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HomeMy WebLinkAboutCity Council Resolutions (RESOLUTION R-16-4018)-08/18/2016RESOLUTION R-16-4018 A RESOLUTION OF THE CITY OF COLLEYVILLE, TEXAS ACCEPTING THE RECOMMENDATIONS OF THE COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE WHEREAS, the City Council appointed the Colleyville Citizen's Charter Review Committee on )une 21, 2016, to review the City Charter for possible modifications; and WFIEREAS, the Committee met on July 6 and July 14, 2016, to review the City Charter in prepa�ation of making recommendations to the City Council; and WHEREAS, the Committee has recommended the changes to the City Council for acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the recommendations, dated July 28, 2016, attached as Exhibit A, are hereby accepted and will serve as a guide for considering calling an election for possible City Charter modifications. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF � AYES, � NAYS, AND O ABSTENTIONS ON THIS THE 16T" DAY OF AUGUST 2016. Mayor Richard Newton � Mayor Pro Tem Chris Putnam �.� Place 1, Tammy Nakamura _� Place 5, Nancy Coplen �.� Place 2, Bobby Lindamood � Place 6, Mike Taylor �q.� Place 4, Jody Short � 7TEST: , Am helley, TRMC City Secretary CITY OF COLLEYVILLE n „�._ Richard Newton Mayor �� Exhibit A REP012T Q�' TFYE �(�LLEXVII.LE +CT1'I�ENS' CHART`�R I2�VtEW CCJMMITTEE JCJliY 2&, 201(i ResPectfuily submiEted; Frank C'arroll, C}iair lYlic6aellYXuhm, Vic� ChR�r "Claudia Bevill' Vince Hawkins �ixch Hendler 17�visl �Vledlin Shirle� �ehnllmeyer Nelson Thibodeaux �teve Walters; � �� � Tim Weymuu�h a ,; 2a�L� or e.oNTCN�s `t'ase; Table of Gontei�ts ... ...,., .....:.:. ......:.�, ,. . ..,.; .... ..... ,,.....:: ... i' [. $ackgrouncC . ...,..., ......... .. ........ . ... ..... ...... .. . . . ,. ....., ......,,......1 Tl. �[tems Ca�ered I3y t�pPointittg �esolutim�: ., .... .-. .... . . . .:.. .. .. .. .... ... . ...,,.....2�: 11T: �iVl�efi�i�s�_ot`the Cafivmttae...�,�:; ......:.. ....:..., .,.,,,..: .....,::, .. .,,..�..,.��� T�. Cammittcc niscussians�nd Rafiona]ea ....... . ........ . .... ... ...... ... ... ..:...:.....4 V, Add�tionaI Recommendations of thc Continittec.,.�..,;, , ,.,.� . , , ..,, . ... .. ............7' VI.�ahcicision . . ., ..... ..;.,:,... ......... ...,...,. .......,, ,..,,...: .......:....:�$ Appeni9ites App. A • Resolution R.-16-A007 ;App., B- Agenda,v5d<Mimitc�s �f �c�anmitf�e Mestitsg of July 6z2016 App. C- Agenda and Minutes of Cotnmitfee tuieefing oPJaly 1�4, 201fi �lpp, D-:I�roposed;-tlmendment to Chtat�e�� of Gi�y of Col��yville 5ection 3.0'kA - Litriitation on Terms tlpp. E- Pi�opos�d Amendment to Sectioti 3.f19(C) Yo`Charter of City ofi Golleyville :App. F- Proposed' Amendnaents to Secttons 7.02; 7,03(A), 7;04(A), 7.05 antt 7,06 tp Clra�Cer of City of Colleyvitle; App. G��'PI-oposed Amendn�enCto AxCicle 3fIIT to C{tartor of CiJ:y af Colle}�vill�� �#pp. H- P.�aposa�i 1�mandmenYto �sefiiam 14.0� lo Ghartee of Gity o�' �olleyville App. I- Cptpus Christi !'eo�ile':� Baptist Ch�u•c/2 v. eUueces Co�rnty A�pp�aisal Drs/,,'i904. 3:W.2d 621;(Tax. 1995� A�Sp,1- TqrNarrr County u. Ashmore, 63.� S. W.2d 41,7"(Tex. 1982)' App. K- Tex.Atty.Gep. ()p. S�Ia, CGA-03�6 (2405)' Ap�. f, -'I"ex,Atty,C��ri. Op. Nta,-JM-1233 �1496) App. M -f7rdinattce O-�2�1322 'i App. I� -;flretinance �-t3-I89�i A 'ii; RET'fJI�T OF THE' COL�.El'VILI:E.CITIZEla'S' CHART.EIt REVIEW COMMI'P`lEE FIonorable Richard NeFvtoq,;Mayor and Members of the City �ouncil The fal�at�ang Kepork of the Cplley�ille �itizens' Ch�iier Review Comralittee ("G"RC" o�° "Committee'a} is respeotfully submitted in accorr�ar�c� witkt I2esolution T�-16-4007� unanimausiy adopfed+by the C�Ilayville City Counci� an June �l, 2p16� In sumrnary, this Report dutlit�es the nteetings of the CRC, summarizes;the Committee's discussipns at��i ratiqn�le for caCtain''of iYs pro.pasals and for additional m�tters considered� conYains tlie pxoposed am��dments to the Cha�Yei erf th� City of Co1le�vi7le {"Chaiter") as. unanimo,us�y adap�ed by the'Committ�� and mak�x additioxial recom�ertdaiioris far matters to l�e sonsid�i'ed 1iy �he IvIay9r anfltl�a City:�ouncil. On behalf of the entire Committee, we wish to thank Mayor Newton and the membars of' the City Qouncil fpr the opportunity fo serve an the �on�lni#tee.anc� ta prev4de repa•es�ntative oitizen [nput regarding tf�e fundarnentai governing dooument for our Gity, the Charter: The Commiftee also wishes #a exp�es�'its special thanks to Assistarit �ity Manager iklichael Holder for his assistance in facilit�tittg the Gammitt�e's com�l�tiar� of its assigned tasks. Th€ Committec woald also like to express its thanks ta City,Managet Jennifer Fadden; Project 'Coordinator James Hub%ard and City Secretary Amy Shelley for their assistance. Finally, the Ce�rnmittee expresses its th�nks to Mayor Ne�ton, C'ouncilman Lindamood and Cc�uncilwoman Nalearnura'for taking time to atfend the.meetings of the GQmmittee, I, SACKG�tIUND qn luly 2T, 2Q16 thz City Gaunail of the Citp of Colleyville unanimously adopted Resolufion R-16,40Q'7 appointing a Golleyville Citiz�ns' Charter Review Gommittee_ The R�solut[on appointed ten eo�leyvtlle ciiizens a� m�tnber�,_ FI`ank Carro11, ChAir IvI'ichaeI Mumm, �/ice �ha�x Claudia �eviil Vince FIawkins P:ich Heazdler I�avid N1�dlin Shirleq Schollmeyec Nelson Thibodeaux. SxeY� Walters Tim Weymauth ' A copy;pf 1��soJutPo�t:K;1�-40U7 is inolud�d atti the Appatkt�ix, App. a4, �.�...��� 4H38.5f1d•091��i1 . .. ., ... Pa B' ' . ,. � � � 01995fi1W0505. g �# i., "S'he Ttesvlutioi� alsb set a sk�ecific and very campt•essed tianetable .for the Cqn�mifY�e to ¢ompl�te-iYs assi�ned tas�:s �irecti�zg: t�aat the Gn�unaittee's reeammeEidations shalrld beC�rta(ized and piesented to G17e Cfty �ouneil by July 29, 201 G; � � Il, :IT�MS CQV�RrD 13Y APPOTNTING It��Q1,UTTON '1"li� Itesalxatia❑ direated tl�e �ommiYte.e', tts co�tSAiier atnenr�ments to: �ecdons� 3,61;; 3,09(C), 7,Q2, 7,;413(tk), 7:Q4(A), 7:05, 7.06 nnd 14.02(t�) of tl» Gharter bf the Cit� c�f CotLey�ille. Althb��gh the �e�tipns pio}�os�d %ir review s�ere. cansid'erec( and v.2rted on b3� tk�e Comm%ttee individtEally, the j�roposed revisi,aris tt� vai'ious, sUbsectioiu mf Secfinu 7 of khe Chai�ter are su6sfantially i�ientical ane� are disausssd in tlsis Repa��t as,x singie gi;ou�, � in �ddiYion to 3h� iGt�ins s�e,ci#ieally listed in the Re�ole�tion, ��e Cm7rmitt�e d���t�[riine�l [hat cei3ain afher;sec"tions oE�the Cl�ax�fer were in���ed af r�vlsion. Cqnsec���entl�� in additron €a Clie �ectiatts. liste,�] in the Resolulion, tliis Re�oti prapoaes minar additiona[ �mendmeqCs tr� Secfi'ons 7.02� anel 7,06, th� dCleCiQr� 'o� ACtiFI�; XIII aiid atneridmenis to Sa�tion, 14.02(I'aF Althougl� tl�es� sei:e'tons weice not spp�Tiiealiy inentioned in tfie Re�alxition, the I�ieso[ution does nai greshibii, and�� ap�e'�rs fb contempiat�, tliat tli� Con�a�viftee in�y considet' atfier p�s„'�ib�, r�visio�is to the Cliarter, Section S af'tl;�e Resalu6qri provides Chat the Committea responsibiliii�s `nr�y include.' (he speciite listeil items, buf by using die p'erniissive C�i�tn does not: pa�eclude othai" Due to the carnpres'sed time frame, the Comrrriitee: e}ected riot fo venture 6eyoud tlie geryeral ;5ep�)e afitilie Cl�arter 5ections included i�r, tha Resolution, witl� tl�e exception af AtticJa X]I[= I�a fMai.r,espec4, the CotmnitCe�'s�lolib�fatiptts and Yhis ReporG 'sh�ould not be eanstrttied as tak'rng any positioFi on �uh�fher the �harCer shoulcl be subjeGt to a incare �4i�ert:anging review oz� v✓IiaClte� there eki�t other �haiter se¢kiol�s which sltbi�Id ba a��ended or repealedu iIT< M��TIT�GS OF Tii� CQMMITT�E A, JuIY 6, 2�116 —'T'ir�t Meetine. Alfhongfi 'f�i� �omrrrittee had ptanned to- conduck u�' to fopr atteetingsa .if ;neeesar�„ tlre Commitiee w�s alzla ta Con�plete its work in only two rneetings, `fhe ftrst meefing was held o� JSt1y 6, 201&? The �'it`SY meeting:was attended by 9 of;lhc 10 Committee membeis and lasted ap�troximately two hotu•s: The Cha9r af the Co�ni�ittee presented dcafts czf pcoposed amendineuis to ail ol� tlie. sectit�n� of ihe ��rter idenEified in tlt� ResblatlQ�, He t7ieit geqe'ra11y descrihad the na(ure, { cohtent.���d imp�at:4f_eaci� a£thedi�aft aniendments: �. �,, � A co�y ai'the July 6, �016 Aganda is inclucfeQ in tbe Appani�ix, App. I� Page � ! ,yg,18.521Ptl91?.#�. OI9956'.tl064u5 The Chainfhen adv�Sed tlCat tlj2 �wposq of this trst meeti»g ivas to et��s�e in a ger�eial : discussion af ths draY� amend�nents, a•aspoiid fp t�ttestio'xrs re�ardi�g fhe dt'�fCb, and con�idel` ��oss[Ulc recamiiiet�dations: Ed�• aily d'iher sectians Qf the iCharter vuhial� any ane�nber o� the CbrrmtYttee tuishe`,d to �ave ��rnsider'eCl�, "Cq enC�ur�ge �i1'sGt�ssion a,nd�tl�e excj�au,ge of ide��, fhe� Chair stlted fhat, tl�is frst meeting ruas to l�e �n infoxmaf discussic�n session and tl�at Rolie��t's I2ules: of f)Cder would npt be appticaiile. As re#Tected by the,roery deCail�d an8 pre�ise nii�x�rtes prep��e� by �t�� S�Aretary �1te11y;� ihcre was e�ter�sive diseussion vf the itienti£ied seclions oF the Cliarte7' as well as otlter seatiot��- fhdught wor�hy qf coi�sideralioa by Commitfee lnembetls. [n summ�ry, tlie Comtnittee si�ggested thc followinb changes, addi�ons, deletions ol`. substitntions to the dral� �mendme�rts: 1 $eetioit ��QI(A), Limitatt`aas ou 'T'ecFiis ��as �a be revis�d to clarif� the applicatiron afthe 12 �dqs�cutive yeae'1lmicatio�t, 2, Sectic�n 7.02 C'rY� Secretar� H�as to be modi�edito add tli� phra�e "Cor ai�, indeildii8 tenii,"' 3; Seefion 7.06 Depaz-tntent of F'Cnance'g�as eb be itioclifieti t'o adfl tli� pltrase "for an indefinit� term.'a' 4., A prppqsal was to be prepared whieli tivou(d rePeal Article::XIIi "Cransitiona] Provisions, 5: Section 14.Q2(P) was to be added ta tha other proposeci revisio�as to Sectioii i4.02 to ciarify the time frame in wli�ch � citizex� couid file a �o�nplaint regarding a violation af` Section 14,Q2 i'ei�So���l �ina�Cia� Intarest: The Cliair of th� GomaniCtee was chargecl'with revisipg the draft aiad submitting thein to tl�e Corr�mitlse prior to tl�e rrieeting-so[tednled fo�• luly i 4, �016. The-revised draft of propused amez�dntentS was subinitt�d, tg tl�e Coniniittee picmbe,rs on July l 1, 2b16. B. Julv 1Q. ZU16— Secona;ll'�eeGRf�e Tite Com�itkee mef for the second time on Juty 14;.2�16 ° Thc Cl�air indicated ihat ie was his �'snfont�on to pr•oceed �,to vat� individualt�� on each a�' the prq}i'irseTi amertdments, apd i� possible; to camptete all voiingby the conclusio�n ofthe-meetit�g, The Gtxait• furtlzer adviSed:that this me�t�ng vt+t�ul�1 be oondaelad ari acci�rdance with Rob�it's Rules of f�rder, It shoutd be nated ihal two memaers who had been presant at the first meeting were' uuable fo atteiici ;Eha secarid ineeting; After b�ii�g advased aG tha �rsi ineeting of the twz� 3 �S qop�:of the July 6�+2di 6 N[inaies i5 inclucied'in Cha An�Sandi�, App: B. a A copy� aPihe July li�, 20 t6 Ag�rida is inclade2l in.thetip�s�ndix, App, �. Yage 3 i838.51�0A91]:I�. j Of99£61ptl09R5 .. �. � . membecs° in�biliCy tq tttte�id, llze Cl�aii� requested tlte Assistaiit City Ma'nager to innt�ire of tlie C�ty �Ytorue}+ aS YQ [lie ability di tl�e���wo memh�rs [o atte�c�by �efephqne canf�re�c� xnd vot�, either orally pr 6y written,}3roxy. The, City Atla�uey advi'sed ti�e Asslstant City Manager �17at a, m�m�ei�must �e �'n aatual atYendance ko be 2ble.tc� cast � reCorded uote. Alkliougli ;the 'vota coUld not,, be, o�fzCi��ty caunt�cj', Ylie ChaY�• emailed, aIl Com�itCee inetr�be,rs stating ihe foi�egqing and oF�'�eing to present ai�y catnme�its au absenx mentber inigh€ wish to ntlke on th'e drafts ahd theu• unoificial vate both ta the other Committee ntembers ttnd to [he Cif� CoLmcaC, U��fortuuatet�, neifIier absent ��enrber cVas able t� p�rticipat� An the inanner• s��6�;esteil. At the mceting and afier disaussion, a roll c�ll voke was taleev ind'zuidually on eaeh of the: proposed aitie�tditi�nls, F111 of tlie g�opos@d �ment3menis �ere a�IppteYl un�niinonsly la�x the� CqinrnitCee, with aio absteutions, �s ret�ectcd by th� minukes.�" TV. COiVIMITTPG 1�ISCUSSIONS AND ItATit3NALFS; �Tl�e discnSsimis of lh� Comi7�It�ee v,�re ekl�u�l�y-un�ttimous �n'agreeing a�i the a�xCiq�iqle�° and i7e�d Paz� tl�e �coposed a�iiendme�YCs: The mi�Gtes af the ntaeCings ��efl�¢t thealmost uni�%ersad a��e�nieist oi� i1T�� exaet aiii'endinerifs 9Yow being� presefiGed F�y tlie Con�miit�e fo �'the May6r�snd�.� City G`ocineiL Tlowever, � stimmaa•y of th� Cominittee ciiscyssions an,� �easouing_nsQp� be_t�sefial in uhda5�atanciing tk�e rtiiattimous resuft safthe Co�imittee's delibecation�:and votes: A. Vatine Pt•rrc�clares. The a�ne�rdment to Section 3.b9(C} to ctarifq vo�inp methnds was �dopted with little disenssiou, It w�� thc .Qpip�on ot't�e. [o�nmittee Yhat it sha.uld be inade clear 1h�1 "aye or nay" votes were not re�uiraci on procedaral_notions and/ot nom���tions to City boards, coinmission's or coitttnitfees'e The Gpmitiittee believes tlie amendmeiit: r�iake's qlear that tlle traditiotial psaetice p€ voting by n�Lne ota eael�Tcaudidate is na� prohibite� by the Cbaite�: Lik�wise fh� Gmnmitfe� was a� the t��iniou Yli�i eleclrp�tG t+ofa�tg 5hauld be :author'rzed at sueh tinia as 4ie City had �liat dHpabiliiy�„ � � � B. Ciiv Posi�ons Crea6ed,in the �'hert¢r. C`ounci, nnrdxal. Th� Resul�at'rori p'ro}�osed to at�d the r��t�iremenC tkat for {He rnajor :�ity position� desigk�a�ad "[� the ��harfar {�1� Secretary, �h9af o�' Poliee, �'�re Cluef, l�iteetor o���'ublie Wtirks, and T-Tead oi the D.�arhneuz�of FTna�sceJ the� City Couneil must be pxese�tted wiFh aud app�•ttve� the proposed a�play�i�eut oftfiase persons. �"he Cbmnsittee discwsaed fha £�t that such regUired spprpval had b�en o�igipelly iq`the Charter and tlaat it was unclear to the -Commiftee ,as to �vhy t#as appco��l re�uir�metits had I�eei� ��� : s A copy tiftlt¢ July 10.; 2016 Minutesis ii�ateidetl in th� A��p�ttdix, A�p, �, � `. P.aga 9; ;6383210.0419�:I' 91495htOqp9(Sc;:. � � rethoued. 1*l�ver��lcless, t6� �oinrnitt�e v+�as af �he opinio',i� tliaY f6i•" �uch publia, pewerful and � ian�orfant City ppsitions Yhe��citiz�ns' e�ected representativ,e�shb�ld e�prove tlie i�iitial hixing.�� C. Financial Disolosures: The 12esoxution pin�iosed Yo: �;a'dd e ue�u SeGtion �K) to So¢'tion 14.(12� to be �nti�}ed Personal FitiAnci�l Iill�rest< The pstrp�se q�' the- aztda'txo�t We"s to re�iii��e eleete�, appoint��, qt hiYed personncl, a5 weil as ��n�cdates'€or eleetia�� or ap�oei�limm�t, ta _�isclQs� FnanciAl infe�e9tsS thaC [[1fi'ghY, be inr�ia�Y�d or �iV� iise to an appearance of ca�Sflict ay virtue of the }�erson's position with th� City a�`Gollepvi}le �� 17ie Coanc�iCfee �vas oi the o�inion tha't sucli tinatsci�] -disclasura, requi��einenYs sktot�le� apply to the Mayb�' and meLntiers oPthe City Goun�i(, Rlauning at�d Zaiiing Commission, Zonin�; Board, of AcijustiTlent auci candi€iaGes fQi� �tty of t�ciss �oszt��ns. t�lsq, ��e C�usinitt�e �vas o;ftlz� aua��iiin t6at sxich disc.losuz�e requireuaents should ii�clude the departincnt lxeads wl�o wauld be appoiqted pur�uant tp.tha petiposed au�ei�dmeuts tb Section;'7 9� tli'e C}�arter and ivhich woufd, i-f ad�pf�, i�quire City Council approual for appoitlimetrt:= Finally, tf�e Con�miitee wvas mi tli� dpiniota; that tU��e ciisclasure requirem�nts sl3ould �pp1X to �tie Gity M�nager and' all of tl�e'City� - Mauag�r's seui9r StafE Sec�usejolzii�lzrs cl�ang�. it rvax Yhqu�he lppropli�te not ti� furthet� de�n� "senior st�tff" but it �uas the Co�almfGtee's interic to inctud'e, at a mi�imum, p��sons wltli t1�� powe.r,Yp aCt in tl�e City M�uAger's absanee, tl�e; p.o�✓er ta- legally bind ar- cammit tho CiGy Cc� cmih•aeCs, and th,ose authoi`iz�d to take ctf��ial pos�fi�ns o�; t��6alf��fth� Cit�ti �#1�taendm�t�ta to Se�tion 14.0�- beyond :dlicsse suggest�� rn T[re R�sol�tfi�tt W�ra i�(�a coi�si�tel�ed aud ad'6pTEd by Yhe Cou�mi�Yee. Thnse ameudm�t�ts will be d{seussed �n a subsec�ue�t section of this Re�orl.g" I�. `1'erm Limits.. `I`he Ftesol�te'ton directed the Gotpmittee Ya con'sidei•'an amendment to the Ch�rter that woLild ia��ose a two Yerm timit on a person seiwwxg in fhe t7E�tee oi Maya4• or as a meniber qf th�. City CouncGl. The Committee w�s unanimous iri its discussions and �ecom�ftendations tlr&t tei�n. limits were needed and fhat a tW� tecm linait on s�x•vice ix� the affcce of-Mayor or �� a memb�r,a�` City Ca�ncil was ati a��rrop�xiste tima pedod . 7'Iie Comani'ttce afso �unanimoustY cqnGixrr�i� 7h: i�ecbAnm�nding a t�ite fpll Cerin iitten•u�ition in c.orrtint�ed servioe before' a c�ndidtite was eligible to run again far the same offic�: `ih� Coiriafiaittee did,��onsider� three possibititles for implementing the �proposed kerm limits, -One possii�ility wau(� he to insplement tZ�e lirnitatitjn immecii&#ely upon�assa�e o�the amendment, The impact o£ this wovld'Ue that �ny sitting Mayor or City Council mem6er Whti �ad already served moea ihali two coiisecntive iarms or 12 consea�rtive years in fha combitaed � 7'he �n�noi*add'ftionartn�h�ndm�irts to Ssatio�rs�7.02 and 7,06 ar9 dtsauSS�tl, in '8 'nt pArdgraph V qf lhis 7;apor�._ 7 F'ina�tmel diselQsures had previbUsty beei3 F�gulatsd liy ordtnxnca. Tliose ofdinattocs, �nd i�e need foi� their possibl�. eevision or t�eal, is di3etissed in ' at:�atagraph V4. � � g Sae intra at �aragra��li V, � Pagc 5 { A63&62I0.(ry19„1- , I � 0149aG�OLrp464 d ,7 � office of Mayor and Cit�� CounCil uaoi�ld be deetned to IiAve automatically re�i'gited ot� h�d been' s�utoit�tically t`�rriovecl ftt�m office;, Membe�s.Uf the Co�nrivttee inquired as ta�wheEher i�iis could ti� done retl�oacCiveJy, 'I'he Chait`aziviscd tha� brnh tl�e't'�xas Supr+�me Cauetransi the T�xas �l�t9rn�y Gen�rai:had �ancl4�dec� ilat th�re was uQ� lega� bari��� �Y�ohibiYing th� citizet�s, by cltarfer atnend�nenk, � C4nin impasin� tcrm JittaiCs An sit�fiig rnetnFSers of tli� �itg �ouucf`I.� 1'h� secoud �IteniatiU� cousideted �vas t.'o iinp�'ement the propoSed.��i�evd�ueni at tl1e, u�zt cSty ele�tion SuCh �vou1N ��,iioT ��aquirc i6e remo��1 or resi�ation Af �uy sittitig ��:Mayar rn° C�iry�-: Cpu�iai� mem6er'buC would fipply eo all sitting inernbc�s �n�king. inel'rgible anX persota �ho; had sesved itwo consec.uti��e kerrn's as Mayot, or � Cit}F �auneil i�i�inber, Ar more thar� :l2 �QnsecU�iv� yeare 1(i th� �omb'rned'offiee bf Ntaybl• nnd C�y �4w3cil; Tite tbird �lterijatiue x�nsiderec� was tn:gcaut spe�ial; dispensatioa� ka scune or �1L pei•saus - et�n•ently sittiug �� Mt�yar ar as.a Cify �ouncil rn�i7�berShez'�y eX¢m�tiiY�; t}iein fiY�m tlie i�xtgae� of the atneiadjtta[�tlif adoptecf b� the ejfizens csf Ca�layville. t11t1ic�ugh seve3•al f-;anamitte�r :men�bers 4ndicaC�d a strou�; lizterest i"ti applying, th� a�nendinenl retra�ciic�ely to retttov� sitting meinbc�s who had ex�eeded tcrm limits, �ft�r = disntiss�nn� it �u�iS��trnaniinotrsl� a���ed ihat such: was �iot Yhe 6est cot�r•se f�c flaa City. PIssC, it_ rnigt�t i��i}�ace Elre �bility of tl�e Ci1y Cpunctl to po1'f6rm iCs scheduled duties unt[1 a replt�e�ittent> yras, a}��oiuYed, �f �appropristq, Foa` any ;C_ei7u IimiCe4J p�rsau, (or a spec%�I elecYiQn Gyas lteld f� fi11; ihe vaQ�ncy if r¢q�au�ed. Tlse Comniit�ee also eansidered tkie cost,ta£l�olding ��peciai elc,ctic�n aud tl�e; need to coi�se"rve tax�Sayer fuuds; 'fhe Coirr�nitteo alsc�-cejected, t4e vate bei�tg unatsirr�c>us,141he s�iggestio�n that any sitting ineinl�er be given au exempYian or special ctis�ensation from the 2pplicatipn .bf a Cliarte,r �tuendinent atlopt�d by tl�� eiti�e»s trF Yhe Gity af Co1l�yville. If was tlie gpinion ai� th� Comint�tee tl�at there sliould:be no s�e�ial �t•eattn�nt given to a�1� perso� and that the new c7iai�te¢ provisiun.should agply iintn�diately Ecr all office seekars at tltie next el�etiott. �`C'he ouly �s�tionale st�gge�ted for giving e�Ttaiii sl�t'ing �neinbers an exe�kxption w�as���'fhaf,�� having exparienoed �nemb�xs woutd. provide '`5�n insfiFutional �emory."" The Committee Page:G. q818.5}10.p!(4,1�• . 044361i}Ob�pS.� - aQr�olt��led fihat bsca]r;�e tl�e te�ms of affice are staggat•ecl tiiad tl�e Ciiy-M�nag�r:�nd stafEprovieie any r�ecessary `'ttlstituti�nalRmet���iy;'the amc:ndSi�enGslaaulkl apply iF7 the nex� Cztp elecSioat. The Coir�Inittee tliereftu�e detennined ihat be't�ecn Yl�e two pol�s of retra��iive applio�tiQn and de%i�al for_G years, the best, fauest �zad mit�dla grQun�i,eoFnproinise �+oulcl be tt� i�ot i�n�ediateIy xe�tove so'meo�te frqm affice a� give sn�Yeone a six'' �ear p�ss `�n compl�anc�. Rathe�• it was tlt� unanimdus vote Q€ tlte t1lemTiers of die Committe� acioptGi7g the proposed. �endriieut to apply it to all persdils rtinning �n "the pext aud<all f'utare aity elections.