 - Borrowing in Anticipation of Property Taxes:
Sheets said he would review this section for better clarification
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September 4, 1991
•
and report back to the Commission.
Section 8. 08 - Depository:
At the present time there were no concerns regarding this
section.
Section 8. 09 - Purchase Procedure:
Steve Sheets noted this section had been amended in 1986. At the
present time there were no concerns regarding this section.
Section 8. 10 - Independent Audit:
At the present time there were no concerns regarding this
section.
ARTICLE 9 - BONDS
Section 9. 01 - Borrowing for Capital Improvements :
• At the present time there were no concerns regarding this
section.
ARTICLE 10 - TAX ADMINISTRATION
Section 10. 01 - Department of Taxation:
Sheets noted amendment of this section is needed because it is
outdated and the laws have changed. The amendment could give the
Council the authority to contract with another government agency to
assess and collect taxes. The amendment could be more general to
allow for future changes. Presently it does not reflect what the City
is doing. The City and School tax assessment and collection function
are presently combined. Sheets noted the Charter was not being
violated by this procedure. He added he could review this Article and
offer a recommendation if the Commission desired. A possible
• amendment could state the City would do whatever the State Law
requires. At the present time there were no concerns regarding this
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September 4, 1991
• section.
Section 10. 02 - Powers of Taxation:
At the present time there were no concerns regarding this
section.
Section 10 . 03 - Assessment of Property for Tax Purposes :
Sheets will review and bring back a recommendation.
Section 10. 04 - Taxes : When Due and Payable:
Sheets will review and bring back a recommendation.
Section 10. 05 - Tax Liens :
Sheets will review and bring back a recommendation.
Section 10. 06 - Joint Interest in Property:
Sheets will review and bring back a recommendation.
Section 10. 07 - Arrears of Taxes Offset to Debt Against
j • City:
Sheets will review and bring back a recommendation.
Section 10. 08 - Board of Equalization:
Sheets noted this Board does not exist anymore. This will be
reviewed and brought back for a recommendation.
ARTICLE 11 - FRANCHISE OF PUBLIC UTILITIES
Section 11 . 01 - Powers of the City:
At the present time there were no concerns regarding this
section.
Section 11 . 02 - Franchise, Power of Council :
At the present time there were no concerns regarding this
section.
Section 11 . 03 - Franchise Value Not To Be Allowed:
At the present time there were no concerns regarding this
section.
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September 4, 1991
rSection 11 . 04 - Right of Regulation :
At the present time there were no concerns regarding this
section.
Section 11 . 05 - Consent of Property Owners:
Sheets pointed out the word "Chapter" in this section should be
"Charter. "
At the present time there were no concerns regarding this
section.
Section 11 . 06 - Extensions :
At the present time there were no concerns regarding this
section.
Section 11 . 07 - Other Conditions :
At the present time there were no concerns regarding this
section.
Section 11 . 08 - Franchise Records :
At the present time there were no concerns regarding this
section.
Section 11 . 09 - Regulation of Rates :
Sheets said he didn't know if "steam heat" , as it is noted in
this section, still exists. This will be researched. At the present
time there were no concerns regarding this section.
ARTICLE 12 - BOARDS AND COMMISSIONS
Section 12. 01 - Boards and Commissions :
At the present time there were no concerns regarding this
section.
Section 12. 02 - Qualifications:
At the present time there were no concerns regarding this
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September 4, 1991
• section.
Section 12 . 03 - Members Filing For Office:
At the present time there were no concerns regarding this
section.
Section 12 . 04 - Planning ad Zoning Commission
At the present time there were no concerns regarding this
section.
ARTICLE 13 - GENERAL PROVISIONS
Section 13 . 01 - Publicity of Records :
Sheets said under the Open Records act anyone could request to
review documents of the City, whether they were a citizen or not. An
amendment to the sentence that states . . . "any citizen of the City or
any duly_ authorized representative of the press or other news
media" . . . the word citizen could be changed to person.
