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Minutes - Regular Meeting - 10/4/1995 October 4, 1995 The Round Rock Charter Review Commission met on Wednesday, October 4, 1995 at 6:00 p.m. in the City Council Chamber,221 E.Main Street. ROLL CALL: Those members present were Commissioners John Manbeck,Berry Sullivan,Teke Baker, Roy Beard, and Barbara Jansen. Judy McLeod and Phil Scott were absent. Also present were Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets. APPROVAL OF MINUTES: September 6. 1995 Commissioner Manbeck made the noted corrections to the following paragraphs. "In response to Commissioner McLeod's question, Sheets said the Commission would could recommend to the Council that an election be held to amend the Charter.The Council would then decide if an election will be held." "Commissioner Manbeck asked staff to condense the recommendations made by the 1991 Charter Review Commission and staff into the existing Charter for their review prior to the meeting." MOTION: Commissioner Baker moved to approve the minutes as corrected. Commissioner Jansen seconded the motion. VOTE: Ayes: Commissioner Baker Commissioner Beard Commissioner Jansen Commissioner Sullivan • Commissioner Manbeck Noes: None Absent: Commissioner McLeod Commissioner Scott ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: None CONSIDER DISCUSSION BY CITY STAFF AND COMMISSIONERS CONCERNING ALL ASPECTS OF THE CITY CHARTER. Commissioner Manbeck said the composite that staff provided, at the request of the Commission, specifically states where the changes are and what the changes could possibly be if the Commission recommended that the City Charter be amended. It included all the recommendations made by the 1991 Charter Review Commission and City staff Joanne Land explained that the City Council is considering a bond election and has chosen January 20 as a possible date. The Council has not called that election yet but they have reconvened the GO Bond Task Force. If the Charter Review Commission decides to recommend that changes be made to the charter it would benefit all the citizens to have the charter amendment election along with the bond election. A recommendation would need to be made to the Council either on October 12th or October 24th. The Council would review and discuss the information on November 9th and the election would • need to be called by November 21st. She added that the Council can make any additions or deletions to 1 the Commission's recommendation. • Commissioner Manbeck asked the Commission to review the composite and to notify Sheets of any changes so he can incorporate it into the redline document. The Commission discussed how they would update the Council on their progress. It was decided that Commissioner Manbeck would attend the Council's October 12th meeting and inform them that the Commission was close to making a recommendation. Steve Sheets informed the Commission that he could have the redline version of the Charter to them by October 16th and also prepare a recommendation resolution for the Commission's review.The -resolution would recommend that an election be held to amend statutory designations,typographical errors and housekeeping item in the Charter. MOTION: Commissioner Beard moved that the Commission meet on October 18 1995 to review the redline document that will