HomeMy WebLinkAbout04/08/2010 - Workshop Agenda Packet - City CouncilTable of Contents
Agenda 2
No. 2 - State of Police Department Presentation – College
Station Police Department
No. 2 - Coversheet revised 5
No. 3 - City Council Meeting Procedures
Coversheet revised 6
Meeting Procedures dated December 2008 7
No. 4 - Charter Review
Coversheet revised 15
Attachment A Memorandum to City Council Charter
Review 16
Attachment B History of Charter amendment elections
in CS 19
Attachment C Informational Pamphlet 2003 Charter
amendment election 24
Attachment D Summary of 2003 Charter amendment
changes 38
Attachment E Sections 130-133 of Charter and list of
committee members served in past 40
No. 5 - Student Liaison to City Council
Coversheet revised 43
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Mayor Councilmembers
Ben White John Crompton
Mayor Pro Tem James Massey
Dave Ruesink Dennis Maloney
City Manager Katy-Marie Lyles
Glenn Brown Lawrence Stewart
Agenda
College Station City Council
Workshop Meeting
Thursday, April 08, 2010 3:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
1. Presentation, possible action, and discussion on items listed on the consent agenda.
2. Presentation, possible action, and discussion of the current State of the Department – End of Year
statistics, a Citizen on Patrol program and a joint discussion with Planning and Development Services as
it relates to a Neighborhood Ranger program.
3. Presentation, possible action, and discussion regarding City Council review of Council Meeting
Procedures.
4. Presentation, possible action, and discussion regarding City Charter review.
5. Presentation, possible action, and discussion regarding a Texas A&M Student Liaison to the City Council.
6. Council Calendar
April 9 "Green" Mini Seminar at Public Works Office - 2nd Floor of CS Municipal Court
(300 Krenek Tap) 6:00 p.m.
April 10 College Station Little League Baseball Opening Ceremonies at Olsen Field, 10:30 a.m.
April 12 Special Inner Circle Reception to unveil Medicine in Art Paintings at Benjamin Knox
Gallery, 5:30 p.m.
April 15 Planning & Zoning Commission Meeting in Council Chambers, 6:00 p.m.
April 19 THBI Member Day at Research Valley at (TIPS) 800 Raymond Stotzer Parkway, Suite
2060, 9:00 a.m.
April 19 IGC Meeting at BVCOG, 12:00 p.m.
April 20 Council Transportation Committee Meeting in Council Chambers, 4:30 p.m.
April 21 Open House & Groundbreaking on the Lynn Stuart Pathway at Veterans Park and
Athletic Complex, 10:00 a.m.
April 21 2010 Exploring History Lunch Lecture Series at CS Conference Center, 11:30 a.m.
April 22 Council Workshop/Regular Meeting in Council Chambers at 3:00 p.m. & 7:00 p.m.
April 26 – May 4, Early Voting City Election, CSISD Administration offices and City Hall
May 8 City Election, 7 am – 7 pm
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City Council Workshop Meeting
Thursday, April 8, 2010
7. Presentation, possible action, and discussion on future agenda items: A Council Member may inquire
about a subject for which notice has not been given. A statement of specific factual information or the
recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the
subject on an agenda for a subsequent meeting.
8. Discussion, review and possible action regarding the following meetings: Arts Council of the Brazos
Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos
Valley Wide Area Communications Task Force, Cemetery Committee, Code Review Committee, Design
Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental
Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Committee,
Metropolitan Planning Organization, National League of Cities, Outside Agency Funding Review, Parks
and Recreation Board, Planning and Zoning Commission, Sister City Association, TAMU Student Senate,
Research Valley Partnership, Regional Transportation Committee for Council of Governments, Texas
Municipal League, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek
TIF Board, Zoning Board of Adjustments, BVSWMA, Signature Event Task Force, (Notice of Agendas
posted on City Hall bulletin board).
9. Executive Session will immediately follow the workshop meeting in the Administrative Conference
Room.
Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may seek
advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or
attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a
litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the
City Council may need information from its attorney as to the status of a pending or contemplated
litigation subject or settlement offer or attorney-client privileged information. After executive session
discussion, any final action or vote taken will be in public. The following subject(s) may be discussed:
Litigation
a. City of Bryan’s application with TCEQ for water & sewer permits in Westside/Highway 60 area, near
Brushy Water Supply Corporation to decertify City of College Station and certify City of Bryan
b. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid Waste
Management Agency contract, on proposed methane gas contract
c. Water CCN / 2002 Annexation / Wellborn Water Supply Corporation
d. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and
Ben White
e. Chavers et al v. Tyrone Morrow, Michael Ikner, City of Bryan, City of College Station, et al
f. Clancey v. College Station, Glenn Brown, and Kathy Merrill
Legal Advice
a. Discussion of Legal Issues Regarding: Wellborn Incorporation Request
b. Contemplated Litigation, Legal remedies available to abate weeds, rubbish, brush and other unsanitary
matter from a lot in the College Hills residential area.
Personnel {Gov’t Code Section 551.074}; possible action
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public.
The following public officer(s) may be discussed:
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City Council Workshop Meeting
Thursday, April 8, 2010
a. City Secretary
10. Action on executive session, or any workshop agenda item not completed or discussed in today’s
workshop meeting may be discussed in tonight’s Regular Meeting if necessary.
11. Adjourn.
APPROVED:
___________________________________________
City Manager
Notice is hereby given that a Workshop Meeting of the City Council of the City of College Station, Texas
will be held on the 8th day of April, 2010 at 3:00 pm in the City Hall Council Chambers, 1101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda
Posted this 5th day of April, 2010 at 2:00 pm
__
E-Signed by Connie Hooks
VERIFY authenticity with ApproveIt
_________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of
said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s
website, www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times.
Said Notice and Agenda were posted on April 5, 2010 at 2:00 pm and remained so posted continuously for at
least 72 hours proceeding the scheduled time of said meeting.
This public notice was removed from the official board at the College Station City Hall on the following date
and time: _______________________ by ___________________________.
Dated this _____day of _______________, 2010.
CITY OF COLLEGE STATION, TEXAS By____________________________________
Subscribed and sworn to before me on this the ______day of _________________,
___________________Notary Public – Brazos County, Texas My commission expires:________
This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be
made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be
viewed on www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19.
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April 8, 2010
Workshop Agenda Item No. 2
State of Department Presentation – College Station Police Department
To: Glenn Brown, City Manager
From: Jeff Capps, Chief of Police
Agenda Caption: Presentation, possible action, and discussion of the current State of the
Police Department – End of Year statistics, a Citizen on Patrol program and a joint
discussion with Planning and Development Services as it relates to a Neighborhood Ranger
program.
Recommendation(s):
N/A
Summary:
This will be a discussion and update with regards to the current “state of the department”, a
review of the 2009 crime statistics, and a look at the trends observed in the first 3 months
of 2010. We will also conduct a joint presentation with Planning and Development Services
as it relates to the feasibility of developing two new programs in the City. One related to
Citizens on Patrol for the Police Department and the other a Neighborhood Ranger program
focusing on Code Enforcement issues from the Planning and Development Services.
Budget & Financial Summary:
N/A
Attachments:
N/A
5
April 8, 2010
Workshop Agenda Item No. 3
Council Meeting Procedures
To: Glenn Brown, City Manager
From: City Secretary Connie Hooks
Agenda Caption: Presentation, possible action, and discussion regarding City Council
review of Council Meeting Procedures
Recommendation(s): Provide direction on revisions to meeting procedures
Summary: City Council requested an opportunity to review the Council Meeting Procedures
The meeting procedures were revised in 2008 by City Council to provide for more
citizen participation during the regular meeting.
Suggested Language from City Secretary: Depending upon the extent of the
agenda, and the number of persons desiring to speak on an issue or during
Hear Visitors, the Mayor may, at the beginning of the item, limit testimony,
but in no event less than 3 minutes per individual. Any person may speak
for a longer period of time, upon approval of the City Council, when this is
deemed necessary in such cases as when a person is speaking as a
representative of a group, or has graphic or slide presentations requiring
more time.
Attachments:
Council Meeting Procedures, 2008
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POLICY ON COUNCIL MEETING PROCEDURES
Upon adoption of this policy by the City Council, the following rules and
order of business will be adhered to. Such action is in accordance with
Section 32 of the Charter of the City of College Station, which states that
the Council shall determine its own rules and order of business.
MEETINGS
Regular Meetings will be held on the second and fourth Thursday of each
month. Such meeting will be held at City Hall in the Council Chambers
commencing at 7:00 pm. Special meetings shall be called, upon request of
the Mayor or a majority of the members of the City Council as prescribed by
the City Charter Section 30. Should the City Manager identify a need for a
special meeting, he shall consult with the Mayor to schedule said meeting.
All meetings shall be subject to the provisions of the Texas Open Meetings
Act, V.T.C.A., Government Code, Ch. 551, Open Meetings, as amended.
Workshop Meetings will generally commence the 2nd and 4th Thursday of
each month at 3:00 p.m. This time is subject to change at the discretion of
the City Council. Items presented at this meeting will relate to Council
Strategic Plan. Periodic retreat sessions will also be scheduled to provide
City Council time to discuss short term and long term goals. The general
public can, of course, attend such meetings, but may not participate in the
proceedings unless invited to do so by the Mayor.
Executive Sessions are an exception to the general rule that all meetings
are open to the public. Executive Sessions shall be held on the 2nd and 4th
Thursday of each month. Special executive sessions may also be called by
the Mayor and the City Manager. The Open Meetings Act allows closed
meetings in a few specific instances where privacy serves the public interest
- i.e. to discuss real estate, economic development, personnel matters. The
Council must keep a record of the meeting and it shall be certified by the
Mayor to assure that all matters discussed in executive session were
properly recorded. The executive session will recess or conclude at a time
convenient for the Council to prepare for regular meeting.