� ° V. ADDITIQ}VAT� RCCOMMElYbATTQIYS OF THL+; CQMMITT�E `The Cot�mittee, a� permitte�l by tha Resoliit�gn; �Is� considarec(i sevecat qth�r an�entt�tzanta noR �pecifically idet�tified iiz ihe -Committee°s char�e� -Most of the amenelmeuis' were of a liousekeepii�g or clai`iftc,�tzon natui�e' �ri�i. �vc��e unanz�ttously ap�r.oved by fhe Cbn,mittee„ A. 5ectia�t 7.02 and 7.0�. These t�f4 sections ciid not corttain the la�igua� "foT an An�lefinito tei•m" fls contaiiied in all of tbe oYli�r subsections �f �actioi� 7 being proposeef foG: amendment ta add tl�e phrasa ""wit'�1 the approval of Gity Council." As � ltouseke�(�iug �n2tter and lo insure cansisteney tlie Gaminittea }�rapc�ses tliat the phrase "for an inclernite kernx" be addeti to Sections 7.02 and 7:Q6 - of the Ch'artex�; B: Article XITI `I'ransitioatal Pruvisians� i�s anothei'�, housekc��ping matter the Carnmrttee p�ys,poses �Iaat-Ai�Cicle �TIT Ti�nsitioii�l i'rovi�ious be ca�aealed 'sai�e ArticS� 3tTIZ eoii�arn� iva3k8rs accu�l�ing duriatg ltie e�piretk transition peiiod in wliioh the City converted fi•oth a 5 to ¢ persvn Cit} Gouncil and the Mayoi� tvas authorizeci ta �ate only iii limited��circrimstane�s, � � C. Section 14.02'. ':In addition to adding snbseclion (I�) discussed abpve, which was lnclilded i� the Coi»miftee's char$�� the CsatumitCee 'alao proposes to arrrend suGa�ction F4:�2�F} and atfd subsection 14.02(L�. The �mendment to subsection (F) adds l�n�uage wkiiclr gi�as a citizan tnore ti�zie to Sle a,complaintr•egardi��g a violatign-o€ 5eetib� 14.02's disclosure. fequirom�pt. I£ a violatii�n aecura _by virtue bf a vo"te or a deaisiQ� (e.g, si�din� a ao�ii��act) fhen i��e violation i� objectively determinable by � citizen, �Icswe��er, i`f the vial�tion, is naX,qbjective[,p dete�viin�bl� he�uus�'it is not }aubli� tsr3s concealad, tk�en a aiCizen Mas 15 days a�tar he "k�ew- or reasot��bl� should have knat�4� of th� vi�lation" to �le a cornpla�nt. �inally, the Commifte� was of Ylie opinioixtha�,tha ad�lition Q��ubsectfon ��.) nlakes C1eac� tJt�t the discItzSure,i•equireme�tts of new �ubsecCioi� (TC� apply to the euhirety of Se�fion 14.0�=and ali of the matiexs �Qa�x�ed ther�i�r; i1 The e�mplete teat oGthe proposeb amendmgfit as adopted @y t6e Coii�n�ttee is incliitied in [he ApPe»dix, App; �T. Pnge � as�s.sa�ao9ii,i � aisvsa�boosos� � � D. 1VTisceflsneoua Although nQ� containad in the text of the propased atttendments, th� Committee woald; also re�omrnenti the foalowing �wo addiiional iferns for consideration by fihe Maqor and City C�uncil� Z., Re�+iaw, Amendment or Repeal of Possibiy "Conflicfing or Rednndant City Ordin�nees. As noYed in the discusaiom af ihe praposed amendznents to ;tion 14.Q2.tZ T'o fhe ; saperfluous,, the VI. CONQLUSIQN Absant fuither directidt�, this; aont�ludes the �vork of tk�e CRC.. On a point of personai' priwi�ege, T wopld Ixke tn thahk my Vie� Chair, Mike, Muhm, �nd �ll af the members o£ the Gommittee far thair diligenca, preparation, contribution,;,preparation and serviee, It has'beeti a gleasute woxk` _ 7/28/2 Date: ct �Z The ordinancesyare t`ticluded in the Appendix, Apps M•T�; Paga 8 , aeae.sa�a�aotr i � 0�9956100D99i � APPENDIX; _ APP. A RESOLUTION R-16-4007 a RESOLUTION R•16-4007 �ON OF ;OMMITTEE, APPOINTTNG M�MBER5, AND Pi FOR THE-CHARTER REVIEW COMMTTTEE TO , REPORT . WHEREAS, the Gity Council belie ` possibly made to the G document without s(g principles of the Colleys of citizens to become known to their elected comments; and � IT A thai; positive changes can be �ille City Charter to enhance the intiv effecYing the democratic on concerns�, WHEREAS, the City Council understands the need to review the Charterto clarify, adtl orsubtract as necessary to ensure powers, rights and duties oF the City government adher its original concepts and structure as a"Council-Man� Government." NOW,�THEREFORE, BE IT`RESOLVED BYTHE CITY' COUNCIL CITY'OF CQLLEYVILLE, TEXAS: Sec. 1. Sec. 2. THAT a Colleyville Citizens City Charter Review Committee hereby established: THAT the following citizens are appointed to the Gitizens City Charter Review Cornmittee: Steve Waltens Michael Muhm Claudia Bevip Frank Carroll Shirley Scholimeyer Nelson''Thibodeaux David Mediin Tim Weymuth Rich Hendler Vince Hawkins Sec. 3. THAT Frank Carroll' is appointed as Chalr, and Mfchael Muhm appointed as Vice Ghair. Sec. 4. THAT the City Manager shall provide administrative services to the Colleyviile Cltizens Gity Charter Committee, . Sec. S. � a THAT the Colleyvil{e Citizens responsibilities may include: Resolution R-16-4007 Page 2 of 4 Charter Review a'. Section 3.01 N'umber, Se(ection, Term; should contain language which 1lmits consecutive terms to two in the same office, and how or when this shall commence. Gompare this amendment with those 4f area cities for benchmarking.; b. Sectian 3A9G Quorum and `Uoting: should provide ;language which allows electronic voting for City Councii meetings, and 'language that allows for nominations and appointments and voting by name, c. Section 14.02 Personal Financial Interest; should include an addltional subsection to provide the following, � k. Financial Disclosure and Business Conflict of Interest, Forms shall be provided by applicants seeking appointments to the Planning and Zoning Commission or the Zoning Board of Adjustment, and' shall file within two {2) business days following the end of fhe application, period stated In the officiel City' advertisement for applicatlon for'' the position. The city manager antl the city manager's senior staff memBers shail also file the same within thirhy (30) days of hiring. AU person(s), as outlined above, shall have a duty to file supplemental disclosures within ff�e (5) days of an occurrence of any change in the information reflected in the forms previously filed by' the Indivldual. These forrns shall include the following' information: i. The location, size, and current use of all property owned within the portion of Dailas, Denfon, and Tarrant Caunty north of Interstate 30 and east of Tnterstate 35W, and tha� potion of Denton County south of State Highway 114 and east af Interstate 35W, or held in trusC by the persan(s), as outlined above, their spouse, and any dependent minor children, or any business entity in which the person has a financial interest. � ■11 r � v Resolution R-i6-4007 Page 3 of 4 ii. The' narne and address of any person or carporation which currently has or during the preceding twelve (12) months has had a contractual relatlonsh'Ip with the City and from whlch the, person(s), as outlined above, their spouse or dependent minor children have received a f.ee, salary, or ;gift of a �alue exceeding one hundred dollars($10Q.00). ;iii. The name and address of any corporation or af r or any depe than two pF equity interes of the assets. :h currently has , ar in the Ive (12) months has had a itionship with the City, of which as outlined above, their spouse, ient minor children own more :ent (2�10) of the outstanding or more ehan' two percent (2°!0) d'.`5ection 7.02' City Secretary: should pro�ide an addition "with the approval of City Caunc(I" to the follow statement: "The City Manager, with Che approval of ( Cauncil, shall appoint a qualified individual to fill � position of City Secretary." e. Section- 7.03(A):; Chief of Police, should' provide an addition of "with the approvaf of City Cauncil" to the; following statement: "The' Chief of Pollce' shall be appointed by the City Manager, with the approval of City Council, for an indefinite term.° f. Section 7A4(A) Fire Chief; should provide an adtlition of "with the approval of City Council" to the faliowing statement: "The Fire Chief shall be appointed by the City Manager, with #he approval of City Council, for an indefinike term.,,: g, Section 7.Q5 Department of Public Works: should provide an addition of "with the approval of City Councii" to khe following statement: "The Director of Public Works shall be appointed by the City Manager, with the approval of City Council, for an indefiniteterm," m � Resolution R-16-� Page 4 h. Section 7.06 DeparCment of Finance;< `should provide addition �of °with the approval of City Council" to following statement: "There shall be a Department FEnance headed by the City Manager or his appointee,, � the approval'of City Council." Sec. 6; THAT the recommendations of the Colleyville Citizens `Cha Re�iew Comrnittee shal( be flnalized and ready to presented to the City Council by )uly 29, 201'6, Sec,'7'. THAT this resolution shall take effect imrnedlately u passage., AND IT IS SO RESOLVED. APPROVED BY A VQTE OF �' AYES,; �. NAYS, AND ON THIS TNE 21ST DAY OFJUNE 2016. Mayor Richard Newton ;'� �: Mayor Pro Tem Chris Putnam � Place 1, Tammy Nakamura �°� � Place 5, Nancy Coplen ,; Place 2, Bobby Lindamood � Place 6, Mike Taylor` , � � Place 4, Jody Short ��,. ATTEST: , . Amy _ „elley, TRMC City Secretary � CITY OF COLLEYVILLE �� � Richard Newton Mayor APP: B AGENDA AND' MINUTES`OF COMMITTEE MEETING OF JULY 6, 2016 ; i .�' ap Clty Hall /� Charter Review �DOMalnStreet N� ��. -� . fi�E,. � �� � � Colleyville, Texas 76034� ' � Comrnittee Agenda 817.503.1000� . www:colleyvllle.com nesday, July 6, 1, CALL TO ORDER 2, ROLL CALL Executive Conference 3,_ DISCUSSION 3a Discussion of the Committee's resolution, charge,, requests for information procedure, and timetable for completion 3b Discussion of proposed` meeting dates: )uly 14, ]uly 21, and July 25, 2016 3c Discussion of resolution items to be considered: Section 14.02` Personal Financial Interest; Section 3.09C Quorum and Voting; Section 7.02 City Secretary;, Section 7.03A Ghief of Police; Section, 7.04A Fire Ghief; Section 7.05` Department of Public Works; Section 7.05 Department of Finance; <other City positions; and Section 3.01 Number, Selection, Term 4. AD70URNMENT I hereby certify this agenda was posted on Ciry Hal! bulletin; boards Friday, July 1, 2016 by 5;00 p.rn. Amy Sheiley, TRMC' City Secretary A quorum of the Go!leyville City Counci! and/or any City board, commission, or committee may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for pu6lic comment and discussion., A v Charter Review Committee ,Agenda July 6, 2016 If`you p(an [-o attend this public meeting and have a disability hhat requires specia/ accommodations, please advise the Ciry Secretary at /east 48 hours' in advance at 817.503,1133, and, reasonabie accommodations will be made to asslst you. 0 0 m '— � C�`7 �� �0'IeIV�IIe S00ManStreet Charter Review Committee Colleyville,TX76034 av.sos.i000 MINUTES W�'�'•colleyville.com Wednesday, July 6, 2016 Executive Conference Room 6:00 p.m. Third Floor - City Hall 1. CALL TO ORDER The Charter Review Committee was called to order on July 6, 2016, at 6:02 p.m. by Chairman Frank Carroll. 2. ROLL CALL: Chair Frank Carroll, Vice Chairman Michael Muhm, and Committee members Rich Hendler, David Medlin, Claudia Bevill, Tim Weymouth, Nelson Thibodeaux, Steve Waltens, and Vince Hawkins were present Absent: Shirley Schollmeyer Mayor Richard Newton, Councilmember Bobby Lindamood, City Manager Jennifer Fadden, Assistant City Manager/Director of Public Safety Mike Holder, SH26 Project Coordinator James Hubbard, and City Secretary Amy Shelley were also present Mayor Newton welcomed everyone and expressed his appreciation for their service to this committee. Councilmember Lindamood also welcomed everyone and expressed his appreciation for their service to this committee. 3. DISCUSSION 3a Discussion of the Committee's resolution, charge, requests for information procedure, and timetable for completion 3b Discussion of proposed meeting dates: July 14, July 21, and July 25, 2016 3c Discussion of resolution items to be considered: Section 14.02 Personal Financial Interest; Section 3.09C Quorum and Voting; Section 7.02 City Secretary; Section 7.03A Chief of Police; Section 7.04A Fire Chief; Section 7.05 Department of Public Works; Section 7.06 Department of Finance; other City positions; and Section 3.01 Number, Selection, Term Charter Review Committee Minutes July 6, 2016 Discussion of Section 7.02 City Secretary; Section 7.03A Chief of Police; Section 7.04A Fire Chief; Section 7.05 Department of Public Works; Section 7.06 Department of Finance; other City positions detailed as the following: Chairman Carroll asked the Committee members if there are any concerns regarding the proposed amendments to the employee positions outlined in the Charter. Member Waltens asked Chairman Carroll if there is simply a ratification of an appointee. Chairman Carroll stated if the City Council does not approve of the city manager's applicant, the applicant would not be appointed to the position. Member Waltens stated it is a distribution of power, per se. Member Hawkins asked how the appointments currently occur. Chairman Carroll replied the City Council does not currently approve appointments to these positions. Member Medlin asked how the city manager is approved and how often. Vice Chairman Muhm replied cur�ently the City Council hires the municipal judge, the city attorney, and the city manager. Member Medlin asked how often this occurs. Chairman Carroll replied it would occur if the city manager resigns or was fired. He added it does not happen every year, only when an issue arises. Member Hendler added there is an annual review for the city manager. Member Thibodeaux asked if the Charter outlines a chart of responsibility to the city manager's direct reports. Chairman Carroll replied the proposed amendment does not define senior staff specifically. Vice Chairman Muhm stated he does not understand why others are not listed, such as the deputy city manager. Mayor Newton replied these particular amendments are to the positions currently outlined in the Charter. Member Hawkins asked after appointments are made, who is the manager of these people. Chairman Carroll replied the city manager is the manager of those people. Member Hawkins asked if the city manager has complete autonomy. Chairman Carroll replied with the autonomy that the city manager gives them. Member Hawkins asked if the city manager can terminate them without having to come back to City Council. Chairman Carroll replied no, these positions would not have to be approved for termination through City Council. Mayor Newton added the phrase, "with approval of City Council" used to be in the Charter; however, it was removed in 2005. Charter Review Committee Minutes July 6, 2016 Member Weymouth asked who the Mayor was in 2005. Mayor Newton replied Joe Hocutt. Member Hendler added Bill Lindley was the city manager at that time too. Vice Chairman Muhm asked Member Hendler if City Council ever approved those positions. Member Hendler replied he did not remember. Vice Chairman Muhm asked Mayor Newton if he remembered. May6r Newton replied it was when he was there. Member Hendler replied it seems to be more transparent and adds to the value of an elected City CounciL Member Weymouth and Thibodeaux concurred. Vice Chairman Muhm asked if there is nothing to require this be conducted in an executive session, or out in a public forum. Chairman Carroll replied just that it takes place. Vice Chairman Muhm stated for an "indefinite term" is absent on the city secretary and the finance positions, unlike the other positions. Chairman Carroll replied it can be added to make those consistent with the other positions. Member Medlin asked what an "indefinite term" means. Vice Chairman Muhm replied there is no term, you are at the pleasure of. Member Hawkins asked about the timing of the hiring, and if any delays would hinder the process, especially with a competitive market place, and losing a candidate. Chairman Carroll replied it could be placed on a regular City Council meeting agenda, or City Council calls a special meeting. Member Hendler stated there would be a timeframe noted with the employee's departure. Member Medlin asked staff if this situation has ever occurred. City Manager Jennifer Fadden replied she would adopt this process into the hiring schedule. Member Waltens added a special meeting could be called if a situation came up. Discussion of Section 3.09C Quorum and Voting detailed as the following: Vice Chairman Muhm replied it is important for voting at the same time, rather by — a show of hands, or electronically. Member Medlin asked about the committee member voting, and if the person would still be voted on. Chairman Carroll replied yes. Vice Chairman Muhm asked if this is just clean-up language. Chairman Carroll replied yes, clean-up provisions. Charter Review Committee Minutes July 6, 2016 Discussion of Section 14.02 Personal Financial Interest detailed as the following: Chairman Carroll stated section 14.02(k)(i) should just read, "...Tarrant, Denton, and Dallas counties", with the removal of "north of Interstate 30 and east of Interstate 35 W, and that portion of Denton County south of State Highway 114 and east of Interstate 35W..." Vice Chairman Muhm asked if this will effect currently seated City Councilmembers. Chairman Carroll replied yes. Member Medlin stated he agrees with a timeframe for reporting, but more than five days may need to be given for flexibility. Vice Chairman Muhm replied there are currently five days to report. Chairman Carroll replied five days seems to be a reasonable timeframe, but maybe to clarify it as five ��business" days. Vice Chairman Muhm added he likes business days, but five does seem tight. Member Medlin stated he would hate for someone to get in trouble if they are on vacation. Vice Chairman Muhm added these are rare occurrences. Chairman Carroll added especially with email, five business days should allow ample time. Vice Chairman Muhm asked if this would just include updating the financial disclosure form. Chairman Carroll replied he envisions there would be an additional form used to update the financial disclosures, and maybe note any change that occurs during that timeframe. Member Hawkins asked if the updates would include any publicly traded stock. Chairman Carroll replied he believed so. Member Medlin replied two percent would have to be disclosed. Member Hawkins stated it may be difficult to do within five business days, if someone is trading on their behalf, and he added he does not feel two percent is high enough, maybe five percent would be better. He stated someone could violate this and not even realize it. Chairman Carroll replied not having a problem with that, it is the investments in the limited partnerships that create the financial conflicts. Vice Chairman Muhm stated he believed the disclosure would be if there is a contractual relationship with the City, which may be very few and far between to begin with. Chairman Carroll replied that could be correct, but he did not know. Member Medlin asked what the punishment is if this is violated or not disclosed. Chairman Carroll replied consequences with employees with the City would be possible termination, and the consequences with appointed ofFicials (P&Z) would be removal by the City Council, and the consequences with elected officials would Charter Review Committee Minutes July 6, 2016 be removal for violation of the City Charter. Member Muhm added an ethics complaint can be filed with the Texas Ethics Commission. Member Weymouth asked for an example of where you have a contract with the City where we could own stock in it. Vice Chairman Muhm replied a contracting company such as paving. Chairman Carroll added a landscaping firm, or real estate investing. Member Hawkins asked about regional banking for the City, and if someone has stock in that bank. Chairman Carroll replied yes, they would have to disclose the information. Member Waltens asked if the intent is to prevent people from being on committees and/or holding offices, while promoting legislation by which they would benefit personally or financially. Chairman Carroll replied yes. Chairman Carroll added the adoption of these amendments to the Charter may require amendments to other ordinances. Member Medlin added he does not believe a personal business footer should be marketed in a City email. Member Bevill stated she believed it is covered under Section 14.02A, especially if you are addressing them from the position you hold, the personal interest should be set aside. Chairman Carroll replied he is not sure if it prohibits this, and it may be something members want to revise to provide further clarification. Member Medlin asked where the $100 disclosure limit came from. Chairman Carroll replied most are at a$50 minimum disclosure. Member Hawkins replied most will disclosed. asked if this excludes sporting events. Vice Chairman Muhm exceed $100. Chairman Carroll replied it would need to be Member Bevill asked about rounds of golf. Chairman Carroll replied if it exceeds $100. Member Medlin asked if the dollar amount needed to be increased. Member Waltens replied it goes back to the spirit, we want to know if they have a relationship with people who are benefiting from the City's taxpayers' dollars. He added it is not going to be a rampant thing, and in reality it is just healthy to have it all disclosed. Member Hawkins asked about people trying to get approval through City Council or P&Z. Member Thibodeaux replied it states any proposed or existing. Member Waltens stated it is not in the financial disclosure language. Member Thibodeaux Charter Review Committee � Minutes July 6, 2016 added it exists in the Charter today. Chairman Carroll stated a provision could be added to Section 14.02k that would apply to any interested parties. Member Waltens and Medlin agreed. Member Weymouth asked if it is realistic for a citizen to know within 15 days if something is wrong, as outlined