be presented to the City Council on October 24, 1995. Commissioner Baker seconded the motion. VOTE: Ayes: Commissioner Baker Commissioner Beard Commissioner Jansen Commissioner Sullivan Commissioner Manbeck • Noes: None Absent: Commissioner McLeod Commissioner Scott ACTION: The motion carried unanimously. COMMISSIONERS COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 6:26 p.m. Respectfully Submitted, Joanne Land,Assistant City Manager/ City Secretary • 2 • CHARTER REVIEW COMMISSION OVERVIEW OF 1991 & 1995 COMMENTS FIRST DRAFT OCTOBER 4, 1995 NO CHANGE ARTICLE 1: FORM OF GOVERNMENT AND BOUNDARIES SECTION 1.01 FORM OF GOVERNMENT SECTION 1.02 THE BOUNDARIES SECTION 1.04 CONTRACTION OF BOUNDARIES ARTICLE 2: POWERS OF CITY SECTION 2.01 GENERAL SECTION 2.03 EMINENT DOMAIN ARTICLE 3: THE CITY COUNCIL • SECTION 3.01 NUMBER, SELECTION AND TERM SECTION 3.02 QUALIFICATIONS SECTION 3.03 JUDGE OF ELECTION QUALIFICATIONS SECTION 3.04 COMPENSATION SECTION 3.05 MAYOR AND MAYOR PRO-TEM SECTION 3.06 VACANCIES,FORFEITURE,FILLING OF VACANCIES SECTION 3.07 GENERAL POWERS AND DUTIES SECTION 3.08 PROHIBITIONS SECTION 3.10 QUORUM SECTION 3.11 RULES OF PROCEDURE SECTION 3.13 ORDINANCES IN GENERAL SECTION 3.14 EMERGENCY ORDINANCES SECTION 3.15 BONDS FOR CITY EMPLOYEES SECTION 3.16 INVESTIFATIVE BODY ARTICLE 4: ADMINISTRATIVE SERVICE SECTION 4.01 CITY MANAGER SECTION 4.02 ADMINISTRATIVE DEPARTMENTS SECTION 4.03 MUNICIPAL COURT SECTION 4.04 CITY ATTORNEY SECTION 4.05 CITY SECRETARY I • CHARTER REVIEW COMMISSION OVERVIEW OF 1991&1995 COMMENTS FIRST DRAFT OCTOBER 4,1995 PAGE 2 ARTICLE 5: NOMINATIONS AND ELECTIONS SECTION 5.02 FILING FOR OFFICE SECTION 5.03 OFFICIAL BALLOTS SECTION 5.04 CANVASSING SECTION 5.05 ELECTION BY MAJORITY SECTION 5.06 RUN-OFF ELECTION ARTICLE 6: RECALL OF OFFICERS SECTION 6.01 SCOPE OF RECALL SECTION 6.03 RECALL PROCEDURE SECTION 6.04 FORM OF RECALL PROCEDURE SECTION 6.05 VARIOUS PAPERS CONSTITUTING RECALL PETITION SECTION 6.06 PRESENTATION OF RECALL PETITION TO CITY COUNCIL SECTION 6.07 PUBLIC HEARING TO BE HELD ON RECALL PETITION SECTION 6.09 BALLOTS IN RECALL ELECTION SECTION 6.10 RESULT OF RECALL ELECTION SECTION 6.11 RECALL,RESTRICTIONS THEREON • ARTICLE 7: INITIATTVE AND REFERENDUM SECTION 7.01 GENERAL AUTHORITY SECTION 7.03 PETITIONS SECTION 7.04 DETERMINATION OF SUFFICIENCY OF EFFECT OF ORDINANCE SECTION 7.05 REFERENDUM PETITIONS; SUSPENSION OF EFFECT OF ORDINANCE SECTION 7.01 FORM OF BALLOTS SECTION 7.08 RESULTS OF ELECTION ARTICLE 8: FINANCIAL ADMINISTRATION SECTION 8.01 FISCAL YEAR SECTION 8.02 PUBLIC RECORD SECTION 8.04 ADMINISTRATION OF BUDGET SECTION 8.06 BORROWING TO MEET EMERGENCY APPROPRIATIONS SECTION 8.07 BORROWING IN ANTICIPATION OF PROPERTY TAXES SECTION 8.08 DEPOSITORY SECTION 8.09 PURCHASE PROCEDURE SECTION 8.10 INDEPENDENCE AUDIT ARTICLE 9: BONDS SECTION 9.01 BORROWING FOR CAPITAL IMPROVEMENTS • • CHARTER REVIEW COMMISSION OVERVIEW OF 1991& 1995 COMMENTS FIRST(DRAFT OCTOBER 4,1995 PAGE 3 ARTICLE 10: TAX ADMINISTRATION SECTION 10.02 POWERS OF TAXATION SECTION 10.03 ASSESSMENT OF PROPERTY FOR TAX PURPOSES SECTION 10.04 TAXES: WHEN DUE AND PAYABLE SECTION 10.05 TAX LIENS SECTION 10.06 JOINT INTEREST IN PROPERTY SECTION 10.07 ARREARS OF TAXES OFFSET TO DEBT AGAINST CITY SECTION 10.08 BOARD OF EQUALIZATION ARTICLE 11: FRANCHISE OF PUBLIC UTILITIES SECTION 11.01 POWERS OF