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1990 Charter Review
Charter Review City of College Station OWFU CITY OF COLLEGE STATION 11 \ / OFFICE OF THE CITY MANAGER Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3510 M E M O R A N D U M TO: Honorable Mayor and City Council FROM: Ron Ragland, City Manager DATE: March 8, 1989 RE: Proposed Changes to the City Charter I requested the staff to review the Charter and to note the need to update or make corrections. These recommended changes have been compiled into one report with references attached. The changes listed by the staff are basically directed at "house cleaning" rather than changing the intent or direction of the current Charter. The staff person recommending the change has been noted in the report in case further clarification is necessary, though most are self- evident. RR:mm Attachment PROPOSED CHARTER REVISIONS ARTICLE I - INCORPORATION: FORM OF GOVERNMENT, Section 2 - Form of Government Current: The municipal government provided by this charter shall be known as the "council- manager government". Pursuant to its provisions and subject only to the limitations imposed by the state constitution and by this charter, all powers of the city shall be vested in an elective council, hereinafter referred to as the "city council", which shall enact local legislation, adopt budgets, determine policies, and employ the city manager, who shall execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescribed by this charter, or, if the manner be not prescribed, then in such manner as may be prescribed by ordinance. Cathv Locke: Recommend: The municipal government provided by this charter shall be known as the "council- manager government". Pursuant to its provisions and subject only to the limitations imposed by the Federal constitution, the state constitution and by this charter, all powers of the city shall be vested in an elective council, hereinafter referred to as the "city council", which shall enact local legislation, adopt budgets, determine policies, and employ the city manager, who shall execute the laws and administer the government of the city. All powers of the city shall be exercised accordina to State and Federal law in the manner prescribed by this charter, or, if the manner be not prescribed, then in such manner as may be prescribed by ordinance. (Additions indicated by underlining). PROPOSED CHARTER REVISIONS Page 2 ARTICLE II - CORPORATE AND GENERAL POWERS: Section 5 - Powers of Citv Current: The city shall have all the powers granted to municipal corporations and to cities by the constitution and laws of the State of Texas, together with all the implied powers necessary to carry into execution all the powers granted. The city may acquire property within or without its corporate limits for any city purposes in fee simple 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; and, except as prohibited by the constitution of this state or restricted by this charter, the city shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The city may use a corporate seal; may sue and be sued; may contract and be contracted with; may implead and be impleaded in all courts and places and in all matters whatever; may cooperate with the government of the State of Texas or any agency thereof, the Federal Government or any agency thereof, or any political subdivision of the State of Texas, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and convenience of the city or its inhabitants; and may pass such ordinances as may be expedient for maintaining and promoting the peace, welfare and government of the city, and for the performance of the functions thereof. The enumeration of particular powers by this charter shall not be deemed to be exclusive; and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the City of College Station shall have, and may exercise, all powers of local self-government, and all powers enumerated in Chapter 13, Title 28, Revised Civil Statutes of the State of Texas of 1925, and the acts amendatory thereof and supplementary thereto, now or hereafter enacted or any other powers which, under the constitution and laws of the State of Texas, PROPOSED CHARTER REVISIONS Page 3 Cathv Locke: it would be competent for this charter specifically to enumerate; and also such further powers as may hereafter be granted under the constitution and laws of the State of Texas. Recommend: The reference to "Chapter 13, Title 28, Revised Civil Statutes of the State of Texas of 1925, and the acts amendatory thereof and supplementary thereto, now or hereafter enacted," should be amended to read, "TEX. REV. CIV. STAT. ANN. art. 1175 (Vernon Supp. 1989), as amended. Section 6: Extension of Citv Limits upon Petition Current: Whenever a majority of the qualified voters who are citizens of the State of Texas and inhabitants of any territory adjoining the City of College Station, as such territory may be designated by the City Council; or in case there are no qualified voters in such territory, then when persons owning a majority of land in area of said territory desire the annexation of such territory to the City of College Station, they present a written petition to that effect to the City Council and shall attach to said petition the affidavit of one or more of their number to the effect that such petition is signed by a majority of such qualified voters; or in case there are no qualified voters said affidavit shall be to the effect that there are no qualified voters in said territory and that the persons signing the petition own a majority of the land in the area of such territory; and thereupon the City Council may annex such territory in accordance with the provisions of the "Municipal Annexation Act" Article 970a, Vernon's Annotated Texas Statutes as it presently is written or may hereafter be amended. Cathv Locke: Recommend: The citation to "Municipal Annexation Act" Article 970a, Vernon's Annotated Texas Statutes" should be changed to reflect the current law: "Municipal Annexation Act,' TEX. PROPOSED CHARTER REVISIONS Page 4 LOCAL GOV'T CODE, Chapter 43 (Vernon 1988), as it is presently written or may hereafter be amended. section 7: Extension of Citv Limits by the Citv Council Current: The City Council shall have power by ordinance to fix 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 said City, with or without the consent of the territory and inhabitants annexed. The City shall follow the procedures set forth in the "Municipal Annexation Act" Article 970a, Vernon's Annotated Texas Statutes as it presently is written or may hereafter be amended. Cathv Locke: Recommend: he City Council shall have power by ordinance to fix 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 said City, with or without the consent of the territory and inhabitants annexed. The City shall follow the procedures set forth in the "Municipal Annexation Act" TEX. LOCAL GOV'T CODE, Chapter 43 (Vernon 1988). as it presently is written or may hereafter be amended,. (Recommended change is underlined.) Section 9: Eminent Domain, Current: The city shall have the full right, power and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this charter, or by the constitution or laws of the State of Texas. In all cases where the city seeks to exercise the power of eminent domain, it may be controlled, as nearly as practicable, by the laws governing the condemnation of property of railroad corporations in this state, the city taking the position of the railroad corporation in any such case. The city may also exercise the power of eminent domain in any other PROPOSED CHARTER REVISIONS Page 5 Cathv Locke: manner now or hereafter authorized or permitted by the constitution and laws of this state, or in the manner and form that may be provided by ordinance of the governing body of the city. The power of eminent domain hereby conferred shall include the right of the city to take the fee in the lands so condemned and such power and authority shall include the right to condemn public property for such purposes. The city shall have and possess this power of condemnation of property within or without the corporate limits for any municipal or public purpose, even though not specifically enumerated herein on in this charter. Recommend: The city shall have the full right, power and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this charter, or by the constitution or laws of the State of Texas. In all cases where the city seeks to exercise the power of eminent domain, . . . the city may. . . exercise the power of eminent domain in any. . . manner now or hereafter authorized or permitted by the constitution and laws of this state, or in the manner and form that may be provided by ordinance of the governing body of the city. The power of eminent domain hereby conferred shall include the right of the city to take the fee in the lands so condemned and such power and authority shall include the right to condemn public property for such purposes. The city shall have and possess this power of condemnation of property within or without the corporate limits for any municipal or public purpose, even though not specifically enumerated herein on in this charter. (Recommendations for removal of language indicated by (. .). Section 11 - Street Improvements Current: The City of College Station shall have exclusive domain, control and jurisdiction in, upon, and over and under the public streets, avenues, alleys and highways of the PROPOSED CHARTER REVISIONS Page 6 Cathv Locke: Recommend: city, and may provide for the improvement thereof by paving, repaving, raising, draining or otherwise. The provisions of Chapter 106, Fortieth Legislature, First Called Session, Acts 1927, being Article 1105b, Vernon's Annotated Civil Statutes of Texas, together with existing amendments and all such amendments as hereafter may be made, and acts supplementary thereto, now or hereafter enacted, are expressly adopted and made a part of this charter. Such exclusive dominion, 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, wires or other property. The City of exclusive doma: in, upon, and streets, avenue city, and may thereof by draining or of TEX. REV. CIV. Supp. 1989), amendments an( hereafter may b thereto, now expressly adopt charter. Sucr and jurisdictic public streets, of the city. s' College Station shall have .n, control and jurisdiction over and under the public s, alleys and highways of the provide for the improvement ?aving, repaving, raising, herwise. The provisions of STAT. ANN. art. 1105b (Vernon, together with existing all such amendments as s made, and acts supplementary or thereafter enacted, are .ed and made a part of this exclusive dominion, control z in, upon, over and under the avenues, alleys and highways call also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines, wires or other property. (Underlined portion indicates recommended change, which reflects a change in the pertinent statute.) Section 13 - Corporation Court Current: There shall be a court for the trial of misdemeanor offenses known as the Corporation Court of the City of College Station, with such powers, procedures and duties as are PROPOSED CHARTER REVISIONS Cathv Locke: Page 7 given and prescribed by the laws of the State of Texas for corporation courts. Recommend: There shall be a court for the trial of misdemeanor 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 municipal courts. (TEX. GOV'T CODE Chapter 29, as amended, changed the name of corporation courts to municipal courts.) Section 15 - Public Utilities; Powers of the Citv Current: In addition to is power to buy, own, construct, maintain and operate utilities and to manufacture and distribute electricity, gas or anything else that may be needed or used by the public, the city shall have such further powers as may now or hereafter be granted under the constitution and laws of the State of Texas. Cathv Locke: Recommend: In addition to its power to buy, own, construct, maintain and operate utilities and to manufacture and distribute electricity, gas or anything else for resale that may be needed or used by the public, the city shall have such further powers as may now or hereafter be granted under the constitution and laws of the State of Texas. (Recommended addition is underlined.) Section 21 - Presidinc Officer: Mavor Current: The mayor shall preside at meetings of the city council and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no regular administrative duties. He shall be entitled to vote upon all matters considered by the city council, but he shall have no veto power. The city council shall elect a mayor pro tem from its membership who shall act as PROPOSED CHARTER REVISIONS Steve Beachv: Page 8 mayor during the absence or disability of the mayor. Recommend: Include the statement that the Mayor serves as the Director of Emergency Management for the City of College Station. The Mayor shall be responsible for preparing a program of comprehensive emergency management within the City. The Mayor may delegate authority for execution of this duty to an appointed Emergency Management Coordinator, but the ultimate responsibility for the preparation shall remain with the Mayor. See attached Exhibit A. ARTICLE III - THE CITY COUNCIL: Section 22 - Vacancies Current: A vacancy in the City Council shall be filled by a special election which shall be called within thirty (30) days of the occurrence of such vacancy. If any such vacancy shall occur within ninety (90) days preceding a general election, then no special election shall be called; provided, however, that the unexpired term shall be filled at the next general election. Mike Strobe: Recommend: It seems more expedient and less costly to allow the majority of City Council appoint vacant positions on Council prior to a general election, thereby, eliminating the need and cost of any special election. Section 23 - Powers Current: All powers of the city and the determination of all matters of policy shall be vested in the city council. Except where in conflict with and otherwise expressly provided by this charter, the city council shall have all powers authorized to be exercised by the city council by Chapter 4 of Title 28 Vernon's Annotated Civil Statutes, and acts amendatory PROPOSED CHARTER REVISIONS Page 9 hereafter enacted. 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 functions 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 of any office, department or agency of the 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 clearance of slum districts and rehabilitation of blighted areas. (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 PROPOSED CHARTER REVISIONS Page 10 Cathv Locke: 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 and to prescribe the kind and character of buildings, structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous 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. Recommend: The reference to "Chapter 4 of Title 28 Vernon's Annotated Civil Statues, and acts amendatory thereof and supplementary thereto, now or hereafter enacted[,]" should be changed to reflect the current statutory authority, Tex. Local Gov't Code (Vernon 1988), as amended. The first sentence of subsection (6) should be changed to read as follows: "To provide for a planning commission, a zoning commission, a zoning board of adjustment, and such other boards and commissions as shall be deemed advisable, and appoint the members of all such commissions and boards. PROPOSED CHARTER REVISIONS Page 11 Doua Landua: Recommend: In subsection (12), "fireproof" should be changed to "fire resistant." Section 24 - Annointment and Removal of Citv Manaaer Current: The city council shall appoint an officer of the city who shall have the title of city manager and who shall have the powers and perform the duties set forth in this charter. No councilman shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. The salary of the city manager shall be fixed by the city council, and he shall hold office at its pleasure; but if he is removed at any time after six (6) months following his appointment, he may demand written charges and a public hearing thereon before the city council prior to the date on which his final removal shall take effect, but pending such hearing the city council may suspend him from office. The action of the city council in suspending or removing the city manager shall be final, it being the intention of this charter to vest all authority and fix all responsibility for such suspension or removal in the city council. During the absence or disability of the city manager, the city council shall designate some properly qualified person to perform the duties of the office, except in case of his temporary absence or disability. Cathy Locke: Recommend: Remove the last sentence of Section 24 as it is in conflict with Section 42 of the City Charter. Section 27 - Administrative Departments Current: There are hereby created the following administrative departments: Finance, Police, Fire and Public Works. The city council may, if it deems it advisable, consolidate into one department PROPOSED CHARTER REVISIONS Page 12 Cathv Locke: not more than two of the departments hereby established; and by ordinance may create, change and abolish offices, departments or agencies other than the offices, departments and agencies established by this charter. Recommend: Remove all the Section 27 as it now reads, as it is too binding, and instead say: The city council may, if it deems advisable, create, change and abolish various offices, departments, or agencies within the city government. Section 29 - City Judge Current: There shall be a magistrate of the Corporation Court known as the City Judge who shall be appointed by the city council for a term of two 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 judge who shall serve in the absence of the City Judge. All costs and fines imposed by the corporation court, or by any court in cases appealed from judgments of the corporation court, shall be paid into the city treasury for the use and benefit of the city. Cathv Locke: Recommend: All references to "Corporation Court" should be changed to "Municipal Court," to reflect the change in Texas statutes which refer to this type of court. Section 35 - Procedure for Passage of ordinances Current: Every ordinance shall be introduced in written or printed form and, upon passage, shall take effect at the time indicated therein; provided, however, that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten (10) days from the date of its passage. The city PROPOSED CHARTER REVISIONS cathv Locke: Page 13 secretary shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, to be published in the official newspaper of the City of College Station at least twice within ten (10) days after the passage of such ordinance. He shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the charter, and the date of such publication, which shall be prima facie evidence of the legal publication and promulgation of such 'ordinance; provided, however, that the provisions of this sectin (sic) on shall not apply to the correction, amendment, revision and codification of the ordinances of the city for publication in book or pamphlet form. Except as may be otherwise provided by this charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of the city council. Every ordinance shall be authenticated by the signature of the mayor and city secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the city council, but it shall only be necessary to record the caption or title of ordinances in the minutes or journal of council meetings. The city council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as it deems advisable, and such printed code, when adopted, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. Such printed code shall be admitted in evidence.in all courts and places without further proof. Recommend: In the sixth line on page 14 "section" is misspelled. The word should be corrected to reflect the proper spelling. In the eighth PROPOSED CHARTER REVISIONS Page 14 line from the bottom of the ordinance, the line beginning with "corrected, amended, revised, codified and printed in code form", insert the word "or" before the word "codified"; and remove the words "and printed in code form". Section 36 - Investiaation by City Council Current: The city council shall have power to inquire into the conduct of any office, department, agency or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed one hundred ($100.00) dollars. Cathv Locke: Recommend: Change the amount of the fine to $200.00 per day. Section 37 - Independent Annual Audit Current: 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 of the 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 council. 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 of the city business, but, within specifications approved by the city council, shall post -audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. Notice shall be given by publication in some newspaper of general circulation in the City PROPOSED CHARTER REVISIONS Page 15 Cathv Locke: of College Station that the annual audit is on file at the city hall for inspection. Recommend: The second paragraph of Section 37 should be changed to read, "Notice shall be given by publication in the official newspaper the City of College Station that the annual audit is on file at the city hall for inspection." ARTICLE IV - THE CITY MANAGER: Section 42 - Absence of Citv Manager Current: To perform his duties during his temporary absence or disability, the mayor may designate by letter filed with the city secretary a qualified administrative officer of the city to serve for the city manager. Ron Raaland Chief Strove: Recommend: Concerning out of town business, illness, and vacation the city manager may be delegated authority to designate an individual to serve in the absence of the city manager. Cathv Locke: Recommend: See recommendation for Section 24. ARTICLE V - THE BUDGET section s0 - Notice to Public Hearina on Budget Current: At the meeting at which the budget is submitted, the city council shall fix the time and place of a public hearing on the budget and shall cause to be published a notice of the hearing setting forth the time and place thereof at least five (5) days before the date of the hearing. PROPOSED CHARTER REVISIONS Page 16 Cathv Locke: Recommend: Add following the word "notice" in the third line from the bottom of Section 50, "in the official newspaper of the City of College Station". Section 52 - Proceedinas on Bucket After Public Hearinq Amendina or Suvvlementina Budaet Current: After the conclusion of such public hearing, the city 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 ten percent or more, it must cause to be published a notice setting forth the nature of the 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. Cathy Locke: Recommend: Following the word "publication" in the next to last line of Section 52, add the words, "in the official newspaper of the City of College Station". Section 61 - Emeraencv Avvrovriations Current: The city budget may be amended and appropriations altered in cases of grave public necessity, the actual fact of which shall have been certified to in writing by not less than one hundred (100) resident qualified voters owning real property within the corporate limits of the city which has been personally rendered for current city taxes. Bill Harrison: Recommend: Budaet Amendment Process: Suggest that this section be deleted and replaced with the following: PROPOSED CHARTER REVISIONS Page 17 The City Council shall have the authority to amend the annual budget after the date of official adoption. The total estimated expenditures of the general fund and the debt service fund, as amended, shall not exceed the total estimated resources of each fund. At the meeting at which the budget amendment is submitted, the City Council shall fix the time and place of a public hearing on the budget amendment and shall cause to be published a notice of the hearing setting forth the time and place thereof at least five (5) days before the date of the hearing. At the time and place set for a public hearing on the budget, or at any time and place to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the budget amendment submitted, and all interested persons shall be given an opportunity to be heard for or against any item or the amount of any item therein contained. Discussion: Budget amendments are a normal function of administering the affairs of the city and should be handled in the same way the budget is adopted. The City is in the process of implementing new hardware and software for finance and personnel applications. One key improvement to be gained through the new system is the ability to properly allocate personnel costs to appropriate functions. As an example, City employees of the street division are currently used, along with street division equipment, to handle excavation work at the landfill. Our current system will not allow dividing costs between the landfill operations and the street division. Under the new system, the payroll software will provide for dividing the time of any employee into as many accounts as are appropriate based on work assignments. The budget implication to this is that the personnel costs are now budgeted in the employee's "home" division. With detailed cost accounting, costs will be allocated based on work assignments; however, those PROPOSED CHARTER REVISIONS Cathv Locke: Page 18 costs will not match to budget appropriations. Currently, City Council adopts the annual budget through an appropriations ordinance. Amendments to that approved budget are a standard part of operations and should not be more difficult than the original adoption of the budget. Rolling forward year-end encumbrances to the following year's budget, as well as budget amendments to track actual personnel costs discussed above, will need to be routinely handled by the City Council for the City to obtain the optimal use of our new accounting system. Recommend: In Bill Harrison's recommendation, the publication of notice of the public hearing on the budget amendment should be required to be published in the "official newspaper of College Station." ARTICLE VII - FINANCE ADMINISTRATION: Section 69 - Director of Finance; Powers and Duties (Subsections 5 & 6): Current: (5) Supervise and be responsible for the assessment of all property within the corporate limits of the city for taxation, make all assessments for the city government, prepare tax maps and give such notice of taxes and special assessments as may be required by law. Current: (6) Collect all taxes, special assessments, license fees and other revenues of the city or for whose collection the city is responsible and receive all money receivable by the city from the state or federal government, or from any court, or from any office, department or agency of this city. PROPOSED CHARTER REVISIONS Page 19 Alfred Miller,,, Bill Harrison: Recommend: The Appraisal District's role should be defined. Section 69 - Director of Finance; Powers and Duties (Subsections 5. 6, and 8) Current: (5) Supervise and be responsible for the assessment of all property within the corporate limits of the city for taxation, make all assessments for the city government, prepare tax maps and give such notice of taxes and special assessments as may be required by law. (6) Collect all taxes, special assessments, license fees and other revenues of the city or for whose collection the city is responsible and receive all money receivable by the city from the state or federal government, or from any court, or from any office, department or agency of this city. (8) Have custody of all investments and invested funds of the city government or in possession of such government in a fiduciary capacity, and have the safekeeping of all bonds and notes of the city and the receipt and delivery of city bonds and notes for transfer, registration or exchange. Cathv Locke: Recommend: Remove both Section (5) and (6). Following the words "government or" in the second line of Section (8), insert the words, "which are in the" before the word "possession". Section 74 - Sale of Citv Property Current: Any sale of real property owned by the city shall be subject to the provisions of Article 5421c-12, as amended, and such other laws as are applicable to Home Rule Cities pertaining to the necessity for public bids. PROPOSED CHARTER REVISIONS Cathv Locke: Recommend: Change "Article CODE, Section amended." Section 75 - Purchase Procedure Page 20 5421c-12" to "TEX.LOCAL GOV'T 272.001 (Vernon. 1988) as Current: The director of finance shall have authority to make expenditures without the approval of the city council for all budgeted items not exceeding $5,000, or such amount as shall be provided by Article 2368a, as amended from time to time. Any expenditure involving more than such amount must be expressly approved in advance by the city council. Where an expenditure of more than such amount is involved, notice of the time and place when and where such contract shall be let shall be published in a newspaper in the City of College Station once a week for two consecutive weeks prior to the time of making such purchase or letting such contract, the time of the first publication to be at least fourteen (14) days prior to the time for making such purchase or letting such contract; provided, however, that the city council shall have the right to reject any and all bids. All contracts and purchases shall be handled so as to obtain the best value for the city, with bids or quotes solicited whenever practicable. Nothing herein shall apply to a contract for personal or professional services or to work done by the city and paid for by the day or as such work progresses. Cathy Locke: Recommend: That the amount be changed from $5,000 to $10,000; that Article 2368a be changed to TEX. LOCAL GOV'T CODE, Section 252.021 (Vernon 1988), as amended; that "a newspaper" be changed to "the official newspaper of"; and that the last sentence of the section be changed to read, "Nothing herein shall apply to a contract which is exempted under TEX. LOCAL GOV'T CODE, Section 252.022 (Vernon 1988) , as amended. PROPOSED CHARTER REVISIONS Page 21 virainia McCartnev, Steve Beachv, Mike Strove & Alfred Miller: Recommend: This section has been revised and currently reads as follows: The director of finance shall have authority to make expenditures without the approval of the city council for all budgeted items not exceeding $10,000, or such amount as shall be provided by Article 2368a, as amended from time to time. Any expenditure involving more than such amount must be expressly approved in advance by the city council. Where an expenditure of more than such amount is involved, notice of the time and place when and where such contract shall be let shall be published in a newspaper in the City of College Station once a week for two consecutive weeks, the time of the first publication to be at least fourteen (14) days prior to the time for making such purchase or letting such contract; provided, however, that the city council shall have the right to reject any and all bids. All contracts and purchases shall be handled so as to obtain the best value for the city, with bids or quotes solicited whenever practicable. Nothing herein shall apply to a contract for personal or professional services or to work done by the city and paid for by the day or as such work progresses. Section 76 - Contracts for Improvements Current: Any city improvement costing more than $5,000 or such amount as shall be provided by Article 2368a, as amended from time to time, shall be executed by contract except for such improvements as authorized by the city council to be executed directly by a city department in conformity with detailed plans, specifications and estimates. All such contracts for $5,000 or more shall be awarded to the lowest responsible bidder after such public notice, and competition as may be prescribed by ordinance, provided the city council shall have the power to reject any and all bids and advertise again. Alterations or change orders, may be made or approved by the city manager, provided such PROPOSED CHARTER REVISIONS Page 22 alterations do not increase the costs to the city more than ten (10) percent of the original amounts. Any changes in excess of such ten (10) percent shall be approved by the city council. Bill Harrison Virainia McCartnev: Recommend: "Any city improvement costing more than $5,000. . ." should be changed to 11$10,000" since current law requires that cities with a population greater than 50,000 have council approval for purchases over $10,000. Cathv Locke: Recommend: Change the amount from $5,000 to $10,000, and change Article 2368a to TEX. LOCAL GOV'T CODE, Section 252.021 (Vernon 1988). The last three sentences of this section should be deleted and the following inserted: "All such contracts for $5,000 or more shall be awarded to the lowest responsible bidder by the City Council after such public notice, provided the city council shall have the power to reject any and all bids and advertise again. Alternations or change orders may be made or approved as provided by the TEX. LOCAL GOV'T CODE Section 252.048 (Vernon 1988), as amended. ARTICLE VIII - TAX ADMINISTRATION Section 83 - Division of Taxation, Current: There shall be established in the department of finance a division of taxation, to assess and collect taxes, the head of which shall be the city assessor and collector. Cathv Locke: Recommend: This section should be removed. Section 90 - Taxes; When Due and Pavable Current: All taxes due to the City of College Station shall be payable at the office of the city