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2011 Recommendations • June 2011 Mayor Alan McGraw Mayor Pro Tem Carlos Salinas Councilmember Craig Morgan Councilmember George White Councilmember Joe Clifford Councilmember John Moman Councilmember Kris Whitfield Re: Official Report of the 2011 Round Rock Charter Review Commission Dear Mayor McGraw and Councilmembers: • As Chairman of the 2011 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 and 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. Sincerely, Frank Leffingwell, Chairman Charter Review Commission On behalf of the Commission Members: Will Gregorcyk,Vice Chairman Mike Robinson Selicia Sanchez • Joe Schaefer Brad Thorne Kenton Toomey s • DRAFT.6/x/11 2011 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 2011 Round Rock Charter Review Commission ("Commission") held five (5) 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 made the following recommendations for amendments to the Charter. Recommendation No. 1 • To amend Sec. 3.10 to clarify that certain matters require an affirmative vote of more than four members of the city council. Recommendation No.2 To amend Sec. 4.01, 4.05, 5.01, 5.02, 5.03, 6.02, 6.03, 6.04, 6.05, 6.06, 6.12, 7.02, 7.04, 7.06, 8.10, 14.07, 14.10, and 14.12 to change the term "City Secretary"to"City Clerk". Recommendation No. 3 To amend Sec. 7.02 to change the term "telecopier" to "email address" and "telephonic document"to"electronic document." Recommendation No. 4 To amend Sec. 12.01 to correct a spelling error in subsection (a)(2) and to correct a paragraph reference in subsection subsection(b)by changing"12.02"to "12.02(a)". Recommendation No. 5 To amend Sec. 12.04 to delete some of the duties and responsibilities of the Planning and Zoning Commission. • t c DRAFT. 612111 • Recommendation No. 6 To amend Sec. 7.01 to clarify that the referendum provisions do not apply to ordinances authorizing the issuance of bonds. Recommendation No. 7 To amend Sec. 5.03(d) to make the requirements for election ballot language consistent with state statutes. A"redlined"version of the above recommendations showing the current wording,as well as the proposed wording of each section is attached hereto as Exhibit "A", along with required arguments for and against each recommendation. Dated this day of June,2011. Respectfully submitted, 2007 Round Rock Charter Review Commission • Frank Leffingwell, its Chairman Will Gregorcyk,Vice Chairman Mike Robinson, Commission Member Selicia Sanchez, Commission Member Joe Schaefer, Commission Member Brad Thorne,Commission Member Kenton Toomey,Commission Member 2 • s • DRAFT.•6/2/11 RECOMMENDATION NO. 1: TO AMEND SEC. 3.10 TO CLARIFY THAT CERTAIN MATTERS REQUIRE AN AFFIRMATIVE VOTE OF MORE THAN FOUR MEMBERS OF THE CITY COUNCIL. SECTION 3.10 QUORUM Four City Council members shall constitute a quorum for the purpose of transaction of business and no action of the City Council, erieept as provided in Seetion 3.06, shall be valid or binding unless adopted by the affirmative vote of four or more members of the City Council, except where arg eater number of affirmative votes is expressly provided herein. Arguments in fan,or of the proposer!amenthnent: • Clarifies the section to acknowledge that there are sections of the Charter that require certain matters to be approved by more than four members of the City Council. Arguments in opposition of the proposed amendment: Elections are time consuming and expensive. Current language has not caused a problem in the past. • 3 0 DRAFT.612/11 • RECOMMENDATION NO. 2: Changing the term"City Secretary"to"City Clerk"wherever it appears in the Charter. SECTION 4.01 CITY MANAGER (e) Acting City Manager: The City Manager, within sixty (60) days after taking office, shall designate by letter filed with the City-SeeFe Clerk, a qualified administrative officer of the City to be the Acting City Manager in his or her absence or disability. Such designation shall be subject to the prior approval of the City Council. The Acting City Manager is authorized to perform the same powers and duties as the City Manager while acting in the City Manager's stead. No member of the City Council shall serve as Acting City Manager. From time to time the City Manager may remove and appoint another Acting City Manager,also with the prior approval of the City Council.The Acting City Manager shall perform the duties of the City Manager until the City Manager returns or his or her disability shall cease or until the City Council designates another person to perform such duties. SECTION 4.05 CITYSECRETARV CLERK The City Manager shall appoint the City Clerk and such Assistant City • Clerks as the City Council shall deem advisable. The duties of the City-Secretary Clerk. and Assistant City-Seer-@#i ies Clerks,shall be as follows: (a) to give notice of City Council meetings; (b) to keep the minutes of the proceedings of such meetings; (c) to authenticate by his or her signature and record in full a book kept and indexed for the purpose,all ordinances and resolutions;and (d) to perform such other duties as the City Council shall assign, and those elsewhere provided for in this Charter. SECTION 5.01 CITY ELECTIONS (c) Voter Eligibility tyList. A certified list of voter registrants within the City, as prepared by the County Election Administrator, shall be maintained on file in the office of the City Seeretasy-Clerk. If for a purpose relating only to a City election or to candidates or issues involved in such election, any organization,group or person requests a list of qualified voters of the City, permission to copy the current list shall be granted by the City SesxetaFy Clerk. 4 • i • DRAFT.