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Council Meeting Procedures Page 2
AGENDA
Agendas are prepared and posted for every meeting of the governmental
body. The Workshop agenda provides for Council members to submit future
agenda items. Notice on the Workshop agenda shall read as follows: A
Councilmember may inquire about a subject for which notice has not been
given. A statement of specific factual information or the recitation of
existing policy may be given. Any deliberation shall be limited to a proposal
to place the subject on an agenda for a subsequent meeting. A Council
member may make a motion to recommend an issue be placed on a future
agenda. Upon seconded and passed by a majority, the City Manager will
assign the item to a future agenda.
A three-month planning agenda calendar shall be provided to the Council by
the City Manager’s office.
The Mayor, working in conjunction with the City Manager, will exercise the
best judgment in determining what other items of business should come
before the Council. Any member of the city staff wishing to have an item
placed on the agenda shall submit that item to the City Manager’s office for
approval.
Staff will deliver agenda packets for all Workshop and Regular Meetings on
the Friday afternoon preceding the week of scheduled meetings. This
should afford ample time for all Council members to inquire into the nature
of each matter to be discussed or to personally investigate the matter so as
to be better informed before a Council meeting.
The Public Communications and Marketing Department assumes the
responsibility for issuing a copy of the agenda to local media.
The City Secretary’s office assumes the responsibility for compliance with
the Open Meetings Act.
First two items on the regular Council agenda shall be to recite the Pledge
of Allegiance and the invocation.
These procedures shall apply to all meetings of the City Council. The Mayor
shall be the presiding officer at all meetings of the City Council and have a
voice in all of its proceedings. Council members shall speak only upon
being recognized by the presiding officer whose recognition shall not be
unreasonably withheld. In the event of the absence of the Mayor and Mayor
Pro Tem, the Mayor shall designate the presiding officer. In the event the
Mayor has failed to designate the presiding officer, the council member with
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Council Meeting Procedures Page 3
the most seniority shall serve as presiding officer. In the event of equal
seniority, the council member with the lowest numbered place shall preside.
PARLIAMENTARY PROCEDURE
In regular and special meetings, Robert’s Rules of Order Newly Revised
10th Edition (2000) will be followed. The following are commonly used
procedures:
1. MAIN MOTION: A formal proposal that certain action be taken.
Step 1. Addressing the Chair. (Begin the discussion by having a member make
the motion. Motion should be made and seconded. After this, debate
can be conducted. (Ex: "Mayor, I move the following…").
SECOND REQUIRED Yes
DEBATABLE Yes
AMENDABLE Yes
VOTE REQUIRED Majority
Step 2. Assigning the floor (Mayor recognizes the member)
Step 3. Making the motion.
Step 4. Seconding the motion.
Step 5. Stating the motion. (Mayor states the motion)
Step 6. Debating the question. (Mayor allows debate, with maker of motion
speaking first in debate).
Step 7. Putting the question. (Mayor takes the vote after debate is complete)
Step 8. Announcing the result of vote. (Mayor announces the vote, members
for and against).
2. TO TAKE FROM THE TABLE. To enable an assembly to take up and consider a
motion that was postponed temporarily during the same meeting. Maybe used
at a future meeting if the item that was tabled was posted.
SECOND REQUIRED Yes
DEBATABLE No
AMENDABLE No
VOTE REQUIRED Majority
3. AMENDING A MOTION. Any motion may be amended as follows: "Mayor, I
move that we amend the motion by (adding, striking out, etc. the words…)."
The amendment must be seconded and then it can be discussed. When
discussion ends, the amendment is voted on first. If the amendment passes,
the original motion is then put to a vote as amended. If the amendment fails,
the original motion is put to a vote.
SECOND REQUIRED Yes
DEBATABLE Yes
AMENDABLE Yes
VOTE REQUIRED Majority
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Council Meeting Procedures Page 4
4. TO OFFER A SUBSTITUTE AMENDMENT. Another way to change an original
motion is by use of the Substitute Motion. A substitute motion is just an
amendment that changes an entire sentence or paragraph. It must be
seconded and then discussed. It may be amended and differs only from an
amendment in that if the substitute motion passes it does away with the
original motion.
SECOND REQUIRED Yes
DEBATABLE Yes
AMENDABLE Yes
VOTE REQUIRED Majority
5. LAY A MOTION ON THE TABLE. Sometimes a board or committee may wish to
defer action on a motion. One way to accomplish this is to lay a motion on the
table. It is in order to move that a main motion be laid on the table when
discussion on the main motion has or is about to end. A tabled motion can be
brought from the table during the same meeting but is usually done so at a
later meeting when unfinished business is being considered.
SECOND REQUIRED Yes
DEBATABLE No
AMENDABLE No
VOTE REQUIRED Majority
6. MOTION TO CLOSE DEBATE (call for question). To prevent or stop discussion
on the pending question, and to bring the pending question or questions to an
immediate vote.
SECOND REQUIRED Yes
DEBATABLE No
AMENDABLE No
VOTE REQUIRED 2/3 (5 of 7 members present)
7. POINT OF ORDER. Anytime a member feels an incorrect procedure is being
used, he can interrupt with a point of order request that requires the mayor to
decide what the correct procedure is. Can have no motion applied to it except
the motion to withdraw.
SECOND REQUIRED No
DEBATABLE No
AMENDABLE No
VOTE REQUIRED Mayor must concede or deny.
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Council Meeting Procedures Page 5
RIGHTS IN DEBATE
Robert's says that debate is the discussion regarding a motion that occurs
after the presiding officer has restated the motion and before putting it to a
vote.
When a pending question is presented for consideration to the Council, the
presiding officer shall recognize the member who made the motion to speak
first and the member who seconded the motion to speak second. When two
or more members wish to speak, the presiding officer shall name the
member who is to speak first. No member of the Council shall interrupt
another while speaking except to make a point of order or to make a point
of personal privilege. No member shall speak more than five minutes on
any amendment to the question except as further provided in this rule.
No member shall speak more than the time limits provided herein on any
subject or amendment, and such member may use his or her time in any
combination, in separate speech or comments totaling the number of
minutes permitted. The Mayor shall not be obligated to recognize any
Council member for a second comment on the subject or amendment until
every Council member wishing to speak has been allowed a first comment.
Council members shall also have the right to yield a portion of time to
another member.
Any member deciding to speak more than five minutes on any question or
more than five minutes on any amendment to the question shall be
accorded the privilege without objection upon motion supported by two-
thirds of the Council. No member shall be permitted to interrupt while
another member is speaking.
No Council member shall be permitted to indulge in personalities, use
language personally offensive, arraign motives of members, charge
deliberate misrepresentation, or use language tending to hold a member of
the City Council up to contempt.
If a member is speaking or otherwise transgressing the rules of the Council,
the presiding officer shall or any Council member may call him or her to
order in which case he or she shall immediately be quiet unless permitted
to explain. The Council shall, if appealed to, decide the case without
debate. If the decision is in favor of the member call to order, he or she
shall be at liberty to proceed, but not otherwise.
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Council Meeting Procedures Page 6
CONFLICT OF INTEREST
Each Council member should be aware of the conflict of interest regulations,
including Charter provisions and state statutes.
When a Council member has a conflict of interest with an agenda item, he
or she should submit the required affidavit (if required) prior to the
beginning of the meeting at which the agenda item is scheduled. Upon
introduction of the agenda item, the Council member with the conflict of
interest should announce that he or she has a conflict of interest and will
not participate in discussion or consideration of the agenda item. It is not
necessary that the Council member leave the meeting room.
CITIZEN PARTICIPATION
Staff will assist the public as they arrive to a Council meeting to briefly
explain the meeting procedures and direct citizens who want to address the
Council on a city related subject or an agenda item. The public attending
any called meeting will be invited to sign a guest register. The City
Secretary as a matter of record will add their names to the minutes of said
meeting.
If an individual does not wish to address the City Council, but still wishes to
be recorded in the official minutes as being in support or opposition to an
agenda item, the individual may complete the registration form provided in
the lobby by providing the name, address, and comments about a city
related subject. These comments will be referred to the City Council and
City Manager.
The following rules will be enforced by the Mayor during any called meeting
of the City Council.
HEAR VISITORS
The Hear Visitors section is listed on the Regular Meeting Agenda to give
the public the opportunity to address the City Council on any item which
does not appear on the posted Agenda. Registration forms are available in
the lobby and at the desk of the City Secretary. This form should be
completed and delivered to the City Secretary prior to regular meeting.
Limit remarks to three minutes. A timer alarm will sound after 2 1/2
minutes to signal that you have thirty seconds remaining so that you may
conclude your remarks. The City Council will receive the information, ask
staff to look into the matter, or place the issue on a future agenda. Topics
of operational concerns shall be directed to the City Manager.
GENERAL
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Council Meeting Procedures Page 7
PUBLIC HEARINGS
Individuals who wish to address the City Council on an item posted as a
public hearing shall register with the City Secretary prior to the Mayor’s
announcement to open the public hearing. Registration forms are available
in the lobby and at the desk of the City Secretary. The Mayor will open the
public hearing and recognize individuals who wish to come forward to speak
for or against the item. The speaker will state their name and address for
the record and allowed three minutes. A timer alarm will sound after 2 1/2
minutes to signal thirty seconds remaining so that the speaker may
conclude your remarks. After a public hearing is closed, there shall be no
additional public comments. If Council needs additional information from
the general public, some limited comments may be allowed at the discretion
of the Mayor.
The Development Services staff shall make a report on all zoning cases and
development issues including recommendations. The applicant will then
present a brief overview of the project responding to suggested topics
provided by Development Services. Council will ask questions of the
applicant and staff, if necessary.
When a large number of participants have indicated an interest in
addressing the council on a zoning case or another regular agenda item, the
Mayor or Mayor Pro Tem may set a maximum time limit for the proponents
and opponents and a time limit for rebuttal, if necessary.