assessor/collector and may be paid at any PROPOSED CHARTER REVISIONS Page 23 Cathv Locke: 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. Recommend: After "city assessor/collector" add "or authorized designee approved by the city council". ARTICLE IX - NOMINATIONS AND ELECTIONS: Section 93 - Municipal Elections Current: The regular city election shall be held annually on the first Saturday in April, 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 election. The city council may, by resolution, 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 a separate place on the ballot for each vacant seat to be filled at such election, designating such places as Place No. 1, 2, 3, 4, 5, or 6. If an unexpired term is to be filled at such election, the place for the unexpired term shall be so designated. Dian Jones, Cathv Locke: Recommend: In line 2 "first Saturday in April" should .be changed to "first Saturday in May" to reflect this change in the law. See attached Exhibit B. PROPOSED CHARTER REVISIONS Page 24 Cathv Locke: Recommend: The second sentence should be amended to read, "The city council shall fix the hours, the place, and all means for holding such election". The last sentence, "If an unexpired term is to be filled at such election, the place for the unexpired term shall be so designated", should be deleted in its entirety. See recommendation for Section 22. Section 95 - How to Get Name on Ballot Current: 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 with the mayor at least Thirty (30) days prior to the date of election a sworn application in substantially the following form: "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) years. I am not in arrears in the payment of any taxes or liability due the City, nor am I otherwise disqualified or ineligible to serve on the City Council if elected. I reside at , Precinct College Station, Texas. Signed Attached to and filed with the above sworn application shall be a petition to have such candidate's name placed on the official ballot, said petition having been signed by at least Twenty-five (25) qualified voters of the City of College Station. Each signer of said petition shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and PROPOSED CHARTER REVISIONS Page 25 Dian Jones Cathv Locke: number or other description sufficient to identify the place. The signatures need not all be appended to one paper but to each separate petition there shall be attached an affidavit of the circulator thereof that he and only he personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be. Within Ten (10) days after the filing of the petition, the 'City Secretary shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The City Secretary shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the City Secretary shall certify the result thereof and if he shall certify that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at once notify the petitioner or as the case may be the committee of the petitioner. Recommend: This section should be amended to reflect the change in state law which currently requires that names to be placed on the ballot for councilman or mayor be filed with the mayor at least forty-five (45) days prior to the date of election. The form of the sworn application should be amended to include the following sentence as the second sentence: "I am aware of and PROPOSED CHARTER REVISIONS agree to abide CIV. STAT. amended. Page 26 by the nepotism law TEX. REV. ANN. arts. 5996a-5996g, as See attached Exhibit C. Cathv Locke: Recommend: The paragraph beginning "[a]ttached to and filed with the above sworn application shall be a petition . . ." should continue "... to have such candidate' name placed on the official ballot, as provided by the TEX. ELECTION CODE (Vernon 1988), as amended (deleting the last six and a quarter lines on page 29 and the first four lines on page 30 of the Charter). Dian Jones: Recommend: The current wording of the last paragraph should be changed to reflect current law which sets a minimum number of signatures that a home -rule city can require at either twenty-five or one-half of one percent of the total vote received for mayor in the most recent mayoral general election, whichever number is the greater. See attached Exhibit C. The third paragraph, lines 4-7, states that "Each signer of said petition shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number or other description sufficient to identify the place." This addresses some, but not all of the information required by the Election Code. See attached Exhibit D. section 96 - Council Ballots: Current: The full names of all candidates for the city council as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballot without party designation. If two candidates with the same surnames, or with PROPOSED CHARTER REVISIONS Dian Jones Cathv Locke: Page 27 names so similar as to be likely to cause confusion, are nominated, the addresses of their places of residence shall be placed with their names on the ballot. The order of the names on the ballot shall be determined by lot. The official ballot shall be printed not less than twenty (20) days before the date of election. Recommend: Change to "names of all candidates" instead of "full names of all candidates". The second and fourth sentences should be amended to read as follows: "If there are two candidates with the same surname, or with names so similar as to be likely to cause confusion, their names shall be placed on the ballot in compliance with the TEX. ELECTION CODE (Vernon 1986), as amended." . . . and The official ballot shall be printed prior to the day on which absentee voting shall begin." See attached Exhibit E. Section 97 - Laws Governinc Citv Elections Current: All city elections shall be governed, except as otherwise provided by this charter, by the laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto; and in event there should be any failure of the general laws or of this charter to provide for some feature of the city elections, then the city council shall have the power to provide for such deficiency; and no informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable and the charter and ordinances of the city. Cathv Locke: Recommend: The fourth line should be corrected to read: It. . .thereto; and in the event that there PROPOSED CHARTER REVISIONS Page 28 should be any failure of the general laws or of. . . ." Section 98 - Canvassina Election Current: Returns of elections, general and special, shall be made by the election officers to the city council not later than the second Wednesday next following such election, when the city council shall canvass the returns and declare the results of the election. Dian Jones Cathv Locke: Recommend: Current law requires that the canvass shall be conducted not later than the sixth day after election day, which is an earlier deadline than the last day allowed by the current wording in the Charter. This section should be amended to read: "Returns of elections, general and special, shall be made by the election officers to the city council in compliance with the TEX. ELECTION CODE (Vernon 1986), as amended." See attached Exhibit F. ARTICLE XI - FRANCHISES AND PUBLIC UTILITIES,: Section 119 - Limitations Current: No exclusive franchise or privilege shall ever be granted; nor a franchise, nor a privilege to commence at any time after six (6) months subsequent to the taking effect of the ordinance granting the same; and no franchise shall be directly or indirectly extended beyond the term originally fixed by the ordinance granting the same, except as provided by the terms of this charter; nor, except as hereinafter provided, shall any franchise be granted to any person, firm or corporation, their associates, assignees or successors, to acquire the physical property, rights or franchise of another person, firm or corporation to whom or which a franchise has already been granted by the city, whereby the rights and properties held and used under such franchise are assigned to any other PROPOSED CHARTER REVISIONS Page 29 person, firm or corporation which holds a franchise from the city extending beyond the time of the expiration of the franchise of the person, firm or corporation selling such physical properties, rights or franchises; provided, however, that when it shall appear that the public welfare will be promoted by permitting or requiring the properties of two or more companies doing the same character of business to be under one common ownership the city may, in granting a franchise for such properties, allow or require the ownership of such properties to become vested in one ownership or one corporation, provided that no debts or obligations of any of the companies so consolidated shall be assumed by the corporation, person or association of persons acquiring the ownership of such properties except such debts and obligations of said companies, or either of them as could at the time of the creation of such indebtedness, lawfully be created under the constitution and laws of the State of Texas; and only to the extent that the assumption of such indebtedness is permitted under the provisions of the ordinance granting such franchise and the amount of such indebtedness shall be fixed or limited in such ordinance and the same shall not thereafter be increased except by such actual moneys as may hereafter be expended pursuant to the rules and regulations to be formulated by the city council from time to time. Statement: This section prohibits exclusive franchises and this restriction may be to our disadvantage should we ever consider contracting sanitation collection and/or disposal or other services. Multiple franchises would foster system inefficiency and would make it quite difficult to hold the franchises accountable for service to high - cost customers and for general service quality. PROPOSED CHARTER REVISIONS Page 30 Alfred Miller, Ron Ragland, Cathv Locke: Recommend: We recommend permitting exclusive franchises wherein the franchise is awarded through the formal bidding process. section 122 - Utility Rates and Charaes Current: The city council shall have the power by ordinance to fix and regulate the price of water, gas, electric lights, electric power and steam heat, and to regulate and fix the fares, tolls and charges of local telephone service and charge of all public busses, carriages, hacks and vehicles of every kind, whether transporting passengers, freight or baggage; and generally to fix and regulate the rates, tolls and charges of all public utilities of ever kind operating within the corporate limits of the City of College Station. Cathv Locke: Recommend: The first sentence of Section 119 should be amended to read as follows: "The city council may, but is not required to, grant an exclusive franchise or privilege. No exclusive franchise or privilege shall commence at any time after six (6) months subsequent to the effective date of the ordinance granting the same. . . ." The last clause in this section should be amended to read: "; and generally to set and regulate the rates, tolls and charges of all public utilities of every kind as allowed by State and Federal Law operating within the corporate limits of the City of College Station. (Recommended changes are underlined.) Section 124 - Public service Corporations to File Annual Reports Current: It shall be the duty of the city council to pass an ordinance requiring each public service corporation operating within the corporate limits of the city to file a sworn PROPOSED CHARTER REVISIONS Cathv Locke: Page 31 annual report of the receipts from the operation of such business for the current year showing how such receipts were expended, how much thereof for betterments or improvements, the rate of tolls or charges for services rendered to the public, and any other facts or information that the city council may deem pertinent for its use in intelligently passing upon any questions that may arise between the city and the said public service corporations; all reports to be filed with the city secretary and preserved for the use of the city council. Recommend: The title of this section should be amended to "Franchisees to File Annual Reports," and the first sentence should be amended to read: "It shall be the duty of the city council to pass an ordinance requiring each comnanv or oerson who holds a franchise agreement from the Citv of Colleae Station to vrovide bublic services to oublic utilities operating within the corporate limits of the city to file a sworn annual report of the receipts from the operation. ." (Recommended change is underlined. The purpose of this change is to more clearly define "public service corporation", in line with TEX. LOCAL GOV'T CODE Section 402.002. ARTICLE XII - GENERAL PROVISIONS: Section 131 - Personal Interest Current: No member of the city council or any officer or employee of the city shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the city, or be financially interested directly or indirectly in the sale to the city of any land, materials, supplies or services except on behalf of the city as an officer or employee; provided, however, that the provisions of this section shall only be applicable when the stock owned by the officer or employee exceeds one (1) percent of the total capital stock of the PROPOSED CHARTER REVISIONS Cathv Locke: Page 32 corporation. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the city shall render the contract voidable by the city council or city manager. Recommend: The following should be added: "An employee of the city immediately forfeits employment with the city if: (1) the employee becomes a candidate for election to the College Station city council; (2) the employee becomes a candidate for nomination or election to an elective public office where the holding of that office will conflict with the full and proper discharge of the employee's duties with the city; or (3) a managerial or supervisory exempt city employee becomes a candidate for nomination or election to an elective public office of an entity having contractual relations with the City that would involve the employee's department. Section 132 - No Officer or Emnlovee to Accent Gifts Current: No officer or employee of the City of College Station shall ever accept, directly or indirectly, any gift, favor, privilege or employment from any public utility corporation enjoying the grant of any franchise, privilege or easement from the city during the term of office of such officer, or during the employment of such employee, except as may be authorized by law or ordinance; provided, however, that policemen and firemen in uniform or wearing their official badges may accept such free services where the same is permitted by ordinance. Any officer or employee of the city who shall violate the provisions of this section shall be guilty of a misdemeanor and may be punished by any fine that may be PROPOSED CHARTER REVISIONS Linda Piwonka: Page 33 prescribed by ordinance for this offense, and shall forthwith be removed from office. Statement: This section needs clarification to reflect the current personnel policy, which is more clearly defined. Discussion: The Charter should merely direct the establishment of a policy dealing with the "acceptance of gifts" to be adopted by ordinance. This allows the Council to make changes and to update as needed without a Charter revision. Cathv Locke: Recommend: This section should be, amended to read as follows: "No officer or employee of the City of College Station shall ever accept or solicit, directly or indirectly, any money, property, service or other thing of value which can be construed in any way as an intent to influence the employee in the discharge of his duties. Any gift given as a reward for service or as an act of expressing appreciation (i.e., flowers), must be shared by a group of employees, or in the event of cash, contributed to an employee fund. Section 133 - Relatives of Officers Shall Not Be Anoointed or Emoloved Current: No person related within the second degree of affinity, or within the third degree of consanguinity, to members of the city council or the city manager shall be appointed to any office, position or service in the city. Cathy Locke: Recommend: This section should be amended to read: No person related in the second degree of affinity (marriage) or in the third degree by consanguinity (blood) to the mayor, any member of the city council, city manager, or department head shall be appointed as a regular employee of the city to any office, position, clerkship, or other service of the city. Nothing shall prevent the appointment, voting for or confirmation of any person who PROPOSED CHARTER REVISIONS Page 34 shall have been continuously employed in such office, position, clerkship, employment or duty for the following period prior to election or appointment as applicable of the officer or member related to such employee within the prohibited degree: (1) at least thirty (30) days if the officer or member is appointed, or (2) at least six (6) months if the officer or member is elected at an election other than the general election for state and county officers. Individuals who are related in the second degree by affinity or the third degree by consanguinity may be employee within the same department at the discretion of the department head, provided (1) the person is not related to the mayor, any member of the city council, city manager, or department head as provided above; and (2) such employment does not cause one relative to have responsibility for the direct or indirect supervision of the other relative. Section 144 - Sale or Lease of Proverty Other Than Public Utilities or Accruired by Tax Sale Current: 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 of the city, subject to the provisions of Article 5421(c)-12, as amended, and such other laws as are applicable for Home Rule Cities pertaining to the necessity for public bids. Ordinances providing for the sale of land may be subject to referendum for a thirty -day period and shall not be effective until the expiration of said thirty -day period. if during such thirty -day period, a referendum petition is presented to the city secretary which in all respects conforms to the referendum provisions of Article X of this 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 of referendum shall not apply to public utilities or to property purchases by the City at tax sales. PROPOSED CHARTER REVISIONS Cathv Locke: Page 35 Recommend: Article 5421(c)-12 should be changed to TEX. LOCAL GOV'T CODE Section 272.001 (Vernon 1988) . Section 148 - Amendina the Charter Current: Amendments to this charter may be framed and submitted to the electors of the city by a charter commission in the manner provided by law for framing and submitting a new charter. Amendments may also be proposed and submitted by ordinance, passed by a majority vote of the full membership of the city council, or by a petition signed by not less than forty (40) percent of the number of those who voted at the last regular municipal election; provided, however, that in the latter case the petition must bear the signatures of at least ten (10) percent of the qualified voters of the city. When a charter amendment petition shall have been filed with the city council in conformity with the provisions of this charter as to petitions for initiated ordinances, the city council shall forthwith provide by ordinance for submitting such proposed amendment to the electors at the next regular municipal election if one shall occur not less than sixty (60) nor more than one hundred and twenty (120) days after the passage of the ordinance; otherwise it shall provide for the submission of the amendment at a special election to be called and held within the time aforesaid. Not less than thirty (30) days prior to such election the city secretary shall mail a copy of the proposed amendment or amendments to each qualified voter. If a proposed amendment be approved by a majority of the electors voting thereon it shall become a part of the charter in at the time fixed therein. Each amendment shall be confined to one subject; and when more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately. PROPOSED CHARTER REVISIONS Page 36 pothv Locke: Recommend: The section should be amended to read as follows (revisions are underlined or otherwise noted): Amendments to this charter may be framed and submitted to the electors of the city by a charter commission in the manner provided by law for framing and submitting a new charter. Amendments may also be proposed and submitted by ordinance, passed by a majority vote of the full membership of the city council, or by a petition signed by five percent (5%) of the number of the aualified voters of the municipality or 20.000. whichever number is smaller. Notice shall be as provided by TEX. LOCAL GOV'T CODE Section 9.004(a) (Vernon 1988). as amended. When a charter amendment petition shall have been filed with the city council in conformity with the provisions of this charter and state law as to petitions for initiated ordinances, the city council shall forthwith provide by ordinance for submitting such proposed amendment to the electors at the next regular municipal election if one shall occur not less than sixty (60) nor more than one hundred and twenty (120) days after the passage of the ordinance; otherwise it shall provide for the submission of the amendment at a special election to be called and held within the time aforesaid. Not less than thirty (30) days prior to such election the city secretary shall mail a copy of the proposed amendment or amendments to each qualified voter. If a proposed amendment be approved by a majority of the electors voting thereon it shall become a part of the charter in at the time fixed therein. Each amendment shall be confined to one subject; and when more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately. EXHIBIT A RESOLUTION NO. 11-21-84-14 { A RESOLUTION AUTHORIZING THE APPOINTMENT OF A DIRECTOR OF EMERGENCY MANAGEMENT IN COMPLIANCE WITH ARTICLE 6889-7, TEXAS REVISED CIVIL STATUTES, THE TEXAS DISASTER ACT OF 1975, AS AMENDED. - WHEREAS, the legislature of the State of Texas passed in z� 1975 the Texas Disaster Act, Article 6889-7, Texas Revised Civil Statutes; and / WHEREAS, the Texas Disaster Act of 1975 has been amended by House Bills 39 and 1499, which became effective on the 31st day of August, 1981; and WHEREAS, the Texas Disaster Act, hereinafter referred to as "Act", designates the Governor as responsible for meeting dangers to the State and people presented by disasters or disruptions. Further, the Act defines "disaster" as The occurrence or imminent threat of wide- spread or severe damage, injury or loss of ...��; life or property resulting from any natural or ;:- man-made cause, including fire, flood, earth- quake, wind, storm, wave action, oil spill, or other water contamination, volcanic activity, epidemic, air contamination, blight, drought,"; infestation, explosion, riot, hostile military or paramilitary action, other public calamity requiring emergency action, or energy emer- gency. The Act further requires the Governor to establish a State Division of Emergency Management. The State Division of Emergency Management is required to design.a plan,.one.of the requirements of which is to make "provisions for as- ti sistance to local officials in designating local emergency management plans;" and WHEREAS, the City Council finds that the preparation of 9such plans are now required by State law and the designa- tion of the office of the Director of Emergency Management for the City of College Station is required; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of College Station that: 001 i , ' I. There exists the office of Emergency Management Director of the City of College Station. The Director of such office shall be the Mayor of the City. II. The Director of the office of Emergency Management shall appoint an Emergency Management Coordinator, who shall a' serve at the pleasure of the Director. III. The Director shall be responsible for preparing a program i of comprehensive emergency management within the City. He may delegate authority for execution of this duty to the Coordinator, but the ultimate responsiblity for the prepar- ation shall remain with the Director. The Director, in preparing the plan, shall be required to include: A. An on -going survey of actual or potential major hazards which threaten life and property within the City. B. An on -going program for identifying and recom- mending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur. IV. As a part of his responsibility in hazard mitigation, the Director shall supervise the development of an Emergency Management Plan for the City of College Station and shall recommend that plan for adoption by the City Council, along. with any and all Mutual Aid Plans and Agre.ements.wh"ich are deemed essential for the implementation of such Emergency Management Plan. The Director shall cause a survey of the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as well as a continuing study for the need for amendments and im- provements in the Emergency Management Plan. The Director shall bring to the City Council an Emergency j Management Plan to be reviewed by the Council and adopted by ordinance. nnLR71� I 17 V. •'f The Director is hereby authorized to join with the County Judge of the County of Brazos, and the Mayors of the other cities in said County, in the formation of an Emergency Management Council for Brazos County, and shall have the authority to cooperate in the preparation of a Joint Emer- gency Management Plan and in the appointment of a Joint Emergency Management Coordinator. After the preparation of such a Joint Emergency Management Plan, the Mayor of the City of College Station shall present the plan in the form of an ordinance to be approved by the City Council of the City of College Station. PASSED and APPROVED this 21st day of November , 1984. ATTEST: ity Segr tary APPROVED: ea�' Mayor Pro-tem ORDINANCE NO. 1585 AN ORDINANCE IMPLEMENTING THE EMERGENCY MANAGEMENT PLAN FOR THE CITY OF COLLEGE STATION IN COMPLIANCE WITH RESOLUTION NO. 11-21- 84-14 PASSED BY THE CITY COUNCIL ON THE 21ST DAY OF NOVEMBER, 1984 AND AMENDING CHAPTER 8, SECTIONS 4-8 OF THE CODE OF ORDI- NANCES OF THE CITY OF COLLEGE STATION. WHEREAS, the office of emergency management was created on Novem- ber 21, 1984 by Resolution No. 11-21-84-14 passed by the City Council of the City of College Station; WHEREAS, said Resolution required the development of an Emergency Management Plan for the City of College Station; WHEREAS, the City Council of the City of College Station by the enactment of an Emergency Management Plan for the City of College Station intends to further the health, safety and welfare of the residents of College Station in the event of an emergency dis- aster, major public disturbance, or other calamity. The City Council does not intend to impair the freedom to carry on any business or enterprise, the freedom of individual action, or the freedom to use property, whether personal or real. Nor does the City of College Station City Council intend by this ordinance to authorize the impairment of contracts. It is the intent of the City Council to conform to the constitutions of the United States, the State of Texas, Federal law and Texas law. Nor is the passage of this ordinance intended to authorize the denial of equal protection or due process; and WHEREAS, the following Sections 4-8 of Chapter 8 of the Code of Ordinances of the City of College Station hereby constitute the framework of authority for the implementation of the Plan of Emergency Management; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION THAT: I. That Chapter 8, Sections 4-8 of the Code of Ordinances, City of College Station, Texas, are hereby amended to read as follows: "SECTION 4. DEFINITIONS: ATTACK - shall mean a direct assault upon and against the City or its environs by hostile forces, including assault by bombing, chemical or biological warfare, or sabotage. 38 r\ r1 1 1 r%IM DISASTER - shall mean the occurrence or imminent threat of widespread or severe damage, injury, .-)r loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, windstorm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamina- tion, blight, drought, infestation, explosion, riot, hostile mil- itary or paramilitary action, other public calamity requiring emergency action, or energy emergency. MAYOR - shall mean the Mayor of the City or the Mayor Pro Tem. VOLUNTEER - shall mean contributing a service, equipment, supplies or facilities without remuneration or without a formal agreement or contract for hire. SECTION S. INTENT It is the intent of this ordinance that the organization estab- lished hereby will insure the complete and efficient utilization of all of the City's resources to combat disaster caused by at- tack in that the organization will also serve to combat natural disasters. The Office of Emergency Management shall be the co- ordinating agency for all activity in connection with the Emer- gency Management Program; and during a period of attack or natu- ral disaster, it will be the instrument through which the Mayor may exercise the authority and discharge the responsibility in- vested in him by this ordinance. SECTION 6. DUTIES OF THE MAYOR The Mayor of the City Council.of the City of College Station, as deemed necessary in the interest of the public health, safety, and welfare, shall have the authority and is hereby directed to do the following acts: (1) Declare an emergency when he determines that a disaster or major public disturbance has occurred or that the oc- currence or the threat of a disaster or major public disturbance is imminent, the state of emergency contin- ues until the Mayor finds that the threat or danger has passed, or that the threat has been dealt with to the extent that emergency conditions no longer exist and terminates the state of emergency, by proclamation. At any time during the state of emergency, the City Council of the City of College Station may meet and by majority vote dissolve the state of emergency. On termination of the state of emergency, the Mayor shall issue a procla- mation ending the state of emergency. In no event shall 004463 39 a state of emergency continue longer than ten (10) days unless renewed by the Mayor. All proclamations issued under this Section shall indicate the nature of the emergency, the area threatened, and the conditions which have brought it about or which make possible termination of the state of emergency. In no event may a state of emergency continue after the Governor of the state is- sues an executive order terminating the state of emer- gency. (2) Immediately notify the County Commission of Brazos Coun- ty and coordinate all emergency relief assistance with other local governmental entities. (3) Order supplies and equipment of the City of College Sta- tion be used to protect life and property. (4) Direct the City Manager or his delegate to organize forces of the various departments of the City Government to provide any necessary services, and if additional employees are needed, to hire persons on a day-to-day basis in compliance with the Charter of the City of College Station. (5) Appoint volunteers to act at the instance of the City Manager to provide any necessary services. (6) Provide volunteers a signed insignia or other device to show that the individual is a volunteer and has author- ity to act at the direction of the City Manager. (7) Issue a proclamation setting a curfew into effect for all or any part of the City of College Station and to exempt therefrom any persons whose movement is essential to the implementation of the Emergency Management Plan. (8) Order the closing of any place where arms, ammunition, dynamite or other explosives are sold and forbid the sale, barter, loan or gift of such items. (9) Order the closing of bars, lounges, private clubs, li- quor stores or any business establishments having a li- quor, beer or wine permit, gasoline stations, theaters, and public buildings. The Mayor shall also have the power to prohibit the sale of beer, wine and intoxicat- ing liquor and the sale, distribution or gift of gaso- line or other flammable liquid or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle. 004494 40 (10) Declare a list of contraband. (11) Exclude people from any area where there has been a pub- lic disturbance. (12) Provide up-to-date lists of names, telephone numbers, and locations of persons and companies to be notified immediately upon proclamation of an emergency. The Mayor shall request the City Manager to assign City em- ployees to notify such persons and companies. Notifica- tion shall go to the following: (a) All public utility companies operating in the City. (b) All police officers on or off duty. (c) All City Fire Department personnel. (d) All Civil Defense Volunteers. (e) All Street Department employees, who shall report to stand-by locations as designated on a list to be kept up to date by the Director of Public Works. (f) All City Water Department employees who shall re- port to stand-by locations designated by the Direc- tor of Public Works. (g) All City Electric Department employees who shall report to stand-by locations designated by the Di- rector of Public Works. (h) Neighboring sheriff's office, municipalities, State Police, and Federal Civil Defense organizations. (i) Hospitals, emergency clinics, doctors and nurses. (j) Amateur radio, C.B., and telephone networks. (13) Present unconditional authorization to the Governor of the State for removal of debris or wreckage from public property in the City of College Station. (14) Put into effect a black -out and require the extinguish- ment of all lights. Further, the Mayor shall have the power to authorize any individual to operate a siren or other device as a black -out signal, curfew signal, or air raid signal. 