•6/2/11 SECTION 5.02 FILING FOR OFFICE (4) No candidate shall be placed on the ballot unless his or her application is accompanied by either (1) a filing fee of fifty dollars ($50.00), or (2) a petition signed by qualified voters residing in the City equal in the number to the greater of. (a)twenty-five,or(b)one-half of one percent of the total vote received by all candidates for mayor in the most recent mayoral regular election. The signed petition shall be filed with the CityClerk,together with the candidate's sworn application. Each signer next to his or her signature shall indicate the signer's date of birth, date of signing, the signer's printed name, and the street address of his or her place of residence,including the county of residence. SECTION 5.03 OFFICIAL BALLOTS (b) Order of Listing. The order on the ballot of the names of the candidates shall be determined by lot in a drawing to be held under the supervision of the City-geefetaf}Clerk. • SECTION 6.02 PETITION FOR RECALL Before the question of recall of such officer shall be submitted to the qualified voters of the City, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of the City-geepetafy Clerk;which said petition shall be signed by qualified voters of the City equal in number to at least ten percent(10%) of the number of qualified voters as currently certified to by the County Election Administrator. Such petition shall contain a general statement of the grounds for which the removal is sought. A signature on a petition for recall is valid only if the petition includes the following information with respect to each signer: (a) the signer's residence address, including the county; (b) the signer's date of birth and the signer's voter registration number; (c) the date of signing;and (d) the signer's printed name. SECTION 6.03 RECALL PROCEDURE Any qualified voters of the City may make and file with the person performing the duties of City Clerk an affidavit containing the name or names of the officer(s)whose removal is sought and a statement of the grounds for removal. The City Secretary Clerk shall immediately notify in writing the officer(s) sought to be removed that the affidavit has been filed and shall inform the officer(s) of its statement of grounds. The City 906FE4axy Clerk shall within a period of two (2) working days from the time the affidavit was filed thereupon make available to the qualified voters making such affidavit copies • 5 e DRAFT. 6/2/11 • of petition blanks demanding such removal. The City-Seefetafy Clerk shall keep a sufficient number of such printed petition blanks on hand for distribution. Such blanks when issued by the City-9eeFe4H}Clerk shall bear the signature of the City-Seeretwy Clerk and be of such form as prescribed in Section 6.04 of this Article,and shall be numbered,dated,and indicate the name of the person to whom issued. The City SeeretW Clerk shall enter in a record to be kept in his or her office the name of the qualified voters to whom the petition blanks were issued and the number to said person. SECTION 6.04 FORM OF RECALL PETITION The recall petition mentioned above must be addressed to the City Council of the City of Round Rock, must distinctly and specifically state the ground(s) upon which such petition for removal is predicated, and, if there be more than one ground, such as for incompetency, noncompliance with this Charter,misconduct or malfeasance in office,shall specifically state each ground with such certainty as to give the officer sought to be removed,notice of such matters and things with which he or she is charged. Recall petition papers provided by the person performing the duties of City-Seefetwy Clerk shall be in form substantially as follows: We the undersigned qualified voters of the City of Round Rock hereby demand the question of removing(Name of Person)from the office of(Name of Office)be submitted to a vote of the qualified voters of the City. The charges and specifications upon which this demand for removal is predicated are as follows: • Signature Printed Name Address,including county Date of Birth Voter Registration No. The signatures shall be verified by oath in the following form: "STATE OF TEXAS § COUNTY OF WILLIAMSON § I, ,being first duly sworn,on oath depose and say that I am one of the signers of the above petition; and that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. Sworn and subscribed to before me this day of _ Notary Public in and for Williamson County,Texas" 6 • t • DRAFT:6/2/11 SECTION 6.05 VARIOUS PAPERS CONSTITUTING RECALL PETITION (a) The petition may consist of one or more copies,or subscription list,circulated separately, and the signatures thereto may be upon the paper or papers containing the form of petition, or upon other papers attached thereto. Verifications provided for in the next preceding section of this Article may be made by one or more petitioners,and the several parts or copies of the petition may be filed separately and by different persons; but no signatures to such petition shall remain effective or be counted which were placed thereon more than forty-five (45) days prior to the filing of such original petition or I petitions with the person performing the duties of City-&eefetafy Clerk on the same day, and the said-geemtafy Clerk shall immediately notify, in writing by registered mail, the officer so sought to be removed,by mailing such notice to such officer's address. SECTION 6.06 PRESENTATION OF RECALL PETITION TO CITY COUNCIL The person performing the duties of City-SeeretafyClerk shall present such certified petition to the City Council at the next regular City Council meeting. SECTION 6.12 FAILURE OF CITY COUNCIL TO CALL AN ELECTION . In case all of the requirements of this Charter shall have been met and the City Council shall fail or refuse to receive the recall petition, or to order such recall election, or to discharge any other duties imposed upon said City Council by the provisions of this Charter with reference to such recall, then the County Judge of Williamson County, Texas, or other judge of competent jurisdiction shall discharge any such duties herein provided to be discharged by the person performing the duties of City Seeretat-y,Clerk or by the City Council. SECTION 7.02 COMMENCEMENT OF PROCEEDINGS; PETITIONERS'COMMITTEE; AFFIDAVIT Any five (5) or more qualified voters of the City may commence initiative or referendum proceedings by filing with the City Sesretay Clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. No later than ten (10) days after the date that the aforesaid affidavit is filed and received by the City i_ Clerk, supplemental affidavits may be filed adding names to the petitioners' committee membership. The affidavit shall also designate one member as the Committee Chairperson and state the name, address and telecopier number(if any)of the Committee Chairperson to which all notices provided herein shall be served. The name of the Committee Chairperson may be changed by an amendment to the affidavit signed by at least a majority of the committee members. • 7 r DRAFT. 