in Section 14.02(F). Chairman Carroll added he would provide some clarification language for this, such as ��knew or should have reasonably known." Discussion of Section 3.01 Number, Selection, Term detailed as the following: Vice Chairman Muhm asked if a councilmember, in his second term, would have to resign after filing for Mayor. Chairman Carroll replied if someone resigns their position, even if only one day is served, it would still count as a full term served. Member Medlin asked if the councilmember would have to resign if they are in their third year of their second term while they are running for Mayor. Chairman Carroll replied that is not addressed here, but no, they would not have to resign the way it is currently drafted. Mayor Newton replied the Charter currently states that they would have to resign from their current office. City Manager Jennifer Fadden added it is in Section 3.08. Chairman Carroll asked Mayor Newton how much of the term would have to remain before a special election to fill the vacancy would occur. Mayor Newton replied it is something like 90 days within an election, or hold a special election. Member Medlin stated Section 3.05 is relevant to vacancies. Chairman Carroll requested committee members to send him an email with any revisions necessary to the proposed section. Member Waltens asked about being consistent with the words ��terms" and "years." Chairman Carroll replied there is no reason why we can't be consistent with either throughout the Charter. He added the 12 years is relevant to years in any combined office. Member Medlin asked if there is any interest in limiting total terms. Member Bevill replied she likes that, especially since other cities are doing it. Member Thibodeaux asked Chairman Carroll about four terms or 12 consecutive years. Chairman Carroll replied 12 years is the maximum of consecutive years served, two terms as City Council, two terms as Mayor. Member Waltens asked if this will be retroactive. Chairman Carroll replied it is not retroactive, because any member, who has met this provision, would immediately Charter Review Committee Minutes July 6, 2016 be kicked off. He added this provision allows for it to become effective at the next election. Member Hawkins stated he does not agree with making this effective immediately because of the loss of institutional knowledge. Member Medlin stated the previous institutional knowledge did not listen to the citizens. Member Thibodeaux added this has to be straight forward, and if the citizens are going to vote for it now it must be effective immediately. Member Hawkins stated being in favor of term limitations, and it depends on how we enact them. Vice Chairman Muhm agreed. Member Bevill replied she does not have a problem with the way it is written, but there is provisional language sometimes used for the transitional situations. Chairman Carroll stated there is always a way to write it, but it is proposed to let everyone serve out the term they currently have, and it applies to all City Councilmembers. Councilmember Lindamood stated Colleyville is enriched with so much talent, and people that want to run for office are already doing their homework to run for office. Member Hawkins agreed, and stated those people can run now. Councilmember Lindamood added there was some discouragement to run against someone who has been in office for so long. Vice Chairman Muhm added there is a lot of bench strength in the community, and new ideas enhance that experience. He stated there has to be a mechanism to force change or it never happens. Member Hawkins stated he is not disagreeing with term limitations, just the implementation of it. He stated effective immediately targets some current members, and phasing this in does not reduce its power. Chairman Carroll stated it then becomes an issue about when to do it, or how much time to delay it. Member Waltens asked about the benefit of delaying it now then saying upon the expiration of your term, you serve two terms, then you are ineligible. Member Hawkins replied it helps with the institutional knowledge of the business of Colleyville. Member Bevill stated she believes the new people will dig in and work hard. She stated there is a lot to be said for experience, but that is not the be-all-end-all. She stated not sure that institutional knowledge is a valid concern, especially with so many bright and willing people in the community, and they will find out. Member Waltens stated if we agree that term limits are a good idea, then why not implement them now versus later? Charter Review Committee Minutes July 6, 2016 Member Thibodeaux stated the institutional knowledge is with the city manager. He stated his concern is that if it is not effective now, then the voters question when it becomes effective. Member Hawkins asked about the ratification of this process. Chairman Carroll replied the next time the amendments will be voted on, one at a time, with. somebody making a motion to approve it, and somebody will second it. If there are amendments, then those will need to be voted on as well. He added he will then put together a report for the committee to review, and then it will be presented to City Council for their review. He stated at that time, it will be placed on a City Council agenda for their approval, and then a resolution will be placed on another City Council agenda to call the special election. Member Hawkins asked if the vote will be made by the majority. Chairman Carroll replied yes. Member Hawkins asked about the next committee meeting. Chairman Carroll replied on ]uly 14th, in this room. Vice Chairman Muhm asked Chairman Carroll if a member is not present, can they vote by proxy. Chairman Carroll replied he did not know, but asked the city manager to ask the city attorney to see if the members can attend by telephone. Member Hawkins stated he would prefer to email his vote in. Member Weymouth stated he would not be here either. Member Hawkins stated he would like some flexibility in voting, especially given the short timeframe. Member Bevill asked about the inconsistencies in the Charter, Section 3.09A, page 8 and 13.01(C)3, page 34 - the calling of special meetings with three or four members; and same sections with three or four affiirmative votes. Chairman Carroll stated when the City Council member number changed from six to seven members, these numbers were left to reflect that change. He added he would make an effort to clean those up. Assistant City Manager/Director of Public Safety Mike Holder stated this was to provide for the transition between six and seven members. Chairman Carroll replied Article XIII may need to be removed from the Charter, with a separate vote. Member Thibodeaux asked about the four members caliing a special meeting and if that violates the open meetings. Chairman Carroll replied he did not believe it violates the open meetings act. 4. ADJOURNMENT There being no further business before the Committee, Member Thibodeaux moved to adjourn the meeting. Member Weymouth seconded. Chair Frank Carroll adjourned the meetinq at 7:53 p.m. Charter Review Committee Minutes July 6, 2016 APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 14T" DAY OF JULY 2016. Minutestaken and prepared by: Amy Shelley, TRMC City Secretary 8 APP. C AGENDA,AND MINUTES OF COMMITTEE MEETING OF JULY 14, 2�17 u y;. Clty Hall' Charter Review i00 Mam Street Committee Agenda Colleyville,7exas76034 81Z503.1000 � � .. www.calleyville.com , July l4, 1. CA�L TO ORDER, 2. ROLL CALL 3. APPROYAL OF MINUTES )uly 6, 2016 4K DISGUSSION' 4a Discussion of resolution items to be considered: Section 14.02 Personal Financial Interest; Section 3.09C Quorum and Voting; Section 7.OZ City Secretary; Section 7.03A Chief of Police; Section 7.04A Fire Chief; Section 7.05 Department of Public Works; Section 7.06 Department of Finance; other City positions; Section 3.01 Number, Selection, Term 4b Discussion of additional amendments proposed by committee members 5. AD]OURNMENT I hereby cert'ify this agenda was posted on Gty Hal! bulletln boards Friday, July 8,, 201& by 5:00 p.m. Amy Shelley, TRMC Gity Secretary A quorum of the ColieyviNe City Council and/or any City board, commission, or committee may be in attendance at this meeting.; Any matter on-this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and haue a disability that requires speciaf accommodations,; please advise the City Secretary at /east 48' hours in advance at 817.503.ii33, and reasonable accommodations wi!l be made to assist you. � City of Colleyvil{e 100CMtaln Street Charter Review Committee Colleyv111e,TX76034 817,503.100Q MINUTES: . wWW.�o��eyv�lle com> 14, CALL TO ORDER The Charter Review Committee was called to order on July 14, 2Q16, at 6:04 p.m. by Chairman Frank C�rroll. 2: ROLL CALL: Chair Frank Carroll, Vice Gha'irman Michael Muhm, and Gommittee members Claudia Bevilf, Rich Hendler, .David Medlin, Shirley Schollmeyer, and Nelson Thibodeaux were present Absent: Commlttiee mem6ers Vince Hawkins, Steve Waltens, and Tim Weymouth Councilmembers Tammy Nakamura and Bobby Lindamood, City Manager Jennifer Fadden, Assistant City 'Manager/Director of Public Safety Mike Holder, SH26 Project Coordinator James Hubbard, and City Secretary Amy Sheiley were also present 3. APPROVAL OF MINUTES July 6, 2016 Vice Chair Muhm made a motion to approve the meeting minutes as written'. Committee member Thi6bdeaux seco�nded the mation. The motion carried with the following vote: Aye: 7- Chair Frank Carroll, Vice Chairman Michaet Muhm,,and Committee members Claudia Bevill, Rich Hendler, David Medlin, Shirley Schollmeyer, and Nelson Thibodeaux Absent: 3- Committee members Vince Hawkins, Steve Waltens, and Tim Weymouth 4. QISCUSSION 4a Discussion of resolution items to be consldered: :Section 14.02 Personal Financial Interest; Section 3,09C Quorum and Voting; Sectfon 7.02 Gity Secretary; Section 7.03A Chief of Police; Section 7.04A Fire Chief; Section 7.05 Department of Public 'Works; Secfion 7,06 department of Finance; other Gity positions; and Section 3.01, Number, Selection, Term _ _ . Charter Review Committee' Minutes July'6,, 2016 Chairman Carrolf explainetl that' each proposed amendment would be read, tliscussed, and then voted. upon by #he committee mernbers. The details of the proposed. amendment and voting results are listed below. SECTIQN 3.09 (C) OF THE'CHARTER OF THE CITY OF COLLEYVILLE Section 3.09 (C) Quorum and Uoting of the Charter of the Gity of Colleyville is hereby amended as fallows to add the italicized pro�isions: {C) Quorum and Voting. Faur (4) voting members of the Gity Council shall constitute a quorum. Voting, except on procedural motions, and nominations to City eoards, Committees and Commissions shall� be by roll call and the "ayes" and nays" shall be recorded In the minutes: The mayor and every City` Council Person shall vote on all issues unless there is a declared and recorded statutory conflict bf interest. If because of a statutory conflict of interest a member steps down and remains' in Che Chamber to return after' the iCem is resolved, then a quorum will be considered in attendance even though only three (3) City Councii Persons are left to vote. However, no action shall be approved with less than faur (4) affirmative votes. If during the course of a meeting a quorum ceases to exist, the meeting shall be deemed adjourned and no further business shall be wnducted. The roll cali'' vote may be conducted electronicatly. Committee member �evill made a motion to approve the Section 3.09 {C)' as written. Committee;member Thibodeaux seconded the motion. The motion carried with the following vote; Aye: 7— Ghair Frank Garroll, Vice Chairman Michael Muhm,;and Committee members Claudia Bevili Rich Hendler, David Medlin, Shirley Schollmeyer, and Nelsan Thibodeaux'i Absent: 3— Committee members Vince Hawkins, Steve Waltens, and Tim Weyrnouth SECTION 7.02 OF THE CHAi2TER'OF THE CITY OF COLLEYVILLE Section 7:02 City Secretary is hereby amended as follows to add the italicized phrase; Section 7.02 City Secretary; "The City Manager, with the approva/ of City CouncU, shall appoint a qualified individual to, ffll the posftion of City Secretary, for an indefinite term:" _ _ _ __ __ _ _ _, Charter Review Committee P M(nutes Vice Chairman 'Muhm made a mation to a written. Committee member Hendler second� The motion carriad witfi the following vote: motipn. 7Uly 6, 2Q16 --- .. .... _ Aye: 7- Chair Frank'Carroll, Vice Chalrman Michael Muhm, and Gommittee members Claudia Bevill, Rich Hendler, David Medlin, Shirley Scholimeyer, and Nelson Thibodeaux Absent: 3- Committee members Vince Hawkins, Steve Waltens, and Tim Weymouth SECTION 7.03 (A) OF'THE CHARTER OF THE CITY OF COLLEYVILLE Section 7.03 (A) Chief of Police is hereby amended as follows to add the italicized phrases Section 7.03' (A)' Chief of Pollce: "The Chief of Police shall be appointed by the City Manager, with the approval of City Gauncil, for an indefinite term," Committee member Medlin made a motion ta approve the Section 7.03 (A) as written. Committee member Thibodeaux secanded the motion. The motion carried with the following vote. Aye: 7- Ghair Frank Carroll, Vice Ghairman Michael Muhm, and Committee members Claudia Bevill, Rich Hendler, David ,Medlin, Shirley Schollmeyer,. and Nelson Thibodeaux pbsent: 3- Committeel members Vince Hawkins, Steve Waltens, and Tim Weymouth . SECTION'7.04 (A) OF THE CHARTER OF THE CITY'DF COLLEYVIILE Section 7.04 (A} Fire Chief is' hereby amended' as follows to add the italicized phrase: Section 7.p4 (A) Fire Chiefi °The Fire Chief shaii be appointed by the City Manager, with the approval ofCity`Council, for an indefiniteterm." Vice Chalrman Muhm made a` motion to approve the Section 7.04(A) as written. Committee member Schollmeyer seconded the motion. The motion carried with" the following votec Charter`Review Committee Minutes, 7uly 6, 2Q16 Aye: 7- ChairFrank Carroll, Vice Chairman Michael Muhm, and Committee members Claudia Beviil, Rich Hendler, David Medlin, Shirley Schollmeyer, and Nelson Thibodeaux Absent: 3- Committee members Vince Hawkins, Steve Waltens,'and Tim Waymouth SECTION 7.05 OF THE CHARTER QF THE GITY OF ,COLLEWILLE'` Section 7.05 Department of Public Works `is hereby arnended as fo�lows to add the italicized phrase: Section 7.05 Department of Public Works; "The Director of Public Warks shall be appofnted by the Cfty Manager, with the approval of �ity Councit, for an indefinite term." Committee member Bevill made a mokion ta approve the Section T.05 as written., Vice Chairman Muhm seconded the motion. The motion carried with the following vote: Aye: 7- Chair Frank Carroll, Vice Cha'irman Michael Muhm, and Committee members Claudia Bevill, Rich''Hendler, Qavid'Medlin, Shirley Scholimeyer, and Nelson Thibodeaux AbsenY: 3- Committee members Vincc Hawkins, Steve Waltens, and 7im Weymouth S'ECTIQN 7.06 OF THE CHARTER 4F THE CITY OF COLLEYVILLE, Section 7.06 Department of Finance is hereby amended' as follows to add the italicized phrase: Section 7.06 Department: of Finance: "There shall be a Department of Finance headed by the Gity Manager or his;appointee, wlth the approva! of City CouncU, for' an indefinite term." Committee member Medlin made a motion to approve the Section 7.06 as written. Committee member Schollmeyer seconded �he motion. 7'he motion carried with the following vote: nk Car Bevill, Vice Chairman Michael N � Hendler, David'Medlin, � and Committee :y Schollmeyer, � Charter Review Committee Minutes: July 6, Z016 Absent: 3- Committee members Vinc� Har+vkins,Steve Waltens, and Tim Weymouth; ARTICLE XIII OFTHE CHARTER OF THE CITY OF COLLEYVILLE, The Gharter of the City of Colleyville is hereby amentled by making the following deletion:' Articie XITI Transitional Provisions is hereby deleted in its entiretiy. Vice Chairman Muhm made a motion ta approve the deletion of :Article XIII Transitional Pro�isiort as proposed. Committee member Thibodeaux ssconded'the motion. The motion carried with the following vote: Aye: 7- Chair Frank Carroll, Vice Chairman Michael Muhm, and Committee members Claudia Bevill, `Rich Hendler, David Medlin, Shirley Schollmeyer, and Nelson Thibodeaux Absent:'3 - Committee' members Vince Hawkins, Steve Vti►altens, and Tim Weymouth _ Committee member Steve Waltens arrived at 6t14 p.m., and was present and voting for the remainder of the meeting. 5ECTION 14.02 OF THE CHARTER OF THE CITY OF COLLEYVILLE' Section 14,02 (F) Citizen Complaints is hereby amended as follows to add the italicized language;; (F) Citizen Complaints; Any citizen of the City may fiie with the City Secretary a; statement of suspected conflict of interest, Such statement of suspected conflict of interest shall be filed within fifteen (15) days of the decision or vote, or if another event giving rise to an asserted violatfon of" paragraph C above, within fifteen (1S) days of when the cltizen knew or reasonably shou(d have known of the asserted violation, and shall describe the complained of conFlict in reasonable detail. The City Council or its designee, shall respond in writing to a timely filed statement of suspected conflict of interest, and the statement of suspected conflict of `interest and response of the City Council shall be maintained in the public records of the City, Section 14.02 PersonaV Ff�ancial Interest' is hereby further amended as follows to _ . _ _ _ __ _ a Charter Review Committee Minutes July 6, 2016 (K) FinanGal Disclosure and Business Confiict of interest Forms shall be provided by candidates for Mayor and City Council and by a,pplicants seeking appoinkments to the Planning and Zoning Commission or the Zoning Board of Adjustment, and shall; file such forms within two (2) busfness days busi�ess thirty (30) day to file suppiem an occurrence previously file information: (i) The focation, size, and current use of all property owned within the portion of Dallas, Denton'and Tarrant County north of Interstate 30 and east of Interstate 35W, a�d' fih�t portion of Dentort County south of State Highway 114' and east of Interstate 35W, or held in trust by the person(s), as outlined above, their spouse, and any dependent minor children, or any buslness entity in whfch the persom has a financial interest, s of hiring. All person(s), es putlined ental disclosures annually and within of any change in the information d by the individuaL 'These forms sh r appolntment, withln i period stated in the �n. The city manager ng any staff member � file the same withln �ve, shall have a duty : (5) business days of flected in the Forms include the following (ii) The name and address of any person or corporation which currently has or during the preceding twel�e (12) months has had a contractual' relationship with the City and from which the person{s), as'; outlined abo�e, thelr spouse pr dependent minor children have, received a fee; salary, or gift of value exceeding one `hundred doilars �$100.00). (iii} The name and address of any cocporation or buslness, which currently has or in the preceding twelve (12) months has' h�d a contractual relationship with'h the City, of which the person(s), as outlined above, their spouse, or any dependent minor chlldren own more than two percent (2%) of the outstanding equity interest or more than two percent (2%) of the assets., (L), The discfosure reporting obligations required by Section 14.02 (K) apply to all of the relationships listed in this Section r4.02., Committee rnember Medlin asked 'Chairman Carroll if there is any concern of more, compialnts being filed. Ghairman Carroll replied he dld not believe so, Charter Review CommitYee Minutes on the ballot. Chalrman Garroll �eplied he does not believe Section separated,, but he will leave that to the city atCorney. July b, 2016 Committee member Scholimeyer asked Ghairman CarrolJ if these items will 'be written on the ballot for voters to read. Chairman Carroll replied yes. Vice Chairman Muhm asked Chairman Carroll if the parameters in; Section 14,02 (K} (ii) includes the same area as it did originally in 20Q2. Chairman Carroll replied' yes, thaYis his understanding: Committee member Waltens made a motion to approve the Section 14.02 as written. Committee member Medlin seconded the'motion:; The motion carried with the following vote: Aye: 8— Ghair Frank Carroll, Vice Ghairman Michaei Muhm, and Committee members Claudia Bevill, Rich Hendler, David'Medlin, Shirley'Scholimeyer,; Nelson Thibodeaux, and Steve Waltens Absent: 2— Committee members Vince Hawkins and Tim Weymouth; Chairman Carrofl stated if' Section 14.02 `1s adopted, the ordinances which have adopted the financial disclosure requirements will need to repealed or amended by the City Council, to eliminate any conflict with the Charter. Vice Chairman Muhm stated the Gity Council wili neetl to develop some type of form for this tlisclosure. Chairman Carroll repliea yes, they woultl need to be approved by the City Cauncil and he is going to suggest Ghat as part' of the report.. SECTION 3.01 OF THE CHARTER OF THE CITY OF COLLEYVILLE The Charter of the City of Colleyville is'hereby amended as follows by adding as new Section 3.01 (A):, SECTION 3.01 (A) Limitations on Terms' (A) No person shall serve as Mayor for more than two (2) consecutive elected terms, and' no person shalLserve as a' Council Member for more than, two (2) consecutive elected terms, llnder no circumstances may any person everserve for more than twelve (12) consecutive years in cornbination as a Councll Mernber and Mayor. For purposes of this Section 3.01 (A) and, computing the limitations on terms; ' .. .. . _ .._.. ._._. .... .... .. . ... ... . r"w;r`,s�,.,:VaC,r'3�-M:,:a�mwen�_�°F�S,`a„rt�w'�F.M:�.:-3f:...