04465 41 (15) Upon notification from the Director of Finance or his delegate of the funds available, expend public funds of the City of College Station in compliance with the Charter requirements. (16) Direct the City Manager to have the Chief of Police of the City of College Station detail regularly employed law enforcement officers of the City of College Station Police Department to assist any other county or munici- pality, when in the opinion of the Mayor or other offi- cer authorized to declare a state of civil emergency in such other county or municipality, there exists in such other county or municipality a need for the services of additional law enforcement officers to protect the health, life, and property of such other county or muni- cipality, its inhabitants, and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof by three (3) or more persons acting together or without lawful authority, or during time of natural disaster or man- made calamity, and a request for additional law enforce- ment officers is made to the City Manager of the City of College Station by such Mayor or Officer authorized to declare a state of emergency in such other county or mu- nicipality. (17) Direct the City Manager to have the Fire Chief of the City of College Station detail regularly employed Fire Department employees of the City of College Station to assist any other county or municipality, when in the opinion of the Mayor or other officer authorized to declare a state of civil emergency in such other county or municipality, there exists in such other county or municipality a need for the services of additional fire- fighters to protect the health, life, and property of such other county or municipality, its inhabitants, and the visitors thereto, during time of naturaldisaster or man-made calamity. SECTION 7. RESERVE POLICE FORCE A. POLICE RESERVE FORCE ESTABLISHED There is hereby established a police reserve force for the City of College Station, Texas. B. APPOINTMENTS Members of the police reserve force shall be appointed and/or relieved at the discretion of the Chief of Police and shall ()on46(3, 42 serve as police officers during the actual discharge of offi- cial duties. C. AUTHORIZED NUMBER The police reserve force shall not exceed in number the total number of regular police officers authorized. D. SERVICE Members of the police reserve cretion of the Chief of Police service at any time the Chief sary to have additional police and enforce the law. E. COMPENSATION AND BENEFITS force shall serve at the dis- and may be called into active of Police considers it neces- officers to preserve the peace Members of the police reserve force may serve without compen- sation. Uniforms and uniform compensation may be provided to the reserve police officers at the discretion of the Chief of Police. The uniform compensation shall be based solely upon time served by the member of the police reserve while in training for or in the performance of official duties. The City of College Station may provide hospital and medical as- sistance to members of the police reserve force who sustain injury in the course of performing official duties, in the same manner as provided by the City of College Station for its full time police officers, and reserve officers shall be eligible for death benefits as set out in Chapter 86, Acts of 60th Legislature, Regular Session, 1967, as amended (Article 6228f V.T.C.S.); provided, however, that nothing in this sec- tion shall be construed to authorize or permit a member of the police reserve force to become eligible for participation in any pension fund created pursuant to state statue, to which regular officers may become a member by payroll deduc- tions or otherwise. Reserve police officers shall act only in a supplementary capacity to the regular police force and shall in no case assume the full-time duties of regular po- lice officers. N F. MINIMUM STANDARDS Reserve police officers must comply with the minimum training standards established by the Texas Commission on Law Enforce- ment Officers Standards and education minimum standards es- tablished for all reserve law enforcement officers identic.al to the standards so established which must be fulfilled be- fore a person appointed as a reserve law enforcement officer may carry a weapon or otherwise act as a peace officer. The Chief of Police shall establish qualifications and standards 43 n n I / n" of training for members of the police reserve force and shall establish rules and regulations governing reserve police of- ficers. The Chief of Police may establish minimum physical, mental, educational, and moral standards as used by the regular po- lice department, but in no case shall the standards be less than that established by the Texas Commission on Law Enforce- ment Officers Standards and Education. SECTION 8. LIABILITY AND RESPONSIBILITY The City assumes no liability for injury or death of volunteers in the performance of their duties as volunteers except that which is imposed by State law or any provision in any City ordi- nance or resolution of the City Council. The City employees as- signed to duty as part of the Emergency Management Program shall retain all of the rights, privileges, and immunities of City em- ployees, and shall receive the compensation incident to their regular employment. SECTION 9. DUTIES OF THE CITY MANAGER It shall be the duty of the City Manager to advise the Mayor and perform the duties as required under this ordinance. It shall also be the duty of the City Manager to advise the Mayor concern- ing existing contracts the City of College Station is party to. In the event of an emergency, the Mayor shall determine if the public interest and necessity can be met under the existing con- tract in question. if it is determined that it cannot, the Mayor shall be authorized to enter into other contracts for the health, safety, and welfare of the public. SECTION 10. DUTIES OF THE CITY ATTORNEY It shall be the duty of the City Attorney to advise the Mayor on legal procedures from the time that a public disturbance is im- minent and throughout any that may arise. The City Attorney shall advise the Mayor on the legal procedures requisite to the performance of his duties as determined by that State or United States Constitution, by State law, Federal law or local ordi- nance. SECTION 11. PENALTY PROVISIONS It shall be a violation of display in any manner any be for a volunteer except by the office of the Mayor regulations established by this section for any person to wear or insignia, sign, or device purported to when the insignia has been duly issued and is displayed in accordance with the City Manager. It shall be unlawful for any person to give or cause to be given a false alarm of attack. Tampering with or damaging warning systems or equipment by any means whatsoever shall be considered a violation of this ordi- nance. Any violation of Sections 4-7 shall be punishable by a fine not to exceed $1,000 or confinement in jail for a term not to exceed 180 days, or both, upon conviction thereof, and each offense shall be deemed to be a separate violation and punishable as a separate offense. SECTION 12. INTERPRETATION It is the policy of the City to avoid infringing on any constitu- tional right of any person. Each ordinance of the City shall be interpreted in accordance with the principles set out in this ordinance. If a section is capable of more than one interpreta- tion, the interpretation which raises the least question of in- fringing on any right guaranteed by the United States Constitu- tion or the Constitution of the State of Texas shall be deemed to be the intended construction. If the application of an ordinance provision to a particular set of facts is capable of more than one interpretation, the interpretation shall be made in accord- ance with the principles set out in this section. II. This ordinance is and shall be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this llth day of Apri1,.1985. ATTEST: City Secrt�ry APPa�Z' / Mayor / v 45 EXHIBIT B thiliq� r - CITY OF COLLEGE STATION `® OFFICE OF THE CITY SECRETARY Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3512 ARTICLE IX NOMINATIONS AND ELECTIONS Municipal Elections CITY CHARTER Section 93. The regular city election shall be held annually on the Section 93. first Saturday in April, or as otherwise provided by law, at which time ( page 2 8) 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 election. The city council may, by resolution, 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 SUBCHAPTER A. ELECTION DATES Sec. 41.001. Uniform election dates. (a) Except as otherwise provided ELECTION CODE by this subchapter, each general or special election in this state shall be STATE OF TEXAS held on one of the following dates: Chapter 41 (1) the third Saturday in January; Subchapter A. (2) the first Saturday in May; (3) the second Saturday in August; or (4) the first Tuesday after the.first Monday in November. (b) Subsection (a) does not apply to. (1) a runoff election; (2) a local option election held under the Alcoholic Beverage Code; (3) an election for the issuance or assumption of bonds if the gov- erning body of the political subdivision issuing or assuming the bonds, by resolution, order, or ordinance, finds that holding the election on a date other than a uniform election date is in the public interest, which finding is conclusive and incontestable;' (4) an election to resolve a tie vote; (5) an election held under an order of a court or other tribunal; State legislation in 1987 resulted in one of the uniform election dates -being moved from April to May. (See: Section 41.001.(2), above) EXHIBIT C (011 CITY OF COLLEGE STATION OFFICE OF THE CITY SECRETARY Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3512 How to Get Name on Ballot CITY CHARTER Section 95. Any qualified person may have his name placed on the Section 95 official ballot as a candidate for councilman or mayor at any election ( pages 29 & 3 0) held for the purpose of electing councilmen or mayor by filing with the mayor at least Thirty (30) days prior to the date of election a sworn application in substantially the following form: "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 in arrears in the payment of any taxes or liability due the City, nor am I otherwise disqualified or ineligible to serve on the City Council if elected. I reside at , Precinct , College Station, Texas. Signed " Attached to and filed with the above sworn application shall be a petition to have such candidate's name placed on the official ballot, said petition having been signed by at least Twenty-five (25) qualified voters of the City of College Station. Each signer of said petition shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number or other description sufficient to identify the place. The signatures need not all be appended to one paper but to each separate petition there shall be attached an affidavit of the circulator thereof that he and only he personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be. Within Ten (10) days after the filing of the petition, the City Secretary shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The City Secretary shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the City Secretary shall certify the result thereof and if he shall certify that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at once notify the petitioner or as the case may be the committee of the petitioner. `� CITY OF COLLEGE STATION `® OFFICE OF Th{E CITY SECRETARY Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3512 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 CITY CHARTER held for the purpose of electing councilmen or mayor by filing with the Section 95 mayor at least Thirty (30) days prior to the date of election a sworn ( page 29) application in substantially the following form: "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 in arrears in the payment of any taxes or liability due the City, nor am I otherwise disqualified or ineligible to serve on the City Council if elected I reside at Precinct , College Station, Texas. Signed to To conform to State Law, the sworn application should include a statement that the candidate is aware of the nepotism law. (The Election Code prescribes general requirements for the applica- tion [Chapter 141, Subchapter B., Section 141.0311; the requirements listed in the Code track the eligibility requirements for public office, per Section 141.001. However, under Section 143.005, the city is not bound to include all requirements listed in the Code; Section 143.005 states that "(a) a city charter may prescribe requirements in connection with a candidate's application for a place on the ballot for an office of a home -rule city;" and, includes further that [if the city charter has prescribed such requirements], the provisions of Section 141.031 do not apply to the application except for Section 141.031(4)(L), which requires that a candidate's application must include a statement that the candidate is aware of the nepotism law, Articles 5996a through 5996g of the Revised Statutes.) (Ir4dr CITY OF COLLEGE STATION OFFICE OF THE CITY SECRETARY Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3512 CITY CHARTER How to Get Name on Ballot Section 95. Section 95. Any qualified person may have his name placed on the ( page 29) official ballot as a candidate for councilman or mayor at any election held for the purpose of electing councilmen or mayor by filing with the mayor at least Thirty (30) days prior to the date of election a sworn application in substantially the following form: Sec.143.007. Filing period. (a) Except as otherwise provided by this code, an application for a place on the ballot must be filed not later than ELECTION CODE 5.p.m. of the 45th day before election day. An application may not be STATE OF TEXAS filed earlier than the 30th day, before the date of the filing deadline. Chapter 143 (b) An application filed by mail is considered to be filed at the time of Section 143.007 its receipt by the appropriate authority. Filing period in special election to fill vacancy, see Sac. 201.055. Time of receipt of znWW document, see Sec. 1.009. Legislation has changed the period of time for candidates to file; an application for a place on the ballot must be filed at least Forty-five (45) days before election day. CITY OF COLLEGE STATION ® OFFICE OF THE CITY SECRETARY Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3512 How to Get Name on Ballot CITY CHARTER Section 95. Any qualified person may have his name placed on the Section 95 official ballot as a candidate for councilman or mayor at any election ( page 29) held for the purpose of electing councilmen or mayor by filing with the mayor at least Thirty (30) days prior to the date of election a sworn application in substantially the following form: "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 in arrears in the payment of any taxes or liability due the City, nor am I otherwise disqualified or ineligible to serve on the City Council if elected I reside at , Precinct , College Station, Texas. Signed 99 Attached to and filed with the above sworn application shall be a petition to have such candidate's name placed on the official ballot, said petition having, been signed by at least Twenty-five (25) qualified voters of the City of College Station. Each signer of said petition shall sign his name (d) For any petition required or authorized to be filed in connection with a candidate's application for a place on the ballot for an office of a ELECTION CODE home -rule city, the minimum number of signatures that must appear on STATE OF TEXAS the petition is the greater of - Chapter 143. (1) 25; or Section 143.005(d) (2) one-half of one percent of the total vote received in the territory from which the office is elected by all candidates for mayor in the most recent mayoral general election. Charter wording does not conform to current state law which sets a minimum number of signatures that a home -rule city can require (see above). Cl CITY CHARTER Section 95 (pages 29 & 30) CITY OF COLLEGE STATION OFFICE OF THE CITY SECRETARY Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3512 Attached to and filed with the above sworn application shall be a petition to have such candidate's name placed on the official ballot, said petition having been signed by at least Twenty-five (25) qualified voters of the City of College Station. Each signer of said petition shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number or other description sufficient to identify the place. The signatures need not all be appended to one paper but to each separate petition there shall be attached an affidavit of the circulator thereof that he and only he personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the -persons whose names they purport to be - Within Ten (10) days after the filing of the petition, the City Secretary shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The City Secretary shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof: If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator the last signatures in excess ofthe numbercertified shall be disregarded If a petition paper is found to be signed by fewer persons than the number certified the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the City Secretary shall certify the result thereof and if he shall certify that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at once notify the petitioner or as the case may be the committee of the petitioner. The Charter addresses the information to be given by "each signer of said petition" but does not include all of the information required by the Election Code, Section 141.063. The Charter also addresses the responsibility of the circulator of each petition paper to include an affidavit; the items required for the affidavit, per Section 141.065 of the Election Code, are not covered in full by the Charter wording. EXHIBIT D Sec. 141.061. ELECTION CODE pplementary petition of political party with state organization nominating by con lion, 181.006, of party without state organization, see Sec. 182.004. Petition fo erendum on primary election ballot, see Sec. 172.088. Petition authoriz required to be filed under law outside cod Chapter 277 (Sec. 277.001 et seq.). Sec. 141.062. Validity of p ' 'on. (a) valid, a petition must: (1) be timely filed with the ap 'ate authority; (2) contain valid signatu in the num required by this code; and (3) comply with a other applicable require is for validity pre- scribed by this c (b) Ape ' ' n may consist of multiple parts. with whom petition is filed, see particular section cited in note under See. 141.063. Validity of signature. A signature on a petition is valid if. (1) except as otherwise provided by this code, the signer, at the time of signing, is a registered voter of the territory from which the office sought is elected or has been issued a registration certificate for a registra- tion that will become effective in that territory on or before the date of the applicable election; (2) the petition includes the following information with respect to each signer: (A) the signer's residence address; (B) the signer's voter registration number and, if the territory from which signatures must be obtained is situated in more than one county, the county of registration; (C) the date of signing; and (D) the signer's printed name; (3) the part of the petition in which the signature appears contains the affidavit required by Section 141.065; (4) each statement that is required by this code to appear on each page of the petition appears, at the time of signing, on the page on which the signature is entered; and (5) any other applicable requirements prescribed by this code for a signature's validity are complied with. Signature for person who cannot sign, see Sec. 1.011. Effective date of registration, see Sec. 13.143. 330 C',� CITY OF COLLEGE STATION / OFFICE OF THE CITY SECRETARY Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3512 Council Ballots CITY CHARTER Section 96. The full names of all candidates for the city council as Section 96. hereinbefore provided, except such as may have withdrawn, died or ( page 30) become ineligible, shall be printed on the official ballot without party designation. If two candidates with the same surnames, or with names so similar as to be likely to cause confusion, are nominated, the addresses of their places of residence shall be placed with their names on the ballot. The order of the names on the ballot shall be determined by lot. The official ballot shall be printed not less than twenty (20) days before the date of election. SUBCHAPTER A. TIME AND PLACE FOR VOTING Sec. 85.001. Absentee voting period. (a) The period for voting absen- ELECTION CODE tee by personal appearance begins on the 20th day before election day STATE OF TEXAS and continues through the fourth day before election day, except as Chapter 85 otherwise provided by this section. Subchapter A (b) For a special runoff election for the office of state senator or state Section 85.001 representative or for a runoff primary election, the period begins on the 10th day before election day. (c) If the date prescribed by Subsection (a) or (b) for beginning the period is a Saturday, Sunday, or legal state holiday, the period begins on the next regular business day. (d) If because of the date for which an election is ordered it is not possible to begin absentee voting by personal appearance on the pre- scribed date, the absentee voting period shall begin on the earliest date practicable after the prescribed date as set by the authority ordering the election. The official ballot needs to be printed in time to have it available on the first day of absentee voting. The standard period for absentee voting by personal appearance begins on the 20th day before election day or on the next regular business day if the 20th day falls on a Saturday, Sunday, or legal state holiday. A later beginning date for absentee voting is allowed in some special and runoff elections. Election Code Sec.85.001 (d) provides that absentee voting can begin later in certain elections (examples: a special election to fill a vacancy, or, a special election on a measure). ELECTION CODE Sec. 141.066. See. 141.064. Method of acquiring signature. A person circulating a petition must: (I) before permitting a person to sign, point out and read to the person each statement pertaining to the signer that appears on the petition; (2) witness each signature; (3) ascertain that each date of signing is correct; and (4) before the petition is filed, verify each signer's registration status and ascertain that each registration number entered on the petition is correct. Sec. 141.065. Affidavit of circulator. (a) Each part of a petition must include an affidavit of the person who circulated it stating that the person: (1) pointed out and read to each signer, before the petition was signed, each statement pertaining to the signer that appears on the petition; (2) witnessed each signature; (3) verified each signer's registration status; and (4) believes each signature to be genuine and the corresponding information to be correct. (b) If a petition contains an affidavit that complies with Subsection (a), for the purpose of determining whether the petition contains a sufficient number of valid signatures, the authority with whom the can- didate's application is filed may treat as valid each signature to which the affidavit applies, without further verification, unless proven otherwise. Persons authorized to administer oaths, see note under Sec. 16.092. Verifying signatures by statistical sample, see Sec. 141.069. Sec.141.066. Signing more than one petition prohibited. (a) A person may not sign the petition of more than one candidate for the same office in the same election. (b) The following statement must appear at the top of each page of a petition: "Signing the petition of more than one candidate for the same office in the same election is prohibited." (c) A signature on a candidate's petition is invalid if the signer signed the petition subsequent to his signing a petition of another candidate for the same office in the same election. 331 EXHIBIT E ` � CITY OF COLLEGE STATION ®I OFFICE OF TFE CITY SECRETARY Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3512 Council Ballots CITY CHARTER Section 96. The full names of all candidates for the city council as Section 96. hereinbefore provided, except such as may have withdrawn, died or ( page 30) become ineligible, shall be printed on the official ballot without party designation. If two candidates with the same surnames, orwith names so similar as to be likely to cause confusion, are nom armed, the addresses of their places of residence shall be placeplacea with ena names on th hallo&. , The order of the names on the ballot shall be determined by lot. The official ballot shall be printed not less than twenty (20) days before the date of election. SUBCHAPTER B. NAME ON BALLOT Sec. 52.031. Form of name on ballot. (a) A candidate's name shall be printed on the ballot with the given name or initials first, followed by a nickname, if any, followed by the surname, in accordance with this ELECTION CODE section. STATE OF TEXAS (b) In combination with the surname, a candidate may use one or Chapter 52, more of the following: Subchapter B . (1) a given name; (2) a contraction or familiar form of a given name by which the candidate is known; or (3) an initial of a given name. (c) A nickname of one unhyphenated word of not more than 10 letters by which the candidate has been commonly known for at least two years immediately preceding the election may be used in combination with a candidate's name. A nickname that indicates a political, economic, social, or religious view or affiliation may not be used. (d) A suffix such as "Sr.," "Jr.," or "2nd" may be used in combination with a candidate's name. (e) A married woman or widow may use in combination with her surname, if the same as her husband's surname, the given name or initials of her husband with the prefix "Mrs." Sec. 52.032. Candidates with same or similar surnames. (a) If two or more candidates for the same office have the same or similar surnames, each of those candidates may have printed on the ballot a brief distin- guishing description or title, not to exceed four words, following the candidate's name. (b) The description or title may only refer to the candidate's place of residence or present or former profession, occupation, or position. How- ever, the description or title may not refer to a public office. Sec. 52.033. Titles prohibited. Except as otherwise provided by this subchapter, a title or designation of office, status, or position may not be used in conjunction with a candidate's name on the ballot. EXHIBIT F �� 1 CITY OF COLLEGE STATION ® OFFICE OF THE CITY SECRETARY Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 CITY CHARTER Section 98. (page 31) (409) 764-3512 Canvassing Election Section 98. Returns of elections, general and special, shall be made by the election officers to the city council not later than the second Wednesday next following such election, when the city council shall canvass the returns and declare the results of the election. Sec. 67.003. Time for local canvass. (a) Each local canvassing author - ELECTION CODE ity shall convene to conduct the local canvass not earlier than the second STATE OF TEXAS day or later than the sixth day after election day at the time set by.,the Chapter 67 canvassing authority's presiding otticer. Section 57.u(3 (b) This section does not apply to a local option election under the Alcoholic Beverage Code. State election law restricts the date for the canvass to no later than the sixth day after election day. The Charter wording does not conform, in that it would allow a longer period. `� CITY OF COLLEGE STATION \ / MUNICIPAL COURT Post Office Box 9960 2611-B Texas Avenue College Station, Texas 77842-0960 (409) 764-3683 MEMORANDUM TO: RON RAGLAND, CITY MANAGER FROM: PHILIP C. BANKS, MUNICIPAL JUDGE ✓✓ DATE: JANUARY 11, 1989 RE: CHARTER REVIEW Enclosed herein please find a purposed change to the City Charter which I feel would be appropriate. In view of the important nature of the court clerk position I believe that the position of court clerk should be addressed in the City Charter. There shall be appointed a court clerk of the / Corporation Court known as the Court Clerk who shall be appointed upon recommendation of the city judge and approved by city council for a term of two years coinciding with the term of the mayor. He may be removed by the city council at any time for imcompetency, misconduct, or mal- feasance. The court clerk shall be responsible for all clerical and quasi-judical administrative functions of the corporation court. The clerk or his deputy may administer oaths to persons filing complaints before the court and authenticate offical documents of the court by affixing the court seal. The court clerk shall determine clerical and administrative personnel needs for the court clerk's office subject to the approval of city council. CITY OF COLLEGE STATION W"CIPAL COURT Post Office Box 9960 2611-B Texas Avenue College Station, Texas 77842-0960 (409) 764-3683 MEMORANDUM TO: Philip C. Banks, Municipal Judge FROM: Kay Choate, Municipal Court Clerk — DATE: January 9, 1989 SUBJECT: Charter Review The responsiblity of the court clerks position and scope of duties have greatly increased in the years since 1983 and should be set out in the Charter. I would like to see the court clerk position added to the Charter.andIwould appreciate you reviewing the following and making recommendations to be submitted to the Council's Charter Review Committee. Upon recommendation by the city judge and approved by the city council there shall be appointed a court clerk. The court clerk shall be responsible to. the judge for direction in matters pertaining to the overall court policy and judicial procedures.. He shall hold office for a term of two years coinciding with the term of the mayor. The court clerk shall be responsible for all clerical and quasi-judical administrative functions of the municipal court. The clerk or his deputy may administer oaths to persons filing complaints before the court and authenticate offical documents of the court by affixing the court seal. The court clerk shall determine clerical and administrative staffing needs for the court clerk's office subject to the city council approved staffing, as determined by the workload and level of service provided by the court. Councilman Gardner's Suggested Areas For Charter Review Section 18e (SELECTION of COUNCIL), page 7-8: Change requirements to majority: 50% plus one or more, rather than "at least 34% of the votes cast: Section 20 (COMPENSATION of MEMBERS), page 8: Consider whether/how much compensation (pay) should be provided for councilmembers Section 23, (2) (5) (POWERS) , page 9: Potential conflict with Manager's prerogatives? Section 23,(6-9) (POWERS), page 9: Delete 23, (6-9) and develop a new Article (PLANNING) which establishes department and P&Z Commission and covers appointment, tenure, duties and authority. Gives the function higher, more secure status than ordinance does Section 36 (INVESTIGATION by CITY COUNCIL), page 14: Same comment as that for 23,(2)(5) Section 109�(REPEALING ORDINANCE; PUBLICATION), page 32: Time limit may be needed before council can amend or repeal initiative or referendum ordinances Section 112 (RECALL PETITIONS), page 35: Ambiguous. Unrealistic requirements for number of signatures I q �INP- C010f MEMORANDUM February 15, 1989 City of College Station POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77840.2499 TO: Council members FROM: Larry Ringer SUBJECT: Topics for Charter Review Committee The Charter Review Committee will begin its review of the Charter soon. In previous discussion of this committee the Council has listed several topics which the committee will be asked to discuss. In addition, there are revisions needed to bring the charter into conformity with state law. Undoubtedly there are other items which members of the Council would like to have the committee consider, and it may be necessary for staff to collect background information, or to research what other cities have in their charters, to aid the committee in its deliberations. Rather than ask staff to conduct separate surveys for individual items, it would be more efficient to have a list of requirements and allow staff to collect all the data at one time. Also, rather than each of us asking staff or the committee to consider our own "wish list," I believe it would be better for the Council to forward to the committee a list of those charter provisions for which consideration of revisions have Council support. In this way, the committee need not spend time researching and discussing provisions which do not have Council support for change. I will place the discussion of topics for the Charter Review Committee on the ngenda for the workshop meeting of Wednesday, .Marrh 8. To facilitate that discussion, please submit a list of those charter provisions which you would like the committee to discuss to the Council Office prior to Wednesday, March 1. This will allow the list to be included in the agenda packet. CITY OF COLLEGE STATION LEGAL DEPARTMENT ,XV Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3507 M E M O R A N D U M TO: Ron Ragland, City Manager FROM: Staff Committee: Linda Piwonka, Executive