6/2/71 • All notices provided for herein may be served on the Committee Chairperson by personal delivery,by telephonic document transfer to the current telecopier number,if any,or by mail,which shall be complete upon deposit of the paper, enclosed in a postpaid, properly addressed wrapper, in a post office or official depository under the care and custody of the United States Postal Service. Within ten(10)business days after the affidavit of the petitioners' committee is filed, the person performing the duties of CityClerk shall issue the appropriate petition blanks to the petitioners' committee. SECTION 7.04 DETERMINATION OF SUFFICIENCY (a) Certificate of City-SeefetafyClerk. I Within ten (10) days after the petition is filed, the person performing the duties of City Seeretafy Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient,the particulars wherein it is defective and shall immediately upon completion of certification serve a copy of the certificate to the Committee Chairperson, as set forth in Section 7.02. (b) Sufficient Petition,Final Determination. If the petition is certified sufficient, the person performing the duties of City-Seeretary Clerk shall present the certificate to the City Council by the next regular City Council meeting and the certificate shall be a final determination as to the sufficiency of the • petition. (c) Insufficient Petition,Final Determination. If a petition is certified insufficient, and the petitioners' committee does not elect to request City Council review under subsection(d)of this section within the time required, the City-SeeFetafy Clerk shall present a certificate to the City Council by the next regular City Council meeting which shall be a final determination of the insufficiency of the petition. SECTION 7.06 ACTION ON PETITIONS (c) Publication of Proposed and Referred Ordinance. The person performing the duties of City-geeFetm-y Clerk shall give such notices and do such other things relative to such election as are required in general municipal elections or by the ordinance calling said election. (d) Withdrawal of Petition. An initiative or referendum petition may be withdrawn at any time prior to the time the petition has been determined to be sufficient by filing with the City-Seems}_ Clerk a request for withdrawal signed by at least eighty percent (80%) of the members of the 8 • t • DRAFT. 612/71 petitioners' committee. Upon filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. SECTION 8.10 INDEPENDENT AUDIT At the close of each fiscal year, and at such other times as it may be deemed necessary, the Council shall cause an independent audit to be made of all accounts of the City by a certified public accountant. The certified public accountant so selected shall have no personal interest, directly or indirectly,in the financial affairs of the City or any of its officers.Upon completion of the audit,a copy of the audited annual financial report shall be placed in the public library and placed on file in the City Seer-etary✓s Clerk's office as public record. SECTION 9.01 BORROWING FOR CAPITAL IMPROVEMENTS (e) The procedure for adoption of any ordinance relative to borrowing for capital improvements shall be: (1) A copy of the proposed ordinance shall be furnished to (1) each member of the City Council,(2)the City Attorney,and(3)any citizen of the City for inspection upon request to the City Seer-eta:T Clerk,at least three days before the date of the meeting at which the ordinance is to be considered. • (2) Any ordinance relative to borrowing for capital improvements may be adopted and finally passed at the meeting at which it is introduced. SECTION 14.07 NOTICE OF CLAIM AGAINST CITY Before the City shall be liable to damage, claim, or suit for personal injury, or damage to property, the person who is injured or whose property has been damaged or someone in such person's behalf shall give the City Manager or the City Sesretafy Clerk notice in writing under oath within forty- five (45) days after the date of the alleged damage or injury stating specifically in such notice when, where and how the injury or damage was sustained, setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses known to claimant upon whose testimony claimant is relying to establish the injury or damage. In case of injuries resulting in death, the person or persons claiming damage shall within forty-five (45) days after the death of the injured person give notice as required above. Provided that nothing herein contained shall be construed to mean the City waives any rights, privileges, defenses or immunities in tort actions which are provided under the common law,the constitution and laws of the state of Texas. SECTION 14.10 SUBMISSION OF CHARTER TO VOTERS The Charter Commission in preparing this Charter concludes that it is impracticable to segregate each subject so as to permit a vote of"yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function, it is necessary that it should be adopted in its entirety.For these reasons,the Charter Commission directs that the said Charter be voted upon as a whole and that it shall be submitted to the voters of the City at an election to be held for that purpose on August • 9 DRAFT.