HomeMy WebLinkAboutColleyville Charter Review Committee-Agenda Packets-1/5/2005
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PUBLIC NOTICE
COLLEYVILLE CITIZEN'S CITY CHARTER REVIEW COMMITTEE
AGENDA
JANUARY 5, 2005
7:00 P.M.
CITY HALL
100 MAIN STREET
CITY MANAGER'S CONFERENCE ROOM
THIRD FLOOR
I. Call to Order
II. Approval of December 29,2004 Minutes
III. Review and discussion of possible modifications of the Colleyville City
Charter
IV. Discussion of selecting meeting dates
V. Discussion of items to be placed on the next agenda
VI. Adjournment
I certify that this notice was posted on the bulletin boards at City Hall on
Thurnday, D;Z~~
CY~leton, TRMC
City Secretary
100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000
MEMORANDUM
Office of City Manager
TO:
FROM:
SUBJECT:
DATE:
City Charter Review Committee
Bill Lindley
January 5, 2005 meeting
December 30,2004
Included with this packet is a memo sent to the City Attorney in response to the
various questions raised during your meeting last evening. I anticipate receiving
a response from within the next two weeks. Due to the short week, we will
provide a draft copy of the minutes for last nights meeting by email on Monday. I
apologize for any inconvenience this may create for you. As a reminder, the
Committee agreed to discuss possible extension of meeting dates at next weeks
meeting. As such, it would be helpful for you to review your calendar for possible
meeting conflicts.
MEMORANDUM
Office of City Manager
TO:
Ross Foster, City Attorney
Cc: City Charter Committee
Bill Lindley
January 5, 2005 meeting
December 30,2004
Via Electronic Mail
FROM:
SUBJECT:
DATE:
During the December 29, 2004 City Charter Review Committee meeting, the
following questions were raised for response by you. I appreciate your taking the
time to review and provide information for the Committee's consideration. Please
give me a call should I be able to provide clarification.
Question 1:
The Committee is considering various changes to the Charter. In some cases
this involves modifying (partially or completely) the title of a particular Section. In
other cases, a modification involves grammatical changes. In the remaining
category, there are varying levels of change to the current text (including up to a
complete rewrite). In each instance, how would the City Charter ballot be
worded?
Question 2:
The Committee is considering adding text to clarify limitations on issues for
referendums/initiatives as provided in Sect. 6.01. This question relates to item 6
of your 12-8-04 memo to me. By example, the Committee is considering
including language (underlined and in italics) provided in South lake's Charter,
which reads:
Initiative: The qualified voters of the City shall have the power to propose
ordinances to the Council, and if the Council fails to adopt an ordinance so
proposed without any change in substance, to adopt or reject it at a City
election, provided that such power shall not extend to the budqet or capital
proqram or any emerqency ordinance or ordinance relatinq to zoninq,
appropriation of money or levy of taxes, issuance of bonds and notes of
borrowinq of money. Such power may be used to enact a new ordinance,
or to repeal or to amend sections of any existinq ordinances.
Referendum: The qualified voters of the City shall have the power to require
reconsideration by the Council of any adopted ordinance, and if the 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 budqet or capital
proqram or any emerqencv ordinance or ordinance relatinq to zoninq,
appropriation of money or levv of taxes. issuance of bonds and notes of
borrowinq of money.
Question 3:
The Committee would like you to advise how ballot wording for
referendums/initiatives be provided for compliance with Sect. 6.05 of the Charter.
As an example, would listing the preamble of an Ordinance be adequate or
would preparation of descriptive text be required for the ballot item. The
Committee had general discussion with relation to the State Election Code
containing requirements of how a ballot item has to be presented to the voter. As
such, the Committee additionally requested you provide an excerpt of this section
of State Election Code for the Committees review.
Question 4:
The City Charter provides for veto authority by the Mayor. Is this authority
expressly provided by the State Constitution or statutes? If not provided by state
law, then what is the legal structure to allow veto authority by a Mayor in a Home
Rule City?