Director Cathy Locke, City Attorney Connie Hooks, City Secretary Bill Harrison, Executive Director John Woody, Assistant City Manager Tom Brymer, Assistant City Manager RE: Charter Review and Recommendations DATE: April 20, 1990 The staff was asked to review the charter in February 1989. The level of detail of that review was significant. In making recom- mendations for the actual ballot, the staff, like the Charter Re- view Committee, would greatly reduce the number of changes to be brought before the public, particularly from the standpoint of the voters' attention span and the cost of the election. There are many sections of the charter that would look better with wording changes, but these are not necessary for the everyday op- eration of the organization. As well, there are several sections of the charter which are not working with the greatest of ease but on the whole it has been pretty manageable since 1983. The committee also recognized this since it prioritized those issues which it thought needed Council attention. The staff has set out the following priorities for City Council consideration: Section 24 Section 42 Section 60 Section 61 Section 70 (relocation resulting in deletion) Section 72 (relocation resulting in deletion) Section 75 Section 76 Section 131 Ron Ragland Page 2 April 20, 1990 Council consideration of Charter Review Committee recommendations on: Section 95 Section 112 Section 24 provides as follows: The City Council shall appoint an officer of the City who shall have the title of City Manager and who shall have the powers and perform the duties set forth in this charter. No Councilman shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. The salary of the City Manager shall be fixed by the City Council, and he shall hold office at its pleasure; but if he is removed at any time after six (6) months following his appointment, he may demand written charges and a public hearing thereon before the City Council prior to the date on which his final removal shall take effect, but pending such hearing the City Council may suspend him from of office. The action of the City Council in suspending or removing the City Manager shall be final, it being the inten- tion of this charter to vest all authority and fix all responsibility for such suspension or removal in the City Council. During the absence or disabil- ity of the City Manager, the City Council shall designate some properly qualified person to perform the duties of the office, except in case of his temporary absence or disability. The Charter Review Committee recommendation for Section 24 is as follows: The City Council shall appoint an officer of the City who shall have the title of City Manager and who shall have the powers and perform the du- ties set forth in this charter. No Councilman shall receive such appoint- ment during the term for which he shall have been elected, nor within one year after the expiration of his term. The salary of the City Manager shall be fixed by the City Council, and he shall hold office at its pleasure; but if he is removed at any time after six (6) months following his appointment, he may demand written charges and a public hearing thereon before the City Council prior to the date on which his final removal shall take effect, but pending such hearing the City Council may suspend him from of office. The action of the City Council in suspending or removing the City Manager shall be final, it being the inten- tion of this charter to vest all authority and fix all responsibility for such suspension or removal in the City Council. Ron Ragland Page 3 April 20, 1990 The staff recommendation was the same as the Charter Review Com- mittee. Section 42 provides as follows: To perform his duties during his temporary absence or disability, the Mayor may designate, by letter filed with the City Secretary, a qualified administrative officer of the City to serve for the City Manager. The Charter Review Committee recommendation for Section 42 is as follows: By letter filed with the Citv_ Secretary. the Citv_ Manager shall designate. subject to the approval of the Citv Council. a Qualified City administrative officer to exercise the powers and nerform the duties of Citv Manager during the Citv Manager's temporary absence or disabilitv. The Citv Council may revoke such designation at any time and appoint another offi- cer of the Citv to serve until the Citv Manag_er's return or his disability shall cease. Previous recommendations of the staff are in agreement with the proposals for change recommended by the Committee. Those propos- als for change included deletion and reliance upon Section 24 or a change to Section 42 as follows: Concernina out of town business, illness and vacation the Citv Manaaer may be deleaated authoritv to desig- nate an individual to serve in the absence of the Citv Manaaer. Section 60 currently provides: The total estimated expenditures of the general fund and debt fund shall not ex- ceed the total estimated resources of each fund. The classification of revenue and expenditure accounts shall conform as nearly as local conditions will permit to the uniform classification as promulgated by the National Committee on Municipal Accounting, or some other nationally accepted classification. The Charter Review Committee did not recommend any changes. The staff recommendation was as follows: The second sentence of the section should be changed to read: "The classification of revenue and expenditure accounts shall conform as nearly as local conditions will Ron Ragland Page 4 April 20, 1990 permit to the uniform classification as promulgated by the Governmental Accounting Standards Board, or some other nationally accepted classification," since the National Committee on Municipal Accounting no longer exists. The staff also recommended that the following amendments be added to Section 60: (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 Coun- cil, by ordinance, may make supplemental appropriations for the year up to the amount of such excess. Before approval, the City Council shall fix the time and place of a public hearing on the supplemental appropriation and shall cause to be published a notice in the offi- cial newspaper of the City of College Station of the hearing setting the time and place at least five (5) working days before the date of the hearing. (2) To meet a public emergency affecting life, health and property or the public peace, the City Council may make emergency appropriations. Such appropri- ations 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 of any 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 proba- ble to the City Manager that the revenues or fund bal- ances available will be insufficient to meet the amounts appropriated, he shall report to the City Coun- cil 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 appro- priations. (4) The City Manager may at any time transfer any unencum- bered appropriation balance or portion thereof between general classifications of expenditures within an of- Ron Ragland Page 5 April 20, 1990 fice, department or agency. At the request of the City Manager, the City Council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. (5) No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction of transfer or appropriations authorized by this section may be made effective immediately upon adoption. It is recommended that the staff recommendation be followed be- cause of the flexibility it allows the Council. By way of exam- ple, the staff proposal would allow the amendment of the budget if the City were to receive a large sum of cash even if no emer- gency was associated with the desire to make an expenditure. The Charter Review Committee did not recommend any changes on the following sections. Section 61 currently provides: The City budget may be amended and appropriations altered in cases of grave public necessity, the actual fact of which shall have been certified to in writing by not less than one hundred (100) resident qualified voters owning real property within the corporate limits of the City which has been personally rendered for cur- rent City taxes. The staff would recommend: All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or law- fully encumbered. Section 70 currently provides: The City Manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the City Manager, the City Council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. Ron Ragland Page 6 April 20, 1990 The staff would recommend the deletion of Section 70 with its re- location to Section 60, paragraph (4). Section 72 currently provides: All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. The staff would recommend the deletion of Section 72 as it is now duplicated in Section 61. Section 75 of the Charter currently provides: The Director of Finance shall have authority to make expenditures without the approval of the City Council for all budgeted items not exceeding $5,000, or such amount as shall be provided by Article 2368a, as amended from time to time. Any expenditure involving more than such amount must be expressly approved in advance by the City Council. Where an expenditure of more than such amount is involved, notice of the time and place when and where such contract shall be let shall be pub- lished in a newspaper in the City of College Station once a week for two consecutive weeks prior to the time of making such purchase or letting such contract, the time of the first publication to be at least fourteen (14) days prior to the time for making such purchase or letting such contract; provided, however, that the City Council shall have the right to reject any and all bids. All contracts and purchases shall be handled so as to obtain the best value for the City, with bids or quotes solicited whenever practica- ble. Nothing herein shall apply to a contract for personal or professional services or to work done by the City and paid for by the day or as such work progresses. The Charter Review Committee recommended as follows: The Director of Finance shall have authority to make expenditures with- out the approval of the City Council for all budgeted items not exceeding $10.000. or such amount as shall be provided by Texas Local Govern- ment Code Section 252.021 (Vernon 1988), as amended from time to time. .Any expenditure involving more than such amount must be expressly ap- proved in advance by the City Council. Where an expenditure of more than such amount is involved, notice of the time and place when and where such contract shall be let shall be published in the official news- paper in the City of Colleae Station once a week for two consecutive weeks prior to the time of makina such purchase or letting such contract. The time of the first publication shall be at least fourteen (14) days prior Ron Ragland Page 7 April 20, 1990 to the time for malting such purchase or letting such contract; provided, however, that the City Council shall have the right to reject any and all bids. All contracts and purchases shall be handled so as to obtain the best value for the City, with bids or quotes solicited whenever practica- ble. Nothing herein shall apply to a contract which is exemt)ted under Texas Local Government Code. Section 252.022 (Vernon 1988). as amended. The staff recommended the changes made but is concerned that it may be interpreted too strictly and would recommend a simpler provision. There is particular concern that a narrow construc- tion might be made with regard to Local Government Code Section 252.022, General Exemptions, which provides: (A) This chapter does not apply to an expenditure for: (1) a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the mu- nicipality; (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents; (3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other property; (4) a procurement for personal or professional ser- vices; (5) a procurement for work that is performed and paid for by the day as the work progresses; (6)' a purchase of land or right-of-way; (7) a procurement of items that are available from only one source, including: (a) items that are available from only one source because of patents, copyrights, se- cret processes, or natural monopolies; (b) films, manuscripts, or books; (c) electricity, gas, water, and other utility services; Ron Ragland Page 8 April 20, 1990 (d) captive replacement parts or components of equipment; and (e) books, papers, and other library materials for a public library that are available only from the persons holding exclusive distri- bution rights to the materials; (8) a purchase of rare books, papers, and other li- brary materials for a public library; (9) paving drainage, street widening, and other pub- lic improvements, or related matters, if a least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; and (10) a public improvement project, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters. It was recently realized that the there was an assumption that the charter provisions are controlled by the statute, while in this case the opposite is true. Again, it is recommended that the Council should move to simplify this provision to make cer- tain that the City is getting all of the advantages of the Local Government Code that currently exist or may exist in the future. That is, it is recommended to the Council that it make certain that the failure to include something from the Code does not get interpreted as intent to not follow unmentioned sections of the Local Government Code. Simplification will mean that this sec- tion does not need to be changed every time there is a charter review. The staff would recommend that Section 75 be proposed to provide: The City shall make expenditures pursuant to the require- ments of Local Government Code Chapter 252 (Vernon 1988), as amended from time to time. Section 76 currently reads: Any City improvement costing more than $5,000, or such amount as shall be provided by Article 2368a, as amended from time to time, shall be exe- Ron Ragland Page 9 April 20, 1990 cuted by contract except for such improvements as authorized by the City Council to be executed directly by a City department in conformity with detailed plans, specifications and estimates. All such contracts for $5,000 or more shall be awarded to the lowest responsible bidder after such pub- lic notice and competition as may be prescribed by ordinance, provided the City Council shall have the power to reject all bids and advertise again. Alterations or change orders may be made or approved by the City Man- ager, provided such alterations do not increase the costs to the City more than ten (10) percent of the original amounts. Any changes in excess of such ten (10) percent shall be approved by the City Council. The Charter Review Committee proposes that it provide: Any City improvement costing more than $10.000. or such amount as shall be provided by Local Government Code. Section 252.021 (Vernon 1988), as amended from time to time, shall be executed by contract except for such improvements as authorized by the City Council to be executed di- rectly by a City department in conformity with detailed plans, specifications and estimates. All such contracts for $10.000 or more shall be awarded to, the lowest responsible bidder by the City after such notice. provided that City Council shall have the power to reiect anv and all bids and advertise, again. Alterations or change orders may be made or approved as pro- vided by Texas Local Government Code, Section 252.048 (Vernon 1988), as amended. The staff committee now believes that it would be easier to sim- ply provide: Expenditures for City improvements shall be made pur- suant to Local Government Code Chapter 252 (Vernon 1988), as amended from time to time. Charter Section 95 currently provides: 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 with the Mayor at least Thirty (30) days prior to the date of election a sworn application in substantially the following form: "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 elec- tion. 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) Ron Ragland Page 10 April 20, 1990 year. I am not in arrears in the payment of any taxes or liability due the City, nor am I other vise disqualified or ineligible to serve on the City Council if elected. I reside at , Precinct College Station, Texas. Signed The Charter Review Committee recommends: 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 with the City Secretary at least fortv-five (451 days prior to the date of election a sworn application in substantially the following form: 11, , do hereby certify that I am a candidate for the office of , and request that my name be printed upon the official ballot of that particular office in the next City election. I am aware of and avree to abide by the nepotism law. Tex. Rev. Civ. Stat. Ann., arts. 5996a - 5996a, as amended. 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 in arrears in the payment of any taxes or liability due the City, nor am I other vise dis- qualified or ineligible to serve on the City Council if elected. I reside at , Precinct College Station, Texas. Signed The staff recommendation is pretty closely followed by the Char- ter Review Committee. Whether the petition requirement should be retained or proposed for deletion should be a Council decision. There are varying viewpoints on the benefits of such a require- ment. Charter Section 112 currently provides: The recall petition to be effective must be returned and filed with the City Secre- tary within Thirty (30) days after the filing of the affidavit required in Section 111 of this Article and it must be signed by qualified electors of the City, equal in num- ber to at least fifty-one percent (51 %) of the total number of votes cast for the office in question at the last regular municipal election, at which City Councilmen were elected; provided however that in the case of the recall of the Mayor or other Councilmen, the petition shall contain the signatures of at least Forty per- Ron Ragland Page 11 April 20, 1990 cent (40%) of the qualified electors of the City and shall conform to the provisions of Section 101 of this Article. No petition papers shall be accepted as part of a petition unless they bear the signature of the City Secretary as required in Sec- tion 111 of this Article. The Charter Review Committee recommended as follows: The recall petition to be effective must be returned and filed with the City Secre- tary within Thirty (30) days after the filing of the affidavit required in Section 111 of this Article and it must be signed by qualified electors of the City, equal in number to at least Fortv percent (4001ol 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; and shall conform to the provisions of Section 101 of this Article. No petition papers shall be accepted as part of a petition unless they bear the signature of the City Secretary as required in Section 111 of this Article. The Council will need to consider how it wishes to place this item on the ballot. Charter Section 131 currently provides: Section 131. No member of the City Council or any officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested directly or indirectly in the sale to the City of any land materials, supplies or services except on behalf of the City as an officer or employee; provided, however, that the provisions of this section shall only be applicable when the stock owned by the officer or employee exceeds one (1) percent of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any offi- cer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the con- tract voidable by the City Council or City Manager. The Charter Review Committee proposed: Section 131. No member of the City Council or any officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested directly or indirectly in the sale to the City of any land materials, supplies or services except on behalf of the City as an offi- cer or employee; provided, however, that the provisions of this section shall only be a plicable when the stock owned by the officer or employee exceeds one (1� percent of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit his office or Ron Ragland Page 12 April 20, 1990 position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the contract voidable by the City Council or City Manager. An employee of the Citv immediatelv forfeits emnlovment with the Citv if: (1) the employee becomes a candidate for election to the Colleve Station Citv Council:, (2) the employee becomes a candidate for nomination or election to an elective public office where the holdinu of that office will conflict with the full and proper dis- charge of the emplovee's duties with the Cftv; or (3) a managerial or suAervisory exempt employee be- comes a candidate for nomination or election to an elective T)ublic office of an entitv having contractual relations with the Citv_ that would involve the em- plovee's department. The recommendation of the Charter Review Committee follows the staff recommendation. CL:sr (le-of CITY OF COLLEGE STATION Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764.3500 M' f kr tolAIR,f 1M I TO: Honorable Mayor and City Council FROM: Cathy Locke, City Attorney Connie Hooks, City Secretary Linda Piwonka, Executive Director Management Services DATE: April 19, 1991 RE: Charter Revisions At the March 27th council meeting during the discussion of the charter, the following two sections were reviewed and the council consented to discuss these sections at another time. Below is the original text from the charter. Section 18 - Number. Selection. Term The City Council shall be composed of the Mayor and six (6) councilmen and shall be known as 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 purposes 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) In each even numbered year three councilmen and a Mayor shall be elected, and in each odd numbered year three councilmen shall be elected. (d) The Mayor and each councilman shall hold office for a period of two years until his successor is elected and qualified. All elections shall be held in the manner provided in Article IX of this Charter. (e) No person shall be deemed elected to an office unless that person receives at least thirty-four percent of the votes cast for all the candidates for such office. In the event that no candidate receives at least thirty-four percent of all votes cast for all of the candidates for such office, the City Council shall, on the first day following the completion of official count of the ballots cast at the first election, issue a call for a second election to be held within thirty days following the issue of such call, at which election the two candidates receiving the highest number of votes for any office in the Home of Texas A&M University Charter Revisions Page 2 first election in which no one was elected by receiving at least thirty-four percent of all votes cast for all candidates for such office shall again be voted for. Section 69 - Director of Finance: Powers and Duties Under the direction of the city manager, the director of finance shall have charge of the administration of the financial affairs of the city and to that end he shall have authority and shall be required to: (1) Supervise and be responsible for the disbursement of all monies and have control over all expenditures to ensure that budget appropriations are not exceeded. (2) Maintain a general accounting system for the city government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disburse- ments from each receiving and spending agency of the city government to be made daily or at such intervals as he may deem expedient. (3) Submit to the city council through the city manager, at such times as the council may determine necessary, a statement of receipts and disbursements in sufficient detail to show the financial condition of the city. (4) Prepare, as of the end of each fiscal year, a complete financial statement and report. (5) Supervise and be responsible for the assessment of all property within the corporate limits of the city for taxation, make all assessments for the city government, prepare tax maps and give such notice of taxes and special assessments as may be required by law. (7) Have custody of all public funds belonging to or under the control of the city, or any office, department or agency of the city government, and deposit all funds coming into his hands in such depository or depositories as may be designated by the city council, subject to the requirements of law in force from time to time as to the furnishing of bond or the deposit of securities and the payment of interest on deposits. All such interest shall be the property of the city and shall be accounted for and credited to the proper account. (8) Have custody of all investments and invested funds of the city government, or in possession of such government in a fiduciary capacity, and have the safekeeping of all bonds and notes of the city and the receipt and delivery of city bonds and notes for transfer, registration or exchange. (9) Supervise and be responsible for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the city government. (10) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no expenditure shall be made. Attached is the minutes from the March 27th meeting, and the Charter Review recommendations for the above sections. CH/s Attachment J&g'#Nfl� CITY OF COLLEGE STATION LEGAL DEPARTMENT Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3507 M E M O R A N D U M TO: Ron Ragland, City Manager FROM: Staff Committee: Linda Piwonka, Executive Director Cathy Locke, City Attorney Connie Hooks, City Secretary Bill Harrison, Executive Director John Woody, Assistant City Manager Tom Brymer, Assistant City Manager RE: Charter Review and Recommendations DATE: April 20, 1990 The staff was asked to review the charter in February 1989. The level of detail of that review was significant. In making recom- mendations for the actual ballot, the staff, like the Charter Re- view Committee, would greatly reduce the number of changes to be brought before the public, particularly from the standpoint of the voters' attention span and the cost of the election. There are many sections of the charter that would look better with wording changes, but these are not necessary for the everyday op- eration of the organization. As well, there are several sections of the charter which are not working with the greatest of ease but on the whole it has been pretty manageable since 1983. The committee also recognized this since it prioritized those issues which it thought needed Council attention. The staff has set out the following priorities for City Council consideration: Section 24 Section 42 Section 60 Section 61 Section 70 (relocation resulting in deletion) Section 72 (relocation resulting in deletion) Section 75 Section 76 Section 131 Ron Ragland Page 2 April 20, 1990 Council consideration of Charter Review Committee recommendations on: Section 95 Section 112 Section 24 provides as follows: The City Council shall appoint an officer of the City who shall have the title of City Manager and who shall have the powers and perform the duties set forth in this charter. No Councilman shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. The salary of the City Manager shall be fixed by the City Council, and he shall hold office at its pleasure; but if he is removed at any time after six (6) months following his appointment, he may demand written charges and a public hearing thereon before the City Council prior to the date on which his final removal shall take effect, but pending such hearing the City Council may suspend him from of office. The action of the City Council in suspending or removing the City Manager shall be final, it being the inten- tion of this charter to vest all authority and fix all responsibility for such suspension or removal in the City Council. During the absence or disabil- ity of the City Manager, the City Council shall designate some properly qualified person to perform the duties of the office, except in case of his temporary absence or disability. The Charter Review Committee recommendation for Section 24 is as follows: The City Council shall appoint an officer of the City who shall have the title of City Manager and who shall have the powers and perform the du- ties set forth in this charter. No Councilman shall receive such appoint- ment during the term for which he shall have been elected, nor within one year after the expiration of his term. The salary of the City Manager shall be fixed by the City Council, and he shall hold office at its pleasure; but if he is removed at any time after six (6) months following his appointment, he may demand written charges and a public hearing thereon before the City Council prior to the date on which his final removal shall take effect, but pending such hearing the City Council may suspend him from of office. The action of the City Council in suspending or removing the City Manager shall be final, it being the inten- tion of this charter to vest all authority and fix all responsibility for such suspension or removal in the City Council. Ron Ragland Page 3 April 20, 1990 The staff recommendation was the same as the Charter Review Com- mittee. Section 42 provides as follows: To perform his duties during his temporary absence or disability, the Mayor may designate, by letter filed with the City Secretary, a qualified administrative officer of the City to serve for the City Manager. The Charter Review Committee recommendation for Section 42 is as follows: By letter filed with the Citv Secretary, the City_ Manager shall designate, subject to the approval of the City Council, a qualified City administrative officer to exercise the powers and perform the duties of City Manager during the City Manager's temporarv/absence or disability. The City Council may revoke such designation' at anv time and appoint another offi- cer of the City_ to serve until the Ciyv Manager's return or his disability_ ( shall cease.i ralda evious recommendations of the staff are in agreement with the oposals for change recommended by the Committee. Those propos- s for change included deletion and reliance upon Section 24 or change toSection 42 as follows: Concernina out of town business, illness and vacation the Citv Manaaer may be delegated authoritv to desig- nate an individual to serve in the absence of the City, Manaaer. Section 60 currently provides: The total estimated expenditures of the general fund and debt fund shall not ex- ceed the total estimated resources of each fund. The classification of revenue and expenditure accounts shall conform as nearly as local conditions will permit to the uniform classification as promulgated by the National Committee on Municipal Accounting, or some other nationally accepted classification. The Charter Review Committee did not recommend any changes. The staff recommendation was as follows: The second sentence of the section should be changed to read: "The classification of revenue and expenditure accounts shall conform as nearly as local conditions will Ron Ragland Page 4 April 20, 1990 permit to the uniform classification as promulgated by the Governmental Accounting Standards Board, or some other nationally accepted classification," since the National Committee on Municipal Accounting no longer exists. The staff also recommended that the following amendments be added to Section 60: (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 Coun- cil, by ordinance, may make supplemental appropriations for the year up to the amount of such excess. Before approval, the City Council shall fix the time and place of a public hearing on the supplemental appropriation and shall cause to be published a notice in the offi- cial newspaper of the City of College Station of the hearing setting the time and place at least five (5) working days before the date of the hearing. (2) To meet a public emergency affecting life, health and property or the public peace, the City Council may make emergency appropriations. Such appropri- ations 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 of any 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 proba- ble to the City Manager that the revenues or fund bal- ances available will be insufficient to meet the amounts appropriated, he shall report to the City Coun- cil 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 appro- priations. (4) The City Manager may at any time transfer any unencum- bered appropriation balance or portion thereof between general classifications of expenditures within an of- Ron Ragland Page 5 April 20, 1990 fice, department or agency. At the request of the City Manager, the City Council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. (5) No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction of transfer or appropriations authorized by this section may be made effective immediately upon adoption. It is recommended that the staff recommendation be followed be- cause of the flexibility it allows the Council. By way of exam- ple, the staff proposal would allow the amendment of the budget if the City were to receive a large sum of cash even if no emer- gency was associated with the desire to make an expenditure. The Charter Review Committee did not recommend any changes on the following sections. Section 61 currently provides: The City budget may be amended and appropriations altered in cases of grave public necessity, the actual fact of which shall have been certified to in writing by not less than one hundred (100) resident qualified voters owning real property within the corporate limits of the City which has been personally rendered for cur- rent City taxes. The staff would recommend: All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or