�u�n��3;.i�2z.'�'<�`��,'.. . �.. ._ _. ........ . .__. _ . ___ _..... .. _... . _ .. .. ... . . ..(. Charter Review Commi Minutes July,6, 2016 (1) A Mayor or Cauncil Member, who vacates, for any reason, the office before the end of the term for which he Was elected, shall be considered to have completed that term, ' (2) An appointment or electlon to fulflll an unexpired Council Member #erm, or unexpired Mayor term if applicable, shali be computed as , Poliows r' - (i) if fifty percent ,(50%) or more of the term is remaining, it shall be included in the computation of terrn limits; or (ii) if less than fifty percent ,(50%) of the term is remaining, it shall; not be included in the computation of term limits., Any Council Member or Mayor, who is ineligible to run for elected City office due to the limitations on terms as provided herein, shall remain inelJgible to hold an elected'Gity office for a period of one (1) fuil term following the expiration of the most recent term of City;office for which he or she was elected with the exception of a Councfl Member seeking the office of Mayor or the Mayor seeking the offiee The term; that each person as Mayor or as a Council Member is currenYly filUng, and all terms consecutively served prior to that current term, shall ae counted for purposes of determining whether two (2) consecut(ve terms have;been served. This amendment shail become efFective 'immediately upon adoption at the next municipal election, shall apply to all persons currently occupying the Dffice of Mayor or Council Member, antl shall appiy to all municipal elections conducted after the date of adoption. Vice Chairman Muhm asked Ghairman Carroll if the one term is listed in another place/section in the Charter. Chairman Carroll replied it is included in the proposed' 5ection 3.A1 {A). Gommittee member Medlin made a motion to approve the Section 3.01 (A) with the removal af "or she" as noted aboae in ifalics. Vice Chairman Muhm seconded the motion. Committee member Thibodeaux stated there were three options the Committee cauld have taken relative to the;implementation of the term limits: (1) to make retroactive, which meant anyone who feil within #he term limits would have to resign; (2) delay it, but then the question becomes for how long; (3) make effective immediately, which affects all Councilmembers the same. He added the third option is what the Cornmittee chose, Chairman Carroil aQreed. ,,4, M ��n;�. _�. .,5�.�,_�....�, ., ..N��::�,�,:.,.x��m. h-,�f,�>� N��ti.���,:,v,�.�. _ _ ._ _ _ _ __ Charter Review GommiCtea Minutes July 6, 2016; Committee member Waltens stated he believed it should have been retroacCive, but he also belfeves in compromise. He asked Chairman Carroll if this is the compromise. Chairman Carroll replied yes. Committee member Medlin agreed. Vice Chairman Muhm stated if it had been retroactive, it would cause a special election. Chairman Carroll added which ts costly„ and by doing thls at the next election, it does not disrupt the functioning of the :legislative body, but it implements the change at the next election. Committee member Waltens stated term lirnits are necessary and he is opposed to it being retroactive because of the fiscal irnpacts to the G1ty: The motion carried with, the following vote: Aye:' 8- Chair Frank Carroll, Vice Chairman Michael Muhm, and Committee members Claudia Bevill, Rich Hendler, David Medlin, Shidey Schallmeyer, Nelson Thibodeaux, and Steve Waltens Absent: 2- Comrnittee members Vince Hawkins and Tim Weymouth Committee member Hendler asked for clarification on the transitional provisions outlined in Article XIII. Chairman Carroll replled those transitional provisions were in place for the previous Charter amendments, and now are operating totally independent of that. 4b; Discussion of additional amendments proposed by comrnittee members There was no discussion of this item. Gommittee member Thibodeaux asked Chairman Carroll about the debate about if an elected official would have to' resign his position to run for any state election. Chairman Carroll replied the Charter currently requires the elected' official to resign the City position to run for any other office. Vice Chairma�n Muhm concurred, and' stated it a'lso applies if the elected official wishes to run for a different Gouncil place: Committee member Medlin stated' he would like for Chairman Carroll's report to include the three options relative to term limits that the Committee had to choose from. Chairman Carroll agreed. Uice Chairman Muhm asked Chairman Carrolf about the Committee's role in: submitting the report to Gity CounciC, Chairrnan Carroll replied he did not,know,; but he woultl visit with Mayor Newton, and he will advise the CommitCee members: i `; Charter Revlew-Committee Minutes July 6, 2016 and their commitment to the Gharter review. S. AD]OURNMENT There being no furthec business before fhe Committee, Vice Chairman Muhm moved to adjourn the meeting. Chairman Carroll seconded. Chairman Carroll adjourned Che meeting at b;35 p.m, Minutestaken and prepared by: � Amy Shelley, TRMC City Secretary As the Charter Re�iew Cornmittee will not meet again for actual approval of`these minutes, these minutes are considered the final action of the Charter Review Charter Review Committee � : _ _ _ _ _ , __ _ , APP. D PROPOSED AMENDMENT TO GHARTER OF CITY OF COLLEYVILLE SECTION 3.01A - LIMITATION ON TERMS _ _. _ _ __ _ ._ _ _ _ PROPOSED AMENDMENT TO THE GHARTER OF THE GITY OF COLLEYVILLE The Charter of the Gity of Golleyville is hereby amended' as follows by adding as new Section 3:01A: SECTION 3.01A. Limitations o� Terms No person shall serve as Mayor for more than two (2) consecutive elected terms, and no person shall serve as a Council Member for more than two (2) consecutive elected terms. Under no circumstances may any person ever serue for more than iwelue'(12) consecutive years in combination as a Council Member ,and Mayor. For purposes of this Section 3,01A. and computing the limitations on terms; (1) a Mayor or Council Member, who vacates, for any reason, the office before the end of the term for which he was elected, sfiall be considered to have completed that term: (2) an appointment or election to fulfill an unexpired' Council' Member term, or' unezpired Mayor term;if applicable, shall be computed as follows: (i) if fifty percent (50%) or ma�e of the term is remaining, it shall be included in the computation af term' limits; or (ii) if less than fifty percent (50%} of the term is remaining, it shall' not qe included in the computation of term limits. Any Council Member or Mayor, who is ineligible to run for elected City office due to the' limitations on terms'as provided herein, shall remain ineligible to hold an elected City office for a' period of one (1) full term fallowing the expiration of the most recent term of City office for which; he was elected with the exception of a Council Member seeking, the office of Mayor or the' Mayor seeking the office of a Council Member. , The term that each person as Mayor or as a Gouncil Member is currently filling„and all terms consecutively served prior to that current term, shall be counted for purposes of determining whether two (2) consecutive terms have been served. This amendment shait become effective immediately upon adoption at the nexY municipai election; shall apply to all persons currently occupying the Office of Mayor or Council Member, and shall apply to all municipal elections conducted after tfie date of adoption. �4832-0007-5316.1 ,.. . .. ..__ ._..._ ... _... ..... ..._ .. ._.... . .,... _. __ ._.... _ .. �.... .. ..__ . .. .. . .... .. . . . APP. E PROPOSED AMENDMENT TO SECTION 3.09(C) TO CHARTER OF CITY OF COLLEYVILLE' PROPOSED AMENDMENT t� ` TO SECTION 3.09(C] OF THE CHARTER OF THE CITY OF GOLLEYVILLE Section 3.09(E) Quorum and Voting of the'Charter of:the City of Colleyville is hereby amended as follows to add the italicized provisions: � � 4826-0618-33A8 1'� . . . '[DICARROLL; WIlL1AM�.- 70050U\030927 �� ._ .... . ... ...._ ..�.._ _ ._. .. _. ...... ....__ ........ ....._.. ._ ..... _...... ._._ . _.._. ... ..; APP. F PROPOSED AMENDMENTS TQ SECTIONS 7.02, 7.03(A), 7.04(A), 7.05 AND;7.06 TO CHARTER OF CITY OF COLLEYVILLE PROPQSED AMENDMENT TO SECTION 7.02 OF THE CHARTER OF THE CITY OF COLLEYVILLE Section 7.02`City Secretary is hereby amended as follows to add the italicized phrase: d, Section 7.02 City Secretary: "The City Manager, with the approval of City Councit, shall appoint a qualified individual to fill the position of City Secretary, for an indefinite term." ' 4814-8?94-98Z6;L ID\CARROLL,. WILLIAM;-.700500\030927; � PROPOSED AMENDMENT TO' SECTION 7.03(A);OF THE CHARTER OF THE CITY OF;COLLEYVI�LE ',Section 7.03(A) Chief of Police is hereby amended as follows`to add the'italicized phrasei+: e;. Section 7.03(A) Chief of Police: "The Chief of Police shall be appointed by the City Manager, with the approval of City Cquncil, for an indefinite term." 4814-8794-9876.1.�. [D\CARROLL; W ILtiIAM - 760500\030927 ■ PROPOSED AMENDMENT 'TO' SECTION 7.04(A) OF THE CHARTER OF THE''CITY OF COLLEYVILLE; Section 7.04(A) Fire Chief is hereby amended as follows to add the italicized phrase+i f.;. Section 7.04(A) Fire Chief: "The Fire Chief shall be appointed by the City Manager, with the approval of City Councii; for an indefinite term." 4814-8794-9876.1 IDICARROLI„W [LLIAM �- 7005001030927 PROPOSED AMENDMENT TO SEGTION 7.05 OF THE CHARTER OF THE CITY OF GOLLEYVILLE Section 7.05 Department of Public Works'is hereby amended as follows to add the italicizetl phrase: g� Section 7.05 Department of Public Works "'The Director of Public Works shall be appointed by the City Manager; with the approva! of City Counci(, for an indefinite term.;,, � 0 4814-8794-9876.1 ID\CARROLI, W ILLIAM - 700500\030927:'.. ... . ..... .. .... . ...... . _. ....., ....... . . ..._. ...._.... _ ..._. ._..... .._.. _. .......... .. .. ....� PROPOSED AMENDMENT TO SECTION 7.06 OF THE CHARTER OF THE CITY OF COLLEYVILLE Section 7.06; Department of Finance is;hereby amended as follows'to add the italicized phrase:, h: Section 7.06 Department of Finance: "There shall be,a Department of Finance headed by the City Manager or his appointee, with the;approvaFof City Council, foran indefinite term;° �4814-8794�-9876:1 ID\CARROLL, WILLIAM�.-?00500\030927 APP. G P120POSED AMENDMENT TO ARTICLE XIII TO CHART�R OF CITY OF COLLEYVILLE ; PROPOSED AMENDMENT ' TO ARTICLE XIII OF THE CHARTER'OF THE CITY OF COLLEYVILLE The Charter of the City of Colleyville is hereby amended by making the following deletion: " Article XIII Transitional Provisions is hereby deleted in its entirety. 4814-8794 987fi;1� ID\CARROLL'y W [LLIAM - 7005001030927 APP. H PROPOSED AMENDMENT TO SECTION 14.02 TO CHARTER OF CITY OF COLLEYVILLE PROPOSED AMENDMENT TO SECTION 14.02 OF THE GHARTER OF THE CITY OF COLLEYVILLE Section 14:02 (F) Gitizen Complaints is hereby amended asfoilows to add the italicized language; (F) a above, within of suspected confl conflict of inte�est may statement of avs of the shall'be Section 14A2 Personal Financial Interest is hereby further amended as'follows to;add Subsections (K) and (L): (K) Financial Disclosure and Business Conflict of interest Forms shall be of AtljustmenY, and s following tfie end c within (2) business in the officiaF CitY as outlined above; shall have a duty to file suppl annually and within five (5) business days oi change `in the information reflected in the forr individual. These forms shall inciude the foll� (i} The location, size, and current use of portion ofballas, Denton and:Tarrant and east of Interstafe 35W, and that F south of State Highway 114 and east trust by the person(s), as outlined afi< the end of the application for application for the �er's senior staff members �vith City Gouncil approval)' �f'hiring. All person(s), as' mental disclosures m occurrence of any > previously filed by the ving information: Il property owned within the ;ounty north of Interstate 30 rtion of Denton Countv dependent minor children, or any business entity in which the person has a financial interest. The name and address of any person o� corpo�ation which currently has or during the,preceding twelve (12) months has had a contractual relationship with the City and from which the- person(s); es outlined above, theirspouse ordependent minor 4R14 R794 9876 1�'�.. ID\CARROLL, W iLL1AM - 700500\030427 .... ....._.. ..__ ...._ . ........ ........ ._..... ...._._ _., ... .._... children have received a fee, salary, or gift of a value exceeding one hundred dollars {$100.00). {iii) The name and address of any corporation or business, which currently has or in tHe preceding twelve (12) months has had a contractual relationship with the CitY, of which the person(s); as own mo or more (L) The disclosure,reporling,obligationsxequired by Se apply to all of the relationships listed in this Section ��4814e8794-4876.1 'I6ICARROLli�, WILLIAM -7005001030927���� lenf-minor children tanding equity interest- �. ction 14.02(K) 14A2. . . . ._ .. ... _ ..... .. .. . _... ... .. ._ .. . ....... ...._... _ ...._ ..._.. .,._. .. .. .... . .. . ... _•. APP. I�?' CORPUS GHRISTI PEOPLE'S BAPTIST CHURGH Y. NUEC�S COUNTYAPPRAISAL DIST., 904 S.W.2D 621 (TEX.1995} � Corpun ChristiPebple s Baptist Church,..lnc v. NuecosCounty Appraisal Dist.;�904 S,W2d.621 (Tex.,.1985) . Page bzi, 9oq S.W.2d 62i 38 Tex. Sup. Ct: J. 643, 3$ Tex. Sup. Gt. J. 6yg CORPUS CHRISTI PEOPLE'$ BAI'I'IST CHURCH, INC., PeHtioner, v: NUECES COUNI'YAPPRAISAL DTSTRICT eti al., Respondents. Rehcaring Overruled' Sept.lq, i995� Pagefizz Charlotte A. Cover, David C. Gibbs, Jr.,; Conneaut, OH, Clyde Jackson, Jr., Corpus Christi, for petitioner. Russell R. Graham, Kent M. Rider, Gregocy E. Perry, Dan Morales, Austin, for respondents HECHT; Justice, delivei•ed the opinion of the Court, in which PHILLIPS, Chief Justice, CORNYN, GAMMAGE and OWEN, JJ, join. Persons in some categories exempt from" property taxes must ordinarily apply for an exemption before May x of the year for which; taxes are imposed. T'EX.TAX CODE';§ 1i.43� The Legislature has e�ended this deadline, however, for certain exempuons, including the religious organization exemption. Id. § 11.433•-The case;before ns questions,whether', this particular statutory provision„ section' 1x.433i v�olates either of two provisions oF#he Texas "Constitution: article ,III, section 55= which prohibits the Legislature from' e�inguishing any person's obligation to the State, and article I, section i6, which prohibits retroactive laws. 4Ve hold it does not. f Ic1St:; + 'r � Taxes are imposed upon real property each year as of danuary i. TEX.TAX CODE § 2z.oz. On that date a lien' authorized `by article UIII, section i5 of the Texas, Constitution' attaches to the properly to; secure their payment. Id, � 3z:ox. The amount' of taxes assessed is not determined untillater' in the year, however, when appraisals have been completed and tax rates set. Id. §§ z6;ot & 26.05. Tax bills mnst be mailed by October i of the year for which taxes are assessed, or as soon thereafter as practicable. Id'. § gi.oi. Taxes are due upon;rreceipt of Ehe bill, and if not;paid by February 1 of the following year, the taazng unit may sue to collect the tax and'' foreclose its lien, Id. §§ 3i.o2 & 33•4i• Article VIII, section 2(a) of the T�as Constitution authorizes the Legislature to; eacempt the property of religious orgattizations from taxation, and' the LegislatuTe has exercised this authority. Id. § n.zo. To be entitled to the exemption, however, a religious organization, like certain others claiming tax exemptions; must,apply to the chief appraiser in the disfrict where'the proper[y Page 6z3 is located'i before May i of the first year for which the ta�c exemption is claimed. Id. § u.43(a), {c) & (d). Application for -the' exemption in subsequent years need not be made unless the chief appiaiser requires it. Id. § u.43��). An application Ifor exemption was first required of religious organizations in ig82,- after section ii.43 of what was then the new Tax Code took effect. Act of May 26; i9�9, 66th Leg., R.S., ;ch. $4i, § 3(a), i979 Tex.Gen.Laws zzi�, 23i3. Before iq8o, under the prior law, the procedure for claiming the exemption was foT a religious osganizatioq to file witkt the taxing authority a sworn, itemized list of eacempt property. Act approved May i4, i93i, 4and Leg., R.S., ch. iz4, § i, 'i9gi Tex,Gen:Laws 'zu, ui-i2 Corpus Christl Peopio's Baptist ChurcY, lnc. v. Nueces �ounty Ap_pr,aisal Dist,.Q09 S.W,2d'B21 �Tex., 1995). ,.,. {formerly TEX:REV.CN,STAT.ANN, art. qi5o(x)). This statute was repealed, effective January i, i9So, by the enactment of the new Tax Code. Act of May z6, i979, 6fith Leg., R.S., ch. 841� §§ 3i� & 6(d)> 1979i Tex.Gen.Laws 22i7, 2315� 2330, The religious organization exemption under section i1.2o of the>new Tax Code, which simply carried over from the prior law, became effective on January i, igSo, along with other parts of the' new Code. Act of May 25, ig7q, 66th Leg:, R.S., ch. 84i, § 3(f�, ig79 Tex.Gen.Laws 22i�, 23ig. As already noted, however, this was rivo years before the effective date of section ii.43> governing applications for exemption. Thus, in i98o and 198i a religious ocganization was not reqnired to file a list of'prape application, or do anything else to property tas exemption. The requirement of an application and the deadline for filing that application appear to haue caught religious organizations and other tax-exempt persons unaware, with the result that some lost their exemption because they did not timely apply for it. See HOUSE COMM. ON WAYS & MF,ANS, BILL ANALYSIS, Tex.H.B. 835� 73rd Leg;, R.S, (i993) -(explaining the reason for the twelve- year e�¢tension enacted in ig93, which also applies to the six-year extension enacted three years earlier.) In response, the Legislature in igqo enacted section it.433� effective September b, i99o; which statesi §' 11.433• Late Application for Religious Organization Esemption (a)-The ehief appraiser shal] accept and approve or deny an application for an exemption under Secrion ii:zo [for religious organizations] after the filing deadline provided by Section 1x.43 iFthe application is filed not later than Decembec 3i of the sixth' year;afrer the year in which the taxes for which= the exemption is claimed were imposed: f l:��t"...