ARTICLE VI
LEGISLATION BY THE PEOPLE, INITIATIVE
AND REFERENDUM
Section 6.01 General Power:
The qualified voters of the City of Colleyville, in addition to the method of legislation hereinbefore
provided, shall have the power of direct legislation by the initiative and referendum.
Section 6.02 Initiative:
The people of the City of Colleyville reserve the power of direct legislation by initiative, and in
exercise of such power may initiate legislation by submitting a petition addressed to the Q!y
Council, which requests the submission of a proposed ordinance or resolution to a vote of the
qualified voters of the City. Said petition must be signed by qualified voters of the City equal in
number to at least forty percent (40%) of the number of votes cast at the last regular municipal
election of the City, but in no event less than five hundred (500) such petitioners. Each copy of the
petition shall have attached to it a copy of the proposed legislation. The petition shall be signed in
the same manner as recall petitions are signed as provided in Section 5.02 of this Charter, and
shall be verified by oath in the manner and form provided by recall petitions in Section ,5.03 pfthis
Charter. The petition may consist of one (1) or more copies as permitted for recall petitions in
Section ~.04 pI this Charter. . SuchpetitiClll shall ~e filed with the person .perfClrrning. the duties of
the City Secretary and must be certified as required by Section 5.04 of this Charter. At the next
regular Council meeting after the filing of such a petition, the person performing the duties of City
Secretary shall present said petition and proposed ordinance or resolution to the Council. Upon
presentation of the petition and draft of proposed ordinance or resolution, the City Council shall
pass and adopt such ordinance or resolution as provided in Article III of this Charter, without
alteration as to meaning or effect in the opinion of the person filing the petition, or call a special
Comment: Verify reference
reference
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election, as provided by law, at which the qualified voters of the City shall vote on the question of
adopting or rejecting the proposed legislation. However, if any other municipal election is to be
held within sixty (60) days after the filing of the petition, the question may be voted on at such
election. (Amended April 7, 1984)
Section 6.03 Referendum:
Qualified voters of the City may require that any ordinance or resolution, with the exception of
ordinances or resolutions authorizing the issuance of either tax bonds or revenue bonds, whether
original or refunding, passed by the Qi!Y Council be submitted to the voters of the City for approval
or disapproval, by submitting a petition for this purpose within ninety (90) days after final passage
of said ordinance or resolution, or within ninety (90) days after its publication. Said petition shall be
addressed, prepared, signed, and verified as required for petitions initiating legislation as provided
in Section 6.02 of this Charter, and shall be submitted to the person performing the duties of City
Secretary. Immediately upon the filing of such petition, the person performing the duties of City
Secretary shall present said petition to the City Council. Thereupon the ~ Council shall
immediately reconsider such ordinance or resolution, and if it does not entirely repeal the same,
shall submit it to popular vote as provided in ~ection 6.02 pfthisCharter.Pending,the holding of
such election, such ordinance or resolution shall be suspended from taking effect and shall not
later take effect unless a majority of the qualified voters voting thereon at such election shall vote in
favor thereon.
Should the popular vote be to uphold the ordinance or resolution, no other referendum election
may be held on the same and/or similar ordinance or resolution within six (6) months. But should
the same and/or similar ordinance or resolution be passed by the City Council after invalidation by
popular vote, a referendum petition may be filed again as outlined in Article VI of this Charter.
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reference
reference
Section 6.04 Voluntarv Submission of Leqislation bv the Council:
The ~ Council, upon its own motion and by a majority vote of its members, may submit to
popular vote at any election for adoption or rejection any proposed ordinance or resolution or
measure, in the same manner and with the same force and effect as provided in this Article for
submission on petition, and may in its discretion call a special election as provided by law for this
purpose.
Section 6.05 Form of Ballots:
The ballots used when voting upon such proposed and referred ordinances, resolutions or
measures, shall set forth their nature sufficiently to identify them and shall also set forth upon
separate lines the words:
"FOR THE ORDINANCE" and
"AGAINST THE ORDINANCE", or
"FOR THE RESOLUTION" and
"AGAINST THE RESOLUTION".