•6/2/11 • 13, 1977. Not less than thirty (30) days prior to such election, the City Council shall cause the City Seefetary Clerk to mail a copy of this Charter to each registered voter of the City as appears from the latest certified list of registered voters. If a majority of the registered voters voting in such election shall vote in favor of the adoption of this Charter, it shall become the Charter of the City of Round Rock, and after the returns have been canvassed, the same shall be declared adopted and the City-£esretafy Clerk shall file an official copy of the Charter with the Records of the City. The See tary Clerk shall furnish the Mayor a copy of said Charter, which copy of the Charter so adopted, authenticated and certified by signature and the seal of the City,shall be forwarded by the Mayor to the Secretary of the state of Texas and shall show the approval of such Charter by majority vote of the registered voters voting at such election. SECTION 14.12 CHARTER REVIEW COMMISSION (c) Term of Office. The term of office of such Charter Review Commission shall be six(6)months,or sooner if a report is presented to the City Council prior to said term of office. If during such six (6) month term no report is presented to the City Council, then all records of the proceedings of such Commission shall be filed with the person performing the duties of the City Ses y Clerk and shall become a public record. • Arguments in favor of the proposed amendment. The term "City Secretary" is an out-dated term that does not correctly depict the duties of the position. The City Secretary duties and responsibilities are similar to the duties and responsibilities of the County Clerk. The term "City Clerk" is more modern and the majority of cities in Texas now refer to the position as the City Clerk Arguments in opposition of the proposed amendment. Elections are time consuming and expensive. Current language has not caused a problem in the past. 10 is r t DRAFT.•612111 RECOMMENDATION NO. 3: Changing the term "telecopier number"to"email address." SECTION 7.02 COMMENCEMENT OF PROCEEDINGS; PETITIONERS'COMMITTEE;AFFIDAVIT Any five (5) or more qualified voters of the City may commence initiative or referendum proceedings by filing with the City Secretary an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses,and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. No later than ten(10) days after the date that the aforesaid affidavit is filed and received by the City Secretary, supplemental affidavits may be filed adding names to the petitioners' committee membership. The affidavit shall also designate one member as the Committee Chairperson and state the name, address and teleGOPiff no email address (if any) of the Committee Chairperson to which all notices provided herein shall be served. The name of the Committee Chairperson may be changed by an amendment to the affidavit signed by at least a majority of the committee members. • All notices provided for herein may be served on the Committee Chairpersonpersonal p y rperso by delivery, bye electronic document transfer to the current-telesepieF numbe email address, if any, or by mail, which shall be complete upon deposit of the paper, enclosed in a postpaid, properly addressed wrapper, in a post office or official depository under the care and custody of the United States Postal Service. Within ten(10)business days after the affidavit of the petitioners' committee is filed, the person performing the duties of City Secretary shall issue the appropriate petition blanks to the petitioners' committee. Arguments in favor of the proposed amendment: Updates terminology and acknowledges that technology has replaced faxes with emails. Arguments in opposition of the proposed amendment. Elections are time consuming and expensive. Current language has not caused a problem in the past. • 11 DRAFT.612/11 • RECOMMENDATION NO. 4: Correcting spelling error and paragraph reference in Sec. 12.02. SECTION 12.02 QUALIFICATIONS (a) Each candidate for an appointment as a member of the Planning and Zoning Commission shall meet the following requirements: (1) be a registered voter of the City; (2) have resided for at least twelve (12) months preceding appointment within the corporated limits of the City, including territory annexed prior to appointments;and (3) not be in arrears in the payment of any taxes or other liabilities due the City. "In arrears" is defined herein to mean that payment has not been received within ninety (90) days from due date. (b) In addition to any other qualifications prescribed by law, each member of the Planning and Zoning Commission shall continue to meet the conditions of Section 12.020 while in office. • Arguments in favor of the proposed amendment: Corrects a spelling error and clarifies a section reference. Arguments in opposition of the proposed amendment: Elections are time consuming and expensive. Current language has not caused a problem in the past. 12 is I i • DRAFT.•6/2/11 RECOMMENDATION NO. 5: Clarifying the duties and responsibilities of the Planning and Zoning Commission. SECTION 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; (3) study plats and plans of proposed subdivisions and insure that all plats and plans conform to the City's subdivision and development ordinances;and (4) annually meem.m.end-a five(5)yeaFGapital improvement Program!8 4he City ; (5) annual!),Feeeffiffiend mi annewa ion plan to the Gity Geufieil* (6) annuallly Feview the General Plan for- the City and r-eeemmend te the Gity Council any eha A (7)--perform such other functions as may be duly delegated to them from time to time by the City Council. Amuments in f ivor of the proposed amendment: The powers and duties listed in the Charter are out-dated and the Planning and Zoning Commission so longer performs the duties that are proposed to be deleted. Arguments in opposition of the proposed amendment: Elections are time consuming and expensive. Current language has not caused a problem in the past. The duties of the Planning and Zoning Commission should remain the same. • 13 DRAFT.