�� � (b) The chief appraiser may not approve a late application for an exemption filed under this section if the tazes`imposed on the properiy for the year for which the exemption is claimed are paid before the application is filed, (c) If a late application is lapproved after; approval of the appraieal records for the year' for which the exemption is granted, the chief appraiser" shall notify the collector for each taxing unit in which the property was taxable in the year for whieh the exemprion' is granted. The colleetor shall deduct from the organization's tax bill the amount of tax imposed, on the property for that year if the tax has not been paid and, any unpaid penalties and accrued interest relating to thaY tax. The 'collector ;may not refund tazes, penalties, or interestpaid on the proper[y for which an exemption is granted under this secuon. (d) The chiaf appraiser may grant am exemption for property pursuant to an application filed under this section only if the property otherwise qualified for the exemption under the law in effect on January i of the tax year for which the exemption is claimed. (e) An application may not be filed under this section after December 3i; iggi. Act of June b, i990, ,�ist I.eg., 6th'C.S., ch. 8, § 1, i9qo Tex.Gen.Laws q6. This is the provision at issue in this case. In igg3, fhe late' application deadline was further e7ctended when subsection (e) was amended ta read as follows: (e) Notwithstanding',Subsection (a), the; chief appraiser'shall accept and approve or deny an applieation for an exemption under Section xi.zo after the filing deadline provided by Section1i.43 if the application 'Page 624 .,. . _. .. _ .. .. _ . .. .... .. . .. .. . .. _ . ... .. . _ .... . _. ... .. . . ._.... ...._. . . . _. . _. .. . .. _ . _ .. . .. . �;a(pus Christi l�eople,'s Baptist Church, lnc, v. Nuetes County qQpYalsal Dist,.9U4 5,41[,2d B21 {Tez., 1995E _. is filed not ]ater than December 3i of the 12th year after the year in which the taxes for which the exemption is claimed were imposed and if the application is filed before January lr i995• This subsection eapires January i, 1996: Act of May 30, i993� 73rd Leg., R:S., ch. q'7i; § i, i9q3 Tex.Gen.Laws 4235• Section 11.433 aoes not extend the time for applying for an exemption if tha taxes have already been paid, nor does it permit refunds. Section ii.433 �s similar to two other statutes 'enacted in iqgi permitting late applications for tax e�cemptions, although the permission granted by those two statutes has now expired. T�X.TAX CODE § 11.434 Csix- year eztension for schoo]' exemption until December 3i, z992i; '§ ii.435 ��'o-year e�ension For eharitable organization exemption until December 31, i9qi); Act of May2�, ig9i, �2nd Leg., R.S, ch. 836� §§ 6.3 &, 6.4, ig9i Tex:Gen.Laws 2890, 2894-95• The Legislature' has also e7ttended the deadline for claiming a homestead exemption for a yeac after`taxes are paid or become delinqyent. TEX,TAX CODE § ii.43i., Section x1.4gi, unlike sections ii.433-•435> appears to have been motivated by constitutional concerns. See ; Op.Tex. Att'y Gen. MW-z59 (i980) (°A legislatively designated cutoff date for homestead exemption claims under article VIII, section x-b of the Texas Constitufion will not alone operate to deprive a taxpayer of an exemption ..."); see also Op.Tex. Att'y Gen: JM-zzi (i984) (secrion ii.43i permits tax refunds when homestead application is filed late}, II The Corpus Chrisri People's Baptist Church owns a tract of some 43o acres in Nueees County. A 24•33-acre piece 4f the tract has long been exempt from ta�cation and is not in dispute in this litigation. In' 1990 the Church applied for and received an exetnption for an additional i4b•343 acees of ' r t�� the tract. At about the same time, Nueees County sued the Church to collect taxes assessed' on the i46�343 acTes from xg84 through iq8q that were never paid. This appears to have been the first effort to collect those taxes. Shor[ly after that suit was filed, seetion ix.433 became effective, and about two months later the Church"applied for'an exemption for the i46�343 acres for the years i984 through x98q. The Nueces County Appraisal Disd•icY denied the application solely because it considered section x1.433 uneons[itutional under article III, section 55 and article I, section i6 of the Texas Constitution. The Appraisal Review Board upheldthe Appraisal DistricYs decision. The Church petitioned the district court for review. Nueces County's earlier-filed delinquent taz suit against the Church was consolidated with this action. The Attornep; General intervened for the limited purpose of defending the constitutionality of section zY•433• The case was tried on stipulated facts. The Church abandoned its claim of exemption for the years ig84 and i985� based upon-the outcome of an uncelated ]awsuit. The parties agreed that if, and' only if, sectiom ii.433 �S constitutional, the Church is entitled to an exemption for the r46•343 acres for the,years i986-i98g. The district court rendered judgmentfor the Church: The 'court of -appeals determined, as a threshold matter, that Nueces County, the Nueces Gounty Appraisal District, and the' Appraisal Review Board, which we refer to collectively as "the County", had standing to challenge the constitutionality of section ii.433� 86o S.Wzd 6z�, 630. The Church and the Attorney General do not challenge the County's standing in this Court, and given ttiat the Church has standing and our disposition of the constitutional issues, we need not address that question. See Texas Ass'n of Business v. Texas Air Control Bd., 852 S.W�2d 440, 441 n. i(Tex.i993)= The coart of appeals held that section ii.433 violates article 3II,, section 55 of the Texas -E' - .CQrpus Cl�rfsti t��ople's F�apHst Churah� lar. v. Nu¢r,es COUnty Ap�raisal Dtst.;.,89A f.W.2tj629 (Tax . 1995j ___ ConstituNon and did not Teach the County's arguments, based, upon article I,;section i6. 86o S.W.2d at 63i. Because we disagree with the court of agpeals; we consider both constitutional provisions. III; Article III, aection 55 oF the TexAs Constiturion provi�les: TheZegislature shall have no power to release or e�inguish, or to authorize the Page 625 releasing or extinguishing; in whole orin part, the indebtedness, liability or obligation of any corporation or individual, to this State or to any county or defined subdivision thereof, or other 'municipal corpot�ation therein, except delinquent taxes which have been due for a period of at least ten yeaTs. The CounTy contends that once the process af levying taices is completed'for a given year and taxes become due, the amount assessed <is an obligation to the taxing, unit which section ;u.433 cannot release or e�ctinguish by 'eMending the deadline for claiming an eacernption. The Church argues that delinquent ta�ces are not an '"indebtedness, liabiliry oT obligation" within the meaning of section 55• We do not regard this argument as even plansible. For one thing, there would be no reason for section 55 to except' t�es delinquent for ten years as it does if this section did not'contemplate that taxes were an obligation within its purview, For, another, it is simply too plain for argument that assessed taxes are an obligation owed to the taxing unit. We reachedi' this unsurprising conclusion long ago. 011ivier v. Ciry of Houston, 93 Tex;, 2oi, 54 S•W 943� 944 (iqoo). � Even though we believe taxes due are clearly an obligation to a taacing entity that cannot be forgiven under article III; section 55, we do not believe section xt:433 extends such forgiveness. Section>s ii.433 simply prescribes the dme in whicfi a ta�c exemption' mast be clairned. The,County's argument that` the Legislature is constitutionally forbidden to allow an exemption to be established after taxes ����.. have'�. been assessed is too strict a reading of article III, section 55. As we noted above; the Legislature has prescribed various deadlines in the: tax collection processi January 1 for imposition of taxes, July 25 for appraising property, September 1 for levying tax rates, October i for mailing tax bills, and February i for payment.'The Legislature"is likewise entitled to rset a deadline for exemption applicarions. See Sam IIassett Lumber Co. v. �ity pf Houston, i45 T�• 49�, i98 3 W.2d 879, SSz (i947). Just as the Legislature may make the religious organization exemption automaflc, as itdid in 198o and i98i, it can extend the time for ftling applications. See Dickison v. Woodmen of the World Life Ins. Soc'y, z8o S.W.2d 3i5,; 3i� (Tex.Civ,App.--San Anionio x955, �t refd) (when the constitution permits, rather than prescribes, a particular exemption, the Legislature may ordinarily limit Yhat exemption as it pleases). Section ui433 does not on its face extinguish any Tiabiliries owed to a taxing authority. Indeed, if a religious organization does not apply for exemption within the e�ended period, the taxing unit is entided to recover all delinquent taxes. Rather, the effect of section u.433 �s;merelyto delay the ta�cing authority' from collecting taxes for a prescribed period of time until either- the religious organization, files for exempt status or fails to make late application. When an application is no longer allowed, the taxing unit is free to collectits taxea This tolling provision is similar to statutes of hmitation, which we have held are permissible under article III, section g5; In �Carpus Christi Pepple's�BapYist Church, inc. v. Nueces Gount� Aopralsal Dist,:90d S.W.2d 621. f�TaX,�1995�. .... Sam Bassett Lumber Co., the City of Houston sought to obtain a personal judgment for delinquent property taxes. The defenclant asserted limitations as a defense. The Court concluded that a ten-year statute of limitations did not violate article III, section; 55 because limitation statutes do not aelease or extinguish a debt but merely affect the remedy when its enforcement is sought. 1g8 S.W.2d at 882 (citing Goldfrank, Frank & Co. v. Young, 64 Tex. 432, 434 ii8$5); Limestone County v. Robbins, izo Tex, 34i, 38 S.W.zd 5g4> 584 C193i); Central Nat'I Bank v. Latham, zz S.W:zd �65, �68 (Tex.Civ.App.-- Austin 1929, writrefd)), We conclude thaf secdon ii.433 merely determines the procedures for claiming a celigious organization exemption and does not release or extinguish tax obligations: Accordingly, we hold [hat section xx.433 does not violate article III, section 5g of the Texas Consritution. N The CounTy also asserts that section i1•433 'is a retroaetive law prohibited by article.I, sectiom i6 of the Texas Constitution, which states: "No bill of attainder; eic post Page 6z6 facto law, retroactive law, or any law impairing the;obligation of contracts, shall he made." .. retroachve tit= op,er,atton. State v. Yro7ect Principle, Inc.; �z4 S.W.2d 387� 390 (Teac.i98�). Section u.433 may be said to have some retroactive effect in that it allows an exemption to be established after taxes are assessed. However, as we have already determined, section ii.433 does not eutinguish any tax liability; it simply prescribes the timing for eollection. A taxing' unit has no vested sight to taxes until the exemption is determined. Section ii.433 does not retroaetively confer an exemption; it e�ctends the time for determining whether an: exemption is warranted. Thus, section ii:433': is not a retroactive law in violation of article I� sectiomib. Because we hold that section 11.433'does not violate either article III, section 55 or artiele I, section i6 of the Texas Constitution, we reverse the judgment of the court of appeals and affirm the judgment of the trial :court. .. . . . ... :5�, ENOCH, Justice joined by GONZALEZ, HIGHTOWER and SPECTOR, Justices dissenting. Section i�.433 seeks to retroactively attach exempt status to the proper[y of religious organizations. It is available only to delinquent ta�cpayers. TEX.TAX GODE § i1.433�)• Continuing its beneficence to those who fail to pay their taxes, see Syntaz, Inc, v. Hall, Sg9 S'.W.zd x89 (Tex.i995) �delinquent taxpayer entitled to excess proceeds of resale' by ta�ring unit despite lack of any interest in the properYy), the, Court gives short shrift to the Texas Constitution and erroneously concludes that section ii.433 of the ta�c code violates neither article III, seetion g5 nor article I; section i6 of the Texas Constitution: Section 11.433' of the Tax Code violates the plain meaning of both provisions of the Texas Constiturion. I respectfully dissent. I. Under article III, secdon 55 of the Texas Constitution; the only tae ]iabilities the I.egislature has any power to forgive are delinquent taxes that have been due for at least ten years: TEX. CONST. art., III, § 55• Otheiwise, the Legislature has "no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in part," the tax liability of any corporation or CorQus Ghristi,(�eonle,� �taptist �hurah, Inc, v. Numces Cnunty Aporaisa! �ist .9p4 S.W1d 621 +Tex. 1995� individual owed to the County: Id. The delinqnent taxes at issue in this case are for tax years i986-89 and thus not within the Legislature's power to forgive: By retroactively attaching,.:exempt status�to the Chureh's property, seetion ii.q33 forgives the original tax liability for those years eontrary to the plain tcrms of article'TII, section 55� The Court' concludes that section; ii:433 does not e�inguish or release any such obligation, but simply limits the Gounty's remedy for collecting the'taxes. go4 S.W.zd at 625. This limitation, the Court asserts, is akin to statutes of limitation whieh we have held' do not violate article III,. section 5g. Sam Bassett Lumber Co. v. City of Houston, i45 Tex., 49z; xg8 S.W.zd 879� 88z (1947)• Section u.433 does not havera similar effecf. It is undisputed that, but for the late application, the Church's property is.entitled m an exemption nnder section uzo. TEX.TAX CODE § ii.zo. An exemption under sectiom ii.zo must be claimed by May s of the year for which the exemption is sought. Id. § ix.43(d). Once allowed, the section ii.zo exemption need not be claimed in subsequent years except in certain situations not relevant here.'Id, § ii,43(c). The Church, although entitled to an exemption, did not claim the exemption for the years 1986-89 and the Church's properly4became subject to taxation. Taxes were levied and assessed and became due on receipt o£the tax bill. Id� § 3i.o2(a). The taxes became delinquent when they were not paid by February i of the year following the year in which the taaces were imposed. Id, Section ii.433 does not simply limit the; County's remedy by precluding the County from enforcing its remedy to collect the unpaid'; taxes for six years. This provision seeksto retroactively Page 6z� attach exempt status to':property when taxes have already been ]evied' and assessed and are delinquent; Section u:433 oF the Teacas Tax ��. Code violates article IIT, section 55 of the Texas Constitution. IL Unquestionably, section i1.433 is retroactive in operation' by peTmitting retroactive attachment of exempt status to proper[y for prior taz years. The retroactive efFect of a statute, however, does not itself violate article I, secUon iG. A statute must also impinge on vested rights. State v. Project Principle„ Inc., �2q S W:2d 387> 390 (Tex.iq87). In this regard; our article I, section i6 has been interpreted by this Court as broader than the fedei•al counterpart, artiele, I, sections 9 and io of the United States Constitution. Mellingec v. City of Houston, 68 Tex. 37� 3 S.W. z49, z53 Cx88�): The pcohibition in the Texas Constitution is broader because unlike the Federal Constitution, article I, section i6 prohibits not only bills of attainder; ex post facto laws,;and laws impairing the obligarion of contracts, but also prohibits retcoactive laws. IdJ By prohibiting retroactive laws, our Constitution protects not only pToperty rights, but any other rights that have vested prior to the passage of any law, which if retroactively applied, would take away those rights. Id. In x88�, this Court wrote about those' rights suUject to protection under article I, section i6 as follows: [I]t musC necessarily be held that a right, in a, legal sense, exists, when„ in the consequence of the eicistence of given: facts, the law declares that one person is entitled to enforce against another a given claim, or to resist the enforcement of a claim urged by another; Faets may exist out of which, in the course of rime or; under given circumstances, a right would become fixed'>'or vested by operation of existing law, but until the state of facts which the law declaTes shall give a right comes into existence there cannot be in law a right; and for this season it has been constantly held _ .. _ _ _ _ _ . CntRus Christt People's 6aptist Chu[cM1; fnc. v. Nuocos County Appr�isai Oist,.9a4 S.W 2tl fi21 (T� e�x., 1893M. ..� that� until the right becomes fixed'or vested, it is lawful for the law-making power to declare that the given state offacts shal] not fix it, and such laws have been;constantly held not to be i•etroactive in the sense in which the term is used: Mellinger, 3 S.W. at z53. Interpreting the rights protected under article I, section 16 in this manner, the Court struck down as retroacTiue a statute that eliminated a delinquent taxpayer's right to rely on ]imitations as a defense to a 4:ix collection suit when limitations had run prior to enactment of the statute. Id, at 254-55• Agreeing that sectiorr ii.433 has a retroactive effect,; the Court concludes that section u.433 nonetheless is constitutional because it does, not impinge on' any vested rights. 904 S.W:zd at 626. The retroactive extension of exempt status under section 1i.433� however, eactinguishes the existing tax liability owed to the County. The taxes; which are due on receipt of the tax bill and become delinquent if not paid bp February i of the following year, represent a liability that has matured and for which the taxing unit may enforce collection. TEX.TAX CODE' §§ 31.o2(a), 33.4i. 'I7iat right to collect delinquent ta�ces cannot be taken away by the retroactive application of an eatemption. Mellinger, 3 S.W. aTz53. Moi•eover, section ii.433 destroys the County's vested constitutional a�d statutory taz liens in the property. TEX. CONST. art. VIII, § is; TEX:TAX CODE §'g2.oi. The Texas Properry Tax Code provides that although a lien attaches as of January i of the year for which any taxes, penalties, or interest may become due, the tax lien' may be foreclosed only after the taxes on the property become delinquent. TEX.TAX GODE §§ gz,oi, 33•41• There can be no: dispute that at the time section' xi.433 �'as enacted in iqgo; the Counry possessed constitutional and statutory t� ]iens that couid be enforced and foreclosed to collect the delinquent taxes _�� owed for'tax yeaTs i986-89: With the late application and allowance of' a reCroactive; exemption, section xi.433 `destroys the County's valid, existing, and''mature ta7c liens in violation of article I, section x6 of the Tezas Constitution, Because I would hold that section 1i:433 violates both article III, section 55 and article I, section i6 of the Texas Constitution, I Page 628 would affirm the judgment of the couft of appeals. I'dissenY. APP. J TARRANT COUNTY i! ASHMORE, 635 S.W.2D 417 (TEX.1982) , 7airantCounty v. Ashmorc.��&355.W.2d.417 iTex.,.19$2}. ... ,.. Page 4i� 63g S.W.zd 4i� TARRAN'I' COUN1'Y et al., Petirioners, v. Bob ASHMORE et al., Respondents. `No. C-985. 3upreme Courtnf Texas. June 23, ig82. Rehearing Denied July zi, i982. Page 4x8' Tim Curry; Criin. Dist. At[y., Frederick M. Schattman, Asst. Dist. Atty, Fort Worth, for petitioners., Farrar &'Claunch, Jim Claunchrand Roy Basham, Churles Dickens; Fort Worth, for respondents.; POPE, Justice; Bob Ashmore and others, aIl Tarrant County justices of the peace and constables threatened with removal from office by the redrafting of'precinct bound'ary lines, brought this action for damages and for declaratory and injunctive relief against the Tarrant Counry Commissioners Court. The: claims asserted in the suit werebased upon"alleged' violations of procedural due process, and upon 'the purported rights of duly elected officeholders to complete their full terms of office: In response to these claims, the' commissioners argued that their acrions were authorized by Teat.Rev.Civ,Stat.Ann, art, zg5i' i(2, which then allowed commissioners courts to declare certain offices abolished or vacated when precinct lines were Page 4x9 redrawn. � The trial conrt' held that, while article 235i i/2(c) was a constitutionaP means of removing officers from their positions, the procedures used by the Tarrant CounTy Commissioners to accomplish that puipose in the present case were inconsistent with the L�tSCi : ;; officers' property rights and rights of due process. As a result, the court held, xhe officers were entitled to recover from the county ihe salaries and benefits they would' have earned had they been allowed to reinain in office for their ful] terms. The court of appeals affirmed the judgment of the trial court: fi24 S.W.2d 740. We reverse the judgments of the courts below. In the spring of ig8o, the Commissioners' Court of Tarrant CounTy began the process of examining the justice and constable precincts in the county with a view #oward complying with a federal district court redisteicting order. See Bagsby v. Monciief; No. CA-4-79- z4k (N.D.Tex.i9�9). The ]ast redistricring of Tarrent Gounty hadltaken place in i8�6, and a' wide disparity between precinet populations e7risted. � After receiving a proposed redistrieting plan prepared; by a demographic e�cpert hired to study population h•ends inthe county, the commissioners held five public hearings on consecutive nights in early August i98o in order to solicit public comment. On August a5, the<commissioners adopted the proposed plan, and concurrently ordered' that all justice and constable precincts and each of' the offices located therein°be abolished effective January i, ig8i, so that the newly defined offices could be filled by appointment. The present 'action was filed onr DecembeT i6, i98o, by three justices of the peace and one constable seeking damages and injunctive and declaratory relief. Thereafter, on December i9, the trial court ordered the joinder;of all otherjustices and constables in the county as involuntary plaintiffs. 