Section 6.06 Publication of Proposed and Referred Ordinance or Resolution:
The person performing the duties of City Secretary shall publish at least once in the official
newspaper of the City ofCi~IIQY'~iU(), the notice of special referendum election and the preamble of
proposed or referred ordinance or resolution, and shall give such other notices and do such other
things relative to such election as are required in general municipal elections or by the ordinance or
resolution calling said election.
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Section 6.07 Adoption of Ordinances or Resolutions bv Referendum or Initiative::
If a majority of the qualified voters voting on a proposed ordinance or resolution or measure shall
vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective. as a law or
as a mandatory ordor to the Council. No sianature of the Mavor shall be reauired.
Section 6.08 Inconsistent Ordinances or Resolutions:
If the provisions of two (2) or more proposed ordinances or resolutions approved at the same
election are inconsistent, the ordinance or resolution receiving the highest number votes shall
prevail.
Section 6.09 Ordinances or Resolutions Passed bv Popular Vote.
Repeal or Amendment:
No ordinance or resolution which may have been passed by the Q!y Council upon petition or as a
result of a popular vote under the provisions of this article shall be repealed or amended for a
period of five (5) years, unless there is included in such ordinance or resolution a clause which
establishes a lesser period of time in which said ordinance or resolution shall not be repealed or
amended, or unless said ordinance or resolution is repealed or amended upon referendum vote or
by submission as provided in ~ection 6.02 pfthis Charter.(AmendedApriI7,197~)
Section 6.10 Further Reaulations bv City Council:
The Q!y Council may pass ordinances or resolutions providing other and further regulations for
carrying out the provisions of this Article not inconsistent herewith.
Section 6.11 Franchise Ordinances:
Nothing contained in this Article shall be construed to be in conflict with any of the provisions of this
Charter pertaining to ordinances granting franchises.
thereuhder.
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reference
Section 6.12 Compellinq Submission:
In the event a court of competent jurisdiction renders a final, nonappealable judgment directing
issuance of a writ of mandamus compelling the City Council to comply with the duties imposed
upon it by Sections 6.02 or 6.03 of this article the City shall pay the reasonable attorney's fees
incurred by the person or persons bringing the action to compel compliance with same. (Amended
April 7, 1984)
ARTICLE VII
ADMINISTRATIVE ORGANIZATION
Section 7.01 City Manaqer:
A. Appointment and Qualifications:
The Qi!Y Council by a vote of not less than four (4) members shall appoint the City
Manager for an indefinite term and fix the Manager's compensation. The City Manager shall be
appointed solely on the basis of executive and administrative qualifications. The Qi!Y Manager
need not be a resident of the City or State at the time of appointment. The City Manager may not
reside outside the City while in office without the approval of the Qi!Y Council. (Amended
April 7, 1984)
B. Removal:
The City Manager may be removed from office by a vote of not less than four (4)
members of the Qi!Y Council, including tho Maj'{Jr. (Amended January 18, 1992)
C. Actinq City Manager:
By a letter filed with the City Secretary, the City Manager may designate a City
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reference
officer or employee to exercise the powers and perform the duties of the City Manager during the
QJ!y Manager's temporary absence or disability. The City Council may revoke the Q!y Manager's
designation and may appoint an officer or employee of the City to serve during the Q!y Manager's
absence or disability. (Amended January 18, 1992)
D. Powers and Duties of the City Manaqer:
(1) The City Manager shall be the chief administrative officer of the City,
responsible to the Q!y Council for the administration of all City affairs placed in the Manager's
charge by or under this Charter. The City Manager shall:
(2) Appoint, suspend or remove all City employees and appointed
administrative officers in accordance with the provisions of State law, this Charter and the
ordinances of the City. The City Manager may delegate to an administrative officer, subject to the
Q!y Manager's direction and supervision, the authority to exercise the power to appoint, suspend
or remove employees working under the administrative officer;
(3) direct and supervise the administration of all departments, as otherwise
provided by this Charter, except as otherwise provided by this Charter or by law;
(4) attend all City Council meetings, and participate in the discussion to the