CONSENT AND REGULAR AGENDA ITEMS
Individuals who wish to address the City Council on a consent or regular
agenda item not posted as a public hearing shall register with the City
Secretary prior to the Mayor’s reading of the agenda item. Registration
forms are available in the lobby and at the desk of the City Secretary. The
Mayor will recognize individuals who wish to come forward to speak for or
against the item. The speaker will state their name and address for the
record and allowed three minutes. A timer alarm will sound after 2 1/2
minutes to signal thirty seconds remaining so that the speaker may
conclude your remarks.
WORK STUDY AGENDA
Generally workshop meetings are held for the Council to discuss strategic
policies. If the Mayor and Council believe public input is needed, the
Council may allow public input.
APPROVED BY THE CITY COUNCIL, 7/25/66
REVISED BY THE CITY MANAGER’S OFFICE, 4/3/80
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Council Meeting Procedures Page 8
REVISED BY CITY COUNCIL 6/11/81
REVISED BY THE CITY MANAGER’S OFFICE, 2/86
REVISED BY THE CITY COUNCIL, 11/10/88
REVISED BY THE CITY COUNCIL, 2/7/90
REVISED BY THE CITY COUNCIL, 5/23/96
REVISED BY THE CITY COUNCIL, 8/13/98
REVISED BY THE CITY COUNCIL, 6/24/99
REVISED BY THE CITY COUNCIL, 7/12/01
REVISED BY THE CITY COUNCIL, 6/13/02
REVISED BY THE CITY COUNCIL, 4/8/04
REVISED BY THE CITY COUNCIL, 7/28/2005
REVISED BY THE CITY COUNCIL, 12/13/2008
o:council meeting procedures/meeting procedures2008
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April 8, 2010
Workshop Agenda Item 4
Receive direction regarding Charter Review
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding City Charter
review.
Recommendation: Staff seeks council direction to proceed or not to proceed with charter
review process. If Council wishes to implement the process, staff request feedback
regarding areas of interest to examine.
Summary:
At the Council meeting of February 11, 2010, City Council requested discussion of City
Charter review at a future workshop meeting.
The current city charter was substantially revised in 2003 with the College Station City
Council serving as the review committee. Approximately seven months of extensive review
by the City Attorney and City Department Heads was necessary to complete the process.
Twenty-six sections related to statutory and policy updates, and particularly, the term
length for City Council members were submitted to the voters within six propositions.
Next available date for Charter Amendment Election is May 14, 2011. A tentative timeline is
included in memorandum Attachment A.
Financial Summary: The base cost for a city general election is approximately $35,000.
Additional estimated cost of at least $5,000 is necessary for marketing and advertising the
charter amendments to the citizens.
Attachments:
Attachment A: Memorandum
Attachment B: History Log of College Station Charter Amendments
Attachment C: Informational pamphlet mailed to each registered voter on Charter
Amendment Election November 2003
Attachment D: Summary of Changes November 2003
Attachment E: College Station City Charter Sections 130-133, and list of past Charter
committees
15
Attachment 1
CITY SECRETARY
P.O. BOX 9960 • 1101 TEXAS AVE S
COLLEGE STATION • TEXAS • 77842
OFFICE 979.764.3541• FAX 979.764.3677
CITY SECRETARY
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Connie Hooks, City Secretary
Harvey Cargill, Jr., City Attorney
DATE: April 1, 2010
RE: Charter Review Presentation on April 8, 2010
This memorandum provides a summary of items reviewed by staff in response to the Mayor and
Council’s request for a workshop discussion of charter review.
A. Amendment of home rule charters
A survey conducted by Texas Municipal League noted that less than 50% of cities have
conducted charter amendments in the past 10 years. For elections held beginning in 2000
through 2007, 112 of 351 home rule city governments, reported a total of 1,227 proposed
amendments. The majority of amendments included language related to three areas: (1)
allow city to respond to broader representation and also term limits; (2) provide language
that reflects changes in state law; and, (3) streamline administrative responsibilities.
Refer to History of Charter Amendment Elections for City of College Station,
Attachment B.
“Decisions on charter amendment elections, like many government decisions, evolve
more from intuition and practice than rules and law. The historic infrequency (10-20
years apart) of charter amendment elections is, however, a guide: move slowly and
cautiously to avoid future confusion and costs.”1
B. Charter Review Advisory Committee
1 Texas Home Rule Charters Terrell Blodgett, Second Edition (2010), pg.97
16
Several cities have charter language that mandate a periodic appointment of a charter
review commission or advisory committee. For example, the appointment of a
commission or committee every five years or every ten years. However, numerous Texas
charters do not contain this provision. Rather, the City Council decides an approach that
will ensure the process is transparent to the citizens and forums are planned for citizen
education and participation.
Three options are suggested below:
1. City Council serves as the review committee, along with City Attorney and key staff.
2. City Council appoints a citizens advisory committee working with city staff and make
recommendations to City Council.
3. Mayor, City Attorney, and key staff review the charter.
Ultimately, the City Council has final decision on propositions to present on the ballot.
C. Timeline for Possible Charter Amendment Election
Charter amendment elections are controlled by the Texas Constitution, art. XI, § 5. This
provision provides, “Furthermore, no city charter shall be altered, amended or repealed
oftener than every 2 years.” Next available date for Charter Amendment Election is May
14, 2011.
Appointment of Charter Review Advisory
Committee (CRAC)
May 27, 2010
Charter Review Advisory Committee (CRAC)
meetings
June 16, 2010 – October 15, 2010
City Council and staff work session “redline” October 25, 2010
CRAC review and preparation of documents to City
Council
November 1, 2010
CRAC report to City Council November 11, 2010
Adoption of Ordinance to Order Election January 13, 2011
17
Preclearance to Justice Department (CSO) January 14-January 28, 2011
Election Day May 14, 2011
These are suggested dates for you to consider once the process begins. In speaking with other
city secretaries, the “review” process usually takes 5-6 months. Of course, the length of time
varies in correlation with scheduling public meetings, special meetings, items under
consideration, etc.
In conclusion, we hope this information was useful as you begin to identify subjects within the
city charter or not currently in the charter for further review.
“…The test of charter quality is whether it establishes a sound legal and procedural structure
than enables elected and appointed city officials to focus their total energy on the substantive
problems that plague their cities” 2
O:group/CityCouncil/CityCharter/2010/memorandum to council on charter amendment dated April 1 2010
2 Texas Home Rule Charters Terrell Blodgett Second Edition (2010), published by Texas Municipal League
18
WORKSHOP AGENDA ITEM
APRIL 8, 2010
ATTACHMENT B:
Charter Amendments Election History
Year Ballot Proposition Vote
Nov. 2008
Shall the charter be amended to provide that city employees YES 71% NO 29%
may apply and receive housing assistance or other assistance
that is offered to other citizens?
________________________________________________________________________________________
May 2006
Shall the charter be amended to provide for the creation of a YES 57% NO 36%
'City Internal Auditor'?"
________________________________________________________________________________________
Nov. 2003
Shall the Charter be amended to provide for three (3) year YES 60% NO 37%
terms for the Mayor and City Council; and amended to provide
that the appointments for the City Secretary, Municipal Court
Judge, and City Attorney positions will be for an indefinite term,
at the will of the City Council?
________________________________________________________________________________________
Shall numerous sections of the City Charter be amended to YES 69% NO 27%
conform to the current state law?
________________________________________________________________________________________
Shall Section 8 providing for wards to be established be YES 66% NO 26%
repealed?
________________________________________________________________________________________
Shall the Charter be amended to provide for the updating and YES 74% NO 20%
modernization of the finance and accounting provisions?
________________________________________________________________________________________
Shall the Charter be amended to provide for the updating and YES 74% NO 21%
modernization of the budget provisions?
________________________________________________________________________________________
Shall the Charter be amended to delete Section 131? YES 27% NO 68%
________________________________________________________________________________________
May 1998
Shall Section 18 of the City Charter be amended to limit the YES 51% NO 48%
Mayor and Councilmen to three (2) two-year consecutive terms?
________________________________________________________________________________________
May 1992
Do you favor amending Article III, Section 24, and Article IV, YES 81% NO 13%
Section 42, authorizing the city Council to delegate to the
City Manager the responsibility to designate a properly
qualified person to perform the City Manager's duties during
times when he is ill, out of town for business, or on vacation?
19
Workshop Agenda Item Page 2
Thursday, April 8, 2010
Charter Review
Attachment B
________________________________________________________________________________________
May 1992 Do you favor repealing Article VII, Section 70, and amending YES 60% NO 24%
Cont’d Article V, Section 60, allowing that if the City Manager certifies
that revenues are in excess of those estimated in the budget the
City Council may make supplemental appropriations for the fiscal
year up to such excess amount; that the City Council may make
appropriations for any public emergency, but if no appropriated
revenues or fund balances are available, emergency notes may be
used which may be renewed from time to time but which shall not
be paid later than the last day of the next fiscal year; that the City
Manager shall report to the City Council during the fiscal year
if revenues or funds will be insufficient to meet appropriated
amounts and indicate the estimated deficit and any remedial action
taken, and the City Council shall take action to prevent or reduce
any deficit and may reduce one or more appropriations; that the city
Manager may transfer any unencumbered appropriation balance
or portion thereof between general classifications of expenditures
within an office, department, or agency. At the City Manager's
request, the Council may by resolution transfer any unencumbered
appropriation balance or portion thereof from one office,
department, or agency to another; and that no appropriation for
debt service may be reduced or transferred, and that no
appropriation may be reduced below any amount required by
law or by more than the amount of the unencumbered balance thereof?
________________________________________________________________________________________
Do you favor repealing Article VII, Section 72, and amending YES 62% NO 21%
Article V, Section 61, allowing that all appropriations shall
lapse at the end of the fiscal year to the extent that they shall
not have been expended or lawfully encumbered, in place of the
current Charter provision?
________________________________________________________________________________________
Do you favor an amendment to Article VII, Section 69, YES 61% NO 20%
removing the Director of Finance's responsibility for
assessment of all property within the City limits for
taxation, preparation of tax maps, and notice of such taxes
and special assessments as may be required by law?