THE CITY SECTION 11.02 FRANCHISE,POWER OF COUNCIL SECTION 11.03 FRANCHISE VALUE NOT TO BE ALLOWED SECTION 11.04 RIGHT OF REGULATION SECTION 11.05 CONSENT OF PROPERTY OWNERS SECTION 11.06 EXTENSIONS SECTION 11.07 OTHER CONDITIONS • SECTION 11.08 FRANCHISE RECORDS SECTION 11.09 REGULATION OF RATES ARTICLE 12: BOARDS AND COMMISSIONS SECTION 12.01 BOARDS AND COMMISSIONS SECTION 12.03 MEMBERS FILING FOR OFFICE ARTICLE 13: GENERAL PROVISIONS SECTION 13.02 OFFICIAL NEWSPAPER SECTION 13.03 NEPOTISM SECTION 13.04 PERSONAL FINANCIAL INTEREST SECTION 13.06 POWER TO SETTLE CLAIMS SECTION 13.09 SEPARABILITY SECTION 13.10 SUBMISSION OF CHARTER TO VOTERS SECTION 13.11 AMENDMENT OF CHARTER SECTION 13.12 CHARTER REVIEW COMMISSION SECTION 13.13 REARRANGEMENT AND RENUMBERING OF CHARTER PROVISIONS SECTION 13.14 SECURITY OR BOND NOT REQUIRED SECTION 13.15 DRILLING OPERATIONS ARTICLE 14: TRANSITIONAL PROVISIONS SECTION 14.01 SCHEDULE • SECTION 14.02 OFFICERS AND EMPLOYEES SECTION 14.03 EFFECT OF CHARTER ON EXISTING LAW SECTION 14.04 PENDING MATTERS • CHARTER REVIEW COMMISSION OVERVIEW OF 1991 & 1995 COMMENTS FIRST DRAFT OCTOBER 4,1995 PAGE 4 HOUSEKEEPING ARTICLE 1: FORM OF GOVERNMENT AND BOUNDARIES SECTION 1.03 EXTENSION OF BOUNDARIES "ARTICLE 974 OF THE REVISED STAYTUTES OF THE STATE OF TEXAS OF 1925"COULD BE AMENDED TO REFLECT THE CURRENT LOCAL GOVERNMENT CODE. ARTICLE 2: POWERS OF CITY SECTION 2.02 GENRAL POWERS ADOPTED "ARTICLE 1175, CHAPTER 13,TITLE 28,OF THE REVISED • CIVIL STATUTES OF THE STATE OF TEXAS OF 1925" COULD BE AMENDED TO REFLECT CURRENT STATE LAW. SECTION 2.04 ZONING IN GENERAL "ARTICLE 1011A THROUGH 101 IJ INCLUSIVE,OF THE 1925 REVISED CIVIL STATUTES OF TEXAS" COULD BE AMENDED TO REFLECT CURRENT STATE LAW. ARTICLE 3: THE CITY COUNCIL SECTION 3.09 MEETINGS OF COUNCIL "UPON NO LESS THAN TWELVE HOURS NOTICE TO EACH MEMBER"COULD BE AMENDED TO READ"IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT."SECTION 3.12 VOTING"PROVIDED HOWEVER THAT THERE SHALL BE NO REQUIREMENT FOR THE TAKING AND RECORDING OF MINUTES OF MEETINGS HELD IN EXECUTIVE OR CLOSED SESSION IN ACCORDANCE WITH ARTICLE 6252-17,V.T.S.C." COULD BE AMENDED TO READ"PROVIDED HOWEVER........EXCEPT AS REQUIRED BY LAW. • • CHARTER REVIEW COMMISSION OVERVIEW OF 1991& 1995 COMMENTS FIRST DRAFT OCTOBER 4,1995 PAGE 5 ARTICLE 5: NOMINATIONS AND ELECTIONS ARTICLE 5 COULD ADDRESS STATE LAW CONCERNING UNCONTESTED COUNCIL RACES. SECTION 5.01 CITY ELECTIONS 5.01(a)-"ACCORDING TO STATE LAW' COULD BE ADDED. 5.01(c)-THE COUNTY ELECTIONS ADMINISTRATOR PREARES AND MAINTAINS A CURRENT VOTER REGISTRATIN LIST NOT THE CITY SECRETARY. ARTICLE 6: RECALL OF OFFICERS SECTION 6.02 PETITION FOR RECALL "COUNTY TAX ASSESSOR/COLLECTOR"COULD BE AMENDED TO READ"COUNTY ELECTION • ADMINISTRATOR" "SUCH PETITION SHALL CONTAIN GENERAL STATEMENT OF THE GROUNDS FOR WHICH THE REMOVAL IS SOUGHT" COULD BE DELETED AS IT IS NO LONGER APPLICABLE. SECTION 6.08 RECALL ELECTION TO BE CALLED CONFLICTS WITH STATE LAW IN THAT ONLY THE GOVERNOR CAN CALL A SPECIAL ELECTION. THE SECTION COULD BE CLARIFIED BY STATING"IN COMPLIANCE WITH STATE LAW REGARDING UNIFORM ELECTION DAYS." SECTION 6.12 FAILURE OF CITY COUNCIL TO CALL AN ELECTION "COUNTY JUDGE"COULD BE CHANGED TO"COURT OF COMPETENT JURISDICTION." ARTICLE 7: INITIATIVE AND REFERENDUM SECTION 7.02 COMMENCEMENT OF PROCEEDINGS;PETITIONERS' COMMITTEE: AFFIDAVIT "OF ROUND ROCK OR OF THE CITY"COULD BE ADDED. SECTION 7.06 ACTION OF PETITIONS • 7.06(b)-COULD BE AMENDED TO REFLECT COMPLILANCE WITH THE STATE UNIFORM ELECTION DAYS. • CHARTER REVIEW COMMISSION OVERVIEW OF 1991& 1995 COMMENTS FIRST DRAFT OCTOBER 4,1995 PAGE 6 ARTICLE 8: FINANCIAL ADMINISTRATION SECTION 8.03 ANNUAL BUDGET 8.03(a)-"THE MANAGER"MEANS"CITY MANAGER." 