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
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"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�.
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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;:.
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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
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` 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$6f�&41�41'H PEH6� N90R�118I E �. . _.
..4 .NAME WHICH UVJN i1N iNiERE81' la TIiE flEALPti�PFATY
❑ INDIVIDUA�
� `❑ 8451NES5.... ,..,. , _ . . . ...
HELDORAGQUIREDBY ❑FILER> ❑SPOUSE ❑OEPENOENYCHILD
z DESCRIPTION'' ,
. . . LoC.. . .�_:... City .... - . . i
Bta�Ic ,_,_ Counry
Su6divlsiart Advalorum Tax Account Numbar
�' � Aores and Tract ' � �-
a STREETADDPES3 ara�rnoosEse,INCLUpINOCf�YCOUNIY,AND9TpTE
❑ NOTAPPUCA9LE���. � --
. .. ` ` .- �.;. ' >� .
4 NAME � =LISTTNENAMEeANDA0DqE89E30FOTHERPEF60N50H8U81NE68ENiITIEB � "�
� .WHICH OWN AN.INTEPEBT IN THE AEAL PROPEP7Y �
� ❑'INQIVIDUAL, —
❑ BUSINESS
COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY ;
� INITIALHERE. � DATE .
, I'
_.
_ . .
�
1NITIALHERE; --- DATE: ..._ _,__ ,
P
�
.._ .._ ..... ... .. .. .. _ _ _. ... ..._._ . ....._. ......�_. .__ ... ....... ._.. . . ..... .... ._.. .. ..
� IN ITIAL HEHE: �. ,... ___.�..,r-.�-.:: DATE: „
..._ ... . __._ �_. .. .. _.. ... _ . _.. _ . ... . . ... ........ .__.. . . . ..._... . ... .. _ . _..... ..... ..
.:
t;
� INITIAL HEFE: . �ATE, _. --. --,- . :�. .
..�,�.. �--�-...+.-_..-.. . .
�
i
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q' ckll7�n tqe - . �. . - . .-.. FlnanCYAI OG4C1u8uY+f�itik8u$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 � � ��
� .� . . ,. . ..
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1 HELD OR ACQUIRED BY � pICEq ❑ SPaUSE � OEPENDEMCHIID
_
' '__'__'�" _ ., _ ...�.���.,,,,oFAA�, .. ... ._ . _ ...
HELq ORI
'NELD'OR
FILER'
❑ �EPENDEM CHILO �_
_.. . ... _. .... ._... .... _.... ...
�,r
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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 _
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INITIAL HERE; �—�—�---- DATE:,,..,�—_._...�::<
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