extent required by the council;
(5) provide for the faithful execution and enforcement of all laws, this Charter,
and acts of Q!y the Council;
(6) prepare and submit the annual budget and capital program to the City
Council;
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(7) submit to the City Council and make available to the public a complete
report on the finances and administrative activities of the City as of the end of each fiscal year;
(8) make such other reports as the City Council may require concerning the
operations of the City departments, offices and agencies subject to the City Manager's direction
and supervision;
(9) keep the City Council fully advised as to the financial condition and future
needs of the City;
(10) make recommendations to the City Council concerning the affairs of the
City;
(11) provide staff support services for the Mayor, Q!y Council members, and
appointed commissions, boards, and committees; and
(12) perform such other duties as are specified in this Charter or as may be
required by the City Council. (Amended January 18, 1992)
Section 7.02 City Secretary:
The City Manager shall appoint a qualified individual to fill the position of City Secretary, witAtAo
qpptQ'..qlq~tboCitJ'~oun()il. The City Secretary shall not be appointed for a definite term, but may
be removed from office by the City Manager '....ith tho appro'l31.bf1meGity COt.moil.
(1) Give notice of and attend all official public meetings of the Q!y Council;
(2) Record the minutes and proceedings of all official public meetings of the
Q!y Council; provided, however, that only the title and caption of duly
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enacted ordinances shall be recorded in the minutes;
(3) Act as custodian of all official records of the ~ Council;
(4) Hold and maintain the Seal of the City and affix this Seal to all appropriate
documents;
(5) Authenticate by signature and Seal, and record in a book kept and indexed
for the purpose, all ordinances and resolutions of the City; and
(6) Perform such other duties as may be required by the City Manager, the City
Council, this Charter, or by ~ State laws Q~~lJQ$t@~'9i:>f1fo*tlS and not
inconsistent with other provisions of this Charter.
Section 7.03 Department of Police:
There shall be established and maintained a Department of Police to preserve order within the City
and to secure the residents of said City from violence and the property therein from injury or loss.
A. Chief of Police:
The Chief of Police shall be the chief administrative officer of the Department of
Police. He shall appoint and remove the employees of said department and shall perform such
duties as may be required of him by the City Manager. The Chief of Police shall be appointed by
the City Manager, 'Niththoappr<>Y~1 of theCitYCQul'lGU, for an indefinite term. The Chief of Police
shall be fully responsible to the City Manager for the administration of his Department, and for the
carrying out and enforcement of the resolutions and ordinances of the City Council. He may be
removed from office by said City Manager, with tho :Jppro'ialdfCit'1'COllncil. (Amended April 7,
1984)
B. Special Police and Reserve Police:
No person, except as authorized by general law, by this Charter, or by the
ordinances passed pursuant hereto, shall act as a special police officer or reserve police officer.
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No person holding an elective office may act as a reserve police officer. (Amended April 7, 1984)
Section 7.04 Fire Department:
There shall be established and maintained a Fire Department to provide means for protection
against conflagrations and other disasters and to provide for the maintenance, support, and
regulation of a Fire Department and for the guarding against fires.
A. Fire Chief:
The Fire Chief shall be the chief administrative officer of the Fire Department. He
shall appoint and remove the employees of said department and shall perform such duties as may
be required by the City Manager. The Fire Chief shall be appointed by the City Manager, ~Mi~l;ltflo
$pprov$lqft/;tE:lCity CQldn~il. for an indefinite term. The Fire Chief shall be fully responsible to the
City Manager for the administration of his department, and for the carrying out and enforcement of
the resolutions and ordinances of the City Council. He may be removed from office by said City
Manager wittrtho:lpprovaldf tl10 City Coundil. (Amended April 7, 1984)
B. Volunteer Fire Department:
Authority is hereby granted to maintain a Volunteer Fire Department. No person
holding an elective office may serve as a volunteer fireman. (Amended April 7, 1984)
Section 7.05 Department of Public Works:
There shall be established and maintained a Department of Public Works to provide and maintain
water and sewer services and such other duties as the Council may direct.