________________________________________________________________________________________
Do you favor an amendment to Article VII, Section 75, YES 76% NO 9%
requiring that expenditures for city improvements shall
be made pursuant to the requirements of Local
Government Code Chapter 252 (Vernon 1991), as amended
from time to time, and that all contracts and purchases
shall be handled so as to obtain the best value for the
city, with bids or quotes solicited whenever practicable,
in place of the current Charter provision?
_______________________________________________________________________________________
Do you favor an amendment to Article VII, Section 76, YES 76% NO 9%
requiring that expenditures for city improvements shall be
made pursuant to the requirements of Local Government
Code Chapter 252 (Vernon 1991), as amended from time to
time, and all the contracts and purchases shall be handled so
20
Workshop Agenda Item Page 2
Thursday, April 8, 2010
Charter Review
Attachment B
as to obtain the best value for the City, with bids or quotes
solicited whenever practicable, in place of the current Charter provision?
_______________________________________________________________________________________
Do you favor an amendment to Article IX, Section 95, YES 61% NO 27%
revising the filing deadline for candidacy for election
to the College Station city Council from thirty (30)
days to forty-five (45) days prior to the election, and
deleting the petition requirement for candidates for
City Council?
________________________________________________________________________________________
Do you favor an amendment to Article X, Section 112, YES 54% NO 29%
lowering the number of qualified electors required on a
recall petition from fifty-one percent (51%) to forty
percent (40%) of the total number of votes cast for the
office in question at the last regular municipal election at
which the office in question was filled?
________________________________________________________________________________________
Do you favor an amendment to Article XII, Section 131, YES 40% NO 46%
requiring that an employee of the City immediately forfeits
employment with the City if he or she becomes a candidate
for election to the College Station City Council?
________________________________________________________________________________________
August 1983
Do you favor an amendment to Article III, Section 18, YES 66% NO 30%
that would require at least thirty-four percent of the
votes cast for all of the candidates for an office, for
a candidate to be elected to that office?
________________________________________________________________________________________
Do you favor an amendment to Article III, Section 23, YES 59% NO 35%
providing for the city council to establish the
organization of divisions within city departments?
________________________________________________________________________________________
Do you favor an amendment to Article III, Section 29, YES 64% NO 31%
deleting the current provision for the mayor to serve
as alternate city judge and inserting the provision for
the city council to appoint an alternate judge?
________________________________________________________________________________________
Do you favor an amendment to Article III, Section 31, YES 74% NO 20%
which would incorporate the provisions of the Texas
Open Meetings Act into the Charter?
________________________________________________________________________________________
Do you favor an amendment to Article III, Section 34, YES 55% NO 37%
which would allow the city council to act by resolution
or minutes order, as well as by ordinance, unless
creating public debt or imposing a fine or penalty?
________________________________________________________________________________________
Do you favor an amendment to Article III, Section 37, YES 71% NO 23%
allowing the city to begin an audit more than sixty
(60) days before the end of the fiscal year?
21
Workshop Agenda Item Page 2
Thursday, April 8, 2010
Charter Review
Attachment B
_______________________________________________________________________________________
August 1983 Do you favor an amendment to Article IV, Section 44, YES 62% NO 31%
Cont’d which would allow the city manager to distribute the
work of divisions without the necessity of passing an
ordinance?
________________________________________________________________________________________
Do you favor an amendment to Article V, Section 46, YES 60% NO 33%
which would recognize the analysis of property
evaluation and tax rate on the basis of an estimated
tax roll from the Central Appraisal District?
________________________________________________________________________________________
Do you favor an amendment to Article VI, Section 65 of YES 52% NO 39%
the Charter, which could recognize statutory authority
to issue other public obligations as well as bonds and
time warrants?
________________________________________________________________________________________
Do you favor an amendment to Article VI, Section 66 YES 71% NO 23%
which would allow the city, upon approval of the city
council, to invest any surplus funds in any lawful
securities, accounts, certificates or other investments?
________________________________________________________________________________________
Do you favor an amendment to Article VII, Section 69, YES 65% NO 28%
which would allow the city council to determine the
necessary time periods for financial reports?
________________________________________________________________________________________
Do you favor an amendment to Article VII, Section 70, YES 56% NO 38%
which would allow the city council to transfer budgeted
funds between departments or funds at any time during
the fiscal year?
________________________________________________________________________________________
Do you favor an amendment of Article VII, Section 74, YES 56% NO 35%
to incorporate into the Charter the provisions of state
law pertaining to notices and the receipt of bids on
the sale of public real property, in place of the
current Charter provision?
________________________________________________________________________________________
Do you favor an amendment to Article VII, Section 75, YES 65% NO 27%
to conform the amounts therein to the requirements of
state law, and to provide for state law to govern
purchasing procedure where inconsistent with the
Charter?
________________________________________________________________________________________
Do you favor an amendment to Article VII, Section 76, YES 64% NO 27%
to conform the amounts therein to the requirements of state
law, and to provide procedures for contract bidding
change orders for improvement?
________________________________________________________________________________________
All or part of Article VIII, Sections 85 through 92 of YES 63% NO 24%
the current Charter were superceded by the enactment of
the Texas Tax Code. Do you favor the repeal of
Sections 86, 87, 88, and 89, and the amendment of
22
Workshop Agenda Item Page 2
Thursday, April 8, 2010
Charter Review
Attachment B
Sections 85, 90, 91, and 92 to conform the Charter to
the requirements of state law?
________________________________________________________________________________________
Do you favor the amendment of Article IX, YES 72% NO 20%
Section 93, to conform the provisions of the Charter to
the Texas Election Code?
Do you favor an amendment to Article X, YES 56% NO 35%
Sections 99 and 100, which would recognize the effect
of state law preventing initiative and a referendum
section on zoning and rezoning of land?
Do you favor the amendment of Article XII, Section 130, YES 71% NO 20%
to incorporate the provisions of the Texas Open Records
Act, Article 6252-17a, as amended from time to time?
Do you favor the amendment of Article XII, Section 140, YES 57% NO 33%
to provide that liens may be created against city
property by ordinance, where authorized by state law?
Do you favor an amendment to Article XII, Section 144, YES 58% NO 33%
to incorporate into the Charter the provisions of State
law pertaining to notices, bids, on the sale of public real
property, in place of current charter provisions?
Do you favor an amendment to Article XII, Section 148, YES 55% NO 37%
which would delete the requirement that the list of
qualified voters would be taken from the latest rolls
of the Tax Collector?
O:group/council/city charter/charter issues/charter amendments election history.doc
23
Dear Citizens of College Station:
On November 4, 2003 the citizens of College Station are being asked to vote on amendments to the
City Charter. The reason for proposing these amendments is to update certain Charter sections to
conform with State law, extend term of service for City officers from 2 to 3 years, and to clarify
several sections. This pamphlet is provided to explain the proposed amendments.
Early voting will begin October 20,2003 and will conclude October 31,2003. Early voting locations
and hours are as follows:
College Station City Hall Post Oak Mall
1101 Texas Avenue 1500 Harvey Road
College Station, TX 77840 College Station, TX 77840
8:00 a.m. ~ 5:00 p.m. (M-F) 12:00 p.m. 9:00 p.m. (Mon. -Sat.)
12:00 p.m. -6:00 p.m. (Sunday)
Election Day is Tuesday, November 4,2003. The Brazos County precincts are:
City Precincts Polling Places
9, lOA, lOB, 20
21,24,34
College Station City Hall
1101 Texas Avenue
8, 02C, 31, 32,
33, 35A, 35B,
72, 74
College Station Public Library
1818 Harvey Mitchell Parkway South
02B, 39, 80 ., Rock Prairie Elementary School
3400 Welsh
40 Aldersgate Methodist Church
2201 Earl Rudder Freewav South
41,68 Pebble Creek Elementary School
200 Parkview
Should you have any questions regarding this election, please contact the Office of the City
Secretary at:
1101 Texas Avenue, College Station, Texas 77840
P.O. Box 9960, College Station, Texas 77842
Phone (979) 764-3541
Hours: Monday through Friday, 8:00 A.M. to 5:00 P.M.
Thank you for your time and remember to vote in your election.
Sincerely,
Connie Hooks
City Secretary
24
•PROPOSITION Np. I I
•
That Section 18, Number, Selection. Term, ofArticle III, The City Council, ofthe Charter ofthe City of
College Station, Texas, be submitted for amendment, and ifapproved by a majority vote, be changed to
read as follows:
ARTICLE III
The City Council
Number, Selection, Term
Section 18. The City Council shall be composed ofthe Mayor and six (6) Councilmen and be known as
the "City Council of the City of College Station."
(a) The Mayor and other members of the City Council shall be elected from the City at large.
(b) The Mayor shall be the presiding officer of the City Council and shall be recognized as the head'
of the City government for all ceremonial purposes and by the Governor for purpose of military
law, but shall have no regular administrative duties. The Mayor shall be entitled to vote on all
matters under consideration by the City Council.
(c) Each Councilman, unless sooner removed under the provisions of this Charter, shall serve for a
term ofthree (3) years, beginning with the first meeting ofthe Council following his election, and
ending with the first meeting of the Council three (3) years later, or until his successor has been
elected and duly qualified. The Mayor, unless sooner removed under the provisions ofthis Charter,
shall serve for a term ofthree (3) years, beginning with the first meeting ofthe Council following
his election and ending with the 'first meeting of the Council three (3) years later, or until his
successor has been elected and duly qualified.
(d) No person shall be deemed elected, to an office unless that person receives a majority of all the
votes cast for such office. The Council shall, upon declaring the official results of the election,
order a run-off election for each office to which no one was elected. In the run-off election, the
two candidates who received, in the preceding election, the highest number of votes for each
office to which no one was elected, shall be voted on again by the qualified voters, and the
candidate who receives the majority of the votes cast for such office in the run-off election shall
be elected to such office.