Section 13 . 02 - Official Newspaper:
i
At the present time there were no concerns regarding this
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section.
Section 13 . 03 - Nepotism:
At the present time there were no concerns regarding this
section.
Section 13 . 04 - Personal Financial Interest:
At the present time there were no concerns regarding this
section.
Section 13 . 05 - Assignment, Execution and Garnishment:
Sheets noted, due to the new law concerning child support,
• garnishment of wages for child support may occur. At the present
time there were no concerns regarding this section.
Section 13 . 06 - Power to Settle Claims :
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September 4, 1991
• At the present time there were no concerns regarding this
section.
Section 13 . 07 - Notice of Claim Against City:
Sheets pointed out he did not know what the statement, . . . "notice
in writing duly certified" . . . meant. It could be amended by saying
"and under oath. "
Section 13 . 08 - Prohibitions:
The Commission had a lengthly discussion on this section and how
the Federal Law affects it.
(a) Activities Prohibited. ( 1 )
There was discussion on how the handicapped law would effect this
section.
• (a) Activities Prohibited. (3)
The Commission requested clarification on who is being addressed
as "city officer" and who are appointed officers.
(a) Activities Prohibited. (4)
Sheets pointed out in . . . "No appointed officer or employee of the
i
City" . . . appointed officer could be deleted.
The Commission stated they needed clarification on whether Boards
and Commissions are prohibited from making a contribution to a Council
candidate. They also requested ordinances from other cities
concerning this topic for research and review.
Sheets pointed out this section does not apply to the City Fire
and Police Departments and wouldeget the statutes that address this.
Section 13 . 09 - Separability:
• At the present time there were no concerns regarding this
section.
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September 4, 1991
• Section 13 . 10 - Submission of Charter to Voters :
At the present time there were no concerns regarding this
section.
Section 13 . 11 - Amendment of Charter:
At the present time there were no concerns regarding this
section.
Section 13 . 12 - Charter Review Commission:
At the present time there were no concerns regarding this
section.
Section 13. 13 - Rearrangement and Renumbering of Charter
Provisions :
At the present time there were no concerns regarding this
section.
iSection 13 . 14 - Security or Bond Not Required:
At the present time there were no concerns regarding this
section.
Section 13 . 15 - Drilling Operations :
At the present time there were no concerns regarding this
section.
ARTICLE 14 - TRANSITIONAL PROVISIONS
Section 14. 01 - Schedule:
At the present time there were no concerns regarding this
section.
Section 14. 02 - Officers and Employees :
At the present time there were no concerns regarding this
• section.
Section 14. 03 - Effect of Charter on Existing Law:
At the present time there were no concerns regarding this
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September 4, 1991
• section.
Section 14. 04 - Pending Matters :
At the present time there were no concerns regarding this
section.
This concluded the Commission's overview of the Charter.
COMMISSIONERS COMMENTS:
The Commission clarified that Sheets would review and offer a
recommendation concerning Sections 8. 05, 8. 06, 8. 07, Article 10 and
Section 13. 08 (3) and Section 1.3. 08 (4) .
The Commission discussed the procedure they would follow •to
receive suggestions/input from the City Council , City Manager, and
Department Heads.
Commissioner Van Hyfte requested a copy of the City's Audit
Summary and index of current ordinances prior to the next meeting.
As a point the Commission questioned why the Charter allowed only
4 votes for appointment of a City Manager when other actions require
5.
Sheets said if more than one of the Commission's recommendation
for amendment of the Charter was for "housekeeping" purposes a general
statement could be placed on the ballot and not each and every item.
The next meeting of the Charter Review Commission was been
scheduled for Wednesday, September 25, 1991 at 7: 00 p.m. in the
Council Chamber.
ADJOURNMENT:
There being no further business the meeting adjourned at 9: 12
• p.m.
Respectfully submitted,
Joanne Land, Assistant City Manager/City Secretary
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