law- fully encumbered. Section 70 currently provides: The City Manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the City Manager, the City Council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. Ron Ragland Page 6 April 20, 1990 The staff would recommend the deletion of Section 70 with its re- location to Section 60, paragraph (4). Section 72 currently provides: All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. . The staff would recommend the deletion of Section 72 as it is now duplicated in Section 61. Section 75 of the Charter currently provides: The Director of Finance shall have authority to make expenditures without the approval of the City Council for all budgeted items not exceeding $5,000, or such amount as shall be provided by Article 2368a, as amended from time to time. Any expenditure involving more than such amount must be expressly approved in advance by the City Council. Where an expenditure of more than such amount is involved, notice of the time and place when and where such contract shall be let shall be pub- lished in a newspaper in the City of College Station once a week for two consecutive weeks prior to the time of making such purchase or letting such contract, the time of the first publication to be at least fourteen (14) days prior to the time for making such purchase or letting such contract; provided, however, that the City Council shall have the right to reject any and all bids. All contracts and purchases shall be handled so as to obtain the best value for the City, with bids or quotes solicited whenever practica- ble. Nothing herein shall apply to a contract for personal or professional services or to work done by the City and paid for by the day or as such work progresses. The Charter Review Committee recommended as follows: The Director of Finance shall have authority to make expenditures with- out the approval of the City Council for all budgeted items not exceeding $10.000. or such amount as shall be provided by Texas Local Govern- ment Code Section 252.021 (Vernon 1988), as amended from time to time. Any expenditure involving more than such amount must be expressly ap- proved in advance by the City Council. Where an expenditure of more than such amount is involved, notice of the time and place when and where such contract shall be let shall be published in the official news- paner in the City of Colleae Station once a week for two consecutive weeks orior to the time of makina such purchase or lettina such contract. The time of the first publication shall be at least fourteen (14) days prior Ron Ragland Page 7 April 20, 1990 to the time for malting such purchase or letting such contract; provided, however, that the City Council shall have the right to reject any and all bids. All contracts and purchases shall be handled so as to obtain the best value for the City, with bids or quotes solicited whenever practica- ble. Nothing herein shall apply to a contract which is exempted under Texas Local Government Code, Section 252.022 (Vernon 1988). as amended. The staff recommended the changes made but is concerned that it may be interpreted too strictly and would recommend a simpler provision. There is particular concern that a narrow construc- tion might be made with regard to Local Government Code Section 252.022, General Exemptions, which provides: (A) This chapter does not apply to an expenditure for: (1) a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the mu- nicipality; (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents; (3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other property; (4) a procurement for personal or professional ser- vices; (5) a procurement for work that is performed and paid for by the day as the work progresses; (6)' a purchase of land or right-of-way; (7) a procurement of items that are available from only one source, including: (a) items that are available from only one source because of patents, copyrights, se- cret processes, or natural monopolies; (b) films, manuscripts, or books; (c) electricity, gas, water, and other utility services; Ron Ragland Page 8 April 20, 1990 (d) captive replacement parts or components of equipment; and (e) books, papers, and other library materials for a public library that are available only from the persons holding exclusive distri- bution rights to the materials; (8) a purchase of rare books, papers, and other li- brary materials for a public library; (9) paving drainage, street widening, and other pub- lic improvements, or related matters, if a least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; and (10) a public improvement project, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters. It was recently realized that the there was an assumption that the charter provisions are controlled by the statute, while in this case the opposite is true. Again, it is recommended that the Council should move to simplify this provision to make cer- tain that the City is getting all of the advantages of the Local Government Code that currently exist or may exist in the future. That is, it is recommended to the Council that it make certain that the failure to include something from the Code does not get interpreted as intent to not follow unmentioned sections of the Local Government Code. Simplification will mean that this sec- tion does not need to be changed every time there is a charter review. The staff would recommend that Section 75 be proposed to provide: The City shall make expenditures pursuant to the require- ments of Local Government Code Chapter 252 (Vernon 1988), as amended from time to time. Section 76 currently reads: Any City improvement costing more than $5,000, or such amount as shall be provided by Article 2368a, as amended from time to time, shall be exe- Ron Ragland Page 9 April 20, 1990 cuted by contract except for such improvements as authorized by the City Council to be executed directly by a City department in conformity with detailed plans, specifications and estimates. All such contracts for $5,000 or more shall be awarded to the lowest responsible bidder after such pub- lic notice and competition as may be prescribed by ordinance, provided the City Council shall have the power to reject all bids and advertise again. Alterations or change orders may be made or approved by the City Man- ager, provided such alterations do not increase the costs to the City more than ten (10) percent of the original amounts. Any changes in excess of such ten (10) percent shall be approved by the City Council. The Charter Review Committee proposes that it provide: Any City improvement costing more than $10.000, or such amount as shall be provided by Local Government Code, Section 252.021 (Vernon 1988), as amended from time to time, shall be executed by contract except for such improvements as authorized by the City Council to be executed di- rectly by a City department in conformity with detailed plans, specifications and estimates. All such contracts for $10.000 or more shall be awarded to, the lowest responsible bidder by the Citv after such notice. provided that, Citv Council shall have the power to reect anv and all bids and advertise again. Alterations or change orders may be made or approved as pro- vided by Texas Local Government Code. Section 252.048 (,Vernon 1988), as amended. The staff committee now believes that it would be easier to sim- ply provide: Expenditures for City improvements shall be made pur- suant to Local Government Code Chapter 252 (Vernon 1988), as amended from time to time. Charter Section 95 currently provides: 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 with the Mayor at least Thirty (30) days prior to the date of election a sworn application in substantially the following form: III, , 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 elec- tion. 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) Ron Ragland Page 10 April 20, 1990 year. I am not in ar City, nor am I other Council if elected. I reside at College Station, Texas. in the payment of any taxes or liability due the disqualified or ineligible to serve on the City Signed , Precinct The Charter Review Committee recommends: 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 with the City Secretary at least fortv-five (45) days prior to the date of election a sworn application in substantially the following form: "I, , do hereby certify that I am a candidate for the office of , and request that my name be printed upon the official ballot of that particular office in the next City election. I am aware of and agree to abide by the nepotism law. Tex. Rev. Civ. Stat. Ann.. arts. 5996a - 5996g. as amended. 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 in arrears in the payment of any taxes or liability due the City, nor am I other vise dis- qualified or ineligible to serve on the City Council if elected. I reside at , Precinct College Station, Texas. Signed The staff recommendation is pretty closely followed by the Char- ter Review Committee. Whether the petition requirement should be retained or proposed for deletion should be a Council decision. There are varying viewpoints on the benefits of such a require- ment. Charter Section 112 currently provides: The recall petition to be effective must be returned and filed with the City Secre- tary within Thirty (30) days after the filing of the affidavit required in Section 111 of this Article and it must be signed by qualified electors of the City, equal in num- ber to at least fifty-one percent (51 %) of the total number of votes cast for the office in question at the last regular municipal election, at which City Councilmen were elected; provided however that in the case of the recall of the Mayor or other Councilmen, the petition shall contain the signatures of at least Forty per - Ron Ragland Page 11 April 20, 1990 cent (40%) of the qualified electors of the City and shall conform to the provisions of Section 101 of this Article. No petition papers shall be accepted as part of a petition unless they bear the signature of the City Secretary as required in Sec- tion 111 of this Article. The Charter Review Committee recommended as follows: The recall petition to be effective must be returned and filed with the City Secre- tary within Thirty (30) days after the filing of the affidavit required in Section 111 of this Article and it must be signed by qualified electors of the City, equal in number to at least Fortv percent (40%j 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; and shall conform to the provisions of Section 101 of this Article. No petition papers shall be accepted as part of a petition unless they bear the signature of the City Secretary as required in Section 111 of this Article. The Council will need to consider how it wishes to place this item on the ballot. Charter Section 131 currently provides: Section 131. No member of the City Council or any officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested directly or indirectly in the sale to the City of any land materials, supplies or services except on behalf of the City as an officer or employee; provided, however, that the provisions of this section shall only be applicable when the stock owned by the officer or employee exceeds one (1) percent of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any offi- cer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the con- tract voidable by the City Council or City Manager. The Charter Review Committee proposed: Section 131. No member of the City Council or any officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested directly or indirectly in the sale to the City of any land materials, supplies or services except on behalf of the City as an offi- cer or employee; provided, however, that the provisions of this section shall only be applicable when the stock owned by the officer or employee exceeds one (1) percent of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit his office or Ron Ragland Page 12 April 20, 1990 position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the contract voidable by the City Council or City Manager. An employee of the Citv immediatelv forfeits employment with the City if: (1) the emolovee becomes a candidate for election to the Colleee Station City Council; (2) the employee becomes a candidate for nomination or election to an elective public office where the holding of that office will conflict with the full and proper dis- charge of the employee's duties with the City: or. (3) a managerial or supervisory exempt employee be- comes a candidate for nomination or election to an elective public office of an entity havine contractual relations with the ON that would involve the em- plovee's department. The recommendation of the Charter Review Committee follows the staff recommendation. CL:sr CITY OF COLLEGE STATION MANAGEMENT SERVICES GROUP Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3510 MEMORANDUM TO: Ron Ragland, City Manager FROM: Linda Piwonka, Executive Director Management Services DATE: April 11, 1990 SUBJECT: Charter Review Comments Attached please find suggested changes to the Charter from the Executive staff, and an estimated election cost from Connie Hooks, City Secretary. I will be meeting with Cathy and Connie again on April 17, 1990 to discuss the proposed changes, if anything is of concern to you please let me know. Attachments cc: Connie Hooks/ Cathy Locke A CITY OF COLLEGE STATION OFFICE OF THE CITY MANAGER 'A 0 Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3510 MEMORANDUM TO: Linda Piwonka, Executive Director, Management Services Group FROM: Tom Brymer, Assistant City Manager Community Services Group DATE: April 9, 1990 RE: Comments On Charter Revisions Proposed By Citizens Charter Committee I had asked the CSG Directors to review the above referenced document for comments, questions, and suggestions. Joe had a concern regarding the section on granting of franchises as it pertained to future granting of garbage franchises. He felt we should have the ability to negotiate these as opposed to only bidding them out. It is my understanding that there is an AG opinion on this point that states franchises (for garbage service) do not have to be bid out. Finally, I was going to express my concerns, questions, and comments, but since Cathy Locke did such an excellent job covering many of the same areas I was going to comment on, I'm going to let her memo of 4-9-90 stand as my comments as well! cc: C. Locke CSG Directors (NS fi#A':r6(C1TY OF COLLEGE STATION IN LEGAL DEPARTMENT Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3507 M E M O R A N D U M TO: Linda Piwonka, Assistant City Manager FROM: Cathy Locke, City Attorney a - RE: Charter Review and Recommendations DATE: April 9, 1990 This department, as was the rest of the staff, was asked to review the charter in February 1989. The level of detail of that review was significant. In making recommendations for the actual ballot, I would greatly reduce the number of changes to be brought before the public, particularly from the standpoint of the voter's attention span and the cost of the election. For the most part I do not believe that a charter election is imperative. There are many sections of the charter that would look better with cosmetic changes, but these are not necessary. As well, there are several sections of the charter which are not working with the greatest of ease but on the whole it has been pretty manageable since 1983. I believe that the committee also recog- nized this since it prioritized those issues which it thought needed Council attention. I will make comments on the sections of the charter that I feel need consideration. Section 15 currently provides: In addition to its power to buy, own, construct, maintain and operate utili- ties and to manufacture and distribute electricity, gas or anything else that may be needed or used by the public, the City shall have such further powers as may now or hereafter be granted under the constitution and laws of the State of Texas. The Charter Review Committee recommends: In addition to its power to buy, own, construct, maintain and operate utili- ties and to manufacture and distribute electricity, gas or anything else for sale that may be needed or used by the public, the City shall have such further powers as may now or hereafter be granted under the constitution and laws of the State of Texas. Linda Piwonka Page 2 April 9, 1990 As part of the original staff recommendation, I recommended the following: In addition to its power to buy, own, construct, main- tain and operate utilities and to manufacture and dis- tribute electricity, gas or anything else for resale that may be needed or used by the public, the City shall have such further powers as may now or hereafter be granted under the constitution and laws of the State of Texas. I believe that I was mistaken in this recommendation in that I it was too limiting. Since I have made that recommendation I have had to rely upon the provision for the first time and have come to realize how important it is to the City to have flexibility in this area. The current provision has been effective and would continue to be in the City's best interest but if the City does anything in this regard it should provide the utility with more freedom to deal with changing circumstances over the next decade. So if it is felt that a change is necessary I would recommend the following: With regard to the ownership and operation of utili ties, the Citv shall have all powers existing or as may be granted hereafter by the constitution and laws of, the United States and by the constitution and laws of, this state, including but not limited to the Mower to buv, sell, own, construct, maintain and operate utili- ties and to purchase, manufacture and distribute elec-, tricity, gas or anvthina else that may be needed or. used by the public. Section 24 provides as follows: The City Council shall appoint an officer of the City who shall have the title of city Manager and who shall have the powers and perform the duties set forth in this charter. No Councilman shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. The salary of the City Manager shall be fixed by the City Council, and he shall hold office at its pleasure; but if he is removed at any time after six (6) months following his appointment, he may demand written charges and a public hearing thereon before the City Council prior to the date on which his final removal shall take effect, but pending such hearing the City Council may suspend him from of office. The action of the City Council in suspending or removing the City Manager shall be final, it being the inten- tion of this charter to vest all authority and fix all responsibility for such suspension or removal in the City Council. During the absence or disability of the City Manager, the City Council shall designate some properly qualk Linda Piwonka Page 3 April 9, 1990 fied person to perform the duties of the office, except in case of his tempo- rary absence or disability. The Charter Review Committee recommendation for Section 24 is as follows: The City Council shall appoint an officer of the City who shall have the title of City Manager and who shall have the powers and perform the duties set forth in this charter. No Councilman shall receive such appoint- ment during the term for which he shall have been elected, nor within one year after the expiration of his term. The salary of the City Manager shall be fixed by the City Council, and he shall hold office at its pleasure; but if he is removed at any time after six (6) months following his appointment, he may demand written charges and a public hearing thereon before the City Council prior to the date on which his final removal shall take effect, but pending such hearing the City Council may suspend him from of office. The action of the City Council in suspending or removing the City Manager shall be final, it being the inten- tion of this charter to vest all authority and fix all responsibility for such suspension or removal in the City Council. The staff recommendation was the same as the Charter Review Com- mittee. Section 42 provides as follows: To perform his duties during his temporary absence or disability, the mayor may designate by letter filed with the City Secretary a qualified administrative officer of the City to serve for the City Manager. The Charter Review Committee recommendation for Section 42 is as follows: By letter filed with the Citv Secretary, the Citv Manager shall designate, iect to the approval of the City Council, a qualified City administrative officer to exercise the powers and perform the duties of Citv_ Manap-er during the Citv Manaver's temoorary absence or disability. The City, Council may revoke such designation at any time and appoint another offi- cer of the Citv to serve until the Citv Manager's return or his disability shall cease. Previous recommendations of the staff are in agreement with the proposals for change recommended by the staff. Those proposals for change included deletion and reliance upon Section 24 or a change to Section 42 as follows: Concernina out of town business, illness and vacation the Citv Manager may be delegated authority to desig- nate an individual to serve in the absence of the City Manager. Linda Piwonka Page 4 April 9, 1990 Section 61 currently provides: The City budget may be amended and appropriations altered in cases of grave public necessity, the actual fact of which shall have been certified to in writing by not less than one hundred (100) resident qualified voters owning real property within the corporate limits of the City which has been personally rendered for current City taxes. The Charter Review Committee recommended the following change: To meet a public emergency affecting life, health, property, or the public peace, the Citv Councif may amend the budget for emerv_encv appropria- tions throuv-h the use of a designated emergency_ ordinance. The appro- priation and ordinance may not be used to levy taxes, grant, renew or extend a franchise, reeulate public utility rates, or authorize the borrowing of monev, except as provided under this Charter and existing ordinances. The staff recommendation was as follows: The City Council shall have the authority to amend the annual budget after the date of official adoption. The total estimated expenditures of the general fund and the debt service fund, as amended shall not exceed the total estimated resources of each fund. At the meeting at which the budget amendment is submitted, the City Council shall fix the time and place of a public hear- ing on the budget amendment and shall cause to be pub- lished a notice of the hearing setting forth the time and place thereof at least five (5) days before the date of the hearing. At the time and place set for a public hearing on the budget, or at any time and place to which such public hearing on the budget amendment submitted, and all interested persons shall be given an opportunity to be heard for or against any item or the amount of any item therein contained. It is recommended that the staff recommendation be followed because of the flexibility it allows the Council. By way of example, the staff proposal would allow the amendment of the bud- get if the City where to receive a large sum of cash even if no emergency was associated with the desire to make an expenditure. Section 75 of the Charter currently provides: The director of finance shall have authority to make expenditures without the approval of the City Council for all budgeted items not exceeding $5,000, or such amount as shall be provided by Article 2368a, as amended from time to time. Any expenditure involving more than such amount must be expressly approved in advance by the City Council. Linda Piwonka Page 5 April 9, 1990 Where an expenditure of more than such amount is involved, notice of the time and place when and where such contract shall be let shall be pub- lished in a newspaper in the City of College Station once a week for two consecutive weeks prior to the time of making such purchase or letting such contract, the time of the first publication to be at least fourteen ( 14) days prior to the time for making such purchase or letting such contract; provided, however, that the City Council shall have the right to reject any and all bids. All contracts and purchases shall be handled so as to obtain the best value for the City, with bids or quotes solicited whenever practica- ble. Nothing herein shall apply to a contract for personal or professional services or to work done by the City and paid for by the day or as such work progresses. The Charter Review Committee recommended as follows: The director of finance shall have authority to make expenditures without the approval of the City Council for all budgeted items not exceeding $10,000. or such amount as shall be orovided by Texas Local Govern- ment Code Section 252.021 (Vernon 1988), as amended from time to time. Any expenditure involving more than such amount must be expressly approved in advance by the City Council. Where an expenditure of more than such amount is involved, notice of the time and place when and where such contract shall be let shall be published in the official news- paper in the City of Collette Station once a week for two consecutive. weeks prior to the time of making such purchase or lettinct such contract. The time of the first oublication shall be at least fourteen ( 14) days prior to the time for making such purchase or letting such contract; provided, however, that the City Council shall have the right to reject any and all bids. All contracts and purchases shall be handled so as to obtain the best value for the City, with bids or quotes solicited whenever practica- ble. Nothing herein shall apply to a contract which is exemoted under Texas Local Government Code, Section 252.022 (Vernon 1988). as amended. The staff recommended the changes made. I am particularly con- cerned that such an interpretation might be made about Local Government Code Section 252.022, General Exemptions, which pro- vides: (A) This chapter does not apply to an expenditure for: (1) a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality; (2) a procurement necessary to preserve or protect the public health or safety of the municipality's res- idents; (3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other prop- erty; Linda Piwonka Page 6 April 9, 1990 (4) a procurement for personal or professional ser- vices; (5) a procurement for work that is performed and paid for by the day as the work progresses; (6) a purchase of land or right-of-way; (7) a procurement of items that are available from only one source, including: (a)..items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; (b) films, manuscripts, or books; (c) electricity, gas, water, and other utility services; (d) captive replacement parts or components of equipment; and (e) books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; (8) a purchase of rare books, papers, and other library materials for a public library; (9) paving drainage, street widening, and other pub- lic improvements, or related matters, if a least one- third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; and (10) a public improvement project, authorized by the voters of the municipality, for which there is a defi- ciency of funds for completing the project in accor- dance with the plans and purposes authorized by the voters. However, I have recently realized that the there was an assump- tion that the charter provisions are controlled by the statute, while in this case the opposite is true. I now believe that the Council should move to simplify this provision to make certain that we are getting all of the advantages of the Local Government Code that currently exist or may exist in the future. That is, we should make certain that the failure to include something from the Code does not get interpreted as intent to not follow unmen- Linda Piwonka Page 7 April 9, 1990 tioned sections of the Local Government Code. I believe that simplification will mean that this section does not need to be changed every time there is a charter review. I would recommend that Section 75 be proposed to provide: The City shall make expenditures pursuant to the requirements of Local Government Code Chapter 252 (Vernon 1988), as amended from time to time. Section 76 currently reads: Any City improvement costing more than $5,000, or such amount as shall be provided by Article 2368a, as amended from time to time, shall be exe- cuted by contract except for such improvements as authorized by the City Council to be executed directly by a City department in conformity with detailed plans, specifications and estimates. All such contracts for $5,000 or more shall be awarded to the lowest responsible bidder after such -pub- lic notice and competition as may be prescribed by ordinance, provided the City Council shall have the power to reject all bids and advertise again. Alterations or change orders may be made or approved by the City Manager, provided such alterations do not increase the costs to the City more than ten ( 10) percent of the original amounts. Any changes in excess of such ten ( 10) percent shall be approved by the City Council. The Charter Review Committee proposes that it provide: Any City improvement costing more than $10.000, or such amount as shall be provided by Local Government Code, Section 252.021 (Vernon 1988). as amended from time to time, shall be executed by contract except for such improvements as authorized by the City Council to be executed directly by a City department in conformity with detailed plans, specifica- tions and estimates. All such contracts for $10,000 or more shall be awarded to the lowest responsible bidder by the City after such- notice, provided that Citv Council shall have the power to reiect anv and all bids and advertise again. Alterations or change orders may be made or approved as provided by Texas Local Government Code, Section 252.048, ( Vernon 1988), as amended. I now believe that it would be easier to simply provide: Expenditures for City improvements shall be made pursuant to Local Government Code Chapter 252 (Vernon 1988), as amended from time to time. Charter Section 95 currently provides: 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 with the mayor at least Thirty (30) days prior to the date of election a sworn application in substantially the following form: Linda Piwonka Page 8 April 9, 1990 III, , do hereby certify that I am a candidate for the off luu of , and request that my name be printed upon the official ballot for that particular office in the next City elec- tion. 