(e) In 2004, the regular elections for Places 4 and 6 shall continue to have two (2) year terms. In
2006, and subsequent years, the regular elections for Places 4 and 6 shall be for three (3) year
terms. In 2004, and subsequent years, the regular elections for the Mayor and Places 1, 2, 3 and 5
shall be for three (3) year terms.
(f) Beginning in 1999, there shall be no limit to the total number of terms served by the Mayor or
Councilmen; however, no person shall be eligible to fbe elected'to serve in the capacity of
Councilman for consecutive regular terms totaling more than six (6) years; nor shall any person
be eligible to be elected to serve in the capacity of Mayor for consecutive regular terms totaling
more than six (6) years.
2
25
A~+.c:..
That Section 28, City Secretary, ofArticle III, The City Council, of the Charter ofthe City of College
Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as
follows:
City Secretary
Section 28. The City Council shall appoint an officer of the City who shall be the City Secretary, who
may be removed from office by the Council. The City Secretary or Assistant City Secretary shall give
notice of Council meetings, shall keep a journal of its proceedings, shall authenticate by his signature
and record in full in a book or books kept and indexed for that purpose all ordinances and resolutions,
and shall perform such other duties as the City Council shall assign to him and those elsewhere provided
for in the Charter.
The City Secretary shall have the power to appoint an assistant or assistants, if deemed necessary by
him, subject to the approval of and at such compensation as may be fixed by the City Council and such
assistant or assistants may be removed from office by the City Secretary.
That Section 29, City Judge, of Article III, The City 'Council, of the Charter of the City of College
Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as
follows:
Municipal Court Judge
Section 29. The City Council shall appoint an officer of the City who shall be the Municipal Court
Judge, who may be removed from office by the Council. The City Council may appoint alternate
Assistant Municipal Court Judges, who may be removed from office by the Council, who shall serve in
the absence ofor in addition to the Municipal Court Judge. All costs and fines imposed by the Municipal
Court, or by any court in cases appealed from judgments of the Municipal Court, shall be paid into the
City Treasury for the use and benefit of the City.
That Section 30, City Attorney, ofArticle III, The City Council, of the Charter of the City of College
Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as
follows:
City Attorney
Section 30. The City Council shall appoint an officer of the City who shall be the City Attorney, who
may be removed from office by the Council. The City Attorney shall be a competent and duly licensed
attorney, who shall reside in the City of College Station.
The City Attorney shall represent the City in all litigation. He shall be the legal advisor of and attorney
and counsel for the City and all officers and departments thereof.
The City Attorney shall have the power to appoint an assistant or assistants, if deemed necessary by
him, subject to the approval ofand at such compensation as may be fixed by the City Council; and such
assistant ot assistants may be removed from office by the City Attorney.
That said amendment be presented for a "YES" or "NO" vote.
3
26
PROPOSITION NO. II
That Section 5, Powers of the City, ofArticle II, Corporate and General Powers, of the Charter of the
City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be
changed to read as follows:
Powers of the City
Section 5. The City shall have all powers granted to Home Rule Cities by the Constitution and laws of
this State, as fully and completely as though they were specifically enumerated in this Charter, together
with all the implied powers necessary to cany into execution such granted powers, and the powers are
hereby adopted that are conferred upon cities by Article XI, Section 5, of the Constitution ofthe State
ofTexas (Home Rule Amendment). Among other powers, the City shall have the power to contract and
be contracted with; to acquire property in fee simple within or without its corporate limits for any
municipal purpose, or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation;
and may sell, lease, mortgage, hold, manage and control such property as its interests may require,
except as prohibited by the constitution or restricted by this Charter. The City may use a corporate seal;
may cooperate with the government of the State of Texas or any agency thereof, or any political
subdivision of the State of Texas, or with the United States or any agency thereof, to accomplish any
lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and
convenience of the City and its inhabitants; and may pass such ordinances and enact such regulations
as may be expedient for the maintenance of good government order and peace of the City and the
welfare, health, morals, comfort and safety of its inhabitants consistent with the provisions of this
Charter.
The enumeration of particular powers by this Charter shall not be deemed to be exclusive; and in
addition to the powers enumerated or implied herein, the City shall have all powers not prohibited by
the Constitution or laws of this State. "
That Section 6, Extension of City Limits Upon Petition, ofArticle II, Corporate and General Powers, of
the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a
majority vote, be changed to read as follows:
Extension of City Limits Upon Petition
Section 6. The City Council may extend the City's boundaries by annexation petition in accordance
with the provisions of the statutes of the State of Texas.
That Section 7, Extension of City Limits by the City Council,-of Article II, Corporate and General
Powers, of the Charter of the City of College Station, Texas, be submitted for amendment, and if
approved by a majority vote, be changed to read as follows:
Extension of City Limits by the City Council
Section 7. The City Council shall have the power to fix, by ordinance, the boundary limits of the City
of College Station, and to provide for the extension of such boundary limits and the annexation of
additional territory lying adjacent to the City, with or without the consent of the inhabitants of such
area to be annexed. The City Council shall have the power to detach, by ordinance, any territory, with
or without the consent of the inhabitants of such area to be detached. When any territory shall be so
annexed, the same shall be a part ofthe City and the inhabitants thereof shall be entitled to all the rights
4
27
and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations
of the City. When territory has been detached, the same shall no longer be a part of the City.
That Section 10, Establishment and Control of Streets, ofArticle II, C01:porate and General Powers, of
the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a
majority vote, be changed to read as follows:
Establishment and Control of Streets
Section 10. The City shall have the power to layout, establish, open, alter, widen, lower, extend, grade,
abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys,
sidewalks, parks, squares, public places and bridges and regulate the use thereof and require the removal
from streets, sidewalks, alleys and other public property or places of all obstructions and, encroachments
of every nature or character upon any of said streets, alleys, sidewalks, and public property.
The City shall have exclusive domain, control and jurisdiction in and upon, and over and under the
public streets, aveimes, alleys, and highways of the City. The City's exclusive domain, control, and
jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the City shall
also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location
of all utility pipes, lines or wires, or other property.
That Section 11, Street Improvements, ofArticle II, Corporate and General Powers, of the Charter of
the City ofCollege Station, Texas, be submitted for amendment, and if approved by a majority vote, be
changed to read as follows:
Street Improvements
Section 11. The City may provide for the improvements ofpublic streets, avenues, alleys and highways
by paving, repaving, raising, draining, or other improvements, and may assess the cost of such
development and improvements partly or entirely by assessments levied as a lien against the property
abutting thereon and against the owners thereof. If improvements be ordered constructed in any part of
any area used or occupied by the tracKs or facilities of any railway or public utility, then the City shall
have the power to assess the whole. cost of improvements in such area and the added costs of
improvements in such area and the added costs ofimprovements in areas adjacent thereto made necessary
by such use or occupancy against such railway or utility, and shall have the power, by ordinance, to
provide for the enforcement ofsuch assessments. As an alternative and cumulative method ofdeveloping,
improving and paving any and all public streets, sidewalks, waterways, alleys, highways and other
public ways, the City shall have the power and authority to proceed in accordance with VT.C.A.,
TRANSPORTATION CODE, as amended.
That Section 13, Corporation Court, ofArticle II, Corporate and General Powers, of the Charter of the
City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be
changed to read as follows:
Municipal Court
Section 13. There shall be a court for the trial ofmisdemeanor offenses known as the Municipal Court
of the City of College Station, with such powers, procedures and duties as are given and prescribed by
the laws of the State of Texas for a Municipal Court.
That Section 23, Powers, ofArticle III, The City Council, of the Charter of the City of College Station,
Texas, be submitted for amendment, and ifapproved by a majority vote, be changed to read as follows:
5 28
Powers
Section 23. All powers and authority, including the determination of all matters of policy which are
expressly or by implication conferred upon or possessed by the City, shall be vested in and exercised
by the Council; provided, however, that the Council shall have no authority to exercise those powers
which are expressly conferred upon other City officers by this Charter.
Without limitation of the foregoing, and among the other powers that may be exercised by the City
Council, the following are hereby enumerated for greater certainty:
(1 ) To appoint and remove the City Manager.
(2) To establish administrative departments and establish the organization and functio~s of divisions.
(3) To adopt the budget of the City.
(4) To authorize the issuance of bonds by a bond ordinance.
(5) To inquire into the conduct ofany office, department or agency ofthe City and make investigations
as to municipal affairs.
(6) To provide for a planning commission, a zoning commission and a zoning board of adjustment,
and appoint the members of all such commissions and boards. The planning and zoning
commissions may be combined. Such boards and commissions shall have all powers and duties
now or hereafter conferred and created by this Charter, by City ordinance, or by law.
(7) To adopt plats.
(8) To adopt and modify the official map of the City.
(9) To adopt, modify and carry out plans proposed by the planning commission for the replanning,
improvement and redevelopment of neighborhoods and for the replanning, reconstruction or
redevelopment of any area or district which may have been destroyed
(10) To adopt, modify and carry out plans proposed by the planning commission for the replanning,
improvement and redevelopment of neighborhoods and for the replanning, reconstruction or
redevelopment of. any area or district which may have been destroyed in whole or in part by
disaster.
(11) To regulate, license and fIx the charges or fares made by any person owning, operating or controlling
any vehicle of any character used for the carrying of passengers for hire or the transportation of
freight for hire on the public streets and alleys of the city.
(12) To provide for the establishment and designation of fIre limits; to prescribe the kind and character
of buildings, structures or improvements to be erected therein; to provide for the erection of
fIreproofbuildings within certain limits; to provide for the condemnation ofdangerous structures,
. buildings, dilapidated buildings or buildings calculated to increase .the fIre hazard and the manner
of their removal or destruction.
(13) To prevent the construction and use of housing accommodations below standards fIxed by the
City Council as proper for the purpose of promoting the health, safety, morals or general welfare
of the City.