3 Trial was held on December 3o,and 33: While it was clear to the participants during trial that all justice and constable positions had tieen vacated, it was not certain at that time whether any ,incumbent or recently elected officer would be appointed to serve in any of the newly drawn precinets, since the commissioners court planned to make the appointments,on the evening of December 3i. _ _ _ . _ 7arrant Coun?,X�v. Ashmore,.635 S,W.2c[�}17 (Tex,,,1992) . The trial'court ruled on January,9, 1981, that article sg5i x/2 was constitutional, that the commissioners court had the power to redistrict and declare the o�ces of the jusrices and constables vacant, and that the vacancies could be filled 'by appointment. Notwithstanding the finding of validiTy of article235i xJ2, however, the court'held that the officers had proper[y Page 420 rights in their offices and were deprived' of such property rights by the commissioners court without just compensation or regard for dae process. As. a result, the court held, the justices and constables were entitled to full salary and benefits, including any future cost of living increases af£orded other counry officials, for the remainder of their elected terma'4' The court of appeals affirmed the judgment of the'trial court. In so doing, the court,agreed that the precinct officers had a property right in their oflices and held that the'redrafting of precinct boundaries must in all cases accord due process to the incumbents whose elective of�ces may be abolished. The court also held that, even if article;z351 i/2 was a valid and constitutional statute, it sfiould not he wnstrued as providing for the loss of a valuable property right-the right to complete an elected term of office-without just compensation. Recovery for lost salaries and benefitsfor thennexpired terms was thereforeaffirmed. Taking of Property We are awaTe that article I, section i9, of` the Texas Constitution provides that "(n)o person's property shall be taken ... without adequate compensation ...." Additionally, the fifth amendment to the United States Constitution, made applicable to the states by way of'the fourteenth amendment, concludes with the woTds: "nor sha11 private,pToperty be taken for public use, without compensation." ... _ .. . .. .. _ �. -2.,, We agree that these provisions stand as a shield behveen the exercise of governmental power and the rights of a11 citizensxo own and enjoy property. We do not agiee with the court of appeals, however, that the public officers in the present case had a"proper[y" interest in their positions such that vacating the offices prior'to the end of their terms resulted ;in a constituti�nally recognizable "taking" of property:without compensation. The nature of puUlic ofFice has long been a point of analysis and discussion in Texas. Early courts desci�bed the elected and appointed position as "the right, authority, and duty created and conferred by law by, which, for a given period either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some portion oF the sovereign functions of' the government to be exercised;by him for the benefit of the public." Kimbrough v. Barnett, 93 Tex. 3oi, 319, 55 S.W, i2o, i22 (xqoo), quoted in Commissioners' Court of Limestone County v. Garrett, 235' S:W. 9�0, g�z (Tex.Commh Appa922, judgmt adopted). As the foregoing passage indicates, public offices began to be described properly by Texas courts not in terms of a"contract," "employment," "ownership,° or "possession," but rather as a"trust," "duty�' and "public benefit." In other words, stated'briefly, pnblic office came to be seen in Texas not as a right, but as a responsibility. In State eac cel. Maa�vell v. Crumbaugh, 63 S•W� 925 827 (Tex:Civ.App. San Antonio i9oi, writ refd), for examgle, the court stated; A public, office is not "property,° within the meaning of the constitutional provision that "no person shall be deprived of life, liberry or property without due process of law." It is a mere public agency, revocable according to the will and, appointment of the' people; as exercised in the constitution and the laws enacted in conformity therewith. Moore v. Strickling (4V.VaJ (46 W.Va: gi5), 33 S.E; a�4, So L.IL:A. 2�9. In the case cited the court in its opinion_makes .,. the following .. ... . . _ ..... ....._ .. _.. .... ... . . ..._.. .. ._ ._. ...__.. _ ..... _... ._ ........ ... . . ._ .. ... ... �. ... Ta�ran� Coimty v, Ashmarc 635 S.W.2d 417 (Tex., 1982� .._ _. quotation: "It is impossible to conceive how; under our form of government, a person can own or have a title to asgovernmental office. Offices are created foi the administration of public affairs. tNhen a person is inducted into an office he thereby becomes empoweeed to exercise its powers and perform its duties, not for his, but for the public, benefit. It would be a misnomer and a perversion of terms to say that an incumbent owned an office or had any title to it " Page 42i It may be tioncluded, therefore, that a fundamenta] principle associated with our republican form ofgovernment is that`every publie officeholdei remains in his posirion at the sufferance and for the benefit of the public, subject to removal from office by edict of the ballot box at the time of the next' election, or before that;time by anyother constitutionally permissible means. The decision in State en rel. Maxwell v. Grumbaugh, supra; in declining to identify a public office as the "property" of the, officeholder, is in; line with the majority rule in other jurisdietions. See Annot., i�z A.L,R. i366 i194$)� 99°A.L.R. 336 �1935)S 4 A.L.R. zo5, (i9i9). In 'the early case oF Taylor v. Beckham, iy8 U:S. g48, 2o S.Ct. 8go, 44 L.Ed. 1187 (1900), the United States Supreme Court was asked to settle a contest over the offices of governor and lieutenant,goveenor of the State of Kentucky._ The defendant officeholders in that suit, who were the«losers of an election contest conducted in the state's general assembly, sought to retain, their posirions by asserting a property right to the office and the bene$ts attached thereto. The Supreme Court responded negatively to this contention by stating:' The view that public offiee is not property has been generapy entertained in this country. l�lst,, U .3. The decisions are numerous'to the effect that public offiees are mere agencies or trusts, and' not property as such. Nor are the salary and emoluments properry, secured by eonfract, but compensation for services actually rendered. Nor does the fact that a constitution may forbid the legislature from abolishing a public office ar diminishing the salary thereof during the term of the incumbent ehange its character or make it property. True, the restricrions limit the; power of the legislature to deal with the office, but even such restrictions may be removed by constitutional amendment. In short, generally speaking; the natuce of the relation of a public officer to the puhlic is inconsistent with either a properly or a contract right. Id. at 5y6-q�, 2tr-S.Ct. at 9oo-9oi: The holding of the Court in Taylor was, subsequently reaffirmed in the case of Cave v. Missouri ex rel. Newell, 246 U.S. 650, 38 S.Ct. 334, 6z L.Ed. g2i (igi8) (per curiam), and', again in Snowden v. Hughes, 32x U.S. i, �, 64 S.Ct: 39Z 400, 88 L.�d. io90 (i944). In Edge v. Holcombe; i35 Ga. '765, '70 S.E. 6qq (igii), the Supreme Court of Georgia reiterated the majoriry position expressed by the United States Supreme Courti We will only observe that a carefu] study of the cases discloses that in'the early history of the English jurisprudence the right to hold' office was regarded as a property right, and. many decisions were made in recognition of this principle; but the American courts now' uniformly hold that an office, rclatively (sic) to the government, is a public trust, and not a property right. Where an office is created by the Legislature, ,the power which created it may t"uc its term and provide for the sooner determination thereof, and the offlcer takes the office with this limitatiorr. Similarly, in Smith v. Thomson, 219 Iowa 888, 2g8 N.W.- 19a� 193 �i934), the court stated: TarrentCnunty_ v. Ashmare, 638 S.W.2d 4A7 {,7ex...19&21 (I)t must be conceded, as a general rule, that thes relation between a public officer and the people"is not in the nature of a contract, and that such office has in it no element of property: It is a public trust, created for the benefit of the state, and not for the benefit of the individual citizens thereof; and the prospective emoluments of a public office are no4 propertyin anysense. Tlie same ivle has been repeated many times in many jurisdictions. See, e.g., Cosbyv. Moare, z59 Ala; 41, 65 So.zd i�8, i8i (i953); Trimble v. People, i9 Colo. i8�, 3g P. q8i ti893); Kfrkpatrick o. King; 228 Ind. 236; 9i N.E.2d �85, 988-89 (1g5o); Lanza v. Wagner, ii N.Y.2d 3i�, z2q N.Y.S:2d 380; 18g N:Esd 670, 6�3 (1g6z); Simmons v. Elizabeth City, i9'7 N.C. 404� 149 S.E. 375� 376 �1929)� Wright v. CiTy of' Florence, 229 S.C. 419� 93' S.E.2d215, 220 (1qg6). Page 422 Our holding in thisicase should not be construed to mean that an officer, duly elected and inducted into his position for a definite term, has no financial or "property" interest that may be protected against interfeience by others: not acting under statutory or eonsritutional authority. See Walton v. Davis;:i88 Ga. y6, 2 S.�.zd 603, 604 (ig3q); State ex rel. Ryan v. Norby, u8 Mont. 283, i6g P.2d 302, 304 (i946). � stated in Sutton v. Adams, x8o Ga. q8, i�8 ac`cdrt7�ng t� l�w, ... it does not follow that he has abso]utely no financial or properry interest which may be protected by a court of equiry as againsf one who otherwise and by private means seeks to interfere with his possession and conduct of such office during his incumbency therein:' See also Carver`v. Wheeler Couniy, zoo S.W. 537> 53$ (Tex.Civ.App.-Amarillo 19x8, no writ). Cf. Taylor v. Nealon, i32 Tex. 60, izo S.W:2d � 586 (i938) (election wntest between rival candidates); State exrel. Jennett v. Owens, 63 Tex. 26i (i885) (same). What we do hold is that the ,qualified interest held by a public officer is not "properry" within the sense of' constitutional guarantees against governmental takings of property without compensation, See Myers v. Tunks, g6o S.W.zd 5i8, y2� (Tex.i9fia). Absent a recognizable property interest, the officers have no claim for salaries for the unserved portion of their terms. See generally Bennett v. City of Longview, 268 S.W. '786 (Teac.Civ.App.-Texarkaixa agz5, writ Tefd n.r.e.); State ex rel. Dowlen v. Rigsby, 43 S.W. z�i, (TexCiu.App.i89�) writ refd per curiam, 9i Tex: 35x� 43 S.W, uoi (i897}. ProGedural Due Process The officeholders claim, and the court of appeals held, that' salaries for unexpired terms should be recoverable in this case because the procedures employed to vacate the precinct pasitions did not conForm with minimum requirements of due, process. According to the court of appeals, grocedural due process in such cases calls for notice in advanee' of liearing informing the ineumhents of (i) the time, place, and location, of each hearing; (z) the subject matter' to be considered; (3) the possibility of termination of positions prior to expiration of terms; (4) the possibility that no incumbents would be reappointed to the new posirions; (5) the possibility that present salaries would not be continued; and (6) the existence of the right to appear and deFend rights and to show cause why the offices should not be terminated without compensation. 624 S.W.ad at �44. The court concluded upon review of the record that such due proeess requirements had not been met in the present case. _. The requirements of procedural due process apply only to the threatened deprivation of liberty and property interests deservin� the protection of the federal and' Tarr'antCounLy.v.Ashmore,:fi35S.W.2dA17.(Tex,4982j .. . state constitutions� Board of Regents u. Roth, 408 U.S. 564� 569� 92 S.Ct. 2yo1, 2�05, 33 L.Ed.zd g48 (i9'7z). Therefore, any necessarily begins with a consideration whether the particular interest at stake is, a protectible interest. In the'present'case, we aeknowledge that an officer's interesT in his elected position, though not "properly" in the wnventional sense, is a recognizable interest' for purposes of procedural due process analysis. See Ridgway v. 'City of Fort Worth, 243 S.W. 740, 745 CI'ex.Civ.App.-Fort, Worth xg2a, writ dism'd); Paris v. Cabiness, q8 S.W, 925> 927 (Tex:Civ.App. igo6, no writ). See also Howard' v. BeIl County Board of Education; z4� Ky. 586, g� S.Wsd 466, 46� C1933): T'his qiew is consistent with recent United States Supreme Conrt pronouncements that procedura] due process protecrion extends well beyond traditional concepts of ownership and title to encompass anything Yo rvhich a person may assert a legitimate claim of entitlement. Board of Regents v. Roth, supra 408 U.S: at 572� 577i 92 S.Gt. at 2yo6, 2�09. To say that an interest deserves due process protection does not define the Page 423 amount of process that is due in a given instance. At a very basic level, deprivatlon of a protected interest requires notice and an opportunity to be heard. 5 The type of notice and hearing required varies according to the facts of the situation. Bell v. Burson, 402 U.S. 535, 540, 9i S.Ct. 1586, 1589, 2q L,Ed.2d go (i9�i). It is incorceet to state that the full procedural protecdona afforded in a criminal' trial proceeding are required every time there is a right to a hearing, Cafeteria & Restaurant Workers Union >v. McE1Toy, 36� U.S. 886, $94� 8i S.Ct. 1743, i748> 6 L.Edsd i23o (i96i); Robison v. Wichita Falls & North Texas Community Action Corp:, So� F.zd z45,'252 �5th Cir: i975)• ^5` In his treatise on adminisirative law, Professor Kenneth Davis attempted to clarify the confusion surrounding notice and hearing, requirements by drawing a distinction between determinations of "adjudicarive" and '7egislative° facts. K. Davis, Administrative, Law' Treatise g§ i2:i-xz;8 (2d ed. i9�9). Under this dichotomy, the "adjudicatiue" facts,, those that answer the questions "who did what, where, when, how, why, with whafi motive or intent,° are the types of facts that usually demand a trial-type proceeding' complete with full pxocedural safeguards- service of citation, compulsion and cross "Legislative" facts, on the ot with mazters of' policy and Id. a` to Iversarial setting, Bi-Metallic Investment v, State ;Board of Equalizarion of 445r36 S.Ct. i4i, i4z, 'sC p. Frank, 388 F.2d 486� 491-g2 (zd GiT. 1968); Jackson County Public Water Supply District �. State Highway Commission, g65 S.W.2d 553: 559 (Mo•1963); although an opportunity for open and public debate in a speechmaking or public meeting-- Type hearing or in a notice and comment; procedure is probably appropriate iF not; essential. Londoner v. Denuer; 2io U:S. 373�: 28 S.Ct. �08, gz L.Ed. iio3 (i9o8); Davis,, supra at;§ iz:5. In applying these principles to the instant; case, we' note that commissioners courts id' various'counties;of Texas are given authority to divide the counties into precincts and to revise those precincts "from time to time, for the convenience of the people." Teac.Const. art. V, § i8. Furthermore, as we noted previously, the commissionershad at the time of this suit statutory authoriTy under article ?351 1/z to abolish offices and declare vacancies incident' to the redrafting of _. _ _ _ , _ _ ,_.. TarrznYCoui7ty.v,Ashmore„6355,W.2d497(Tex„1982) boundary lines. Assuming the validity' of article 23gi i/r,r and given the constitutional provision, the Tarrant County Commissioners Court received a grant of power from the people of the state and from the legislature to perform the action here complained o£ As such, the redistricting may be seen as the exercise of legislative or quasi-legislative power leading to the resolution of essentially political issues. We cannot conciude thaYthe ofFicers involved in this suit were wrongfully deprived of a trial-type adjudication of relevant facts, since there were no adjudicative facts to be determined. 6 Page 424 Examination of the record in this case teads us to conclude that, given the circumstances of the case.and the issnes to be decided, the officeholders received as muah' protection as they were due. The court of" appeals acknowledged in its opinion that the district attorney's office mailed letters to the offiicers infarming them that; the commissioners court had scheduled public meetings to consider redistricting the officers'' precincts, and that notice of the meetings were also posted in compliance with the requirements of' the Open Meetings Act, Tex.Rev.Civ.Stat.Ann, arC, 62g2-i� § 3A. In; addition, the record reveals that the officers did, in fact, know about the hearings; that they knew what the hearings were foi; that each officer attended at least one meeting; some accompanied by their attorneys; and that each officer was given the opportumry at the meetings to make comment and inquiry. There-was considerable discussion, and at least one officer did esercise his right to speak. While we do not hold or imply that the ofFiceholders whose positions were terminated had no rights to notice 'of the proceedings, or that the redistricting determinations could have been made in secret without invited comment from the publiG or the officers, we do hold that the attempts made to involve all interested parties in the legisiative process in this case �w were adequate. We therefore render judgmenf thatthe respondentstake nothing. i Article z35i<i/2then provided: (e) When boundaries of justice of the peace precincts are changed, so that existing precincts are altered, new precincts are formed, or former precincts are abolished, if only one previously elected or appointed justice of the peace or constable resides withirr a precinct as so changed, he shaIl' continue in office as justice or constalile of mainder' of the term to or appointed, If more istable`eesides wifhin a preeinet as so changed, or if none resides therein, the office shall become vacant and the vacancy shaR be fllled as- other vacancies; pro�ided„ however, xhat in precinets having two justices, if two reside therein, both shall eontinue;in office, and if more than two reside therein, both offices shall become vacant. This portion of the statute was deleted'; by recent amendment. See i98x Tex.Gen.LaWs, ch. 280, § i, at 74$, Article 235i i/2 "now provides:; (b) When boundaries of commissioners or justice precincts aTe changed, the terms of office of the commissioners, justices of the peace, and constables then in office shall not be affected by such change, and each of them shall be entitled to serve ftir the remainder of the term to which he was elected even though the change in boundaries mayhave placed his' residence outside of the pTecinct for which he was elected., 2 For example, the largest justice precinct ig. TarranY County in i9�9, precinet' one, eontained 4oz,�3o persons, the smallest precinct, precinct eight, had a population of only i2,638. 3 Of the ten justices in Tarrant County; eighf were in office at the time of suit, with terms _ _. _ . _ _ _. Tarrant Gounty.v, Ashmorc, 635 S.W.2d 477 (Tex., 1982) expiring December gx, i982. Two justices had' been elected in November i98o but were not due to take office until January i, ig8i. All of the eight constables were to begin new terms on January i, i98x. 4 The ,judgment provided that any off'iceholder appointed to-'the same or similar position who declined to serve would waive his rights to"recovery.;The record does not revea] what dispossessed offieers, if any, were reappointed by the commissioners aourt. 5"Many controversies have ragedsabout the cryptic and abstract words of the Due Process Clause but ihei�e can be no daubt that at a minimum they' require that deprivation of life, liberty or property by adjudication be preceded by notice and, opportunity for hearing appropriate to the nature of the case:"' ✓, Centcal Hanouer Bank & Trust Co., 306> 3i3� 7o S.Ct. 652� 656, 94 L.Ed: 6 A different sitnation would have existed, of course, and a more sophisticated adjudication procedure would have been required, had'the commissioners sought to Temove any of the officers for causes such as incompetence or, malfeasance. In such cases, due process would' accord' the officer an opportunity to refute the charge in a trial-type hearing in order'to protect his "good name, reputation, honor, or integrity:" $oard oF Regents v. Roth� supra 4o8'U.S. at 573= 92 S.Cf. at z�o7; Cafeteria & Restaurant Workers Union v. McElroy, supra gb� U.S'. at 898; 8i S.Ct. at i�go; Wieman v. Updegraff, 344 U;S. i83, i9o-91, 73 S.Ct: zig, zi8-2i9s 97 L.Ed. 216 (iq52). Additionally, the issues of` incompetence and malfeasance would constitute adjudicati�e facts determinable only in an adversarial setting, and' not in a legislative forum. DAVIS, supra at § 12i3- i2:4. In the present case, there was no suggestion of removal of the officers for "cause"; rathex, the discretionary action was taken' pursuant to the statutory and constitutional authority. The only factual ^7- issue acguably involved in the process was whether the redistricting plan was consistent with the "wnvenience of the people," although this question was itself easentially a matter of policy. _.. _ _ . __ _ e m APP. K TEX.ATTY.GEN. OP'. NO. GA-0356 (2005)' _ _ _ __. _ _ _. _ _ _ Tex. Att'y Gen, Op. No. GA-0356 (2005) -- Greg Abbott Administration' Page 1 of 4 ��� ��. ATT�1tN'iY GENERAL OF TGXekS G:REG ABSOTI" September;l2, 2005 _ _ _ _... _ _ _ _. The Honorable Jeri Yenne �, Opinion No. GA-0356 B'razoria County Criminal District Attorney Re: Retroactive application of municipal I l l East Locust Street term lirnit provisions (RG-0327-Gt�T , i Angleton, Taxas 77515 Dear Ms. Yenne;' you ask whether the term limit provisions of the Alvin: ;e as city council member and mayor � You have: submifted the Alvm Ciry Attorney's letter on You received a letter from a citizen of Alvin asking about the application of the term limit provisions to the eurrent mayor and forwarded it to the Gity Attorney for Alvin. See Request Letter, supru note 1, at 1. T'he Alvin City Attorney subsequently reviewed reccirds of past city chacter revisions and interviewed members of the 2001 Charter Review Commission and other city officials who attended Commission meetii�gs. See id; at 2. She concluded that' the ciry eouncil "intended that the term limit of an individual running for the elected office of Mayor was separate and exclusive of any time served on the Council." Kacz Letter; supra note 2; at 2. The Alvin City Attorney has forwarded the following rquestions to you, asking that you request an attornay general opinion`addressing them: L Do term limits apply to combined terms of coLmcilmember and mayoral service? 