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 in arrears in the payment of any taxes or liability due the City, nor am I other vise disqualified or ineligible to serve on the City Council if elected. I reside at , Precinct College Station, Texas. Signed The Charter Review Committee recommends: 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 with the Citv Secretary at least forty-five (45) days prior to the date of election a sworn application in substantially the following form: 11I, , do hereby certify that I am a candidate for the office of , and request that my name be printed upon the official ballot of that particular office in the next City election. I am aware of and aeree to abide by the neootism law, Tex. Rev. Civ. Stat. Ann., arts. 5996a - 5996g, as amended., 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 in arrears in the payment of any taxes or liability due the City, nor am I other vise dis- qualified or ineligible to serve on the City Council if elected. I reside at , Precinct College Station, Texas. Signed The staff recommendation is pretty closely followed by the Char- ter Review Committee. Whether the petition requirement should be retained or proposed for deletion should be a Council decision. There are varying view points on the benefits of such a require- ment. Charter Section 95 currently provides: The full names of all candidates for the City Council as herein before pro- vided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballot without party designation. If there are two candidates with the same surnames, or with names so similar as to be likely to cause confusion, are nominated, the addresses of their places of residence shall be placed with their names on the ballot. The order of the Linda Piwonka Page 9 April 9, 1990 names on the ballot shall be determined by lot. The official ballot shall be printed not less than twenty (20) days before the date of election. The Charter Review Committee recommends: The names of all candidates for the City Council as herein before pro- vided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballot without party designation. If there are two candidates with the same surnames, or with names so similar as to be likely to cause confusion, their names shall be placed on the ballot in compliance with the Texas Election Code (Vernon 1986), as amended. The order of the names on the ballot shall be determined by lot. The offi- cial ballot shall be printed prior to the day on which absentee voting shall be.in. Charter Section 131 currently provides: Section 131. No member of the City Council or any officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with.the City, or be financially interested directly or indirectly in the sale to the City of any land materials, supplies or services except on behalf of the City as an officer or employee; provided, however, that the provisions of this section shall only be applicable when the stock owned by the officer or employee exceeds one ( I ) percent of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any offi- cer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the con- tract voidable by the City Council or City Manager. The Charter Review Committee proposed: Section 131. No member of the City Council or any officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested directly or indirectly in the sale to the City of any land materials, supplies or services except on behalf of the City as an offi- cer or employee; provided, however, that the provisions of this section shall only be applicable when the stock owned by the officer or employee exceeds one ( I ) percent of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the contract voidable by the City Council or City Manager. An employee of the Citv immediately forfeits employment with the City if, (1) the employee becomes a candidate for election to the (_'olleee Station City Council; Linda Piwonka Page 10 April 9, 1990 (2) the employee becomes a candidate for nomination or. election to -an -elective public office where the holdine of that. office will conflict with the full and proper discharee of the emplovee's duties with the City. or. f 3) a managerial or supervisory exempt employee becomes a candidate for nomination or election to an elective public office of an entitv havine contractual relations with the City_ that would involve the employee's department. The recommendation of the Charter Review Committee follows the staff recommendation. The Committee's priority list included the following: Section 8, Section 18, Section 20 (no change proposed), Section 30, Section 39, Section 69, Section 95 and Section 112. The staff did not comment on Section 8, Section 18, Section 20, Section 30, Section 39, or Section 112. I strongly recommend against changes to Sections 8 and 18. They currently provide as follows: Change of Ward Boundaries Section 8. The City Council shall have power by ordi- nance to alter or change the ward boundaries of the City of College Station; to subdivide the City anew into wards, designating the same by number and describ- ing them by metes and bounds or otherwise adequately, provided there shall be at all times at least three (3) wards within the City; to subdivide wards now existing or that may hereafter be established so that each ward shall contain as nearly as possible the same number of electors; and to change such wards from time to time as the City Council may deem expedient. ARTICLE III THE CITY COUNCIL Number, Selection, Term Section 18. The City Council shall be composed of the Mayor and six (6) Councilmen and shall be known as 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 Linda Piwonka Page 11 April 9, 1990 of the City government for all ceremonial purposes and by the Governor for purposes 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) In each even numbered year three Councilmen and a Mayor shall be elected, and in each odd numbered year three Councilmen shall be elected. (d) The Mayor and each Councilman shall hold office for a period of two years until his successor is elected and qualified. All elections shall be held in the manner provided in Article IX of this Charter. (e) No person shall be deemed elected to an office unless that person receives at least thirty-four percent of the votes cast for all the candidates for such office. In the event that no candidate receives at least thirty-four percent of all votes cast for all of the candidates for such office, the City Council shall, on the first day following the completion of official count of the ballots cast at the first election, issue a call for a second election to be held within thirty days fol- lowing the issue of such call, at which election the two candidates receiving the highest number of votes for any office in the first election in which no one was elected by receiving at least thirty four percent of all votes cast for all can- didates for such office shall again be voted for. I did not see any real reason to change either Section 30 or Section 39. They currently provide: City Attorney Section 30. The City Council shall appoint a competent and duly licensed attorney, preferably one residing in the City of College Station, who shall be its City Attorney. He shall receive for his services such com- pensation as may be fixed by the City Council and shall hold office for a term of two years coinciding with the term of the mayor. The City attorney shall represent the City in all liti- gation. He shall be the legal advisor of and attorney and counsel for the City and all officers and depart- ments thereof. Linda Piwonka Page 12 April 9, 1990 The City attorney shall have power to appoint an assis- tant 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 assis- tants may hold office at the will of the City attorney, so long as he continues in that office. Disabled Employees Pensions and Insurance Section 39. The City Council shall have authority to provide for rules and regulations for maintaining employees when injured and disabled while performing their duties, and it may provide for such plan of insurance as it deems proper. The City Council shall also have authority to establish and to do all other proper things necessary for the effective administra- tion of a pension and retirement system for any or all groups of officers and employees on such basis as it may determine consistent with or authorized by state laws. Such system may be in cooperation with or partic- ipation in any district or state wide pension or retirement system which has been or which may be here- after authorized or established by the legislature of the State of Texas. Changes to Sections 20 and 112 should be reviewed by the Council. I do not have a strong opinion about Section 69. I believe that Section 61 should have priority. Section 69 provides: Director of Finance; Powers and Duties Section 69. Under the direction of the City Manager, the director of finance shall have charge of the admin- istration of the financial affairs of the City and to that end he shall have authority and shall be required to: (1) Supervise and be responsible for the disbursement of all monies and have control over all expendi- tures to ensure that budget appropriations are not exceeded. (2) Maintain a general accounting system for the City government and each of its offices, departments and agencies; keep books for and exercise finan- cial budgetary control over each office, depart- ment and agency, keep separate accounts for the items of appropriation contained in the City bud- get, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, Linda Piwonka Page 13 April 9, 1990 the unpaid obligations against it and the unencum- bered balance; require reports of receipts and disbursements from each receiving and spending agency of the City government to be made daily or at such intervals as he may deem expedient. (3) Submit to the City Council through the City Manager, at such times as the Council may deter- mine necessary, a statement of receipts and disbursements in sufficient detail to show the financial condition of the City. (4) Prepare, as of the end of each fiscal year, a com- plete financial statement and report. (5) Supervise and be responsible for the assessment of all property within the corporate limits of the City for taxation, make all assessments for the City government, prepare tax maps and give such notice of taxes and special assessments as may be required by law. (6) Collect all taxes, special assessments, license fees and other revenues of the City or for whose collection the City is responsible and receive all money receivable by the City from the state or federal government, or from any court, or from any office, department or agency of this City. (7) Have custody of all public funds belonging to or under the control of the City, or any office, department or agency of the City government, and deposit all funds coming into his hands in such depository or depositories as may be designated by the City Council, subject to the requirements of law in force from time to time as to the furnish- ing of bond or the deposit of securities and the payment of interest on deposits. All such interest shall be the property of the City and shall be accounted for and credited to the proper account. (8) Have custody of all investments and invested funds of the City government, or in possession of such government in a fiduciary capacity, and have the safekeeping of all bonds and notes of the City and the receipt and delivery of City bonds and notes for transfer, registration or exchange. (9) Supervise and be responsible for the purchase, storage and distribution of all supplies, materi- als, equipment and other articles used by any Linda Piwonka Page 14 April 9, 1990 office, department or agency of the City govern- ment. (10) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no expenditure shall be made. The Charter Review Committee recommended: Section 69. Under the direction of the City Manager, the director of finance shall have charge of the administration of the financial affairs of the City and to that end he shall have authority and shall be required to: (1) Supervise and be responsible for the disbursement of all monies and have control over all expenditures to ensure that budget appropria- tions are not exceeded. (2) Maintain a general accounting system for the City government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency, keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the City government to be made daily or at such intervals as he may deem expedient. (3) Submit to the City Council when the Council may determine neces- sary, a statement of receipts and disbursements in sufficient detail to show the financial condition of the City. (4) Prepare, as of the end of each fiscal year, a complete financial statement and report. (5) Prepare tax maps, notices of taxes, assessments, and special assess- ments as directed by the Citv Council, or in the event that the, Council contracts with an outside agency or agencies for the prepa- ration of tax maps. notices of taxes, assessments, or special assess-. meats, the Director of Finance shall oversee and administer said, contracts. (6) Collect all taxes, special assessments, license fees, and other rev-, enues of the City as directed bv_ the Citv Council or in the event, that the Council contracts with an outside aaencv or agencies for the collection of taxes, special assessments, license fees, or other, revenues, the Director of Finance shall oversee and administer said contracts and shall take possession of revenues collected and deliv-, ered to the Citv thereunder. Linda Piwonka Page 15 April 9, 1990 (7) Have custody of all public funds belonging to or under the control of the City, or any office, department or agency of the City govern- ment, and deposit all funds coming into his hands in such depository or depositories as may be designated by the City Council, subject to the requirements of law in force from time to time as to the furnishing of bond or the deposit of securities and the payment of interest on deposits. All such interest shall be the property of the City and shall be accounted for and credited to the proper account. (8) Act as custodian, in a fiduciary capacity, of the investments and invested funds of the Citv, safekeea all bonds and notes of the Citv, and receive and deliver Citv_ bonds and notes for transfer, reeistra- tion, or exchange. (9) Supervise and be responsible for the purchase, storage and distribu- tion of all supplies, materials, equipment and other articles used by any office, department or agency of the City government. (10) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no expenditure shall be made. CL:sr R 101CITY OF COLLEGE STATION 2 OFFICE OF THE CITY SECRETARY Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3512 M E M O R A N D U M TO: Linda Piwonka, Executive Directar anagement Services FROM. Connie Hooks, City SecretaryQr DATE: April 9, 1990 SUBJECT: Charter Revisions I contacted the Secretary of State's office and the attorney I spoke with said that a pamphlet was not published regarding the conduct of a charter election. She will research the housekeeping items such as changing he to the or 19 to ; this information may not necessarily have to be placed on the ballot. Nevertheless, she will not be able to get back with me until after the primary runoff elections. I also left a message with the publication department at the Texas Municipal League office and they have not returned my call. In regards to the cost for holding such an election, the City Secretary budget has $14,592 to cover some of the cost. As we discussed earlier, this amount may not be sufficient to cover all the cost. The voter registrar furnished me with the total number of registered voters as of March 13th, 11.941. Tomi Fry provided me with an estimated cost for printing and mailing charges as follows: $ 4,490 for printing cost (25 two sided pages). $ 7,680 for postage (.64 book rate) $ 180 for gummed labels from Brazos County $12,350 The following is a list of additional expenses that I have estimated: $ 8,694 for advertisement of election (four full pages) $ 7,000 for contract with Texas Voting Systems $ 3,400 for election workers $ 60 for additional advertisement (school and computer $19,154 testing) Page 2 Estimated costs for Option I: $31,504.00. The worst case scenario would be to publish the entire charter as amended. This is an additional cost of $2,810.00 for printing charges. Please let me know if I have left something out. These costs will at least let us know what we are looking at. As you know the next uniform election date is August 11, 1990. It is my suggestion that the staff present their final report to the Council the last meeting in May. This will allow adequate time for submission approval, preparation of the election and the mailings to all electors. Thank you. CITY OF COLLEGE STATION FINANCE DL PARTMENT Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3555 MEMORANDUM TO: RON RAGLAND, CITY MANAGER FROM: BILL HARRISON, EXECUTIVE DIRECTOR FISCAL & HUMAN RESOUR ES DATE: APRIL 6, 1990 SUBJECT: REVIEW OF FINAL REPORT, CHARTER REVIEW Finance staff have reviewed the report from the committee on recommended changes to the City Charter. In general, we concur with the changes recommended; however, we retain serious concerns on the method of handling budget amendments after the budget has been approved. Budget amendments are a routine part of the accounting process. At the end of any fiscal year, there will be items ordered from the prior year budget but not received. The next year's budget needs to be amended to provide for the expenditure of funds. We will commonly receive additional revenues during the year and have corresponding expenditures not budgeted for. As examples, donations to the parks programs for specific purposes and specific purpose grants from State or Federal funds. Both the revenue and expenditure budgets need to be amended to handle the program funded. We recommend that the Finance section of the proposed charter include language from the I.C.M.A. model charter on budget amendments after adoption: SECTION 60: AMENDMENTS AFTER ADOPTION (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 city council shall fix the time and place of a public hearing on the supplemental appropriation and shall cause to be published a notice in the official newspaper of the City of College Station of the hearing setting the time and place at least five (5) days before the date of the hearing. (2) To meet a public emergency affecting life, health, property or 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 of any 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. (4) INSERT SECTION 70. (5) No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction of transfer or appropriations authorized by this section may be made effective immediately upon adoption. LAPSE OF APPROPRIATIONS: SECTION 61: (INSERT SECTION 72 og--- 6) DELETE: "as directed by the City Council" �4V ADDITIONAL MINOR CHANGES RECOMMENDED: C� SECTION 57: From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the purposes therein named. The total proposed expenditures of the general fund and debt service fund shall not exceed the total estimated resources of each fund. SECTION 59: change "expenses" to "expenditures" in two places. SECTION 69: 1--l- (2) ADD: The classifi ation of revenue and expenditure accounts shall conform as early as local condictions will permit to the uniform clas ification as promulgated by the Governmental Accounting S andards Board or some other nationally accepted classifi ation. SUMMARY: The current charte the budget after adoption petition signed by 100 vot consider an amendment). Thi; administration of department City Council set a charter c top priority for issues at a pertaining to the amendment of is cumbersome (requiring a rs in order for council to causes problems in the proper budgets. We would urge that ange on budget amendment as a harter revision election. MEMORANDUM TO: Honorable Mayor and City Council THROUGH: Ron Ragland, City Manager 1661 FROM: Linda S. Piwonka, Executive Director Cathy Locke, City Attorney Connie Hooks, City Secretary RE: Charter Review Council Meeting of March 27, 1991 DATE: April 22, 1991 The information that you received in your council packet this week was put together in a rush to meet the deadline for Friday's packet delivery. In an effort to provide you with more condensed information, we have attached a new listing of the revisions council discussed during its meeting of March 27th. Included in the listing are comments taken from the minutes of the meeting, as well as noted additions and deletions. Also attached is the projected election schedule, and -estimated costs. (Please note there is a change on the costs due to a word processing error. The correct cost is $26,032.00) We hope that this format will summarize your discussions in a manner that will be helpful. Attachments fif- CITY OF COLLEGE STATION \ / LEGAL DEPARTMENT Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3507 M E M O R A N D U M TO: Ron Ragland, City Manager FROM: Staff Committee: Linda Piwonka, Executive Director Cathy Locke, City Attorney Connie Hooks, City Secretary Bill Harrison, Executive Director John Woody, Assistant City Manager Tom Brymer, Assistant City Manager RE: Charter Review and Recommendations DATE: April 20, 1990 The staff was asked to review the charter in February 1989. The level of detail of that review was significant. In making recom- mendations for the actual ballot, the staff, like the Charter Re- view Committee, would greatly reduce the number of changes to be brought before the public, particularly from the standpoint of the voters' attention span and the cost of the election. There are many sections of the charter that would look better with wording changes, but these are not necessary for the everyday op- eration of the organization. As well, there are several sections of the charter which are not working with the greatest of ease but on the whole it has been pretty manageable since 1983. The committee also recognized this since it prioritized those issues which it thought needed Council attention. The staff has set out the following priorities for City Council consideration: Section 24 Section 42 Section 60 Section 61 Section 70 (relocation resulting in deletion) Section 72 (relocation resulting in deletion) Section 75 Section 76 Section 131 Ron Ragland Page 2 April 20, 1990 Council consideration of Charter Review Committee recommendations on: Section 95 Section 112 Section 24 provides as follows: The City Council shall appoint an officer of the City who shall have the title of City Manager and who shall have the powers and perform the duties set forth in this charter. No Councilman shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. The salary of the City Manager shall be fixed by the City Council, and he shall hold office at its pleasure; but if he is removed at any time after six (6) months following his appointment, he may demand written charges and a public hearing thereon before the City Council prior to the date on which his final removal shall take effect, but pending such hearing the City Council may suspend him from of office. The action of the City Council in suspending or removing the City Manager shall be final, it being the inten- tion of this charter to vest all authority and fix all responsibility for such suspension or removal in the City Council. During the absence or disabil- ity of the City Manager, the City Council shall designate some properly qualified person to perform the duties of the office, except in case of his temporary absence or disability. The Charter Review Committee recommendation for Section 24 is as follows: The City Council shall appoint an officer of the City who shall have the title of City Manager and who shall have the powers and perform the du- ties set forth in this charter. No Councilman shall receive such appoint- ment during the term for which he shall have been elected, nor within one year after the expiration of his term. The salary of the City Manager shall be fixed by the City Council, and he shall hold office at its pleasure; but if he is removed at any time after six (6) months following his appointment, he may demand written charges and a public hearing thereon before the City Council prior to the date on which his final removal shall take effect, but pending such hearing the City Council may suspend him from of office. The action of the City Council in suspending or removing the City Manager shall be final, it being the inten- tion of this charter to vest all authority and fix all responsibility for such suspension or removal in the City Council. Ron Ragland Page 3 April 20, 1990 The staff recommendation was the same as the Charter Review Com- mittee. Section 42 provides as follows: To perform his duties during his temporary absence or disability, the Mayor may designate, by letter filed with the City Secretary, a qualified administrative officer of the City to serve for the City Manager. The Charter Review Committee recommendation for Section 42 is as follows: By letter filed with the Citv Secretary. the Citv Manager shall designate, subiect to the approval of the City Council, a qualified Citv administrative officer to exercise the powers and perform the duties of City_ Manager during the Citv Manager's temporary absence or disability. The City Council may revoke such designation at anv time and appoint another offi- cer of the Citv to serve until the Citv_ Mana_ger's return or his disability shall cease. Previous recommendations of the staff are in agreement with the proposals for change recommended by the Committee. Those propos- als for change included deletion and reliance upon Section 24 or a change to Section 42 as follows: Concernina out of town business. illness and vacation the Citv Manaaer may be deleaated authoritv to desiq- nate an individual to serve in the absence of the Citv Manaaer. Section 60 currently provides: The total estimated expenditures of the general fund and debt fund shall not ex- ceed the total estimated resources of each fund. The classification of revenue and expenditure accounts shall conform as nearly as local conditions will permit to the uniform classification as promulgated by the National Committee on Municipal Accounting, or some other nationally accepted classification. The Charter Review Committee did not recommend any changes. The staff recommendation was as follows: The second sentence of the section should be changed to read: "The classification of revenue and expenditure accounts shall conform as nearly as local conditions will Ron Ragland Page 4 April 20, 1990 permit to the uniform classification as promulgated by the Governmental Accounting Standards Board, or some other nationally accepted classification," since the National Committee on Municipal Accounting no longer exists. The staff also recommended that the following amendments be added to Section 60: (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 Coun- cil, by ordinance, may make supplemental appropriations for the year up to the amount of such excess. Before approval, the City Council shall fix the time and place of a public hearing on the supplemental appropriation and shall cause to be published a notice in the offi- cial newspaper of the City of College Station ,of the hearing setting the time and place at least five (5) working days before the date of the hearing. (2) To meet a public emergency affecting life, health and property or the public peace, the City Council may make emergency appropriations. Such appropri- ations 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 of any 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 proba- ble to the City Manager that the revenues or fund bal- ances available will be insufficient to meet the amounts appropriated, he shall report to the City Coun- cil 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 appro- priations. (4) The City Manager may at any time transfer any unencum- bered appropriation balance or portion thereof between general classifications of expenditures within an of- Ron Ragland Page 5 April 20, 1990 fice, department or agency. At the request of the City Manager, the City Council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. (5) No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction of transfer or appropriations authorized by this section may be made effective immediately upon adoption. It is recommended that the staff recommendation be followed be- cause of the flexibility it allows the Council. By way of exam- ple, the staff proposal would allow the amendment of the budget if the City were to receive a large sum of cash even if no emer- gency was associated with the desire to make an expenditure. The Charter Review Committee did not recommend any changes on the following sections. Section 61 currently provides: The City budget may be amended and appropriations altered in cases of grave public necessity, the actual fact of which shall have been certified to in writing by not less than one hundred (100) resident qualified voters owning real property within the corporate limits of the City which has been personally rendered for cur- rent City taxes. The staff would recommend: All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or law- fully encumbered. Section 70 currently provides: The City Manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the City Manager, the City Council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. Ron Ragland Page 6 April 20, 1990 The staff would recommend the deletion of Section 70 with its re- location to Section 60, paragraph (4). Section 72 currently provides: All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. The staff would recommend the deletion of Section 72 as it is now duplicated in Section 61. Section 75 of the Charter currently provides: The Director of Finance shall have authority to make expenditures without the approval of the City Council for all budgeted items not exceeding $5,000, or such amount as shall be provided by Article 2368a, as amended from time to time. Any expenditure involving more than such amount must be expressly approved in advance by the City Council. Where an expenditure of more than such amount is involved, notice of the time and place when and where such contract shall be let shall be pub- lished in a newspaper in the City of College Station once a week for two consecutive weeks prior to the time of making such purchase or letting such contract, the time of the first publication to be at least fourteen (14) days prior to the time for making such purchase or letting such contract; provided, however, that the City Council shall have the right to reject any and all bids. All contracts and purchases shall be handled so as to obtain the best value for the City, with bids or quotes solicited whenever practica- ble. Nothing herein shall apply to a contract for personal or professional services or to work done by the City and paid for by the day or as such work progresses. The Charter Review Committee recommended as follows: The Director of Finance shall have authority to make expenditures with- out the approval of the City Council for all budgeted items not exceeding $10.000. or such amount as shall be provided by Texas Local Govern- ment Code Section 252.021 (Vernon 1988), as amended from time to time. Any expenditure involving more than such amount must be expressly ap- proved in advance by the City Council. Where an expenditure of more than such amount is involved, notice of the time and place when and where such contract shall be let shall be published in the official news- oaner in the City of Colleae Station once a week for two consecutive weeks prior to the time of making such purchase or lettina such contract. The time of the first publication shall be at least fourteen (14) days prior Ron Ragland Page 7 April 20, 1990 to the time for maldng such purchase or letting such contract; provided, however, that the City Council shall have the right to reject any and all bids. All contracts and purchases shall be handled so as to obtain the best value for the City, with bids or quotes solicited whenever practica- ble. Nothing herein shall apply to a contract which is exempted under Texas Local Government Code. Section 252.022 (Vernon 1988). as amended. The staff recommended the changes made but is concerned that it may be interpreted too strictly and would recommend a simpler provision. There is particular concern that a narrow construc- tion might be made with regard to Local Government Code Section 252.022, General Exemptions, which provides: (A) This chapter does not apply to an expenditure for: (1) a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the mu- nicipality; (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents; (3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other property; (4) a procurement for personal or professional ser- vices; (5) a procurement for work that is performed and paid for by the day as the work progresses; (6)' a purchase of land or right-of-way; (7) a procurement of items that are available from only one source, including: (a) items that are available from only one source because of patents, copyrights, se- cret processes, or natural monopolies; (b) films, manuscripts, or books; (c) electricity, gas, water, and other utility services; Ron Ragland Page 8 April 20, 1990 (d) captive replacement parts or components of equipment; and (e) books, papers, and other library materials for a public library that are available only from the persons holding exclusive distri- bution rights to the materials; (8) a purchase of rare books, papers, and other li- brary materials for a public library; (9) paving drainage, street widening, and other pub- lic improvements, or related matters, if a least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; and (10) a public improvement project, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters. It was recently realized that the there was an assumption that the charter provisions are controlled by the statute, while in this case the opposite is true. Again, it is recommended that the Council should move to simplify this provision to make cer- tain that the City is getting all of the advantages of the Local Government Code that currently exist or may exist in the future. That is, it is recommended to the Council that it make certain that the failure to include something from the Code does not get interpreted as intent to not follow unmentioned sections of the Local Government Code. Simplification will mean that this sec- tion does not need to be changed every time there is a charter review. The staff would recommend that Section 75 be proposed to provide: The City shall make expenditures pursuant to the require- ments of Local Government Code Chapter 252 (Vernon 1988), as amended from time to time. Section 76 currently reads: Any City improvement costing more than $5,000, or such amount as shall be provided by Article 2368a, as amended from time to time, shall be exe- Ron Ragland Page 9 April 20, 1990 cuted by contract except for such improvements as authorized by the City Council to be executed directly by a City department in conformity with detailed plans, specifications and estimates. All such contracts for $5,000 or more shall be awarded to the lowest responsible bidder after such pub- lic notice and competition as may be prescribed by ordinance, provided the City Council shall have the power to reject all bids and advertise again. Alterations or change orders may be made or approved by the City Man- ager, provided such alterations do not increase the costs to the City more than ten (10) percent of the original amounts. Any changes in excess of such ten (10) percent shall be approved by the City Council. The Charter Review Committee proposes that it provide: Any City improvement costing more than $10.000. or such amount as shall be provided by Local Government Code. Section 252.021 (Vernon 1988), as amended from time to time, shall be executed by contract except for such improvements as authorized by the City Council to be executed, di- rectly by a City department in conformity with detailed plans, specifications and estimates. All such contracts for $10.000 or more shall be awarded to the lowest responsible bidder by the Citv after such notice, provided that, City Council shall have the power to reiect any and all bids and advertise, again. Alterations or change orders may be made or approved as pro- vided by Texas Local Government Code. Section 252.048 (Vernon 1988). as amended. The staff committee now believes that it would be easier to sim- ply provide: Expenditures for City improvements shall be made pur- suant to Local Government Code Chapter 252 (Vernon 1988), as amended from time to time. Charter Section 95 currently provides: 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 with the Mayor at least Thirty (30) days prior to the date of election a sworn application in substantially the following form: "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 elec- tion. 