8.03(e)-"TWENTY-SEVENTH DAY" COULD BE AMENDED TO "LAST DAY." SECTION 8.05 EMERGENCY APPROPRIATIONS COULD BE AMENDED TO REFLECT COMPLIANCE WITH STATE LAW. ARTICLE 10: TAX ADMINISTRATION SECTION 10.01 DEPARTMENT OF TAXATION • STAFF STATED ARTICLE 10 HAS BEEN SUPERCEDED BY OTHER LEGISLATION. A SENTENCE COULD BE ADDED WHICH STATES THE CITY MAY CONTRACT WITH AN OUTSIDE AGNECY TO COLLECT CITY TAXES. (1991) ARTICLE 12: BOARDS AND COMMISSIONS SECTION 12.02 QUALIFICATIONS 12.02(a)- 1995 STAFF RECOMENDED"EACH CANDIDATE FOR AN APPOINTMENT AS A MEMBER OF THE PLANNING AND ZONING COMMISSION SHALL MET THE FOLLOWING REQUIREMENTS"BE CHANGED TO"EXCEPT AS OTHERWISE REQUIRED BY STATE LAW EACH CANDIDATE FOR APPOINTMENT AS A BOARD OR COMMISSION MEMBER SHALL MEET THE FOLLOWING REQUIREMENTS." • • CHARTER REVIEW COMMISSION OVERVIEW OF 1991&1995 COMMENTS FIRST DRAFT OCTOBER 4,1995 PAGE 7 SECTION 12.04 PLANNING AND ZONING COMMISSION 1995 STAFF RECOMMENDED THAT THIS SECTION BE DELETED AND THE FOLLWOING VERBAGE ADDED:"IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE TEXAS LOCAL GOVERNMENT CODE THERE SHALL BE A CITY PLANNING AND ZONING COMMISSION,THE COMPOSITION,TERMS OF APPOINTMENT,AND DUTIES AND POWERS OF WHICH THE CITY COUNCIL SHALL ESTABLISH BY ORDINANCE." ARTICLE 13: GENERAL PROVISIONS SECTION 13.01 PUBLICITY OF RECORDS THE WORD"CITIZEN" COULD BE CHANGED TO"PERSON" AND THEN DELETE"OF THE CITY OR ANY DULY AUTHORIZED REPRESENTATIVE OF THE PRESS OR OTHER • NEWS MEDIA." SECTION 13.05 ASSIGNMENT,EXECUTION AND GARNISHMENT COULD BE AMENDED TO REFLECT COMPLIANCE WITH STATE LAW. SECTION 13.07 NOTICE OF CLAIM AGAINST CITY "DULY CERTIFIED" COULD BE AMENDED TO"UNDER OATH." SECTION 13.08 PROHIBITIONS 13.08(a)(4)-"NO APPOINTED OFFICER OR EMPLOYEE........APPOINTED OFFICER COULD BE DELETED. • • CHARTER REVIEW COMMISSION OVERVIEW OF 1991 &1995 COMMENTS FIRST DRAFT OCTOBER 4,1995 PAGE 8 GENERAL COMMENTS 1. THE CHARTER REVIEW COMMISSION(1991) SUGGESTED MAKING THE CHARTER "GENDER NEUTRAL"AS A HOUSEKEEPING ITEM 2. CLARIFICATION OF"CITY OFFICER." 3. CORRECT ANY TYPOGRAPHICAL ERRORS. • 10/03/95 07:15 $512 255 8986 Sheet's & Assoc. CITY OF RR 1@002/006 • MEMO To: Steve n From-. Cary L.Bovey t�ie Subject: Recent Case Law and Legislative Acts Affecting City Charter Provisions Date: August 10, 1995 I have researched relevant Texas case law and cases from the United States Supreme Court,dating from 1991 to the present, concerning city charters and any effects these cases would have on the Round Rock City Charter.None of the cases that I reviewed in my research require any changes to the Round Rock City Charter. I have also reviewed the changes enacted by the 73rd and 74th Texas Legislatures.The only change that is advisable relates to the mayoral and city council elections. Senate bill 680 (copy attached) amend the Texas Election Code to allow the governing body of a city to cancel an election for officers of the city if each candidate is unopposed,no proposition