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Untitled THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512-255-8612 Fax 512-255-6676 November 8 , 1991 Mayor Mike Robinson Mayor Pro-tem Charles Culpepper Councilman Robert Stluka Councilwoman Tish Oatman Councilman Rick Stewart Councilman Earl Palmer Councilman Jimmy Joseph 221 East Main Street Round Rock, Texas 78664 Dear Mayor and Council : It has been my pleasure, over the past three months , to serve as Chairman of the Charter Review Commission. Vice- Chairman Roy Beard, Commissioners James Dunham, John Manbeck, Diane Shapiro, Jerry Van Hyfte, N .G. Whitlow and I have diligently reviewed each and every Article and Section of the Charter in detail . We held two public hearings where five individuals testified. Each testified they felt we have a very strong and workable Charter. Our Commission found there to be a number of typographical errors and some housekeeping items , however, it is our opinion that these items do not in any way warrant an election to amend the Charter. We would recommend that the list of housekeeping items we found be kept on file for any future Charter Review Commission to consider . Thank you for the opportunity to serve you and the citizens of Round Rock by Chairing the Charter Review Commission. Sincerely, Mayor e%� Mike Robinson T om 1 1 Mayor Pro-tem Chairman CharlesCulprpper Charter Review Commission Council Members Robert Stluka Tish. Oatman TG:km Rick Stewart F,arl Patm.er cc• Roy Beard Jim.myJoseph. James Dunham City Manager John Manbeek nbart L. Bennett, Jr. ity Attorney Diane Shapiro Stephan.L. Sheets Jerry Van Hyfte N.G. Whitlow • Overview of Charter Review Commission Comments Final Draft November 6, 1991 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 Typographical Error "8 . 05B" should read "8 . 05" Section 3 . 15 Bonds for City Employees Section 3 . 16 Investigative 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 • ARTICLE 5 . Nominations and Elections • Section 5 . 02 Filing for Office Section 5 . 03 Official Ballots Typographical Error "designed" should be "designated. " "Laws" should be "Code. " 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 . Initiative and Referendum Section 7 . 01 General Authority Section 7 . 03 Petitions Section 7 . 04 Determination of Sufficiency Section 7 . 05 Referendum Petitions ; Suspension of Effect of Ordinance Section 7 . 07 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 . 03(b) Annual Budget Typographical Error "revised" should read "revise . " Section 8 . 03(e) Annual Budget Typographical Error "Countil" • should read "Council . " • Section 8 . 04(a) Administration of Budget Typographical Error "obligated" should read "obligation" and one "or" between" allotment or appropriations" should be deleted. 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 Independent Audit ARTICLE 9 . Bonds Section 9 . 01 Borrowing for Capital Improvements ARTICLE 10 . Tax Administration Section 10 . 01 Department of Taxation 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 Typographical Error "Chapter" should read "Charter" Section 11 . 06 Extensions Section 11 . 07 Other Conditions Section 11 . 08 Franchise Records �I Section 11 . 09 Regulation of Rates I ARTICLE 12 . Boards and Commissions i Section 12 . 01 Boards and Commissions • Section 12 . 02 Qualifications Section 12 . 03 Members Filing For Office Section 12 . 04 Planning and Zoning Commission ARTICLE 13 . General Provisions Section 13 . 02 Official Newspaper Section 13 . 03 Nepotism Section 13 . 04 Personal Financial Interest Section 13 . 05 Assignment, Execution and Garnishment 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 • • HOUSEKEEPING ARTICLE 1 . Form of Government and Boundaries Section 1 . 03 Extension of Boundaries "Article 974 of the Revised Statutes of the State of Texas of 1925" could be amended to _reflect the current local government code . I ARTICLE 2 . Powers of City Section 2 . 02 General 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 • "Articles 1011A through 1011) 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. ' • ARTICLE 5 . Nominations and Elections Section 5 . 01(a) (b) City Elections "according to state law" could be added. Section 5 . 01 (c) The County Tax Assessor Collector prepares and maintains a current voter registration 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 " C o u n t y E l e c t i o n 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: r1 Affidavit r, of Round Rock or of the City could be added. • Section 7 . 06(b) Action on Petitions Amended to reflect compliance with the state uniform election days . ARTICLE 8 . Financial Administration Section 8 . 03(a) Annual Budget "the manager" means "City Manager. " Section 8 . 04 (b) "formal" could be amended to °regular. " Section 8 . 05 Emergency g y A ppropriations Amended to reflect compliance with state law. I ARTICLE 10 . Tax Administration A sentence could be added which • states the City may contract with an outside agency to collect City taxes . 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 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(a) (4) Prohibitions • "No appointed officer or employee" . . . appointed officer could be deleted. GENERAL COMMENTS: 1 . The Charter Review Commission suggested making the Charter "gender neutral" as a housekeeping item. 2 . Clarification of "city officer" . •