•6/2/11 • RECOMMENDATION NO. 6: Clarifying that the referendum provisions do not apply to ordinances authorizing the issuance of bonds. SECTION 7.01. General Authority (a) Initiative.The qualified voters of the City shall have power to propose ordinances to the City Council,except ordinances appropriating money or levying of taxes,or applicable to zoning,not in conflict with this Charter,the state Constitution,or the state laws;and,if the City Council fails to adopt an ordinance so proposed,to adopt or reject it at a City election. (b) Referendum.The qualified voters of the City shall have power to require reconsideration by the City Council of any adopted ordinance and, if the City Council fails to repeal an ordinance so reconsidered,to approve or reject it at a City election,provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes,or applicable to zoning,or to the issuance of bonds ' theretefexe held. Arguments in favor of the proposed amendment: Arguably the current Charter language would allow citizens to file a petition to repeal an ordinance issuing revenue bonds for years after the ordinance was adopted by the City Council. This could cause significant problems with the City issuing revenue bonds to construct critical improvements to the water and wastewater treatment systems. It was never the intention to give the voters this power. Arguments in opposition of the proposed amendment: Elections are time consuming and expensive. Current language has not caused a problem in the past. Voters should retain the right to repeal an ordinance issuing bonds that was not approved by an election. 14 • r DRAFT. 64M] RECOMMENDATION NO. 7: Amending the election ballot language to comply with state statutes. SECTION 5.03. Official ballots. (a) Names on Ballot.The name of each candidate nominated for office,except those who have withdrawn,died or become ineligible,shall be printed on the official ballots without party designation or symbol,and in the form designated by the candidate. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion,their residence addresses shall be printed with their names on the ballot. (b) Order of Listing.The order on the ballot of the names of the candidates shall be determined by lot in a drawing to be held under the supervision of the City Secretary. (c) Early Voting Ballots.Procedures for early voting shall be consistent with V.T.C.A, Election Code,title 7,subtitle A. (d) Ballots for Ordinances,Bond Issues,and Charter Amendments.An ordinance,bond issue or Charter amendment,to be voted on by qualified voters of the City,shall be presented • for voting by ballot title.The ballot title of a measure may differ from its legal title and shall be a clear,concise statement,approved by a majority of the entire City Council describing the substance of the measure without argument or prejudice. Below the ballot title shall appear-the fellewing quastion- " Sh-all the-ah-eve described(or-dinanee)(bond issue)(ameadfneRt)be adopted?" 1flimedia4eb,belem,er to the left of sueh question shall appeff,in the fAIIAWIng Gr er.'th a "3 " 7 ��t�i.�� L 1 b. L' 1, ixo vias �S—caiv '�eaGrr�iittt it bo�ir4n whi h the voter-meY east his or-hervete by mar-king a er-ess(X)The words"FOR"and, below it, "AGAINST"shall be printed to the left of the proposition so that the voter may cast his or her vote in accordance with ballot instructions. (e) Write-In Votes.Procedures for write-in votes shall be consistent with V.T.C.A.,Election Code,as amended. Arguments in favor of the proposed amendment. Current language setting out required election ballot language is inconsistent with State statutes. This has caused a problem with the printing of ballots. Arguments in opposition of the proposed amendment. Elections are time consuming and expensive. • 15 DRAFT: 4/29/11 • Proposed Amendment No. 1 Clarifying that some matters require an affirmative vote of more than four council members. SECTION 3.10 QUORUM Four City Council members shall constitute a quorum for the purpose of transaction of business and no action of the City Council, cheep* as pfevidea in Seetien 3.06, shall be valid or binding unless adopted by the affirmative vote of four or more members of the City Council, except where a greater number of affirmative votes is expressly provided herein. • Proposed Amendment No.2 Changing the term "City Secretary"to"City Clerk". SECTION 4.01 CITY MANAGER (e) Acting City Manager: The City Manager, within sixty (60) days after taking office, shall designate by letter filed with the City-SeeFetafy Clerk, a qualified administrative officer of the City to be the Acting City Manager in his or her absence or disability. Such designation shall be subject to the prior approval of the City Council. The Acting City Manager is authorized to perform the same powers and duties as the City Manager while acting in the City Manager's stead. No member of the City Council shall serve as Acting City Manager. From time to time the City Manager may remove and appoint another Acting City Manager, also with the prior approval of the City Council. The Acting City Manager shall perform the duties of the City Manager until the City Manager returns or his or her disability shall cease or until the City Council designates another person to perform such duties. SECTION 4.05 CITY CLERK The City Manager shall appoint the City-Seemwy Clerk and such Assistant City Seer-etwies Clerks as the City Council shall deem advisable. The duties of the City-Seeretety Clerk, and Assistant City Clerks, shall be as follows: (a) to give notice of City Council meetings; (b) to keep the minutes of the proceedings of such meetings; (c) to authenticate by his or her signature and record in full a book kept and indexed for the purpose,all ordinances and resolutions; and (d) to perform such other duties as the City Council shall assign,and those elsewhere provided for in this Charter. SECTION 5.01 CITY ELECTIONS (c) Voter Eligibility List. A certified list of voter registrants within the City, as prepared by the County Election Administrator, shall be maintained on file in the office of the City See retafy Clerk. If for a purpose relating only to a City election or to candidates or issues involved in such election, any organization, group or person requests a list of qualified voters of the City, permission to copy the current list shall be granted by the City-Seeretery Clerk. 