is going to appear on the ballot, and no person has made an application as a write-in candidate by the 45th day before the date of the election. • Section 5.01(a)of the Round Rock City Charter states: The regular City Election will be held annually on the first Saturday in April.The Council shall be responsible to specify places for holding such election. Section 5.01(a)appears to reguirr_e that an annual election be held. I would suggest an amendment to the charter to authorize the City of Round Rock to take.advantage of the opportunity to forego an election:if authorized by state law. Also, while considering this section, the charter should be changed to provide for the general election for city officers to be held on the first Saturday in May to reflect current law and the current practice of the City of Round Rock. clb.chaitcr 10/03/95 07:15 $512 255 8986 Sheeis i Assoc. -►-►-► CITY OF RR 1@003/006 P. 02 I . 1 Bill Number: TX74RSB 680 Date: 5/30/95 1 ENROLLED 1 AN ACT 2 relating to the cancellation of and to the filing of a 3 declaration of write-in candidacy in certain elections; providing .4 penalties. •5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 5 SECTION 1. Chapter 2, Election Code, is amended by adding 1 7 Subchapter C to read as follows: .8 SUBCHAPTER C. ELECTION .9 OF UNOPPOSED CANDIDATE 10 Sec. 2 .051. APPLICABILITY OF SUBCHAPTER. This subchapter 11 applies only to an election for officers of a political subdivision other than a county in which write-in votes may be 1 13 counted only for names appearing on a list of write-in candidates 14 and in which: 15 (1) each candidate whose name is to appear on the 16 ballot is unopposed; and 1 17 (2) no proposition is to appear on the ballot_. 18 Sec. 2 . 052 . CERTIFICATION OF UNOPPOSED STATUS. (a) The 1 19 authority responsible for having the official ballot prepared 20 shall certify in writing that a candidate is unopposed for 21 election to an office if: 22 (1) only one candidate' s name is to be placed on 23 the ballot for that office under Section 52 . 003 ; and ! 24 (2) no candidate' s name is to be placed on a list l 1 10/03/95 07:15 $512 255 8986 Sheets & Assoc. -44 CITY OF RR 2004/006 P. 03 1 of write-in candidates for that office under applicable law_ (b) The certification shall be delivered to the governing 3 body of the political subdivision as soon as possible after the 4 filing deadlines for placement on the ballot and list of write-in 5 candidates . 6 Sec. 2 . 053 . ACTION ON CERTIFICATION. (a) On receipt of 1 7 the certification, the governing body of the political 8 subdivision by order or ordinance may declare each unopposed 9 candidate elected to the office. 10 ( ) b If a declaration is made under Subsection (a) , the I .11 election is not held. A copy of the order or ordinance shall be � :12 posted on election day at each polling place that would have been 1 13 used in the election. 14 (c) A certificate of election shall be issued to each f ' 15 candidate in the same manner as provided for a candidate elected at the election. Sec. 2 . 854 . COERCION AGAINST CANDIDACY PROHIBITED. 18 (a) ' A person commits an offense if by intimidation or by means 19 of coercion the person influences or attempts to influence a 20 person to not file an application fora place on the ballot or a x .21 declaration of write-in candidacy in an election that may be 22 subject to - this subchapter. 