6 29
That Section 29, City Judge, of Article III, The City Council, of the Charter of the City of College
Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as
follows:
Municipal Court Judge
Section 29. There shall be a magistrate of the Municipal Court known as the Municipal Court Judge
who shall be appointed by the City Council for a term of two (2) years coinciding with the term of the
Mayor. He may be removed by the City Council at any time for incompetency, misconduct, malfeasance
or disability. He shall receive such salary or fees as the Council may fIx from time to time. The Council
shall appoint an Alternate Municipal Court Judge who shall serve in the absence of the Municipal
Court Judge. All costs and fmes imposed by the Municipal Court or by any court in cases appealed
fromjudgments of the Municipal Court, shall be paid into the City Treasury for the uS,e and beneftt of
the City.
(NOTE: If 11 (c) is approved, that provision will take the place of this section.)
That Section 31, Induction Into Office: Meetings, ofArticle III, The City Council, ofthe Charter of the
City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be
changed to read as follows:
Induction Into Office; Meetings
Section 31. The induction into office date shall be set by ordinance by the City Council, or as otherwise
provided by law, following each regular municipal election held under this Charter, or any special
election for the purpose of fIlling vacanci(;,s in the City Council. The City Council shall meet at the
usual place for holding meetings and the newly elected members shall qualify and assume the duties of
office. Thereafter, the City Council shall meet regularly at such times as may be prescribed in the rules,
but not less frequently than once each month. Special meetings shall be called upon request of the
Mayor or a majority ofthe members ofthe City CounciL All meetings shall be subject to the provisions
of the Texas Open Meetings Act, Y.T.C.A., GOVERNMENT CODE, Ch. 551, Open Meetings, as amended.
That Section 74, Sale of City PropertY, of Article VII, Finance Administration, of the Charter of the
City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be
repealed. .
That Section 93, Municipal Elections, ofArticle IX, Nominations and Elections, of the Charter of the
City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be
changed to read as follows:
ARTICLE IX
NOMINATIONS AND ELECTIONS
Municipal Elections
Section 93. The regular city election shall be held on an annual date set by ordinance by the City
Council, or as otherwise provided by law, at which time members of the Council shall be elected to fIll
those offices that become vacant that year. The City Council shall fIx the hours and the place for
holding such special election. The City Council may by resol\ltion order a special election, fIx the time
and place for holding same, and provide all means for holding such special election. In the order,
ordinance or resolution of the City Council calling any election at which more than one Councilman
shall be elected, the City Council shall in calling such election provide for a separate place on the ballot
for each vacant seat to be fIlled at such election, designating the Mayor and such Places as Place No.1,
7 30
2, 3, 4, 5 or 6. Ifan unexpired term is to be filled at such election, the Place for the unexpired term shall
be so designated.
That Section 130, Publicity of Records, ofArticle XII, General Provisions, ofthe Charter ofthe City of
College Station, Texas, be submitted for amendment, and ifapproved by a majority vote, be changed to
read as follows:
Publicity of Records
Section 130. Records and accounts of every office, department, or agency ofthe City shall be open for
inspection and copying as provided by Y.T.C.A., GOVERNMENT CODE, Ch. 552, Public Information, as
amended.
That Section 144, Sale or Lease of Property Other Than Public Utilities or Acquired by Tax Sale, of
Article XII, General Provisions, of the Charter of the City of College Station, Texas, be submitted for
amendment, and if approved by a majority vote, be changed to read as follows:
Sale or Lease of Property Other Than Public Utilities or Tax Sale
Section 144. Any real property owned by the City may be sold by the City Council when in its judgment
such sale will be in the best interest ofthe City, subject to the provisions ofY.T.C.A., LOCAL GOVERNMENT
CODE, Chapter 272, Sale or Lease of Property by Municipalities, Counties, and Certain Other Local
Governments, as amended, and such other laws as are applicable for Home Rule Cities pertaining to
the necessity for public bids. The sale ofland may be subject to referendum or initiative for a thirty-day
period after the sale and shall not be effective until the expiration of said thirty-day period. If during
such thirty-day period a referendum or initiative petition is presented to the City Secretary, which in all
respects conforms to the referendum or initiative provisions ofArticle X ofthis Charter and the same is
found sufficient, then the City Secretary shall certifY the sufficiency of the same to the City Council
and an election shall be called submitting the question of the sale of the property to the voters. This
right ofreferendum or initiative shall not apply to public utilities or to property sold by the City at tax
sales.
That Section 19, Qualifications, ofArticle III, The City Council, of the Charter of the City of College
Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to read as
follows:
Qualifications
Section 19. The Mayor and Councilmen shall be citizens of the United States and qualified voters of
the State ofTexas; shall have resided for at least one (1) year next preceding the election, at which they
are candidates, within the corporate limits of the City of College Station; and shall not be disqualified
by reason of any provision of any other section of this Charter. A member of the City Council ceasing
to possess any of the qualifications specified in this section, or any other section of this Charter, or
convicted ofa felony while in office, or who absents himself from three (3) consecutive regular Council
meetings without consent of the Council, shall immediately forfeit his office.
That Section 95, How to Get Name on Ballot, ofArticle IX, Nominations and Elections, ofthe Charter
ofthe City of College Station, Texas, be submitted for amendment, and ifapproved by a majority vote,
be changed to read as follows:
How to Get Name on Ballot
Section 95. Any qualified person may have his name placed on the official ballot as a candidate for
Councilman or Mayor at any election held for the purpose of electing Councilmen or Mayor by filing
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with the City Secretary at least forty-five (45) days prior to the date of election a sworn application in
substantially the following fonn:
"I, , do hereby certifY that I am a candidate for the
office of , and request that my name be printed upon the official
ballot for that particular office in the next city election. I am a qualified voter of
the State of Texas and am and have been a bona fide resident of the City of
College Station, Texas, for at least one (1) year. I am not disqualified or ineligible
to serve on the City Council if elected.
I reside at ______~_,Place ____, College Station, Texas.
Signed___~_______"
That Section 134, Persons Indebted to the City Shall Not Hold Office or Employment, ofArticle XII,
General Provisions, of the Charter of the City of College Station, Texas, be submitted for amendment,
and if approved by a majority vote, be repealed.
That Section 148, Amending the Charter, ofArticle XII, General Provisions, ofthe Charter ofthe City
ofCollege Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed
to read as follows:
Amending the Charter
Section 148. This Charter may be amended in accordance with the provisions of the statutes of the
State of Texas.
That Section 136, Damage Suits, of ,Article XII, General Provisions, of the Charter of the City of
College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to
read as follows:
Notice of Injury or Damage
Section 136. The City shall never be liable for any personal injury, whether resulting in death or not,
unless the person injured, or someone in his behalf, or in the event the injury results in death, the person
or persons who may have a cause of action under the law by reason of such death or injury, shall file a
notice in writing with the City Secretary within ninety (90) days after the same has occurred, stating
specifically in such notice when, where and how the exact injury occurred, the full extent ofthe injury,
the amount of damages claimed or asserted, and a list of persons, ifknown, who witnessed the injury.
The City shall never be liable for any claim for damage or injury to personal property unless the person
whose personal property has been injured or damaged, or someone in his behalf, shall file a claim in
writing with the City Secretary within ninety (90) days after said damage or injury occurred, stating
specifically when, where and how the damage or injury was sustained. The person giving notice under
this Section shall subscribe his name to the notice under oath that the statements and facts contained in
said notice are true and c'orrect.
That Section 150, Rearrangement and Renumbering, ofArticle XII, General Provisions, of the Charter
ofthe City of College Station, Texas, be submitted for amendment, and if approved by a majority vote,
be added to read as follows:
9 32
Rearrangement and Renumbering
Section 150. The City Council shall have the power, by ordinance, to renumber and rearrange all
articles, sections and paragraphs of this Charter or any amendments thereto; and upon the passage of
any such ordinance, a copy thereof, certified by the City Secretary, shall be forwarded to the Secretary
of State for filing.
That said amendment be presented for a "YES" or "NO" vote.
PROPOSITION NO. III
That Section 8, Change of Ward Boundaries, ofArticle II, Corporate and General Powers, of the City
Charter, be submitted for amendment and, if approved by a majority vote, be repealed.
That said amendment be presented for a "YES" or "NO" vote.
PROPOSITION NO. IV
That Section 37, Independent Annual Audit, ofArticle III, The City Council, ofthe Charter ofthe City
ofCollege Station, Texas, be submitted for amendment, and ifapproved by a majority vote, be changed
to read as follows:
Independent Annual Audit
Section 37. Not less than thirty (30) days prior to the end of each fiscal year, the City Council shall
designate a qualified public accountant or accountants who, as of the end ofthe fiscal year, shall make
an independent audit of accounts and other evidences of financial transactions of the City government
and shall submit the report to the City C~unci1. Such accountants shall have no personal interest, direct
or indirect, in the fiscal affairs of the City government. They shall not maintain any account or record
ofthe City business, but, within specifications approved by the City Council, shall post-audit the books
and documents kept by the City and any separate or subordinate accounts kept by any office, department
or agency of the City government.
That Section 67, Director of Finance: Appointment, of Article VII, Finance Administration, of the
Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a
majority vote, be changed to read as follows:
Financial Department; Appointment
Section 67. The City Manager may appoint a chief financial officer.
That Section 73, Fees Shall be Paidto City, ofArticle VII, Finance Administration, ofthe Charter ofthe
City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be
changed to read as follows:
10 33
Fees Shall be Paid to City "
Section 73. All fees received by any officer or employee of the City shall belong to the City and shall
be handled pursuant to the City's rules, regulations and policies.
That Section 76, Contracts for Improvements, ofArticle VII, Finance Administration, ofthe Charter of
the City ofCollege Station, Texas, be submitted for amendment, and if approved by a majority vote, be
changed to read as follows:
Purchases and Expenditures
Section 76. The City shall make expenditures to promote the best interests of the citizens of College
Station. The City shall encourage free and unrestricted competition on all bids and purchases, ensuring
the taxpayers the best possible return on and use of their tax dollars. It shall be the poli~y of the City to
fully comply with and make all purchases or expenditures pursuant to the City's policies, rules,
regulations, procedures, and state and federal law.