2 • SECTION 5.02 FILING FOR OFFICE (4) No candidate shall be placed on the ballot unless his or her application is accompanied by either (1) a filing fee of fifty dollars ($50.00), or (2) a petition signed by qualified voters residing in the City equal in the number to the greater of. (a)twenty-five, or (b) one-half of one percent of the total vote received by all candidates for mayor in the most recent mayoral regular election. The signed petition shall be filed with the City Seamtafy Clerk, together with the candidate's sworn application. Each signer next to his or her signature shall indicate the signer's date of birth, date of signing,the signer's printed name, and the street address of his or her place of residence, including the county of residence. SECTION 5.03 OFFICIAL BALLOTS (b) Order of Listing. The order on the ballot of the names of the candidates shall be determined by lot in a drawing to be held under the supervision of the City-Seemtafy Clerk. SECTION 6.02 PETITION FOR RECALL . Before the question of recall of such officer shall be submitted to the qualified voters of the City, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of the City-Seemwy Clerk;which said petition shall be signed by qualified voters of the City equal in number to at least ten percent(10%)of the number of qualified voters as currently certified to by the County Election Administrator. Such petition shall contain a general statement of the grounds for which the removal is sought. A signature on a petition for recall is valid only if the petition includes the following information with respect to each signer: (a) the signer's residence address, including the county; (b) the signer's date of birth and the signer's voter registration number; (c) the date of signing; and (d) the signer's printed name. SECTION 6.03 RECALL PROCEDURE Any qualified voters of the City may make and file with the person performing the duties of City-Seemtsfy Clerk an affidavit containing the name or names of the officer(s)whose removal is sought and a statement of the grounds for removal. The CityClerk shall immediately notify in writing the officer(s) sought to be removed that the affidavit has been filed and shall inform the officer(s)of its statement of grounds. The City-Seeretai-f Clerk shall within a period of two (2) working days from the time the affidavit was filed thereupon make available to the qualified voters making such affidavit copies of petition blanks demanding such removal. The City-,eemtaFy Clerk shall keep a sufficient number of such printed petition blanks on hand for 3 • distribution. Such blanks when issued by the City-Seefete- Clerk shall bear the signature of the City-SeereteFy Clerk and be of such form as prescribed in Section 6.04 of this Article, and shall be numbered, dated, and indicate the name of the person to whom issued. The City-SeeretaFy Clerk shall enter in a record to be kept in his or her office the name of the qualified voters to whom the petition blanks were issued and the number to said person. SECTION 6.04 FORM OF RECALL PETITION The recall petition mentioned above must be addressed to the City Council of the City of Round Rock, must distinctly and specifically state the ground(s) upon which such petition for removal is predicated, and, if there be more than one ground, such as for incompetency, noncompliance with this Charter, misconduct or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed, notice of such matters and things with which he or she is charged. Recall petition papers provided by the person performing the duties of City-SeeMmy Clerk shall be in form substantially as follows: We the undersigned qualified voters of the City of Round Rock hereby demand the question of removing (Name of Person) from the office of(Name of Office) be submitted to a vote of the qualified voters of the City. The charges and specifications upon which this demand for removal is predicated are as follows: . Signature Printed Name Address, including county Date of Birth Voter Registration No. The signatures shall be verified by oath in the following form: "STATE OF TEXAS § COUNTY OF WILLIAMSON § I, , being first duly sworn, on oath depose and say that I am one of the signers of the above petition; and that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. Sworn and subscribed to before me this day of Notary Public in and for Williamson County,Texas" 40 4 SECTION 6.05 VARIOUS PAPERS CONSTITUTING RECALL PETITION (a) The petition may consist of one or more copies, or subscription list, circulated separately, and the signatures thereto may be upon the paper or papers containing the form of petition,or upon other papers attached thereto. Verifications provided for in the next preceding section of this Article may be made by one or more petitioners, and the several parts or copies of the petition may be filed separately and by different persons; but no signatures to such petition shall remain effective or be counted which were placed thereon more than forty-five (45) days prior to the filing of such original petition or petitions with the person performing the duties of City-Seemwy Clerk on the same day,and the said-Seeretery Clerk shall immediately notify, in writing by registered mail, the officer so sought to be removed,by mailing such notice to such officer's address. SECTION 6.06 PRESENTATION OF RECALL PETITION TO CITY COUNCIL The person performing the duties of CityClerk shall present such certified petition to the City Council at the next regular City Council meeting. SECTION 6.12 FAILURE OF CITY COUNCIL TO CALL AN ELECTION In case all of the requirements of this Charter shall have been met and the City Council shall fail or refuse to receive the recall petition, or to order such recall election, or to discharge any other duties imposed upon said City Council by the provisions of this Charter with reference to such recall, then the County Judge of Williamson County, Texas, or other judge of competent jurisdiction shall discharge any such duties herein provided to be discharged by the person performing the duties of City-Seenta}Clerk or by the City Council. SECTION 7.02 COMMENCEMENT OF PROCEEDINGS; PETITIONERS' COMMITTEE;AFFIDAVIT Any five(5)or more qualified voters of the City may commence initiative or referendum proceedings by filing with the City­8eefetafyClerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. No later than ten (10) days after the date that the aforesaid affidavit is filed and received by the City-SeemCler supplemental affidavits may be filed adding names to the petitioners' committee membership. The affidavit shall also designate one member as the Committee Chairperson and state the name, address and telecopier number (if any) of the Committee