A. Director of Public Works:
The Director of Public Works shall be the chief administrative officer of the
Department of Public Works. He shall appoint and remove the employees of said department and
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shall perform such duties as may be required of him by the City Manager. The Director of Public
Works shall be appointed by the City Manager, for an
indefinite term. The Director of Public Works shall be fully responsible to the City Manager for the
administration of his Department, and for the carrying out and enforcement of the resolutions and
ordinances of the City Council. He may be removed from Office by said City Manager wlthtl1!:l
3ppr~"5:llofth9 QltyOput')cil. (Amended April 7, 1984)
Section 7.06 Department of Finance:
There shall be a Department of Finance headed by the City Manager or his appointee. The City
Manager, with tho approv31 of City Council, may appoint a deputy director of finance who may be
the City Collector of Taxes. (Amended April 4, 1981)
Section 7.07 Other Departments. Boards and Commissions:
The 00 Council may abolish or consolidate any office or department except those created by this
Charter. The OilY Council may divide the administration of any such departments as it may deem
advisable and may create new departments.
The 00 Council shall create, establish, or appoint, as may be required by law, circumstances, or
this Charter, those Boards, Commissions, and Committees which are deemed necessary to carry
out the functions and obligations of the City. The 00 Council shall prescribe accountability and
tenure of each Board, Commission, and Committee where such are not prescribed by law or this
Charter.
ARTICLE VIII
LEGAL AND JUDICIAL SERVICES
Section 8.01 Municipal Court:
There shall be established and maintained a court designated as a "Municipal Court in the City of
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Colleyvi lie" , for the trial of misdemeanor offenses, with all such powers and duties as are now or
hereafter may be prescribed by the laws of the State of Texas relative to municipal courts. All fines
imposed by said court shall be paid into the City Treasury for the use and benefit of the City.
Section 8.02 Judge of the Municipal Court:
The Judge of the Municipal Court shall be appointed by the Council to serve at the discretion of the
Council. He shall be an attorney licensed and practicing in the State of Texas, and shall receive
such salary as may be fixed by the Council. In case of the disability or absence of the Judge of the
Municipal Court, the Council shall appoint a qualified person to act in his place.
Section 8.03 Clerk of the Municipal Court:
There shall be a clerk of the Municipal Court to be appointed by the City Manager With tho
conpllrreneQofJhtiCity. CQuneil>.Said . dark.. maY!'l$lq anotherpesitien. of0ityomploymont
oonbllFFentwith,Qut$ocottdaryloanqnOt inoonflict withthi$po$ition. The clerk of the court and
deputies shall have the power to administer oaths and affidavits, make certificates, affix the seal of
the court, and generally do and perform any and all acts as usual and necessary to be performed
by the clerks of courts in issuing process of said courts and conducting the business thereof.
Section 8.04 City Attorney:
The City Council shall appoint a competent and duly licensed attorney practicing law in the State
of Texas, who shall be the Attorney for the City (and may also be referred to as City Attorney). He
shall receive for his services such compensation as may be fixed by the City Council and shall hold
his office at the pleasure of the City Council. The City Attorney, or such other attorneys selected
by him with the approval of the City Council, shall represent the City in all litigation. He shall be the
legal advisor of, and attorney and counsel for, the City and all officers and departments thereof.
The City Attorney shall review and concur or dissent upon all documents, contracts, and legal
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instruments in which the City may have an interest.
The City Council shall have the right to retain special counsel at any time they may deem it
appropriate and/or necessary.
The City Attorney shall perform other duties prescribed by this Charter, ordinance, or as directed
by the City Council.
TheCitv Councilmav.contractwith.an.attornev orwithafitrn.of attornevswho m8vdesiqnate one
member of said firm. with City Council approval. to serve as City Attornev.
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