23 (b) In this section, "coercion'! has the meaning assigned I24 by Section 1.07, Penal Code. f25 (c) An offense under this section is a Class A I26 misdemeanor unless the intimidation or coercion is a threat to 27 commit a felony, in which event it is a felony of the third 1 2 1 1 l 10/03/95 07:16 $512 255 8986 Sheets & Assoc. -►i-► CITY OF RR 1@005/006 P. 04 1 degree. • ' it SECTION 2 . Section 146 . 054, Election Code, is amended to 1. 3 read as follows; r. , . 4 Sec. 146 . 054 . FILING DEADLINE. A declaration of write-in e a 5 candidacy must be filed not later than 5 p.m. of the 45th 6 [30isk] day before election day. However, if a candidate whose 7 name is to appear on the ballot dies or is declared ineligible •8 after the 48th [33rd] day before election day, a declaration of .9 write-in candidacy for the office sought by the deceased or 10 ineligible candidate may be filed not later than 5 p.m. of the ; 11 42nd [29thl day before election day. 11I12 SECTION 3 . Subsection (b) , Section 23 , 081., Education Code, 1 • 13 is amended to read as follows: X14 (b) A declaration of write-in candidacy must be filed not � . later than 5 p.m. of the 45th [3ethl day before election day. �I However, if a candidate whose name is to appear on the ballot 1 17 dies or is declared ineligible after. the 48th E33rd) day before .18 election day, a declaration of write-in candidacy for the office . � 19 sought by the deceased or ineligible candidate may be filed not � ZO later than 5 p.m. of the 42nd [87tk] day before election day. 21 SECTION 4. Subsections (a) and (d) , Section 50 . 004, Water 22 Code, are amended to read as follows: 23 (a) In a general election for board members under this � 24 chapter or Chapter 51, 52, 53 , [or) 54, 55, or 58 of this I25 code, a write-in vote may not be counted unless the name written � 26 in appears on the list of write-in candidates. 127 (d) A declaration of write-in candidacy must be filed not ' 3 1 I • 10/03/95 07:16 '0512 255 8986 Sheets & Assoc. 44—CITY OF RR • Q006/006 P. as 1 later than 5 p.m. of the 45th [30th] day before election day. However, if a candidate whose name is to appear on the ballot 3 dies or is declared ineligible after the 48th (33rd] day before 4 election day, a declaration of write-in candidacy for the office 5 sought by the deceased or ineligible candidate may be filed not 6 later than 5 p.m. of the 42nd [29ak] day before election day. 7 SECTION S•. This Act. takes effect September 1, 1995 . B SECTION 6. The importance of this legislation and the ' 9 crowded condition of the calendars in both houses crease an ! 10 emergency and an imperative public necessity that the ' 11 constitutional rule requiring bills to be read on three several tl 12 days in each .house be suspended, and this rule is hereby 13 suspended. 14 President of the Senate Speaker of the House I hereby certify that S.B. No. 680 passed the Senate on 17 April 61 1995, by the following vote: ' Yeas 30, Nays 0; and that 18 the Senate concurred in House amendments on May 27, 1995, by a i9 viva-voce vote. 20 r 21 Secretary of the Senate . 22 I hereby certify that S.B. No. 680 passed the House, with • r. '23 amendments, on May 24, 1995, by a non-record vote. 24 a; 25 Chief Clerk of the House 26 Approved: tell 27 • l • yh .4.i IN