Chairperson to which all notices provided herein shall be served.The name of the Committee Chairperson may be changed by an amendment to the affidavit signed by at least a majority of the committee members. All notices provided for herein may be served on the Committee Chairperson by personal delivery, by telephonic document transfer to the current telecopier number, if any, or by mail, 5 which shall be complete upon deposit of the paper, enclosed in a postpaid, properly addressed wrapper, in a post office or official depository under the care and custody of the United States Postal Service. Within ten(10)business days after the affidavit of the petitioners' committee is filed, the person performing the duties of City-SeeFetaFy Clerk shall issue the appropriate petition blanks to the petitioners' committee. SECTION 7.04 DETERMINATION OF SUFFICIENCY (a) Certificate of City-SeeFetaf}Clerk. Within ten(10)days after the petition is filed,the person performing the duties of City-Seemtofy Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall immediately upon completion of certification serve a copy of the certificate to the Committee Chairperson,as set forth in Section 7.02. (b) Sufficient Petition,Final Determination. I If the petition is certified sufficient, the person performing the duties of City SeeFetary Clerk shall present the certificate to the City Council by the next regular City Council meeting and the certificate shall be a final determination as • to the sufficiency of the petition. (c) Insufficient Petition,Final Determination. If a petition is certified insufficient, and the petitioners' committee does not elect to request City Council review under subsection (d) of this section within the time required, the City--&ee�et� Clerk shall present a certificate to the City Council by the next regular City Council meeting which shall be a final determination of the insufficiency of the petition. SECTION 7.06 ACTION ON PETITIONS (c) Publication of Proposed and Referred Ordinance. The person performing the duties of City-geeretaFy Clerk shall give such notices and do such other things relative to such election as are required in general municipal elections or by the ordinance calling said election. (d) Withdrawal of Petition. An initiative or referendum petition may be withdrawn at any time prior to the I time the petition has been determined to be sufficient by filing with the City SeeFetafy Clerk a request for withdrawal signed by at least eighty percent(80%) of the members of the petitioners' committee. Upon filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. 6 SECTION 8.10 INDEPENDENT AUDIT At the close of each fiscal year, and at such other times as it may be deemed necessary, the Council shall cause an independent audit to be made of all accounts of the City by a certified public accountant. The certified public accountant so selected shall have no personal interest, directly or indirectly, in the financial affairs of the City or any of its officers.Upon completion of the audit, a copy of the audited annual financial report shall be placed in the public library and placed on file in the CityClerk's office as public record. SECTION 9.01 BORROWING FOR CAPITAL IMPROVEMENTS (e) The procedure for adoption of any ordinance relative to borrowing for capital improvements shall be: (1) A copy of the proposed ordinance shall be furnished to (1)each member of the City Council, (2)the City Attorney, and(3)any citizen of the City for inspection upon request to the CityCler at least three days before the date of the meeting at which the ordinance is to be considered. (2) Any ordinance relative to borrowing for capital improvements may be adopted and finally passed at the meeting at which it is introduced. iSECTION 14.07 NOTICE OF CLAIM AGAINST CITY Before the City shall be liable to damage, claim, or suit for personal injury, or damage to property, the person who is injured or whose property has been damaged or someone in such person's behalf shall give the City Manager or the City­See Clerk notice in writing under oath within forty-five(45)days after the date of the alleged damage or injury stating specifically in such notice when, where and how the injury or damage was sustained, setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses known to claimant upon whose testimony claimant is relying to establish the injury or damage. In case of injuries resulting in death,the person or persons claiming damage shall within forty-five (45) days after the death of the injured person give notice as required above. Provided that nothing herein contained shall be construed to mean the City waives any rights, privileges, defenses or immunities in tort actions which are provided under the common law,the constitution and laws of the state of Texas. SECTION 14.10 SUBMISSION OF CHARTER TO VOTERS The Charter Commission in preparing this Charter concludes that it is impracticable to segregate each subject so as to permit a vote of"yes"or"no"on the same, for the reason that the Charter is so constructed that in order to enable it to work and function, it is necessary that it should be adopted in its entirety. For these reasons, the Charter Commission directs that the said Charter be voted upon as a whole and that it shall be submitted to the voters of the City at an election to be held for that purpose on August 13, 1977. Not less than thirty (30) days prior to such election,the City Council shall cause the City-8eemtery Clerk to mail a copy of this Charter 7 . to each registered voter of the City as appears from the latest certified list of registered voters. If a majority of the registered voters voting in such election shall vote in favor of the adoption of this Charter, it shall become the Charter of the City of Round Rock, and after the returns have been canvassed, the same shall be declared adopted and the CityClerk shall file an official copy of the Charter with the Records of the City. The-geeretafy Clerk shall furnish the Mayor a copy of said Charter, which copy of the Charter so adopted, authenticated and certified by signature and the seal of the City, shall be forwarded by the Mayor to the Secretary of the state of Texas