That Section 77, Disbursement of Funds, ofArticle VII, Finance Administration, of the Charter of the
City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be
changed to read as follows:
Disbursements and Control of Funds
Section 77. All checks and vouchers or warrants for the withdrawal of money from the City accounts
shall be handled pursuant to the City's rules, regulations, policies, and state and federal laws.
That Section 79, Borrowing in Anticipation of Property Taxes, ofArticle VII, Finance Administration,
ofthe Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a
majority vote, be changed to read as follows:
Borrowing in Anticipation of Property Taxes
Section 79. In any fiscal year, in anticipation ofthe collection ofthe property tax for such year, whether
levied or to be levied in such year, the City Council may by resolution authorize the borrowing of
money by the issuance ofnegotiable notes ofthe City, each ofwhich shall be designated ''tax anticipation
note for the year " (stating the budget year). Such notes shall mature and be payable not later than
the end ofthe fiscal year in which the o?ginal notes have been issued.
That Section 80, Borrowing in Anticipation of Other Revenues, ofArticle VII, Finance Administration,
of the Charter of the City of College Station, Texas, be submitted for amendment, and if approved by a
majority vote, be changed to read as follows:
Borrowing in Anticipation of Other Revenues
Section 80. In any fiscal year, in anticipation ofthe collection or receipt of other revenues ofthe budget
year, the City Council may by resolution authorize the borrowing ofmoney by the issuance ofnegotiable
notes of the City, each of which shall be designated "special revenue note for the year __" (stating
the budget year). Such notes may be renewed from time to time, but all such notes, together with the
renewals, shall mature and be payable not later than the end of the fiscal year in which the original
notes shall have been issued.
That Section 90, Taxes: When Due and Payable, ofArticle VlII, Tax Administration, ofthe Charter of
the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be
changed to read as follows:
11 34
Taxes; When Due and Payable
Section 90. All taxes due to the City of College Station shall be payable to the City of College Station
or such other person or entity as may be designated by the City Council, and may be paid at any time
after they fall due. Taxes shall be due and shall become delinquent as provided in the TEXAS TAX CODE,
as amended, which code further provides for delinquent taxes, interest, and procedures for the collection
of taxes.
That Section 68, Director of Finance; Qualifications, Section 69, Director of Finance; Powers and
Duties; Section 71, Accounting, Supervision and Control; Section 74, Sale of City Property; Section
75, Purchase Procedure; Section 78, Accounting Control of Purchases; Section 81, Sale of Notes;
Report of Sale; and Section 82, Surety Bonds, ofArticle VII, Finance Administration: and Section 83,
Division ofTaxation, ofArticle VIII, Tax Administration, ofthe Charter ofthe City of College Station,
Texas, be submitted for amendment, and if approved by a majority vote; be repealed. .
That Section 150, Rearrangement and Renumbering, ofArticle XII, General Provisions, of the Charter
ofthe City ofCollege Station, Texas, be submitted for amendment, and if approved by a majority vote,
be added to read as follows:
Rearrangement and Renumbering
Section 150. The City Council shall have the power, by ordinance, to renumber and rearrange all
articles, sections and paragraphs of this Charter or any amendments thereto; and upon the passage of
any such ordinance, a copy thereof, certified by the City Secretary, shall be forwarded to the Secretary
of State for filing.
That said amendment be presented for a "YES" or "NO" vote.
PROPOSITION NO. V
That Section 46, Preparation and Submission ofBudget, ofArticle V, The Budget, of the Charter ofthe
City of College Station, Texas, be submitted for amendment, and if approved by a majority vote, be
changed to read as follows:
Preparation and Submission of Budget
Section 46. The City Manager, between thirty (30) and ninety (90) days prior to the beginning of each
fiscal year, shall submit to the City Council a proposed budget which shall provide a complete fmancial
plan for the fiscal year.
That Section 52, Proceedings on Budget After Public Hearing Amending or Supplementing Budget, of
Article V, The Budget, ofthe Charter ofthe City ofCollege Station, Texas, be submitted for amendment,
and if approved by a majority vote, be changed to read as follows:
Proceedings on Budget After Public Hearing Amending or Supplementing Budget
Section 52. After the conclusion of such public hearing, the Gity Council may insert new items or may
increase or decrease the items of the budget, except items in proposed expenditures fixed by law.
Before inserting any additional item or increasing any item of appropriation which will increase the
total budget by three percent (3%) or more, it must cause to be published a notice setting forth the
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35
nature ofthe proposed increases and fixing a place and time, not less than five (5) days after publication,
at which the City Council will hold a public hearing thereon.
That Section 56, Effective Date of Budget: Certification: Copies Made Available, of Article V, The
Budget, of the Charter of the City of College Station, Texas, be submitted for amendment, and if
approved by a majority vote, be changed to read as follows:
Effective Date of Budget; Certification; Copies Made Available
Section 56. Upon final adoption, the budget shall be filed with the City Secretary. The final budget
shall be printed, or otherwise reproduced, and a reasonable number of copies shall be made available
for the use of all officers, departments and agencies, and for the use of interested persons and civic
organizations.
That Section 60, Estimated Expenditures Shall Not Exceed Estimated Resources, of Article V, The
Budget, of the Charter of the City of College Station, Texas, be submitted for amendment, and if
approved by a majority vote, be changed to read as follows:
Estimated Expenditures Shall Not Exceed Estimated Resources, and Amending the Budget
Section 60. The total estimated expenditures of the general fund and debt fund shall not exceed the
total estimated resources of each fund.
The City Council may by ordinance amend the budget during a fiscal year if one of the following
conditions exists: .
1. If during the fiscal year the City Manager certifies that there are available for appropriation
revenues in excess of those estimated in the budget, the City Council, by ordinance, may make
supplemental appropriations for the year up to the amount of such excess. Before approval, the
Council shall hold 11 public hearing on the proposed budget amendment. A notice of the time and
place of a public hearing on the supplemental appropriation shall be published in the official
newspaper of the City ofCollege'Station. The notice shall be placed in the newspaper at least five
(5) working days before the date of the hearing.
2. To meet a public emergency affecting life, health and property of the public peace, the City
Council may make emergency appropriations. Such appropriations may be made by emergency
ordinance. To the extent that there are no available unappropriated revenues or a sufficient fund
balance to meet such appropriations, the Council may by such emergency ordinance authorize
the issuance of emergency notes, which may be renewed from time to time, but the emergency
notes and renewals ofany such notes made during a fiscal year shall be paid not later than the last
day of the fiscal year next succeeding that in which the emergency appropriation was made.
3. If at any time during the fiscal year it appears probable to the City Manager that the revenues or
fund balances available will be insufficient to meet the amounts appropriated, he shall report to
the City Council without delay, indicating the estimated amount of the deficit, any remedial
action taken by him and his recommendations as to any other steps to be taken. The Council shall
then take such further action as it deems necessary to prevent or reduce any deficit and for that
purpose it may by ordinance reduce one or more appropriations.
That Section 61, Emergency Appropriations, of Article V, The Budget, of the Charter of the City of
College Station, Texas, be submitted for amendment, and if approved by a majority vote, be changed to
read as follows:
13 36
Lapse of Appropriation
Section 61. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not
have been expended or lawfully encumbered.
That Section 47, Anticipated Revenues Compared With Other Years in Budllet, and Section 48, Proposed
Expenditures Compared With Other Years, of Article V, The Budget, of the Charter of the City of
College Station, Texas, be submitted for amendment, and if approved by a majority vote, be repealed.
That Section 150, Rearrangement and Renumbering, ofArticle XII, General Provisions, ofthe Charter
of the City of College Station, Texas, be submitted for amendment, and if approved by a majority vote,
be added to read as follows:
Rearrangement and Renumbering
Section 150. The City Council shall have the power, by ordinance, to renumber and rearrange all
articles, sections and paragraphs of this Charter or any amendments thereto; and upon the passage of
any such ordinance, a copy thereof, certified by the City Secretary, shall be forwarded to the Secretary
of State for filing.
That said amendment be presented for a "YES" or ''NO'' vote.
I PROPOSITION NO. VI
That Section 131, Personal Interest, of Article XII, General Provisions, of the Charter of the City of
College Station, Texas, be submitted for amendment, and if approved by a majority vote, be repealed.
That said amendment be presented for ~. "YES" or ''NO'' vote.
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SUMI\1ARY OF CHANGES
The state laws provide that the ordinance calling the election must set out the exact language to be
considered for insertion in the City Charter. The ordinance must also set out how it is to be voted on,
even though the whole texts are set out
A. All of Part 11 is to be voted on as Proposition I:
1. In the Ordinance, Part 11(a), page 5 through the top of page 7, changes the terms from
two (2) year to three (3) year terms and carries the present term limits provision forward
from 1999.
2. Parts 11(b), 11(c) and 11(d), pages 7, 8, and 9, changes the present fixed two (2) year
terms for City Secretary, Municipal Court Judge and City Attorney to service at the will of
the City Council and carries over general language of present Charter.
B. The provisions of Part 12 are Proposition No. II:
1. Part 12. The various changes in Part 12 update the sections, because the numbers have
changed, or the provisions cannot be applied, or as a general cleanup.
2. Part 12(a), pages 9 and 10. Section 5. At the time the Charter was origlnally written, the
powers of the Texas Constitution were collected in Chapter 13, as set out in the City
Charter on page 2. Provisions are now scattered in many statutes. The Charter was
changed to reflect the original Texas Home Rule Constitutional grant of power to the
City by the Constitution.
3. Part 12(b), pages 10 and 11. This provision is re-written to provide for genera1right to
proceed under annexation petitions. There are several provisions now applicable to
petition and a question as to what is now the current relationship of the statutes.