2. Are council District and At-Large positions considered separate offices for term limit: considerations7 3. What is the retroactive application of the term limit prouision? Does the 8 year term limit that became effective May 2002 upon adoption of the charter revisions apply to fuhue service only? Request Letter, supra note 1; at 2(amphasis-omitted). See also Ifacz Letter� supra note 2, at 1. Your letter prouides your analysis of and conclusions to these questions. See Request Letter, supra note 1, at 3'-6. https://texasattorneygeneral.gov/opinions/opinionslSOabbott/�p12005lhtm/�aD356:htm 6/24/20f6 _ _ . _ _ __ _ _ _ ` Tex. Att'y Gen. Op. No. GA-Q356 (2005) -- Greg Abbott Administration Page 2 of 4 This office does not construe city charters unless the charter provisian raises a question of federal or state law. See Tex. Att'y Gen. Op. Nos. GA-0226 (2004) at 3, GA-0130 (2003) at '` 3, GA-0068 (2003) at 2,n.2, SC-0143 (1499) at 3, JM-865' (1987) at l n1 {this office does- noi ordinarily construe city charters; in deference to municipal officials), H-1-014 (1977) (applicabiliTy of city charterprovisions to contract with county is to be determined by contracting parties). See also Tex. Atty Gen. Op. Nos. GA-0110 (2003) (considering whether home-rule orciinance is consistent with-state statute); GA-0068 (2003) (considering whether ethics ordinance proposed for adoption by home-rule city is consistent with federal a�d state law). This o�ce has issued opinion requesYprocedures stating that "[q]uestions involving cities, independent sefiool districts, or others not specified in Sections 402.041- 402.045 of the Government Code should be submitted by a statutorily authorized requestor only if they concern subject matter covered by the jurisdiction and duties of the office submitting the request." Attorney General af Texas, Opinion Request Procedures: How to Request;an Opinion: � Thus, we decline to answer the questions asking for an interpretation of city charter provisions. However; in connection with question threc you raise a question of state iaw: ; whether term limits may be;applied retroactively. RequesYLetter, supra note l, at 4. We will address this question. Article I, section 16 of the Texas Constitution provides that "[n]o bill oFattainder, ex post Pacto law, retroactive law, or any 1aw impairing the obligation of contracts, shall be made:" See Tex. Const. art. I, § 16. This provision applies to c$arter provisions and ordinances adopted by cities. See Coffee v. Castleberry, 258 S,W. $89, 892 (Tex. Civ. App.-Amarillo 1924), judgm'treformed on other grounds and affd, 272 S.W. 767 (Tex. Comm. App. 1925). It prohibits retroactive laws only to the extent they "destroy or impair rights which had bec�me uested." See Subaru of,4m. v. DavidMcDavid Nissan, Inc., 84 S:W3d 212, 220 (Tex. 2002); Corpus Christi People's Baptist Chureh, Ine. v. Nueces County Appraisal Dist., 904 S.W.2d 621, 626 (Tex. 1995); Merchant's FastMotor Lines, Inc. v. R.R. Comm'n, 573 S.W:2d 502, 504 (Tex. 1978); Deacon v. Ciry ofGuless, 405 S.W.2d 59, 62 (Tex. 1966); McCain v. Yost, 284 S.W.2d 898, 900 (Tex. 1955). Thus a law is not invalid even though retroactive in operation unless uested rights are destroyed or impaired. Corpe�s Christi People's Baptist Church, 904 S. W.2d at 626; Tex. Att'y Gen. Op. No. GA-0149 (2004) at 5-6. The legislature may enact a statute shortening an incumBent officer's term and apply it to persons in office when the act becomes effective, as long as the Texas Constitution does nof fix the term of office. See Yopham v. Patter�son, 51 S. W.2d 680, 683 (Tex.1932). See alsi� Tex. Gonst. art. N, § 4(establishing four-year terrn of office for governor); id. art. V; § 1$ (establishing four-year tcrm forjustices of the peace and constable; providing that each justice and constable in office when:precinct boundaries are changed shall serve out terni). The Alvin City Charter sets the terms of office forthe mayar and city council members. See A1vin, Tex., City Charter art. TI, §' 1(2002) (attachment to Request Letter, Exhibit C). h�s term:ot;serylcesor aqollsi�;l tne;oY2lce�eni�r�1=y,c,�]ee 1 ar!`anr l.ounry v. ,v,rmm�re, 03�-�. S. W:2d 417, 422 (Tex. 1982) (pubtic oCficer's£'qualified interest in office is neither property nor a vested right}; Tex. Att'y Gen, Op. Nos. JM-1233 (1990) at 3(member of State Board of Pharmacy has no vested right to his position); JM 235 (1984) at3 (school board may https://texasattorneygeneral.govlopinionslopinions/SOabbott/op/2005/htmJga0356.htm 6/24/2016 Tex. Att'y Gen. Op. No. GA-0356{2005) -- Greg Abbott Administration Page 3 of 4 establish single-member trustee districts pursuant to statute, even though terms of some incumbent trustees will be shortened); H-955 (1977) at Q(absentlegislative �lirection, state '. agency board that established chair's term of office by resolution may reduce terrn and apply change to present chair). ln Attorney General Opinion JM-1233, this office construed a term limit provision applicabie to members of the Texas State $oard of Pharmacy, detennining that the term limit provision applied to service performed before the statute's effective;date. See Tex. Att'y Gen. Op, No. JM-1233 (1990) at 2-3: It found that the statute was not retroactive, noting that "tl�e legislature could have even reduced ...[the board member's] present terrn of service or abolished the offrce entirely." Id. at 3(citing Attorney General Opinions JM- 235 (1984) and H 955 (1977)). See also Tex. Att'y Gen. Op. No". DM-493 (1998) at 3-4 {statute shorteniiig term of incumbent does not violate constitutional provision against retroactive laws): If a city charter terAii limit pzovision applies to service as a city officer prior to its adoption, it does not impair a vested right and'therefore is not a"retroactive law" prohibited by article I, section 16. An opinion of the ; charter provision r Very truly yoias, SU'MMARY General will`not canstrue city uestion of state or federal law: ..� ' � `f i GRE;G ABBOTT Attorney General of Texas- BARRY MCBEE First Assistant Attorney General NANCY S. FULLER Chair; Opinion Comrnittee Susan L. Gamison Assistant Attomey General,; Opinion Committee Footnotes the ]. Letter from Honorable Jeri Yenne, Brazoria County Criminal Districi Aitorney, to Honorable GregAbbott; Texas Attorney General {Mar. 15, 2005){on file with Opinion Committee, also uvailable at httu://S��tivw.��aR.state.tx.us} [hereinafter Request Letter�. https:l/texasattorneygeneral.gov/qpinionslopinions/SOabbottlop/2005/htm/ga0356:htm _ _ _ _ _._ _ _ 6/24/201`6 Tex. Att'y Gen. Op: No: GA-0356 (2005) -- Greg Abbott Administration Page 4 of 4 2. Letter fromBobbi J. Kacz, Alvin City Attorney, to Mr. Jim Wiginton, Chief-Civil Division, Brazoria County`Attorney's Office (Feb. 21, 2005) (attachment to Request LetteT, '' Exhibit A) [hereinafter Kacz Letter], 3. Avaidable at http://www.oag:state.tx.uslopinopen/opin request�roc.shtm. 4. A public officer may have a financia] or property interest' in his office that a court will protect against private interference, for example in an election contest. See Tarrant County v. Ashmore, 635 S.W.2d 41;7, 422 (Tex. 1982): _. Home � O ip niuns s m https://iexasattorneygeneraJ.gov/opinions/opinions/SOabbott/op/2005/htm/ga0356.htm 6/24/2015 , _ _ _ _ . _ AYP. L TEX.ATTY.GEN. 4P. NO. JM-1233 (1990} 1990 Tex, AG LEX/S 125' O�ce of the Attorney Generel of the State of Texas RepoRer 1990?ex.AG:LEXIS�..125 , Opinion No. JM-9233' �October 15, 7990: Core Terms #ull term„retroactive, reappoint, pharmacy, eligible Syllabus . C`�� _ .. . _ .. ...... ...... . .. .. .__. ..... _.. .... .. .... .. Re: Application of a provision in article 4542a-1 V.T.C.Sr, the Texas Pharmacy Act, limiting the eligi6ility of board members to two terms (RQ-2129) Request By: JIM MATTOX; Attorney'Generel of Texas Opinion Mc Fred S. Brinkley, Jr:, R.Ph. Executive DirectoHSecretary Texas State Board ofPharmacy 8505 Cross Park Drive, Suite 110 Austin, Texas 78754-4594 You have requested our opinion,regarding the eligibility of a memtier of the'Texas State Board of Pharmacy to serve another term.; You explain that a particular reappointed in 1979. In 1981, Pharmacy Act: individual was appointed to a full term on the Board of Pharmacy in 1973 and the legislature enacted the following provision as part of amendments to the Texas, (c) A memtier of the board maynot serve more than two consecutive full termsi The completion of the unexpireds portion of a full term does not constitute a full term for purposes of this section. V.7.C. S. art. 4542a-1. § 10(c). The mem6er in question was,reappointed to the board in 1985f You suggest that he is eligible tobe reappointed in 1991, because the 1981-85 period constdutes"completion ofthe unexpired portion of a fuli teem, " and the appointments in 1985 and 1991 should be construed [*2] as the beginning dates of his allotted full terms. You:contend that to consider the member's ptior service atthe time the statute was amended in 1981 would constitute � retroactive application of the statute, It is cedainly the settled rule thaC"a statute is presumed to be prospective in its operation unless expresslymade retrospective. " Texas 0�'t o/ Public Safetv v_. Se/cik 751 3 W 2d 239 240 (Tex. App. -- San Antonio 1988, no; writ). Furthermore "a law is retrospective if it'changes the eonsequences of acts eompleted before lts effectrve" William GarroU- _ _ _. __ :_ 1990 Tex. AG'LEXIS 125, `4 tlate' . is not u Page 2 of 3 a statute that is retroactivety applied In Perrv v. O'FarrelL 272 P.2d 848{Colo 1949)� a state constitutional amendment imposed a requirement that five additional points be added to the final scores of veterans who sat for state civil service examinations. R non-veteran who had taken the examination priorto the arnendment brought suit, claiming thatthe addition offve points to ["3] the scores of veterans would amount to a retroactive application of the amentlment. The court declared: An act is not retroactive if it applies to persons who presently possess°a continuing status even though a part or alf of the requirements to constitute it were fulfilled prior to passage of'the act or amendments lhereto. Id. at B52 (quotin9 �4�tt�/��tii�` �tf �<G�tP;�s 6f Flkettl�n.'s P�i7sfo�5 Fu��i�� P.2d J63> P3�(�alo, �J38J�.: Analagously,' in the'situation you present, most of the members"requirements ., . were fulfilled prior'to passage of the act" This fiact alone does not mean that the statute is retroactive if fiis prior service is considered in determining his future eligibility. aet�ra t� ��r�k��y���t��j�f_�tCltj '�'d i'satrn'f� �2S9:L�.2r1�a8$ (S G�i�$,t^fs considered the status of an ho had been hired as a chief investigator for a solicitor under a statute which provided a means for employment terminations by an elected official. Subsequently, a statute was enacted which declared :es of a solicitor serve at his pleasure. The investigator brought suit, contending that application of the at will" statute ["4] to his situation wouid give3hat law retroactiue eTfect. The court concluded that this �se of retroactive applicatiorr office, In Open Records Decision No. 358 (1983), it was argued that a change in the status of certain property tax info�mation from' open" to 'closed" applied onty to informationaollected after the effective date of the statute. The opinion stated: The Open Records Hct vests no right in anyone,to have previously-disclosable.information remain tlisclosatile notwithstanding an iritervening determination by the legislature that itshould be withheld irom public inspection . ... To be vested, a right mustbe something more ["5] than an expectation of the continuance of an existing law. If must have become an entitlement to the present or future enjoyment of property or the enforcement of a demand, or to a legal exemption from demantls. Id, at 3. In the situation you'pose, the member had nowested right to his posihon on the Pharmacy°Board. As the Southi ' Carolina court noted; the legislatu�e could have even reduced hispresent'term of service o� abolished the office entirely. SeeAttorney General Opinions JM-235 (1984); H•955,(1977). Finally, wenote thatthe legislature could have entirely excluded from the application of section 10(c) allmembers who were serving on the board at the time the statute was amended: This approach was used in Amendmeni 22 of the UnitedStates Constitution, which limited the term of office of the President of the United States to two terms, tiut specified that d did "not apply to,any pe�son holding the offce of President when this article was proposed by tfie Congress." Article 4542a-1, however, contains no such grandfatfier clause. William Carroll Page 3 of 3 1990 Tex.AG iEXIS 125,'6 ;�" (SUMMARY A member of the State Board of Pharmacy who was appointed in 1973, andYeappointed in 1979 and 1985, is not eligible to be reappointed to the' board underthe terms of section 10(c) of article 4542a-T: V.T.C:S., which was enacted in 1981 and which limits membership on the board to two fuli terms. Load Date:2014-06-29= A William Carroll'i _ _ _. _ _ AYP. M; ORDINANCE 0-02-1322 � . _ _ _ _. __ _ _ ORDINANCE 0=02-1322 TEXAS, OF REAS, the ci#izens of the City of Golieyville are entitled to know certain' information about candidates for public office, elected offreials and membets of the planning and Zoning Commission antl`the Zoning Board of Adjustment that may infiuence 'their decisions ar determine whether they can make unbiased decisions; and to insure citizen trust of elected and appointed officials of the Gity, IT RESOLVED BY THE CITY COUNGIL dF THE CITY OF AS FOLLOWS:- Sec: 1. THAT `the terms used'in 4his ordinance shaq,have the following'meaning: A. Account of Financial Activitv. An "Account of Financial Activity" � ` means and,shall consist of: � .: �,�:a .. {i} � lfs�� of sau��es ctf o�cu�atfonal': inaorne �u�n� tY�� r�p�rtil�� p�riad, �de�iti�d by tMe: empC���r, ��e ��+p�oy�r"� a��r�ss �nd �osifr�t� hetd� or i� selfi�e�r�ta��d� I�y �he na��rs� o� .4�ta �aoau��tiott,. the bw�ine�s ac#tir�ss ��ci po',��tf�r� h�fd of'#tte indiVidual, their spouse and those under the individual's financial control; and (ii) Where an individual or those unde� t control own real property or a benefici< entity owing real property within the Exhibit "A" to this ordinance during tF account shall Jist the name in which leg ividual's financial est in a business crosshatched on �rting period, the to the propertv is entity in which a beneficial intarest is held {if applicable), the lot, block, subdivision, city and county, or, if the real property is nof paR of a subdivision, the number of acres and tracfi, city and county in which the property is located. Further the account shall list each property identification number assigned by the � (�� Ordinance 0-02-1322 � Page 2 of 6 county appraisal districtto the propedy and by the street address (if available).; Further, the account shall list the names and' ' addresses of-other persons or business entities which own an interest in the real property. ff a business entity 'is a limited partnership, the name and address of the generai partne� shall' be inciuded; and (iii} The name, address and nature of business of any business entity in which the individual or those under the individual's control held or acquired a beneficia� interest of 10% or mote during the reporting period; and (iv) The name and address of the person, busine: organization from which the individual or t individuaPs fiinancial control during the reportinc a gift of anything of value in excess of $250.00 � of each gift, except (1) gifts received from an inc second degree of consanguinity or affinity a�s d sub-chapter B of Chapter 573 of the Governn political contribution that was reported as requ (3) an expenditure required to be reported by a to be registered under Chapter 305 of the Gc and (v) The another po: the position or other a red by law; person req address of any business entity, non-p�ofit' able association; business association or other on in which the individual or those under the ial control were an officer, director, or he►d'' uring the reporting period and a description of B: Bankruotcv. "Bankruptcy" means ihe filing of a petition; voluntary or involuntary� under Chapter 7, 11 or 13, of the Banktuptcy Code. (Title 11 of the United States Code). c. A "beneficial `interest" mean; in trustwhere the individual-is eitherthe trustee or the beneficiary of the3rust. Where the ordinance refers to a beneficial interest of 10% or more of a business entity it is meant that the individual' owns or is entitled to either a legal or equitable interest in 10% or more of the v _ _ _ _ _ _ _ _ � Ordinance 0-02-1322 Page 3 offi` outstanding:stock, membership interest or other indicia of ownership of the businessentity. ' D. Business Entitv: A"business entity" 'means a sole proprietorship, partnership, firm, corporation, holding company,, joint stock company, receivership, trust, or any other entity recognized by Iaw th�ough which business or profit is conducted. E. Those Under The Individual's Financial Control, °Those under the individual s financial control"' means the individual's spouse and dependent chiidren's property or financial interest over which the individuai had actual control or where the property was community property during the reporting period. F. Renortina dndividuals. "Reporting Individuals" means each member of the City Council, including the Mayor, each candidate for;membership in the City Council, including the Mayor, each member of the Planning, and Zoning Commission and Zoning Board of Adjustmeni, who are appointed after the passage of this ordinance and each applicantfior a position on the Planning anti Zaning Gommission or the Zoning Boa�tl G. Re ortin Period. The "reporting periad" means the twelve (12) month period.immediatelypreceding the date the Account of Financial Activity is due pursuant to the terms of this ordinance: H. Trust. A"trus£' means a trust subject to Chapter 9 of the Texas Property Code thaf owns real properly or a beneficial interest in a business entity owning real' property within the area crosshatched on Exhibit "A" to this ordinance or where'the trust owns a 10% or more beneficial interest in another business entity. 2: THAT the Reporting Individuals shall' #ile a report oftheir Account of Financial Activity for the applicable reportipg period. 3: THAT the Reporting Individuals shall file a report disciosing the filing of' any bankruptcy petition by or against the individual, their spouse, a business entity in which the individuai owned a beneficial interest of 10% or more, a business entity in which the individual was an officer or director of the business entity at;the time of bankruptcy filing. � O�dinance 0-02-1322 Page 4 of'6 THAT'the Reporting Individuals shall file a report disclosing the filing of any information'which charges a misdemeanor involving morai turpitude; a felony indictment, conviction of a misdemeanor involving moral turpitude or conviction of a felony of the individuaP or of a business entity in which the individual had a 10% or more beneficial interest or where the individual was at the time of the filing or conviction an officer nr director of the business entity. The,report shall specify the name of the person or business entity charged, ##he nature of the offense, and if the information or indictrnent did :not resul# in a conviction, the disposition of the information or the indictment. THAT the disclosures required by Sections 2, 3 and 4 hereof shall be made on the Financial Disclosure;and Business Conflict of Interest Forms which are attached hereto, shall be varified as provided therein and shali be filed with the City Secretary onsthe following dates: A.Candidates for membership in the City Council, including the Mayo�,; who are not currently sitting Gouncil members, shall file within two {2) business tlays following the date upon which the filing for election for the position for whichthe individual seeks election is closed: B. Sitting Council members, including the Mayor, shall flle on or before twenty (20) days after the passage of this ordinance and on the first business day following January 15 and July 15 each year. C. Applicants seeking appointmenf to the Pianning and Zoning Commission or the Zoning Board of Adjustment shall file within two (2) business days following the end of the application period stated in the official City advertisement for application for the position. D. Sitting members of the Planning and Zoning Commission and the Zoning Board of Adjustment, who are appointed after the passage of this ordinance, shall file on the first business day following January 1'5 and July 15 of each year. THAT the Reporting' Individuals shail have a duty to file supplemental disclosures upon the Financial Disclosure and Business Conflict of Interestforms whioh are attached hereto within three (3) business days of an occurrence of any change in the information reflected in the Financial pisdosure and' Business Conflict of Interest Forms previously filed by the individual orwhere saitl;information becomes inaccurate or ut, . _ . _ .. _ . ... ._.._ . .. . . . .. .. ..... _. ._. . ..... ....... __ . , _. . . . .. .... . . .... . ... � 7: � � Ordinance 0-02-1322 Page 5 of 6 incomplete after the, repoding period but prior to the conduct of the election at which they seek office or prior to their appointment. THAT 1he failure to file when due the Financial Disciosure and Business Gonflict of Interest Forms, including any supplernents required thereto, shall constitute a violation of this ordinance antl shall 6e punishable by a; fine not to exceed the sum of $500.00. 