and shall show the approval of such Charter by majority vote of the registered voters voting at such election. SECTION 14.12 CHARTER REVIEW COMNIISSION (c) Term of Office. The term of office of such Charter Review Commission shall be six(6) months, or sooner if a report is presented to the City Council prior to said term of office. If during such six(6)month term no report is presented to the City Council,then all records of the proceedings of such Commission shall be filed with the person performing the duties of the City—SeeFetafy Clerk and shall become a public record. i g . Proposed Amendment No. 3 Changing the term "telecopier number" to "email address." SECTION 7.02 COMMENCEMENT OF PROCEEDINGS; PETITIONERS' COMMITTEE; AFFIDAVIT Any five(5)or more qualified voters of the City may commence initiative or referendum proceedings by filing with the City Secretary an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. No later than ten(10) days after the date that the aforesaid affidavit is filed and received by the City Secretary, supplemental affidavits may be filed adding names to the petitioners' committee membership. The affidavit shall also designate one member as the Committee Chairperson and state the name, address and-teleeepier-numb email address (if any) of the Committee Chairperson to which all notices provided herein shall be served. The name of the Committee Chairperson may be changed by an amendment to the affidavit signed by at least a majority of the committee members. . All notices provided for herein may be served on the Committee Chairperson by personal delivery, by-telepkenie electronic document transfer to the current-teleeepier•-aea be email address, if any, or by mail, which shall be complete upon deposit of the paper, enclosed in a postpaid, properly addressed wrapper, in a post office or official depository under the care and custody of the United States Postal Service. Within ten(10)business days after the affidavit of the petitioners' committee is filed,the person performing the duties of City Secretary shall issue the appropriate petition blanks to the petitioners' committee. • 9 • Proposed Amendment No. 4 Correcting spelling error and paragraph reference in Sec. 12.02. SECTION 12.02 QUALIFICATIONS (a) Each candidate for an appointment as a member of the Planning and Zoning Commission shall meet the following requirements: (1) be a registered voter of the City; (2) have resided for at least twelve (12) months preceding appointment within the corporated limits of the City, including territory annexed prior to appointments; and (3) not be in arrears in the payment of any taxes or other liabilities due the City. "In arrears" is defined herein to mean that payment has not been received within ninety(90)days from due date. (b) In addition to any other qualifications prescribed by law,each member of the Planning and Zoning Commission shall continue to meet the conditions of Section 12.02La)while in office. i • 10 Proposed Amendment No. 5 Clarifying the duties and responsibilities of the Planning and Zoning Commission. SECTION 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; (3) study plats and plans of proposed subdivisions and insure that all plats and plans conform to the City's subdivision and development ordinances; and (4) annually Feeemmend a five (5) year- Capital impr-evefflent Pr-egrafn to the C4ty Getifteil; (5) afintialb,r-eeeffiffiend an annexation plaft to the City Couneil-, Couneil any ehange;and (7) perform such other functions as may be duly delegated to them from time to time by the City Council. • 11 • Proposed Amendment No. 6 Clarifying that the referendum provisions do not apply to ordinances authorizing the issuance of bonds. SECTION 7.01. General Authority (a) Initiative. The qualified voters of the City shall have power to propose ordinances to the City Council,except ordinances appropriating money or levying of taxes,or applicable to zoning,not in conflict with this Charter,the state Constitution,or the state laws; and, if the City Council fails to adopt an ordinance so proposed,to adopt or reject it at a City election. (b) Referendum. The qualified voters of the City shall have power to require reconsideration by the City Council of any adopted ordinance and, if the City Council fails to repeal an ordinance so reconsidered,to approve or reject it at a City election,provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes,or applicable to zoning,or to the issuance of bonds held. 12 • Proposed Amendment No. 7 Amending the election ballot language to comply with state statutes. SECTION 5.03. Official ballots. (a) Names on Ballot. The name of each candidate nominated for office,except those who have withdrawn,died or become ineligible, shall be printed on the official ballots without party designation or symbol,and in the form designated by the candidate. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion,their residence addresses shall be printed with their names on the ballot. (b) Order of Listing. The order on the ballot of the names of the candidates shall be determined by lot in a drawing to be held under the supervision of the City Secretary. (c) Early Voting Ballots. Procedures for early voting shall be consistent with V.T.C.A,Election Code,title 7, subtitle A. (d) Ballots for Ordinances,Bond Issues,and Charter Amendments.An ordinance, bond issue or Charter amendment,to be voted on by qualified voters of the City, • shall be presented for voting by ballot title.The ballot title of a measure may differ from its legal title and shall be a clear,concise statement,approved by a majority of the entire City Council describing the substance of the measure without argument or prejudice. questien. "Shall the abeve deser-ibed(eFdinanee)(bend issue)(amendment)be adepted?" limmediately below er-te the left ef seeh question shall appeaf, in the €ellewingorder-,-the words es'an "No" eeeh The words"FOR"and,below it, "AGAINST"shall be printed to the left of the proposition so that the voter may cast his or her vote in accordance with ballot instructions. (e) Write-In Votes. Procedures for write-in votes shall be consistent with V.T.C.A., Election Code,as amended. • 13