4. Part 12(c), page 11. It is re-written without reference to statutes, but giving the right to
annex.
5. Part 12(d), pages 11 and 12. The caption of Section 10 had control of streets, which was
in Section 11; per the caption, the control language was moved to Section 10.
6. Part 12(e), pages 12 and 13. The references were deleted because the numbers are
incorrect..
7. Part 12(f), page 13. Corporation Court changed to Municipal Court.
8. Part 12(g), pages 14 and 15. The statute referenced was deleted.
9. Part 12(h), pages 15 and 16. The references to Corporation Court were changed to
Municipal Court
10. Part 12~), pages 16 and 17. The induction date was changed to "date set by ordinance",
so that if the legislature changes election dates, charter will still be correct
11. Part 126), page 17. Deleted Section 74 because Section 144 also covers sale of property.
12. Part 12(k), pages 17 and 18. The election date is set by ordinance to allow for flexibility.
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13. Part 12(1). page 18. The reference is changed to Government Code 552.
14. Part 12(m), pages 18 and 19. This section covers the sale of land. It provides that no sale
is effective until 30 days after sale. Council may wish to delete this requirement
15. Parts 12(n) and (0), pages 19 and 20. Deletes reference to arrears in taxes because it is
contrary to state law.
16. Part 12(P). page 20. Deletes the provision related to people indebted to City not holding
office because it is contrary to state law.
17. Part 12(q), page 21. Current language conflicts with state law on Charter amendments.
18. Part 12(r), pages 21 and 22. Increases time to file claims from 30 to 90 days. Time must
be reasonable to be valid
19. Part 12(s), page 22. Gives Council opportunity to renumber the Charter sections.
C. The provision of Part 13 is Proposition No. III.
1. Part 13(a), page 22. This deletes the provisions related to wards. The Council is elected
at large, not from wards.
D. The provisions of Part 14 are Proposition No. IV.
1. The provisions of Part 14 were submitted by Mr. Charles Cryan. These provisions will
allow City to change policies to reflect business realities rather than have processes set out
in the City Charter.
E. The provisions of Part 15 are Proposition V:
1. The provisions of Part 15 are budget provisions that were submitted by Mr. Charles
Cryan.
F. Part 16 is to be voted on as Proposition VI:
1. Part 16, page 32, provides for the repeal of Section 131 Personal Interest
All of the provisions are submitted so that the City Council can pick or decide not to submit some. part
or none of the above issues for vote.
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Attachment E
College Station City Charter 11th Edition
November 4, 2008 1
Construction and Separability Clause
Section 130. This Charter shall be liberally construed to carry out its intents and purposes. If any
section or part of any section of this Charter shall be held invalid by a court of competent
jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which
such section or part of section so held invalid may appear, except to the extent that an entire
section or part of section may be inseparably connected in meaning and effect with the section or
part of section to which such holding shall directly apply.
Amending the Charter
Section 131. This Charter may be amended in accordance with the provisions of the statutes of
the State of Texas.
Submission of the Charter to Electors
Section 132. The Charter commission in preparing this charter finds and decides that it is
impracticable to segregate each subject so as to permit a vote of “yes” or “no” on the same, for
the reason that the Charter is so constructed that in order to enable it to work and function it is
necessary that it should be adopted in its entirety. For these reasons the Charter commission
directs that the Charter be voted upon as a whole and that it shall be submitted to the qualified
voters of the City of College Station at an election to be held for that purpose on January 8, 1952.
If a majority of the qualified voters voting in such election shall vote in favor of the adoption of
this Charter it shall become the charter of the City of College Station, and after the returns have
been canvassed the same shall be declared adopted.
An official copy of the Charter shall be filed with the records of the City and the Mayor shall as
soon as practicable certify to the Secretary of State an authenticated copy under the seal of the
city, showing the approval by the qualified voters of such charter.
In not less than thirty (30) days prior to such election the City Council shall cause the City
Secretary to mail a copy of this Charter to each qualified voter of the City of College Station as
appears from the Tax Collector’s roll for the year ending January 31 preceding said election.
Rearrangement and Renumbering
Section 133. The City Council shall have the power, by ordinance, to renumber and rearrange all
articles, sections, and paragraphs of this Charter or any amendments thereto; and upon the
passage of any such ordinance, a copy thereof, certified by the City Secretary, shall be forwarded
to the Secretary of State for filing.
We, the undersigned members of the Charter Commission of the City of College Station, do
hereby certify that this publication constitutes a true copy of the proposed charter of the City of
College Station, Texas.
(Signed) Chairman
Ernest Langford, Chairman
(Signed) Secretary
J.A. Orr, Secretary
40
Attachment E
College Station City Charter 11th Edition
November 4, 2008 2
J.H. Sorrels A.P. Boyett H.E. Burgess J.W. Barger
S.A. Lipscomb D.B. Cofer Ray Oden S.R. Wright
J.C. Culpepper G.W. Black Truman H. Jones R.B. Halpin
L.S. Richardson Charles LaMotte W.D. Fitch A.A. Price
SUBSEQUENT REVISIONS OF ORIGINAL CHARTER
Seven Charter Revision Commissions were subsequently appointed by the City Council to
recommend updates to the City Charter.
Those serving on the Commission which made recommendations approved by the public at a
special election held on April 2, 1963 included:
J.A. Orr Bardin Nelson C.W. Landiss Marion Pugh
D.A. Anderson John W. Hill J.H. Sorrels Charles LaMotte
A.L. Rosprim Col. Frank H. Mathews A.P. Boyett William A. Smith
______________________________________________________________________________
Members of the Commission which made recommendations for Charter changes approved by the
public in a special election held on January 13, 1968 were:
John S. Denison, Edwin S. Holdredge, Phillip B. Goode, Phillip H. Steen, Jr., Bardin Nelson,
John W. Hill, Codie D. Wells, Carl W. Landiss, Ewing E. Brown, Wilbert Beck
______________________________________________________________________________
Members of the Commission which made recommendations for Charter changes approved by the
public in a special election held on April 4, 1972 were:
O.M. Holt, Dorsey McCrory, John S. Denison, Joe R. Sawyer, James H. Dozier, Robert F.
White, John B. Longley
______________________________________________________________________________
Members of the Commission which made recommendations for Charter changes approved by the
public in a special election held on April 3, 1976 were:
Dr. W.E. Benton, Steven Eberhard, Earl Bennett, J.B. (Dick) Hervey, M.L. Cashion, Mae
Holleman, Jerry Cooper, Neely Lewis, James Dozier , W.W. Scott, Jr.
______________________________________________________________________________
Members of the City Council which sat as the Charter Revision Commission to make
recommendations for Charter changes approved by the public in a special election held on April
1, 1978 were:
Mayor Lorence Bravenec, Council members Anne Hazen, James Dozier, Larry Ringer, James
Gardner, Lane Stephenson, Gary M. Halter
______________________________________________________________________________
41
Attachment E
College Station City Charter 11th Edition
November 4, 2008 3
Members of the City Council which sat as the Charter Revision Commission to make
recommendations for the Charter changes approved by the public in a special election held on
August 13, 1983 were:
Mayor Gary Halter, Council members Robert Runnels, Vicky Reinke, Patricia Boughton, Alvin
Prause, Lynn McIlhaney, Gary Anderson
______________________________________________________________________________
Citizens which sat as the Charter Review Committee to make recommendations for the Charter
changes approved by the public in a municipal election held on May 2, 1992 were:
Chris Kling, Robert Bednarz, Terri Tongco, J.B. (Dick) Hervey, Lorence Bravenec, Ann Jones,
Gene Benton
______________________________________________________________________________
College Station City Council members who made recommendations for the Charter change
approved by the public in a municipal election held on May 2, 1998 were: Mayor Lynn
McIlhaney, Council members Dick Birdwell, Larry Mariott, Steve Esmond, Swiki Anderson,
David Hickson, Hubbard Kennady
______________________________________________________________________________
College Station City Council members who made recommendations for the Charter change
approved by the public in a municipal election held on November 4, 2003 were: Mayor Ron
Silvia, Council members Anne Hazen, James Massey, John Happ, Robert Wareing, Scott Mears,
Dennis Maloney
______________________________________________________________________________
College Station City Council members who made recommendations for the Charter change to
add new Section 30, Article III, The City Council: Creation of City Internal Auditor approved by the
public in a municipal election held on May 13, 2006 were: Mayor Ron Silvia, Council members
John Happ, Chris Scotti, Ben White, Susan Lancaster, Nancy Berry, Ron Gay
______________________________________________________________________________
College Station City Council members who made recommendations for the Charter change to
Article XII General Provisions Section 115 Personal Interest approved by the public in a municipal
election held on November 4, 2008 were: Mayor Ben White, Council members Lynn
McIlhaney, James Massey, Dennis Maloney, David Ruesink, John Crompton, Larry Stewart
42
April 8, 2010
Workshop Agenda Item No. 5
Student Liaison to City Council
To: Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Presentation, possible action, and discussion regarding a Texas A&M
Student Liaison to the City Council.
Recommendation(s): Provide staff direction regarding a possible Student Liaison to the
City Council.
Summary: The Texas A&M Student Senate passed a bill during the 2009 Fall semester
requesting that the College Station City Council consider adding a representative position
for a member of the Texas A&M Student Government. The Council discussed this issue at its
January 28 and February 11 meetings and direction was given to staff to meet with student
representatives to discuss the role of a liaison position.
The position is intended to provide a conduit between the City of College Station’s policy
makers and the City’s large student population. This dialogue must be two-way in order to
be effective, and to that end, the Texas A&M University Student Senate passed a resolution
at its February 24 meeting extending full speaking privileges to any current member of the
College Station City Council when they would like to participate or make special
presentations during Student Senate meetings.
Staff will be prepared to discuss aspects of a proposed liaison position and seeks Council
direction on how they would like to proceed with this request.
Budget & Financial Summary: N/A
Attachments: N/A
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