1t shalf be a defense to any prosecution of a violation of this ordinance'that within three (3) business days of the due date of any Financial Disclosure and Business Gonflict of interest Form, including any supplernents �equired thereto, the individual' filed a Financial Disclosu�e and Business Conflicf of Interest Form in conformity with the pro�isions of this ordinance: THAT if any section, paragraph, clause or provision of this ordinance fo� any ,�eason is to be held invalid ror unenforceable, the invalidity or unenforceability of such section; paragraph, clause or pro�ision shall not affect the remaining portion of this ordinance and the ordinance shall be read as if such invalid or unenforceable provisions did'not exist, THAT upon passage hereof, ftesolution R-01-1789 is repealed in its entirety. 1Q. THAT the City Secretary is hereby authorized and directed` to cause publication of a description caption and penalty ciause hereof as an alternative method of publication as provided by law. IT IS;SO ORDERED. first teading hearing being conducted on the .%� � day' of` public hearing being; conducted on the �'i � day of ES I : �- � �����������x�.. thia Singleton, TRMC Secretary AS TO F�RM AND LEGALITY: oster Ordinance 0-02-1322 Page 8 of 6 CITY OF COLLEWILLE ����' � �rrtha Arp Mayor ..�� _ - , �, — _ _ _ _ _ ORDINANCE NO. 0-02-1322 Exfiibit "A;, The crosshatched area is the portion of Tarrant Couniy, north oflnterstate 30 and eastbf Interstate 35 W, and`that' portion of Dentoq Couniy south of State Highway 1i14 and> east of lnterstate 35W. 3{ , 1NFORMATION STATEMENT In accordance N NILK NAMF:lA31:6UFFl% ��I .._ .__ FOR FILING i ❑ STATEMENT pNoicare c ❑ ELECTEp OFFICIAL =� ❑ ZONING:BOARDOFADJUSTMENT�nPvucarviaRAaaoiMee) _ ❑ PLANNING AND ZONING COMMISSION IAPP��cariTOFlAaaowiEe) ... .._.. � TWO (2) BUSINESS DAYS FOLLOWiNG THE CLOSING OF FILING FOR E�ECTIVE, OFFICE OR APPOINTMENT � CHANQES TO BE FILED. JANUARY i5TH'.. ❑ CHANGEST08EFl�E0'��.tULY15TH': r: ❑ SUPPLEMENTALCHANGES�: � 1322 Form 1 income as suhJecttofederal reporting requiremenis for a spause:� �BPOUSE. . .. . .. .... . . . .. ��DEPENDENTCHILD 1 •-- :�:,.: ..., , � � �� �-- 2 ,. __ ... . . _. ` ' ; _ . _-., _ .. _.... .. . . _. _ . . ... . 3 ._ .... ; .__. ... .. 6�. NO CHANGE. �'��. I do by here�ve�fy�lhat there has 6een�:no changes:since tBe previaus filing of ihe Finandel Oisclosure and Business Conflict of�.Jnterest Forms. PLEASE SEEFORM�B� � In�parts 7•4 dlsclose your financial activiry during the 12 months proceeding the date.of flhng. In par15 disslosa:not pnly youP own tinancial activlTy, 6ut also that of your spouae antllor dependeni child or ch�ldren, IEyou�had acWal coMrol over�: thatperson's hnanclal activity. � �INITIALHERE� � DATE . . .. " .:_...__� �_,...—.,....,....—�---'—�n..—� .. _. �.., rv :L ,:..... . .2, _ , a�a :�<JF. �..r u.: :::- _ . K . � �::.� ,..z«:... .. . . .�... ... . . .. . . ... .. .. _ .. _ .. .. ..... ... . . ... . .... . . . ... ... ...._ ... _.. . ... ...... _.,_. . . _.. .. . . ... . .. SOURCES OF OCCUPATIONAL INCOME Form 2 When reporting info�mation a6out�a dapenden4.chlld s activity, indicate the child about whom you are reporting by�� �providing the numbar under wnich the child Is listed an FORM�4: t INFORMATIpN RE�ATES T0 ❑ FlLER ❑ SPOU9E ❑ OEPENDENTCHILD � " � �`� �' °� ��NAMEANDA�ORESSOfEMPLOYERIPO5ITIONHELD� ���� �� zEMPLOYMENT ❑ EMPLOYED ❑ 6ELFEMPLOYED'�. . , ..�.-.�:�.. INPORMATION RELATES TO ❑ FILER EMPLOYMENT ��.Q EMPLOVEO BVANOTHER : �,Q SELF�:EMPLOYE� INFORMATION RELATES TO ❑ FILER'�.�. EMP�OYMENT � ❑ EMPLOYED BYANOTHEIi; e NPTUP20F OCCUPATION ( NAMEAN�AOOPEBS f POSITION HELO'� ❑ SPOUSE ❑�.OEPENDENTGHILD .. ... NATURE OF OCCUPATION�( NAME ANO pDOqESS / P091TION HELO ❑ SPOUSE ❑���EPENDENTCHILO . ❑ SELFEMPLOYED� .) COPY AND ATTACH ADQITIOD INITIAL�HERE::�� NATUFEOFOCCOVATIDN� IGES AS NECESSARY' DATE:; - .. _ _ - INTERESTS IN REAL PROPERTY Form 3 Describe all peneticlalinteresis In real prvperty held or acqufred by you, your spouse,�or a dependant ctiild tluring the� calendaryear withln tfie area crosshatched on the map attached to Ordinance 02•1322. For mora infarmatlon see INSTRUCTION GUIDE��. �� �� �� When reporting Information atiout a dependent child's activiry, indicate the child about whom you are reporting by providing 'tfie�num6erunderwhich the child is Iisted on�Form 7.�, . HELD�OR ACQUIRED BY ',. ❑ FIIER �� ❑ SPOUSE; ❑ DEPENDENTCHILD � . .. ... . .. , .... _ . DESCRIPTION Lot C�9+ --', . . . � QIocIL. County _ . - _. j Subdiwsion . AtlValorumTauAccouniNumber STREETADDRESS' ❑ NOTAPPLICABLE NAME ❑ INDIVIDUAI ❑ BUSINESS HELD OR ACQUIREDBY 3STREETADDRESS ❑: � NOT APPLICABLEr AN ❑.FILER ❑ SPOU9E Lot, ...._. _...;. Blodc_ Subdivislo � Acres and Tract ... .... ' COPY'AND ATTACH AD�ITION, INITIAL'�HERE'c - .. v ❑ DEPENDENT�CHILD ... .. City, County . . ...... Advalorum Taz�Account Number�� OATE: ........ .... _ . . ..__ .. .__.... . ... _ . ... ..._. ...._. ......_ .._.... ....._.. ........ ._... .. .... ._. _. .... ..� INITIALHERE:�..._„ OATE3�. �-- . . -.- ,..._,_._,;�.. .�.���:� _._..��.;..-�,:--... --.--� , »�,�.._ ,.�....., . .. . ... �.,� . ,.,.., w�=-�.'»- .�.��_..�vu...�-, . .. _ ... _ .... .... _. . ._... . . __... ._ . .... _._... ._.... .. ....... . ....... . . ... . .... ....... e Finenciei 6lsclosureand9uafness�ConilictoflnterestFortm� POSITIONS Form 5 sltlons end directorship held by you or lhose underyour Iinenclal DE activRy,. indicate the:child about whom you ara reporting by providing When reporting information�about a depentlentchiltl's the�number under which the�:child is listed on Fofm 1. POSITION HELD BY ORGANIZATION � NON PPOFIT � �CHAflITABLE�ASSOCIATION POS ITION' HELD`BY" ORGANIZATION i � �....NON PROFIL . � y CHARITABLE ASSOCIATION�: n'� ai1RIGFCF:GRSCICIATION POSITION HELD BY ORGANIZATION ❑ FILER ❑ FILER ❑ FILER � ❑ SPOUSE ❑ DEPEN�EN7:GHIlD ��.- . .. , ❑ SPOU3E ��� ❑ DEPENDENTCHILD , . �� QSPOUSE�. ❑DEPENDENTCHILD . ,INITIAL HEFiE: _,_... __m,�..., 4GES AS rNECESSARY DATE: - _, ..._.. ,y.-.. -»�.�........;..� ._. .._.a^�. _ . . �. . :;". � ,. . .., , _., ,s;: ._.... _.......-...� .-_ _...,--..----^.m,u,,.....:w-. �.=.-'J' �--. . . _ ,. . ... _ . . .. _ . . . ... .. _ . . .. . _ .. .. .. . . .. . . _. _.. . _ . _. . . .... . _ . . . .. . . .. . .. . _ . . . . . ... . _ .. -1NITIALHERE: DATE. - ...._.. __. . _ ... . .... ..._ ..__.. ......... .....__. _._.. ........ .._..... ....... ...... .... . CYty oF Col(9Yy�Ce� ... Financial Dleclosure and Business Con)Iict of Inlerest F�� INTERESTS IN PARTNERSHIPS, JOINT VENTURES, Form 7 OR OTHER BUSiNESS ASSOCIATIONS . Descrihe ell interestsi�n business entities held or acquUed by you or fhose under your flnancial conirol as defined in . :�, Ordinance 02•t322. For an explanation of "beneflclal interest°�and other specific directions for completing thle section ���. '�. �' see INSTRUGTION GUIDE. ���� � �� � � � � When repoAing Informatlon about a�.depentlent child's activiry, indicate tM1e child a6out whom you are reponing by providin the number underwhich the child is listetl on Form Y. � � DESCRIPTIOM MATURE OF el ❑ FILER ❑ SPOUSE ❑ DEPEN�ENT CHIL� NAMEANO�O�AE55 �� � � n FILEP` .❑SPOUSE��. �❑OEPENDEMCHILD.- .. � NAMEAN�A��FE59 � � � � � HELD OR ACQUIPEO BY` I� Fi�ER ❑ SPOUSE ❑ DEPENDENT CHR.D . , ... NPMEANOAODRE53 '. .... .. . . � _���i ���MIII COPY AND ATTACH ADDITIONAL PAGES AS NEGESSARY �INITIALHERE: � .DATE' --- -- -<< _:::. ..._... ._..-:�a'--��.ua.. ��. _..._. �.x..: : ... ,,, . ;.,. ,_ .: _�,-....-...--�,,—_..-T-._� .._.,.____.:.�::.. .,_..�.......'.:'- '._._._.:�;:. �', __— ~ PERSONAL FINANCIAL STATEMENT Form 8 � AFFIDAUIT tiled. not considered 8efore me, the undersigned authority; personally appeared _ who, after being duly swom upon tfieir oath deposed and stated as follows: ' My nama is and i hereby suhmit for filingpursuankio Ordinance No.'A•02-1322 ot the Ciry of' Colleyville, the attached Financiai Disdosure and$usiness Conflict of Interest Forms. I iiave personal knowledge of all informaflon corltalned Iq said forms and all information contained imtha forms is true and correct°j 'Further, all of the intormation contained in the forms is complete. There is no intormaqon that has � � been withheld or not disolosed whicfi is responsive to or required to be disclosed by the forms." . . _ .. .. ..... AHiant _. .. _ .. _.. ... Swom to�aod-su6scribed 0etore�. me, �his the .. day�of _ .;;2002. :Notary'�PutiIlc,State.ofTexas�: �� INITIALNERE: DATE� _ _ , _ . . . _.... . . _.__. ..... .. .... _... . ._._ . ._ .. .. ..._.. _ .._ ... _.._.. ___ .. ... _... .._.. .. .. APP; N ORDINANCE 0-13=1896 ir ORDINANCE 0-13-1896 AMENDIN6 ORDINANCE 0-02=1322 FILIN6 DATES OF A FINANCIAL DISCLOSURE AND BUSINESS CONFLICTS OF IN7EREST FORM, PROVIDTNG FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; 'PROVIDING FOR TNJUNCTIVE` RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A. PENALTY OF FINE NOT TO EXGEED THE 5UM OF FIVE HUNDRED DOLLARS ($500.00) EOR EACH OFFENSE; AND PRQVIDING AN EFFECTIYE DATE WHEREAS, the City Gouncil approved Ordinance 0-02-1322 on February 5,; 2002, to establish the filing of a Financial Disclosure and Business ConfUcts of Interest Statement for elected offlcials, candidates, and certairt boards and commission members, establish definitions of terms; promulgate reporting forms; and provide for filing dates; and WHEREAS, the City Gouncil tleems it (n the best interests of the public to make availabie certain information about candidates for pubiic ofFice, elected officiais, and memhers of the Planning and Zoning Commission, and the Zoning Board of Adjustment that may influence their decisions, or determine whether they can make unbiased decisions; antl WHEREAS, the City Council wishes to ensure citizen trust af elected and appointed officiais of the City; and WHEREAS, the original disclosure ordinance is in need of an update to make compiiance more practicable, while achieving the same basic goals; and, WHEREAS, alf statutory and constitutional requirement5for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the, purposes of this ordinance are to promote the public health, safety,;and general welFare of the citizens of the City of Coileyville. NOWr THEREFORE, BE IT ORDAINED BY THE CITY CQUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: _ _ _ __ _ _ __. _ . _ _ _ _ � �' Sea 1. Ordinance 0-13-1896 Page 2 of 4 That aif matters statetl hereinabove are found to be true and correct and are incorporated herein by reference as if copfed in their entirety. Sec. 2. THAT Ordinance 0-02-1322 is herehy amended to include the following: (1) Section 5B shall read' as follows; Sitting Councilmembers, including the Mayor, shall' have a duty to file supplemental' disclosures upon the Financial Disclosure' antl Business Conflict of Interest Forms, which are attached hereto, within five (5} days of an occurrence of any change in the information �eflected in the Financial Disclosure and Business Conflict;of Interest Forms previously Pil`ed by the individual. (2) Section 5D: shall cead as foldows: Sitting members of the Planning and Zoning Commission and the Zoning Board of Adjustme�t, shall have a duty` to file supplementat disclosures upon the Financiai Disclosure and Business Conflict of Interest Forms, which are attached hereto, within five (5) days of an occurrence of any change in khe information reFlected in the Financial - Disclosure and Business Conflict of Interest Forms previously flled by the individuaL (3) The ;boundary map has been revised to include the Colleyville City limits only, attached as Exhibit °A",; (4) Section 6 is deleted entirely. (5) ;Section 7 shall read as follows: THAT the failure to #ile any change in the Flnancial Discl�sure and Business Conflict of Interest Forms, including any supplements required thereto,, shall constitute a violation of this ordinance and shall be punishable by a fine nok to exceed the sum of $5QQ.00. It shall be a defense, to any prosecution of a violation of this ordinance, thaf within five, (5) days of any change in the Financial Disclosure and Business Conflict of Interest Form, including any supplements required khereto, the individual filed a Financial Disclosu�e and Business � i; . Ordinance 0-13-1896 Page 3 of 4 1� Gonflict of Interest Form in conformity with the � provisions of this ordinance, AI ' Sec. 3. THAT the Financial Disclosure and Business Gonflict of Interest Forms which are attached' hereto' as Exhibit "8'; shall be verified as provided .therein, and shall be filed with the City _ � Secretary on the aforementioned dates. , ,, � ;;� `Sec. 4, THAT if any section; paragraph, subdivision, clause, phrase or pro�islon of this ordinance shail be judged invalid or unconstitutional, the same shall nat' affect,the validity of this' ordinance; as a whole or any portion thereof other than that; portion so decided to be invalid or unconstitutional, � , Sec. 5. THAT in addition to and accumulative of all other penalties, I � the City shall have the right to seek injunctive relief for any '� � and aiF violations of this ordinance. i _ �i � Sec. 6. THAT Ordinance 0-02-1322 shall :remain in full force and ,'; effect, except where amended by thfs ordinance. � '�';AND IT IS SO ORbERED. � The first reading and public hearing, being conducted on the 5th day of ' , November 2013. The second reading and public hearing being conducted' on the 19th day of ,November 2013. iPASSED AND APPROVED by the City Council of the City of Coileyville, Texas, ', 'on this the 19�h day of November 2013. i ;pTTEST: CITY �jl� COLLEYVILLE , Taylor r Pro Tem � AS'TO FORM AND LEGALITY: �'� . � Matthew C, G. Bayle City Attorney Ordinance fl-13-1896 Page 4 of 4 Exhlbit "B" . • �1 STATEMENT � '? � � CANDIDATE„ , _ ❑ ELECTED OFFICIAI.:�:, ❑ ZONIN6��80AfiD OFAS ❑ PLANNINGANO�ZONID � TWO:(2) BUSINE OFF�CE OHAPP rtEq.. [] SUPPLEMENTAl41SCLOSURE FILEO WITHIN FIVE{5j OCCURRENCE IN PREVIOUSLY FILED FORMS �U�Ia8B�9n9�Gt'AIMWra4��!a Form 1 �IUN4 FOq E�EC DAYS OF AN [�8PW8E _ . �_-.._ ...... ._,.._ ...... QpEPENOENTCNILD:1�: .. .'.. "`... --... .. R . . .._ .. , .__ ..._. :s ._. ---.._ ., ., .. . .. In pens t•4dlselase yourfln6nClai aclivlly dUdng ihe 12 maMha pra�aeding Ihe detept i11My:ln pert 5 dleokee nai any yourawn Ilrrer�elalactivlty,buta�so thqt a/yourspouse andlor depertdantchlfd m afiNdren, Ilyou had edual canlrol over'' thalperson'allnanclelaclNtty � � oa�����ar��cwnndi�t� �,�ca���sry���,��r .. � INIFIALHERE; � DAiE:�� . .. _ . .... .... ..._ .. .. .. .... . _.. ... . _ .... ... .. . ... .. . ...... . .__ . _. . .. ...... .. ._. _ _... .._ ... .. .. � . . .� a(�p. y�� . ._ ' Flnenci,al01sc1asureendBuelnesaCan11lc1oilntereslForms, � SOURCES OF OCCUPATiQNAL INCOME Form 2 ; � ��� When reporiing Inkrmatlon atiout a depentlent chlld's ec1(vlty,.intlicate the�child eL�out whom yau ere reporting by� � ' provfding Ihe numtiat undar wAlch t4a chlid ta Ilsted on FORM 1, � � �¢ � � - � . .....; , ; WFORMATIQNAELATESTO � � ❑ FILER : ❑ SPOUSE ❑ DEP�NOENT CHILD �� ��� -� ���� � �NAMEANOAOOFESBb�EMPLOYEflfPQ41T10NHEt0 � ' ZEMPLOYMENT � . ���.��..❑EMPLOYEp�BYANOTHER��. N0.TUflE0F4CCNPATION I NA6IEFNOAOOPES9 I P081TIQN HkLn . `�.❑9ELFEMPLOYEO � � INFORMATION RELATES TO' _ �� � ❑6fLER ❑��SFOUSE�. ❑DEPEN�ENTCHIL�� .. � � ' ... '.." .. ; ... ..- NAMEANOA➢OPE89aFFA1PL0YEN/pOSRI0NHEIL �.... . . -: EMPIOYMEM ❑ EMPLOYEDBYANOSHER���'� � NAiVNEOFOCWPATION�LNAA'lAN0A00PE6& fPOBITIUNNELO ❑ 3ELF EMPLAYBD� �. � , WFOflMATION RELATE3 TO ��� � ❑FlLER ❑6POU&E � ❑�EPENDEMCHILD� . � .... ':' ....... ....NPMEMIOAOOPlE80FEMPLOYEP/POBfI1bNHEYO �� .� .� i EMPLOYMEN7 � ��.❑ EMPLOYED BYANOTHER��. �': � � � .. I; _ ( � � NATIlR6OFOCCUYA710N � .. ❑ 8ELF EMPLOYED „ .. �� COPY AND ATTACH ADDI710NAL PAGES AS NECESSARY .::: .,'� .. . . _... . ....INITIACHERE: ..., ` .DATE,. , _.. . . .. . . ....._. __.. . .._... . .._ .... ._.... ......._ ...__. ._. ..._ ... _:.. __... _.._. .... ... ...� i ri � � $( dt'Gtli '@��. Flnanclel Dlealosurs end Business crnAlcl of Intereal Forms � . ; INTERESTS IN REAL PR�OPERTY Form 3'; Descrl6e all beneflcial InterestsJn real orooertv held nr acduiretl hv vou, your epouse, or e Eependent ahlld during the � . calendet Year> � � � � � � ...... ,: 9 . When repoqing Intormatlon ebout a dependent chlid's.activlly, Indicate the child a6outwhfam yau are reporting Ay ptoviding � � the number under which the ahild Is Ile[ed; on Form L -� ����..... � �... ... . .... A ..,. � _..... , � � ...._.. _ ... . �.'. ._` , .. .� .. � ,�.:... �.� 1 HELD OR ACQUIRED 9Y � � � �� �� ❑FILER Q8POU9E�. ❑DEPEN�ENTCNILO Q DESCRIPTION' I.ot . ��N � ! BCtiCI�=.. . County ., .,. 3u6dlvlslon Ad Valorum Taz Account Num6af� ..''��� � AcresandTrect ... . .. ...��� �� ' �a STREETADDflESS BTREE7A06RESS,INCLUDINQCITY,GOUNTY,ANDBTATE � ���� �-� � � ,. ❑ NOTAPPLICA6lE . �. ,. ..... .. _ .. .. L TH�;N AND(QQ E$6f�&41�41'H PEH6� N90R�118I E �. . _. ..4 .NAME WHICH UVJN i1N iNiERE81' la TIiE flEALPti�PFATY ❑ INDIVIDUA� � `❑ 8451NES5.... ,..,. , _ . . . ... HELDORAGQUIREDBY ❑FILER> ❑SPOUSE ❑OEPENOENYCHILD z DESCRIPTION'' , . . . LoC.. . .�_:... City .... - . . i Bta�Ic ,_,_ Counry Su6divlsiart Advalorum Tax Account Numbar �' � Aores and Tract ' � �- a STREETADDPES3 ara�rnoosEse,INCLUpINOCf�YCOUNIY,AND9TpTE ❑ NOTAPPUCA9LE���. � -- . .. ` ` .- �.;. ' >� . 4 NAME � =LISTTNENAMEeANDA0DqE89E30FOTHERPEF60N50H8U81NE68ENiITIEB � "� � .WHICH OWN AN.INTEPEBT IN THE AEAL PROPEP7Y � � ❑'INQIVIDUAL, — ❑ BUSINESS COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY ; � INITIALHERE. � DATE . , I' _. _ . . � 1NITIALHERE; --- DATE: ..._ _,__ , P � .._ .._ ..... ... .. .. .. _ _ _. ... ..._._ . ....._. ......�_. .__ ... ....... ._.. . . ..... .... ._.. .. .. � IN ITIAL HEHE: �. ,... ___.�..,r-.�-.:: DATE: „ ..._ ... . __._ �_. .. .. _.. ... _ . _.. _ . ... . . ... ........ .__.. . . . ..._... . ... .. _ . _..... ..... .. .: t; � INITIAL HEFE: . �ATE, _. --. --,- . :�. . ..�,�.. �--�-...+.-_..-.. . . � i !�� - . .. .. .. _ . . . .._.. __ . ... .__.. . _..._. . ._ ..... . ....._. . .... _..... -.... q' ckll7�n tqe - . �. . - . .-.. FlnanCYAI OG4C1u8uY+f�itik8u$tAaSBQonlllcFollatereai � INTERESTS IN PARTNERSHIPS, JOINT VEN7URES, Form %' OR OTH�R BUSINESS ASSOGIATIQNS � .-0escdhealllmeresta:inbuslnessenGiiesheid.a�acquiredhyyouorNoseunderyuurfinanclal'conUab: �.. When reporting Infoima8on abouPs�tlependeM child's activfry; Indlcate the chlld atioNwhom you.are reporting.Gy pravfding iha ''�. number underwhich�the child is lis[etl on Fortn L � � �� � .� . . ,. . .. , , _ ... .... _.. _. . . . . ._ 1 HELD OR ACQUIRED BY � pICEq ❑ SPaUSE � OEPENDEMCHIID _ ' '__'__'�" _ ., _ ...�.���.,,,,oFAA�, .. ... ._ . _ ... HELq ORI 'NELD'OR FILER' ❑ �EPENDEM CHILO �_ _.. . ... _. .... ._... .... _.... ... �,r i;! i� BY � p��Eq:� ❑ SPOU9E � Q OEPENDENT CHILD .. ... ..... . ._ aaMeaeoanoness .... . .. COPY AN� ATTACH ADDITIONAL PAGES AS NECESSARY INRIALHERE� -____,_, -_ �____._._; DATE;,;�.;��,_,.,_.�--: �' - .A: 0 PERS�NAL FINANCIA� STATEMEN7" Farm>`S AFFIDAVIT � ' 'Flnancial Discloaure antl 9uslness Conilicf of Inlerest Forms�are requlred ta be varified. The vedficatlon �signaiures of liie Flnencial Disclosure and 8usiness COMict of Interest Forma, as w0ll asihe.slgnature e Withoutproperverifcetlonthe8latemenlisnotconsideretltfledd� FalsKcalionof:iniormationlssub�ecllo state panal cotle: � � � Before me, the undersigned aufhority, personally appeared �.—; who, aher being tluly sworn upon their oath deposed and stated as follows:; „ , "My name is =and I hereby submitforfiling the ariachetl Financial'Disclosure and 8usiness Conflict of Interest Forms. i have personal knowledge of al(information contained in saidforms and all information contained in tfie ' forms is tcue and correct." "Further, ali oF the info�maiion contained in the forms is complete. There is no informatlon that hasbeen withheld''or not tlisclosed which is responsive'to or reqoired to be disclosed by the forms.'' .... . ._. . ANiant . .._.... .. _ .. Bwarn ta and eubscribed before ma, lhis t6e� . dey.of .. �--20�:-. . ._ _. . _. .., -- . :t 'Notery Pu61ic, 5tete otTexas _ � INITIAL HERE; �—�—�---- DATE:,,..,�—_._...�::< : _ �'i — ,� _ __