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) Ron Ragland Page 10 April 20, 1990 year. I am not in arrears in the payment of any taxes or liability due the City, nor am I other vise disqualified or ineligible to serve on the City Council if elected. I reside at , Precinct College Station, Texas. Signed The Charter Review Committee recommends: 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 with the City Secretary at least forty-five (45) days prior to the date of election a sworn application in substantially the following form: "I, , do hereby certify that I am a candidate for the office of , and request that my name be printed upon the official ballot of that particular office in the next City election. I am aware of and agree to abide by the nepotism law. Tex. Rev. Civ. Stat. Ann., arts. 5996a - 5996g. as amended. 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 in arrears in the payment of any taxes or liability due the City, nor am I other vise dis- qualified or ineligible to serve on the City Council if elected. I reside at , Precinct College Station, Texas. Signed The staff recommendation is pretty closely followed by the Char- ter Review Committee. Whether the petition requirement should be retained or proposed for deletion should be a Council decision. There are varying viewpoints on the benefits of such a require- ment. Charter Section 112 currently provides: The recall petition to be effective must be returned and filed with the City Secre- tary within Thirty (30) days after the filing of the affidavit required in Section 111 of this Article and it must be signed by qualified electors of the City, equal in num- ber to at least fifty-one percent (51 %) of the total number of votes cast for the office in question at the last regular municipal election, at which City Councilmen were elected; provided however that in the case of the recall of the Mayor or other Councilmen, the petition shall contain the signatures of at least Forty per- Ron Ragland Page 11 April 20, 1990 cent (40%) of the qualified electors of the City and shall conform to the provisions of Section 101 of this Article. No petition papers shall be accepted as part of a petition unless they bear the signature of the City Secretary as required in Sec- tion 111 of this Article. The Charter Review Committee recommended as follows: The recall petition to be effective must be returned and filed with the City Secre- tary within Thirty (30) days after the filing of the affidavit required in Section 111 of this Article and it must be signed byy qualified electors of the City, equal in number to at least Fortv 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: and shall conform to the provisions of Section 101 of this Article. No petition papers shall be accepted as part of a petition unless they bear the signature of the City Secretary as required in Section 111 of this Article. The Council will need to consider how it wishes to place this item on the ballot. Charter Section 131 currently provides: Section 131. No member of the City Council or any officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested directly or indirectly in the sale to the City of any land materials, supplies or services except on behalf of the City as an officer or employee; provided, however, that the provisions of this section shall only be applicable when the stock owned by the officer or employee exceeds one (1) percent of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any offi- cer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the con- tract voidable by the City Council or City Manager. The Charter Review Committee proposed: Section 131. No member of the City Council or any officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested directly or indirectly in the sale to the City of any land materials, supplies or services except on behalf of the City as an offi- cer or employee; provided, however, that the provisions of this section shall only be a plicable when the stock owned by the officer or employee exceeds one (1� percent of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit his office or Ron Ragland Page 12 April 20, 1990 position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the contract voidable by the City Council or City Manager. An emn_ lov_ ee of the Citv immediatelv forfeits emplovment with the Citv if: (1) the emplovee becomes a candidate for election to the College Station Citv Council; (2) the emplovee becomes a candidate for nomination or election to an elective public office where the holding of that office will conflict with the full and proper dis- charge of the emplovee's duties with the City. or (3) a managerial or supervisory exempt employee be- comes n candidate for nomination or election to an elective public office of an entitv having contractual relations with the Citv that would involve the em- ployee's department. The recommendation of the Charter Review Committee follows the staff recommendation. CL:sr fi'- gl#fl� §4 CITY OF COLLEGE STATION `/ OFFICE OF THE CITY SECRETARY Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3512 M E M O R A N D U M TO: Linda Piwonka, Executive Director Management Services FROM: Connie Hooks, City Secretar36e DATE: April 19, 1990 SUBJECT: Charter Revisions In regards to the costs for holding a Charter Election, the City Secretary Budget has $14,592. As we discussed earlier, this amount is not sufficient to cover all of the costs. As of April 18, 1990, the number of registered voters in College Station is 27,875. Tomi Fry provided me with an estimated cost for printing and mailing charges as follows: $ 5,000 for printing cost (7 two sided pages). $ 470 for postage (.0167 bulk rate) $ 420 for gummed address labels from Brazos County $ 5,890 The following is a list of additional expenses that I have estimated: $ 5,655 for advertisement of election (published twice) $ 7,000 for contract with Texas 'Voting Systems $ 3,400 for election workers $ 60 for additional advertisement (school and computer $16,115 testing) Estimated costs total $22,005. Tomi Fry informed me that it will take approximately 90 hours (2 weeks or more) to copy the charter. Also, approximately one week will have to be allowed for staff to fold, staple and sort 28,000 copies for mailing. Linda Piwonka Page 2 April 19, 1990 To publish the entire charter as amended would cost an additional $3,000 for printing. Another cost for election services may arise if the ballot is longer than 12 pages because additional voting machines are required. Please let me know if I have forgotten an item. These costs will give us some idea of what we will need to conduct a separate Charter election. Thank you. i. iew:.. I1.: —„JI.I hd IN, A. 7,-:,•...11112ff'A.... i.A\'./, 1.. 1 1— r 1 .11. i. � .. — • Review the Charter regarding application to current operations. • Review top ranked changes from Citizen Charter Committee. • Identify key procedures/requirements/ costs for Charter election. • Develop alternative Charter election schedules. , ..., . ... -.. POINTS OF CONCERN • When can you hold a charter election? August 10,1991 January 18,1992 May 2,1992 • Required notice to Attorney General and justice Department 60 to 90 days • Must list every change to charter on bal- lot in English and Spanish. If ballot is longer than twelve (12) pages it will re- quire two (2) booths. • Required notice to voters? 30 days prior to election date ,§� Notice To Voters • Printin Cost (7 two-sided pages) Posta __ e 0198 each Bulk Rate) • Mailing Labels Estimated Total for Notification Election Costs ------------ • Advertising • Contract - Texas Voting Systems • Election Workers Estimated Total for Election Costs Total Estimated Costs $4,440.00 500.00 420.00 $5,360.00 $6,100.00 7/000.00 3,400.00 $16,500.00 $2119'60-00 �t7� �Z� * Estimated based on current 25,215 registered voters. ' SCHEDULE OF EVENTS AUGUST 1991 ELECTION April 25,1991 Call Election Legal Notice Ordinance May 10,1991 Development/Printing June 12,1991 Of Notice To Voters (6 weeks) July 10,1991 Mail Notice To Voters August 10,1991 Election Day SCHEDULE OF EVENTS JANUARY 1992 ELECTION September 26,1991 Call Election Legal Notice Ordinance October 11,1991 Development/Printing November 11,1991 Of Notice To Voters (6 weeks) December 20,1991 Mail Notice To Voters January 18,1992 Election Day SCHEDULE OF EVENTS MAY 1992 ELECTION January 9,1992 Call Election Legal Notice Ordinance January 24,1992 Development/Printing February 24,1992 Of Notice To Voters (6 weeks) April 2,1992 Mail Notice To Voters May 2,1992 Election Day at -Ile Director of Finance; Powers and Duties Section 69. Under the direction of the city manager, the director of finance shall have charge of the administration of the financial affairs of the city and to that end he shall have authority and shall be regiured to: (1) Supervise and be responsible for the disbursement of all monies and have control over all expenditures to ensure that budget appropriations are not exceeded. (2) Maintain a general accounting system for the city government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, depaztment and agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the city government to be made daily or at such intervals as he may deem expedient. (3) Submit to the city council through the arty manager, at such timee as when the council may determine necessary, a statement of receipts and disbursements in sufficient detail to show the, financial condition of the city. (4) Prepare, as of the end of each fiscal year, a complete financial statement and report. (s) reen"f- govemment,--prepare--tax--maps--end--gam - 6ueh--notio&--of- -taxes---and---speeial asses6ments-as--may--be-rewired-b}44,aw, Prepare tax mans, notices of taxes, assessments. and special assessments as duected by the Citv Council. or in the event that the Council contracts with an outside aaencv or agencies for the preparation of tax mans. notices of taxes. assessments, or special assessments. the Director of Finance shall oversee and administer said contracts, (6) Collet-,all-taxes-,--special--assessments;- kc�enfie -fees -ate--other-r�t�es-cif the--eit3�-or-�'©r--�vhese--oelleetl on--the--pit}-ls--respene�e-artc�--resolve--all-i�tey reaeivable-by-the-eity-from- -the -state -or-466,lmI19ova or--atny-©ffiee,-tieparent-or-agen oy-df-��-oity� Collect all taxes. special assessments. license fees. and other revenues of the. City as diroMed by the ,City CouncOor in the event that the Council contracts with an outside aaencvcr—.,fa ne cies for the collection of taxes, special assessments. license fees. or other revenues. the Director of F"mance shah oversee and administer said contracts and shall take possession of revenues collected and delivered to the Citv thereund:r. (7) Have custody of all public funds belonging to or under the control of the city, or any office, department or agency of the city government, and deposit all funds coming into his hands in such depository or depositories as may be designated by the city council, subject to the requirements of law in force from time to time as. to the furnishing of bond cr the deposit of securities and the City Council Workshop Meeting Page 9 Wednesday, March 27, 1991 Section 18 - Number. Selection, Term of the City Council Mayor Ringer read the changes recommended by the Committee. He stated that these changes are not significant but that it will be considered as part of the ballot if space is available. Section 20 - Comioensation of Members The committee did not make any changes. Councilman Gardner stated that he believes that the Councilmembers should receive compensation. Other councilmembers felt that the timing of this idea is not appropriate. Mayor Ringer referred back to Section 18. Councilman McIlhaney proposed that the terms of office extend to three year ter-ns. The council expressed some . uncertainty about this item, but agreed to look into this further. Section 30 - Citv Attornev The council felt these changes were not significant. Councilman Crouch stated that the gender terms could be changed under one proposition on the ballot, if this is legal. Section 39 - Disabled Emnlovees Pensions and Insurance The Charter Review Committee recommended deletion of this section. The council decided that this section has no impact on the city; therefore it should remain. Councilman Crouch stated that the entire charter should be revised now, in order that it will not have to be done in the future. City Manager Ragland pointed out to the Council that they should be aware that they may have to educate and explain the questions that will arise if several sections in the Charter are deleted, even if there is no impact. Section 36 - Investiaation by City Council City Manager Ragland stated that this section defines the power of the council to make investigations. He also referenced the section entitled Powers. Section 69 - Director of Finance: Powers and Duties Mayor Ringer stated that the revision relates to the transfer of collection procedures to the Brazos County Tax office. The council decided to look at this section at greater length in the future. City Council Workshop Meeting Wednesday, March 27, 1991 Page 10 Mayor Ringer noted that the Charter Review Committee has made many changes, most of which are housekeeping items. City Manager Ragland mentioned that the City of Bryan may begin the charter review process and they have extended an invitation for the council to attend an informational meeting at the City of Bryan. The council concurred. Agenda Item No. S - Council Concerns. Councilman Gardner mentioned that request for proposals for the streetscape plan was published fourteen times in the newspaper. Councilman Schneider asked staff to present an update on the cemetery renovations. Councilman McDhaney mentioned that the Cemetery Committee recently met and discussed this issue. The committee recommended that the staff prepare a decision package request for the cemetery renovations. The council will review this during the budget process. Agenda Item No. 6 - City Manager Concerns. City Manager Ragland reported that the TML Annual Conference is June 21-23, 1991. He read several dates for the next visionary leadership workshop session; June 28-29 or July 11-12, 12-13. Mayor Ringer asked staff to prepare a memo to the councilmembers who are absent concerning these dates. Mr. Ragland also reported that the City of Round Rock has extended an invitation for the council to attend a workshop with Mr. John Carver. He presented the draft Comprehensive Annual Financial Report. A presentation will be made at the regular meeting. Agenda Item No. 7 - Adiourn. Mayor Ringer adjourned the meeting at 6:40 p.m. A EST: City Secretary Connie Hooks APPROVED: May d �Y APPROVED:* (�� CHARTER REVISIONS REVIEWED BY CITY COUNCIL ON MARCH 27, 1991 Section 24 - Ammintment and Removal of City Manager The City Council shall appoint an officer of the City who shall have the title of City Manager and who shall have the powers and perform the dudes set forth in this charter. No Councilman shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. The salary of the City Manager shall be fixed by the City Council, and he shall hold office at its pleasure but if he is removed at any time after six (6) months following his appointment, he may demand written charges and a public hearing shall take effect, but pending such hearing the City Council may suspend him from office. The action of the City Council in suspending or removing the City Manager shall be final, it being the intention of this charter to vest all authority and fix all responsibility, for such suspension or removal in the City Council. lrg-tke-absot�cot=sabil-of-tlte-Maag�r; {ham-Coortsib-shall-dcfs}gnatse s-progordy gxal-parses-c� Morn}-t#n-dtie� e€ t-©ffi�,- ese ease-e€��e-ntpera�-alisF.nr�-©r-duty: . Section 42 - Absence of Cttv Manager To perform his duties during his temporary leave of absence or disability, the Mayor may designate, by letter filed with the City Secretary, a qualified administrative officer of the City to serve for the City Manager. Concerning out of town business, illness, or vacation the City Manager may be delegated authority to designate an individual to serve in the absence of the City Manager. Section 60 - Estimated Emendittues Shall not Exceed Estimated Resources The total estimated expenditures of the general fund and debt fund shall not exceed the total estimated resources of each fund. The classification of revenue and expenditure accounts shall conform as nearly as local conditions will permit to the uniform classification as promulgated by the Governmental Accounting Standards Board, or some other nationally accepted classification. (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 fix the time and place of a public hearing on the supplemental appropriation and shall cause to be published a notice in the official newspaper of the City of College Station of the hearing setting the time and place at least five (5) working days before the date of the hearing. (2) To meet a public emergency affecting life, health and property or 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 of any 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. (4) The City Manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the City Manager, the City Council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. (5) No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction of transfer or appropriations authorized by this section may be made effective immediately upon adoption. Section 61 - Emeraencv Annr p*dons All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. Section 70 -Transfers of . jmrovrUtions (repealed) Section 72 - Lance of ApDronriations (repealed) Section 75 - Purchase Procedure (repealed) Section 76 - Contracts Expenditures for City improvements shall be made pursuant to Local Government Code Chapter 252 (Vernon 1988), as amended from time to time. All contracts and purchases shall be handled so as to obtain the best value for the city, with bids or quotes solicited whenever practicable. 1 Section 95 - How to Get Name on Ballot "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 with the City Secretary at least forty-five (45) days prior to the date of election a sworn application in substantially the following form:..." Section 112 - Recall Petitions The recall petition to be effective must be returned and filed with the City Secretary within Thirty (30) days after the filing of the affidavit required in Section 111 of this Article and it must be signed by qualified electors of the City, equal in number to at least 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; and to conform to the provisions of Section 101 of this Article. No petition papers shall be accepted as part of a petition unless they bear the signature of the City Secretary as required in Section 111 of this Article. Section 131 - Personal Interest No member of the City Council or any officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financial interested directly or indirectly in the sale to the City of any land materials, supplies, or services except on behalf of the City as an officer or employee; provided, however, that the provisions of this section shall only be applicable when the stock owned by the office or employee exceeds one (1) percent of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the contract voidable by the City Council or City Manager. An employee of the City immediately forfeits employment with the City if: (1) the employee becomes a candidate for the election to the College Station City Council (2) the employee becomes a candidate for nomination or election to an elective public office where the holding of that office will conflict with the full and proper discharge of the employee's duties with the City. 1 As a result of a recent incident the City Attorney recommends the continued inclusion of all contracts and purchases shall be handled so as to obtain the best value for the city, with bids or quotes solicited whenever practicable. -5- ARTICLE III THE CrI Y COUNCIL Number, Selection, Terns Section 18. The City Council shall be composed of the Mayor and six (6) councilmen and-s1a11 be-ow�t asiy-��€-Collegeat1e" (a) The Mayor and other members of the Cite Council shall be elected from the City at large. Eb)-'fie--114ayc� -shall--be--the--pn:siding--©ffiaer-o€-�e-csity--eonna�-and--shall--be reoogn3se�as-fie-dead-of-tl�e--elty-gays�n�ent-�©r-all-oeremoniad-?p�posee-and by--�e--�►ovara©r--€or--purpeses--©€--militate.-lawn-lit �haII--ha�we--rya--�egulaf edn�s�at�a-tlu�es--�'he-#layc�-shail--be-e���led-to-�te-oa-a�l--ntattem-�nde� oonsWe�on-by-the- airy ga Qil, ,�{e) ffl In each even numbered year three councilmen and a Mayor shall be� elected, and in each odd numbered year three councilmen shall be elected. (d) fgj The Mayor and each councilman shall hold office for a period of two years until his successor is elected and qualified. All elections shall be held in the manner provided in Article IX of this Charter. _ (a) M No person shall be deemed elected to an office unless that person receives at least thirty-four percent of the votes cast for all the candidates for such office. In the event that no candidate receives at least arty -four percent of all votes cast for all of the candidates for such office, the Ctity Council shall, on the first day following the completion of official count of the ballots cast at the first election, issue a call for a second election to be held within thirty daps following the issue of such call, at which eloction the two candidates receiving the highest number of votes for any office hi the first election in which no one was elected by receiving at least thirty four percent of all votes cast for all candidates for such office shall again be voted for. QuaUcations Section 19. The Mayor and councilmen shalt be citizens of the United States of America and qualified voters of the State of Texas; 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 in arrears in the paying of any taxes or other liability due the City, for a period of Ninety (90) days, nor 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 of a 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. -19- payment of interest on deposits. All such interest shall be the property of the city and shall be accounted for and credited to the proper account. (8) Have -oustody-of-c4-L9veetmertW-en&4nvesled-funds-c4-the -co ity-govan�en� or - 4n- - pos secs fort-- of - -s u e h - -government- - inv - a- - fi du oiary - e a pao ity, --and --Dave- - the safekeeping -of -all 4xn�--and -motes--o€-the-eity--and-the--receipt--of oity-bonds-w d rotes- for A ns€er,-registrations=ems angel Act as custodim in a fldmolm capacity. of the investments and invested fim of the City, safekeqg_all bonds az�Lpotes of the City,. artd receive and delivel Citv bonds and notes for transfer, reaistration, or exchanae, (9) Supervise and be responsible for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the city government. (10). Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no expenditure shall be made. Transfers of Appropriations Section 70. The city manager may at any tune transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the city manager, the city council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. Acc=tIng, Supervision And Control Section 71. The director of finance shall have power and shall be required to: (1) Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the city government. (2) Examine and approve all contracts, orders and other documents by which the city government incurs financial obligations, having previously ascertained that moneys have been appropriated and allotted and will be available when the obligations shall became clue and payable. (3) Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the city government, and with the advice of the city attorney determine the regularity, legality and correctness of such claims, demands or charges. (4) Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department or agency of the city government apart from or subsidiary to the accounts kept in his office. Lapse of Appropriations - Section 72. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. j City Council Workshop Meeting Page 3 Wednesday, April 24, 1991 Councilman Birdwell asked if the insurance problem had been resolved. Mr. Norton replied that he is in the process of checking with the county's insurers, but it has not been documented. Councilman McIlhaney questioned why Sebesta Road was not included on the maintenance list. Mr. Norton replied that the list does not include road improvements. Mr. Norton mentioned that one street was inadvertently deleted from the list, Dowling Rd. to 2818. Mr. Birdwell mentioned that he did not realize that 1550 feet of Dowling Rd. was in the city limits. He questioned the length of Linda Lane compared to Pamela Lane and Marcy Lane. Councilman Crouch mentioned that the county will do the work including but not limited to the cost of materials but excluding the cost of labor. She asked for clarification. Mr. Norton replied that county will provide labor and equipment. Mr. Birdwell pointed out that the county wa11 complete the work for the cost of the material. City Manager Ragland pointed out that the interlocal agreement establishes a working relationship between the city and county for maintenance of these particular roads. He emphasized that a separate agreement will be made for each project that requires improvement. Agenda Item No. 4 - AoDroval of Charter revisions. Mayor Ringer noted that the charter cannot be renumbered, but a deleted section can show that it has been repealed. Councilman Crouch stated that each item that requires a gender change would also have to be placed on the ballot. The ballot would read each section as written and also read as amended. It must also be written in English and Spanish. Section 18 - Number. Selection, Term Councilman Birdwell made a motion to keep the provision as written in the current charter stating that the council terms remain two years. Councilman Brown seconded the motion. Councilman McIlhaney stated that she favors three year terms. She added that more people will be given an opportunity to become involved. Councilman Schneider stated that he is in favor of three year terms. The vote was taken to leave the terms of office at two year terms. The motion carried by a vote of 4-2, Councilman McIlhaney and Councilman Schneider against. City Council Workshop Meeting Page 4 Wednesday, April 24, 1991 Councilman Birdwell made another motion to change Section 18 (e) to require a majority vote. He explained why he favors a change. The motion was seconded by Councilman Crouch. Discussion was held regarding a runoff election. The motion failed by a vote of 1-5, Councilman Birdwell voting in favor of the motion. This section remained the same. Section 20 - Compensation of Members., No change was made to this section. Section 24 - Appointment and Removal of Citv Manaaer.. The last sentence was deleted. The City Council shall appoint an officer of the City who shall have the title of City Manager and who shall have the powers and perform the duties set forth in this charter. No Councilman shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. The salary of the City Manager shall be fixed by the City Council, and he shall hold office at its pleasure but if he is removed at any time after six (6) months following his appointment, he may demand written charges and a public hearing thereon before the city council prior to the date on which his final removal shall take effect, but pending such hearing the City Council may suspend him from office. The action of the City Council in suspending or removing the City Manager shall be final, it bem the intention of this charter to vest all authority and fix all responsibility for such suspension or removal in the City Council. lr-e-absece-o-disai-©fie-C A�,aager,-#h�i} Co�rnc��-s��ll-deeig�a#e-s��e-�roperly-�a�f�ed-�ersc�-to-per�'o-tl�e-d�tee-e#' the-e€fiae;-ex�#-�-ease-o€-ltis-tempora�ebsenee-©r-disabili#y: Section 42 - Absence of Citv Manacser The council added the word leave to the first sentence for clarification and added the last sentence at the staffs recommendation. To perform his duties during his temporary leave of absence or disability, the Mayor may designate, by letter filed with the City Secretary, a qualified administrative officer of the City to serve for the City Manager. Concernina out of town business. illness. or vacation the City Manager may be delegated authoritv to designate an individual to serve in the absence of the City Manager. Section 60 - Estimated Expenditures shall not exceed Estimated Resources, Staff added several sections. City Council Workshop Meeting Page 5 Wednesday, April 24, 1991 The total estimated expenditures of the general fund and debt fund shall not exceed the total estimated resources of each fund. The classification of revenue and expenditure accounts shall conform as nearly as local conditions will permit to the uniform classification as promulgated by the Governmental Accountinq Standards Board, or some other nationally accepted classification. (1) If during the fiscal vear the Citv Manaaer certifies that there are available, for appropriation revenues in excess of those estimated in the budget. the City, Council, by ordinance, mav make supplemental aupropriations for the year uo to the amount of such excess. Before approval, the Council shall fix the time and place of a p ublic hearing on the supplemental appropriation and shall cause to be published a notice in the official newspaper of the Citv of Colleae Station of the hearina settina the time and place at least five (5) workina days before the, date of the hearina. (2) To meet a public emeraencv aff'ectina life, health and property of the public peace, the Citv Council mav make emeraencv appropriations. Such appropriations mav be made by emeraencv ordinance. To the extent that there, are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the Council mav by such emeraenc ordinance authorize the issuance of emeraencv notes, which mav be renewe from time to time. but the emeraency notes and renewals of anv fiscal vear shall be paid not later than. the last day of the fiscal vear next succeedina that in which the emeraencv appropriation was made. (3) If at anv time during the fiscal vear it appears probable to the Cfty Manaaer thhat the revenues or fund balances available will be insufficient to meet the. amounts appropriated, he shall report to the Citv Council without delay, indicatina the estimated amount of the deficit, anv 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 anv, deficit and for that pumose it mav by ordinance reduce one or more appropriations. (4) The Citv Manaaer mav at any time transfer anv unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department, or aaencv. At the reauest of the Citv Manaaer, the Citv Council mav by resolution transfer anv unencumbered, appropriation balance or portion thereof from one office, department or aaencv to another. (5) No appropriation for debt service mav be reduced or transferred, and no, aopromiation mav be reduced below anv amount reauired by law to be appropriated or by more than the amount of the unencumbered balance thereof., The supplemental and emeraencv appropriations and reduction of transfer of appropriations authorized by this section mav be made effective immediately upon adoption. Section 61 - Emeraencv Appropriations City Council Workshop Meeting Page 6 Wednesday, April 24, 1991 Council concurred with staff change. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. Section 69 - Director of Finance: Power and Duties, Councilman Birdwell moved to adopt the committee's revisions to this section. The motion was seconded by Councilman Schneider which carried unanimously. Under the direction of the city manager, the director of finance shall have charge of the administration of the financial affairs of the city and to that end he shall have authority and shall be required to: (1) Supervise and be responsible for the disbursement of all monies and have control over all expenditures to ensure that budget appropriations are not exceeded. (2) Maintain a general accounting system for the city government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the city budget; each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the city government to be made daily or at such intervals as he may deem expedient. (3) Submit to the city council through the city manager, at such times as the council may determine necessary, a statement of receipts and disbursements in sufficient detail to show the financial condition of the city. (4) Prepare, as of the end of each fiscal year, a complete financial statement and report. (5) Supervise and be responsible for the assessment of all property within the corporate limits of the city for taxation, make all assessments for the city government, prepare tax maps and give such notice of taxes and special assessments as may be required by law. (6) Have custody of all public funds belonging to or under the control of the city, of any office, department or agency of the city government, and deposit all funds coming into his hands in such depository or depositories as may be designated by the city council, subject to the requirements of law in force from time to time as to finishing of bond or the deposit of securities and the payment of interest on deposits. All such interest shall be the property of the city and shall be accounted for and credited to the proper account. (7) Have custody of all investments and invested funds of the city government, or in possession of such government in a fiduciary capacity, and have the safekeeping of all bonds and notes of the city and the receipt and delivery of city bonds and notes for transfer, registration or exchange. (8) Supervise and be responsible for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the city government. (9) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no expenditure shall be made. City Council Workshop Meeting Wednesday, April 24, 1991 Section 70 - Transfer of Appropriations Repealed Section 72 - Lapse of ADuromiations Repealed Section 75 - Purchase Procedures Page 7 The City shall make expenditures pursuant to the requirements of Local Government Code Chapter 252 (Vernon 1988), as amended from time to time. All contracts and purchases shall be handled so as to obtain the best value for the city, with bids or quotes solicited whenever practicable. Section 76 - Contracts Expenditures for City improvements shall be made pursuant to Local Government Code Chapter 252 (Vernon 1988), as amended from time to time. All contracts and purchases shall be handled so as to obtain the best value for the city, with bids or quotes solicited whenever practicable. Section 95 - How to Get Name on Ballot Council eliminated the petition requirement. 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 may by filing with they -at least -tom-{ Secretary at least fortv-five (45), days prior to the date of election a sworn application in substantially the following form: 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 bonafide resident of the City of College Station, Texas for at least one (1) year. I am not in arrears in the payment of any taxes or liability due the City, nor am I otherwise disqualified or ineligible to serve on the City Council if elected. I reside at , Precinct Signed Section 112 - Recall Petitions , College Station, Texas. The recall petition to be effective must be returned and filed with the City Secretary within thirty (30) days after the filing of the affidavit required in Section 111 of this Article and it must be signed by qualified electors of the City equal in City Council Workshop Meeting Page 8 Wednesday, April 24, 1991 number to at least forty percent (40%) of the total number of votes cast for the office in question at the last regular municipal election at which eky-eeunegmen were-eleeted;-pr©vided h&weve that-in"-#he-ease-.ef-the-.reeaR-®€-the-mayor-er athenaatx�ailmert;-#he`-pe#iti�-e�all-c�©rtta�r the-sic,�a#ures-ef a�t4eae#-#©ray percent- 4044-ofthe-gdah€ied-elee4ore-e€-the-City and -shah the office in question was filled; and to conform to the provisions of Section 101 of this Article. No petition papers shall be accepted as part of the petition unless they bear the signatures of the City Secretary as required in Section 111 of this Article. Council accepted staffs changes. Councilman Birdwell discussed Section 8, Change of Ward Boundaries, and Section 39, Disabled Employees, Pensions and Insurance. No changes were made. Section 131 - Personal Interest. Councilman Birdwell moved to delete section 2 of the proposed change and ask staff to look at the personnel policy manual for further clarification. The motion was seconded by Councilman Brown. The motion carried unanimously, 6-0. No member of the City Council or any officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financial interested directly or indirectly in the sale to the City of any land, materials, supplies or services except on behalf of the City as an officer or employee; provided, however, that the provisions of this section shall only be applicable when the stock owned by the officer or employee exceeds one (1) percent of the total capital stock of the corporation. Any willful violation of this section constitute malfeasance in office any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the contract voidable by the City Council or City Manager. An emr)lovee of the Citv immediately forfeits emplovment with the city if. (1) the employee becomes a candidate for the election to the Colleae Station Citv Council. (g)-the-empleyee 13eaen�es�a-eer�c4ida#e-t`ar-nomhta#�-onelec#San-#o-erg-elective-�ubka-©€fie wherethe-holding-of #ha#-.offlee- l-c�on€liet-vAth-the-f'u-&end-p per-disehar-ge-of the-e leyee-s-duties- Mth-4he-City: Mayor Ringer noted that the council addressed the sections prioritized by the Charter Review .Committee. Councilman Birdwell referred to Section 35 - Procedure for Passage of Ordinances. Councilman Birdwell moved to add to Section 35 the requirement that ordinances be read on two readings before final passage unless a council City Council Workshop Meeting Page 9 Wednesday, April 24, 1991 unanimously suspends the rule to pass the ordinance on the first reading. The motion was seconded by Councilman Schneider. Councilman McIlhaney agreed with Mr. Birdwell's suggestion. However, she thought it might be better addressed in city policy and procedure, rather than a charter amendment. The motion was defeated by a vote of 2-4. FOR: Councilmen Birdwell and Schneider AGAINST: Mayor Ringer, Councilmen McIlhaney, Brown, Crouch Discussion was held on residency requirements for appointed officials. No change was made. Councilman Birdwell moved to hold a charter election at the next general election in May, 1992. Councilman Crouch seconded the motion which carried unanimously, 6-0. &enda Item No. S - Council Concerns. Councilman McIlhaney reported that she has received numerous calls about the intersection of Rock Prairie Road and the East Bypass access road. Mr. Ragland replied that the staff has contacted the Highway Department regarding the problems at this intersection. Councilman Crouch mentioned that a citizen contacted her expressing concern about the children who are crossing Rock Prairie and Rio Grande. Staff clarified that school zones are the only signage that will be put near the schools. Ms. Crouch indicated that the citizen was concerned that the school crossing guard was not properly doing his job. Councilman Brown reported that a citizen from Medina Drive neighborhood expressed concern about the A&M shuttle buses traveling along Medina Drive. Mayor Ringer stated that he received a letter and will respond to the citizen. Councilman Birdwell noted that the recycling participation has dropped 20 percent. He urged the staff to promote better participation. Mr. Birdwell also mentioned his concern about the procedure for hotel reservations for the upcoming TML meeting. Student Gov't Liaison Trey Jacobson reported that this is his last week to serve as TAMU Liaison. He stated that he has enjoyed serving as liaison. Mayor Ringer mentioned that the TML meeting for councilmembers will be held in Galveston, June 21-23. Mayor Ringer announced that the War on Drugs Committee has expressed a desire to make a presentation to the city councils of Bryan and College Station, MINUTES CHARTER REVIEW COMMITTEE THURSDAY, MAY 11, 1989 4:00 P.M. MEMBERS PRESENT: Chris Kling, Dick Hervey, Ann Jones, Gene Benton, Robert Bednarz, Terri Tongco MEMBERS ABSENT: Lorence Bravenec STAFF PRESENT: City Secretary Dian Jones Mr. Hervey reviewed staff's suggested changes to Article I of the Charter. Section 1 - Incorporation - No change Section 2 - Form of Government - City Attorney suggested that the last sentence of the paragraph read as follows: "All powers of the city shall be exercised according to state and federal law in the manner prescribed by this charter; or, if the manner be not prescribed, then in such manner as may be prescribed by ordinance." Section 3 - Boundaries - No change. Section 4 - Creation of Precinct Boundaries - No change. He referred to Article II: Section 5 - Powers of the Citv - The City Attorney suggested changing a portion of this section toward the end as follows: "... all powers enumerated in the Revised Civil Statutes annotated in Article 1175 (Vernon Supplement 1989 as amended)..." Section 6 - Extension of Citv Limits Upon Petition.- Mr. Hervey read the first part of the section. The City Attorney suggested eliminating "Article 970a, Vernon's Annotated Texas Statutes as it presently is written or may hereafter be amended" and allow the sentence to read "... Texas Local Government Code, Chapter 43, Vernon, 1988 as it is presently written or may hereafter be amended." Section 7 - Extension of Citv Limits by the Citv Council. - The City Attorney suggested eliminating Article 970a, Vernon's Annotated Texas Statutes as it presently is written or may hereafter be amended.", and, inserting "... Texas Local Government Code, Chapter 43, Vernon, 1988, as it is presently written or may hereafter be amended." Section 8 - Chanae of Ward Boundaries - Discussion was held regarding a wards system in the city. No staff suggestions were made. Mrs. Tongco pointed out that the section provides that "there shall be at all times at least three (3) wards within the city..". Mr. Kling suggested adding a colon after the word ordinance in the first line. Mr. Hervey suggested that this Section may need further study by the City Attorney. Section 9 - Eminent Domain - City Attorney suggested eliminating several words on page 5, "it may be controlled, as nearly as practicable, by the laws governing the condemnation of the property of railroad corporations in this state, the city taking the position of the railroad corporation in any such case. She also eliminated "also" in the next sentence and "other" in the sixth line from the top of page 5. Section 10 - Establishment and Control of Streets. - No change. Section 11 - Streets Improvements. - The City Attorney made a "housekeeping change" to this section. She suggested eliminating "...Chapter 106, Fortieth Legislature, First Called Session, Acts 1927, being Article 1105b, Vernon's Annotated Civil Statutes of Texas...". Substituted this sentence with the words "Texas Revised Civil Statutes Annotated Article 1105, Vernon Supplement 1989. Section 12 - Garbaae Disposal - No change. Section 13 - Corporation Court. - Suggested changing this section to read "Municipal Court". Section 14 - Sanitary Sewer Svstem. - No change. Section 15 - Public Utilities; Powers of the Citv - The City Attorney suggested changing the third line to read "...anything else for resale...". Section 16 - Sians and Bill Boards - No change. Section 17 - Nuisances; Control and Policina - Mr. Hervey stated that he will discuss the portion of this section regarding (5000 ft.) outside the city limits with the City Attorney. Mr. Kling read the remaining part of this section. Discussion was held. Mrs. Tongco remarked that this section -gives local control over sanitation problems. Mr. Bednarz referred to Section 7. He suggested that some mention should be made regarding the reasons for annexing property for the benefit of the public. Mr. Kling stated that he does not want to limit the Council's ability to annex property. He suggested looking into the Municipal Annexation Act. fl, 19eq Mr. Hervey moved to approve the amendments discussed above. Mrs. Jones seconded the motion which carried unanimously, 6-0. Mr. Kling stated that at the next meeting, Mr. Bravenec will discuss Articles III and IV. Mr. Kling continued with Section 18. Mr. Kling stated that he has a problem with the first sentence in Article III. "The City Council shall be known as the "City of College Station." Discussion was held regarding the term "councilmen" versus "councilwoman". The committee discussed the subsections under Section 18. Mrs. Tongco commented that Subsection (b) be deleted, because there is a Section 21, Presiding Officer, Mayor which explains his duties. The committee agreed. Mrs. Tongco suggested that the committee look into changing the time for elections and length of terms for councilmembers. Mr. Kling commented that Councilman McIlhaney suggested changing the terms to three year terms and two persons elected each year. Mr. Bednarz pointed out that the committee might also wish to limit the terms to six years. Mr. Benton commented that if there are restricted terms, possibly more people would be interested in running for office. Mr. Kling commented that the people are closest to the city government and this philosophy of democratic government allows rapid change. Discussion continued. Mr. Kling noted that if a term is lengthened, in some situations, recall may be the only alternative. He asked the Committee to think about the issue of terms of office. Mr. Kling also noted that the Charter should have an index. The committee discussed Subsection (e). They concurred to leave this subsection as written. Discussion was held regarding compensation for council members. The next meeting of this committee will be held on May 24th at 4:00 p.m. MINUTES CHARTER REVIEW COMMITTEE MAY 24, 1989 4:00 p.m. MEMBERS PRESENT: Chris Kling, Terri Tongco, Ann Jones, Gene Benton MEMBERS ABSENT: Robert Bednarz, Lorence Bravenec, Dick Hervey The minutes of May 4, 1989 were approved unanimously, with correction of two typographical errors (deleting the last line on page 2, since it was repeated on page 3; and, capitalizing the first word on the first line of page 4). Mr. Kling reviewed two old business items. He referred to Section 7, of Article II, and explained that the change was recommended for the purpose of modernizing the wording. Mr. Kling referred to Section 8, Article II, and stated that Mr. Hervey has not had the opportunity to check with the City Attorney to find out if this section could be eliminated. Mr. Kling noted that the feeling of the committee is to eliminate this section if approved by the City Attorney. It was noted that Mr. Bravenec, scheduled to lead the review of Articles III. and IV., was not present. Discussion began on Article III, Section 18. The committee previously agreed that the first sentence should be changed to read as follows: "The City Council shall be composed of the Mayor and six (6) councilmen." Ms. Jones mentioned that subsection "at large" will be reviewed at the system. Mr. Kling stated that 18(b) this wording is found in Section 21; the following subsections will need accordingly. (a), with reference to decision of the ward is redundant because after 18(b) is omitted, to be relettered Discussion was held on the length of terms of office, 18(d). Ms. Jones suggested that the question on terms of office for an elected official should be considered at a later meeting with all committee members present for discussion. The other members concurred. The committee reviewed their earlier discussion on Section 18(e) and again concurred on "no change." The Committee continued with Section 19. Mr. Kling stated that this section appears to demand automatic forfeiture of office if a councilman is absent for three consecutive meetings without obtaining the consent of the council. He -2- pointed out that the current wording leads to a number of questions. He suggested that some type of action should be required of the Council, perhaps require that they declare consent by a motion of approval. Ms. Jones noted that this section should be brought to the council's attention. The committee considered inserting a mechanism to make the intent of this section clear to the council. After further discussion on how this section might be applied under various circumstances, Mr. Kling mentioned that he will look at the model charter regarding this area. The committee discussed Section 20, Compensation. Referring to the list of other cities and their status on pay for council, Ms. Jones commented that councilmen receive salaries in a few cities that are either very large or located in wealthy areas. She stated that the issue of pay might be considered in the future, after the city has grown larger. Ms. Tongco pointed out that the citizen perception of council duties is different toward paid council versus volunteer council; expectations and scrutiny become greater and more time is required on the job if pay is involved. Mr. Kling commented that the question would be discussed further when all committee members were present. No changes to Section 21 were suggested. The committee moved to Section 22. Mr. Kling referred to a change proposed by Chief Strope. Discussion was held on the desirability of having the council fill vacancies by appointment. Ms. Jones stated that a cut of date should be provided. Ms. Tongco explained that the council can function with a vacancy for a limited time. General discussion continued. The committee referred to Section 23 (2). Councilman Gardner had recommended the addition of a specific department to this section. After discussion, the committee did not feel that an addition is necessary. Mrs. Tongco commented on subsection (6) which covers the planning and zoning commission. Mr. Kling referred to Section 27. Mr. Schroeder had several written comments on this section, and recommended deleting the specific designations of "Finance, Police, Fire and Public Works." Ms. Tongco clarified some of the departmental restructuring accomplished by the late city manager, Mr. Cole. She noted that the city attorney recommended deletion of the wording in Section 27. The committee returned to Section 23. Mr. Kling stated that Section 23 (2) is very general and broad, and that Section 27 established four administrative departments. Mr. Benton pointed out that the city manager recommends what departments should be established, but the decision rests with the Council. The committee concurred that the current wording of 23 (2) is acceptable. -3- The committee addressed 23 (5) and (6). Councilman Gardner requested several changes to this section. City Attorney Locke suggested adding after the zoning board of adjustment, "and such other boards and commissions as shall be deemed advisable." Mr. Kling suggested adding the item, but as a new subsection; "To appoint boards, commissions, and committees as shall be deemed advisable, and the members thereof." He suggested leaving subsection (6) as written, inserting the new subsection as (7), and renumbering accordingly. Chief Landua suggested changing the word "fireproof" to "fire resistant" in subsection (12). The Committee continued to Section 24. After careful consideration, the committee agreed to delete the last sentence of this section and reword Section 42 to imply that the City Manager will appoint the Assistant City Manager to serve in his absence on a temporary basis, or if the City Manager is on leave for longer than 14 days, the City Council may designate someone by letter filed with the city secretary. Ms. Jones suggested that the section's title be changed to "Absence or Disability of City Manager." The committee set the next meeting for June 14th, 4:00 p.m. in the same meeting room. No changes were made on Section 25 and 26. The committee moved on to Section 27. Ms. Tongco suggested deleting "Public Works" from the administrative departments listed in this section, and adding "the administrative departments as may deemed advisable." They continued with Section 28. Mr. Kling stated concern about the term of office for two years coinciding with the term of the mayor. The word his should.be changed to the. Ms. Tongco clarified the process taken during the appoint- ment of a City Secretary. The committee agreed to the City Attorney's request that in Section 29, "Corporation Court" be changed to "Municipal Court". The committee adjourned the meeting and will begin discussion on terms of office, Section 28 and Section 29, at the next meeting. The meeting was adjourned. MINUTES CHARTER REVIEW COMMITTEE JUNE 14, 1989 4:00 P.M. MEMBERS PRESENT: Chris Kling, Dick Hervey, Lawrence Bravenec, Robert Bednarz, Terri Tongco, Gene Benton MEMBERS ABSENT: Ann Jones Chairman Chris Kling opened the meeting. The committee began discussion on Section 29. Mr. Hervey asked if the name of "Corporation Court" was changed to "Municipal Court." Mr. Kling replied affirmatively. The Committee continued with Section 30. Mr. Benton suggested that "preferably one" be removed. After further discussion, Mr. Kling suggested adding the same residence proviso as stated for the City Manager. Mr. Kling read the statement: "At the time of his appointment he need not be a resident of the city or state, but during his tenure of office he shall reside within the city." Mr. Bravenec referred to the second paragraph. He questioned the intent of the first statement, "The city attorney shall represent the city in all litigation." Mr. Kling suggested that the first sentence be deleted. Mr. Bravenec suggested extending the second sentence to read, 11... and where appropriate shall represent the city in litigation." No changes were made to Section 31. Mr. Kling asked if the City Council had rules, as stated in the first sentence on page 13. The committee referred to Section 33 which states that the City Council shall determine its own rules and order of business. A copy of the council meeting procedures, which refer to Chapter 33 of the Charter, was provided to Mr. Kling. Mr. Bravenec asked if ordinance books were indexed. Mrs. Hooks replied affirmatively. Mr. Hervey suggested that Section 33 be changed to read, "The city council shall determine its own rules and order of business. It shall keep minutes of its proceedings and the minutes shall be open to public inspection." _2_ No changes were made to Section 32, 34, or 35. However, the city attorney's memo noted a typographical error in Section 35, page 14, in the word "section". She also revised the next to last sentence to read, "The City Council shall have power to cause the ordinances of the city to be corrected, amended, revised, or codified as often as it deems advisable, and such printed code, when adopted, ...." Mr. Kling referred to page 13 which refers to the official newspaper. Discussion was held on factors that decide which paper is the "official newspaper" of the city. Mr. Kling pointed out the first paragraph on page 15. He read the statement and changed the word "some" to "a". The committee discussed the various newspapers distributed throughout the city such as "The Press", "The Battalion", and the "The B-CS Eagle". Ms. Tongco stated that all legal notices are normally placed in the "Eagle". Mr. Kling remarked that there may be a state statute which binds this action. Mr. Kling stated that he will check with the City Attorney on this matter. He asked the committee if they preferred the statement to read, "...a newspaper of general circulation in the City of College Station...". The committee moved to Section 36, and to the city attorney's suggestion on changing the misdemeanor fine limit from $100.00 to $200.00. Mr. Kling noted that Councilman Gardner submitted several comments. Mr. Bednarz referred to page 8, section 21, the powers of the mayor. Mr. Benton asked if the Committee agreed on the issue of compensation for councilmembers. Mr. Kling replied negatively; he noted that the topic will be discussed at a later time. The committee discussed Section 37. Mr. Kling noted that he will check with the City Attorney on the clarification of the official newspaper in College Station. The committee discussed the term "post -audit", as stated at the bottom of page 14. Mr. Bravenec suggested deleting the word "post". The committee agreed. The committee discussed Section 38. No changes were made. The committee discussed Section 39. Several comments were made regarding the insurance plan and the rules and regulations for maintaining employees. Mr. Kling pointed out that the city is required by statute to provide workers compensation coverage. He asked staff to provide the Committee with a copy of the Policies and Procedures Manual. Mr. Benton commented that this section should be deleted in its entirety. M912 The committee moved forward to Section 40, Article IV, The Citv Manager. Mrs. Tongco referred to a court case which would allow municipalities the right to require all employees to reside within the City. Mr. Kling recalled that this issue has been brought before the Supreme Court. Mr. Hervey suggested eliminating the word solelv in the second line of this section. Mr. Benton agreed. Mr. Hervey explained that he feels the city manager should possess other qualifications besides executive and administrative qualifications. Mr. Kling commented that the sentence has the same meaning that Mr. Hervey has indicated, if the word "solely" remains in the sentence. Mr. Bravenec suggested substituting "primarily" for "solely". Mr. Hervey concurred. The committee discussed Section 41. Mr. Kling referred to subsection (1). Mr. Bravenec suggested removing the words, "when necessary for the good of the service" The committee agreed. The committee discussed Section 42. Mrs. Tongco suggested changing the word "his" to "the". Discussion was held regarding the arrangement of the sentence. Mr. Bravenec stated that the sentence begin with the following words, "The mayor may designate by letter filed with the city secretary..." Mr. Bednarz restated the sentence. Mr. Hervey suggested that the sentence begin as follows: "To perform the duties during the city manager's temporary absence or disability,..." Mr. Kling referred to Section 24, page 11, last sentence. Mrs. Tongco added that this sentence expresses something other than temporary. Mr. Bravenec asked if the City had an Assistant City Manager. Mrs. Hooks replied that the City Manager has appointed two Assistant City Managers. Mr. Bravenec commented that these positions need to be recognized in this section. Mr. Kling remarked that in prior discussions, the committee agreed to delete the last sentence in Section 24 and place it in Section 42. Mrs. Tongco noted that in any office situation, there is a chain of command. Mr. Bednarz commented that the "temporary" status in Section 42 may relate to the time period from which the Council will meet again, therefore, the mayor can make the designation. Mr. Kling noted that Section 24 is referring to something other than temporary absence or disability and Section 42 directs temporary absence or disability. Mr. Kling pointed out that his notes alluded that the committee discussed the definition of temporary and mention was made that temporary meant no longer than two weeks. Mrs. Tongco pointed out that the Council should be notified that the city manager will be absent, and the notice should indicate the designated official. She stated that the Administrator selects the persons under his authority, and -4- should make the appointment. Mr. Bednarz pointed out that the organizational chart could serve as a guide. Mrs. Tongco pointed out that the Council should not interfere with administrative decisions, they should only set policies and not become involved, except for the selection of the City Manager. She also stated that the Charter does not specify what procedure should be taken to advise the Council who is in charge. The committee continued discussion on the issue of temporary leave. Mr. Kling asked Mrs. Tongco to research the Model Charter on this issue. Mr. Hervey suggested the following: "During the city manager's temporary absence between council meetings, the mayor may designate...." The committee discussed Section 43. Mr. Kling referred back to Section 27. Mr. Kling pointed out that during a previous meeting, the words "Finance" and "Public Works" were deleted from the first sentence in Section 27. No changes were made to Section 43. Mr. Benton asked if the change in reference to gender will be carried throughout the charter. Mr. Kling responded that changes will be made. The committee moved on to Section 44. No changes were made. The committee set the next meeting date for Thursday, June 29th at 4:00 p.m. in the City Hall Council Chambers. Mrs. Tongco will present Article V and VI at the next meeting. The meeting adjourned at 5:30 p.m. MINUTES CHARTER REVIEW COMMITTEE THURSDAY, JULY 13, 1989 4:00 P.M. . COMMITTEE MEMBERS PRESENT: Chris Kling, Robert Bednarz, Dick Hervey, Ann Jones, Lorence Bravenec, and Gene Benton COMMITTEE MEMBERS ABSENT: Terri Tongco STAFF MEMBERS PRESENT: City Secretary Jones, Budget Director Schroeder, City Attorney Locke The July 13, 1989 meeting of the Charter Review Committee convened at 4:00 p.m. in the City Hall Council Chambers, with Chairman Kling presiding. He reported that the minutes from the preceding meeting would be available at the next session. Chairman Kling referred to the committee's questions about Section 8-Change of Ward Boundaries, and said that he had received a response from the city attorney. He provided copies to the committee members. He said that the committee had discussed residency requirements for city employees, and noted that the City Secretary had furnished the committee with information relating to the State Statute. He pointed out that the law allows the council to impose residency requirements for those officers appointed by the mayor or governing body. The committee discussed the current Charter's wording of the sections mentioning residency (30 and 40). The council reviewed their earlier discussion of residency requirements, and confirmed their decision to hold the requirements to the city manager and the city attorney, and not to include the city secretary and city judge. Also, the wording for the residence of the city attorney, as in Section 30, would be re- written to conform to the statement in Section 40-City Manager ("At the time of his appointment he need not be a resident of the city or state, but during his tenure of office he shall reside within the city") Mrs. Jones opened the discussion on ARTICLE VII-FINANCE ADMINISTRATION. She suggested that under Section 67, the last sentence should be deleted,("The city manager may appoint a deputy director of finance, who may be the city assessor and collector of taxes"). She asked Deputy Finance Director Glenn Schroeder if this sentence served a purpose. He replied that this statement was unnecessary. He noted that the city manager has authority to appoint deputies anyway; and, under the chain of command, the director of finance should actually make the appointment of deputies in the finance department. -2- The committee concurred to remove the last sentence from Section 67. No changes were suggested for Section 68-Director of Finance; Qualifications. Also, no changes were suggested for Section 69-Powers and Duties (1) and (2). Mrs. Jones asked clarification of the term "at such time" in Subsection (3). Mr. Schroeder replied that a report is submitted quarterly to the council. Mr. Kling suggested replacing ("at such time") and putting in its place the word ("when"). Chairman Kling questioned the necessity of the terms used throughout this section in referring to "through the city manager", or "by the city manager". He suggested deleting in Section 69, the first paragraph that begins with "under the direction of city manager", and replacing it with "The director of finance shall have charge ..." Mrs. Jones agreed. Mr. Bravenec commented that reference should be made to the city manager in this paragraph. After further discussion, the committee concurred to leave the first paragraph as written, - and remove "thorough the city manager" from Section 69 (3). Mrs. Jones referred to Section 69 (4). No changes were made. In Section 69 (5), (6), & (8), Chairman Kling commented that the City Attorney recommended eliminating (5) and (6) because the tax collection is done by the Appraisal District. Mr. Bravenec asked if it would be wise to mention that the council delegate the authority for assessment of taxes. Mr. Schroeder explained that there are three areas for which the Appraisal District is responsible. One area is the appraisal aspect, which is mandated by state law; the second, is the assessment; and, third, the collection. He recommended eliminating (5). Mr. Kling pointed out that (5) is not in the appropriate place. Mr. Hervey agreed and added that it may be a good idea to put this section under Article VIII. Mr. Kling asked if the city could contract with anyone other than the county assessor. Mr. Schroeder explained that in many counties the county assessor and chief appraiser are not the same person. Mr. Bednarz recommended adding to the end of (6), "unless these duties are performed by another authorized agency" Mrs. Jones commented that the Brazos County Appraisal District is working very smoothly, and is used as a role model by other cities. Mrs. Jones remarked that the state established a central appraisal district. Mr. Schroeder added that each juris- diction is allowed an option as to how their collections are assessed. Mr. Kling recommended deleting (5). Mrs. Jones agreed. Mr. Bednarz stated that a distinction needs to be made between assessment and appraisal. Mr. Hervey suggested adding under (5), the following: "Supervise and be responsible for the -3- assessment and appraisal of all property within the corporate limits..." Mr. Bednarz suggested deletion of the word appraisal. Mr. Bravenec asked that the committee's concerns be reviewed by the City Attorney. Mrs. Jones agreed. City Attorney Locke arrived at the meeting. She explained that the Appraisal District's contract is authorized and approved by the City Council. Mr. Kling asked Mrs. Jones to work with Mrs. Locke to rewrite (5), (6), and (8). Mr. Kling stated that he feels the Director of Finance should retain responsibilities as stated in the Charter, and that the city should have the flexibility to remove from a third party if the city council chooses to do so. He noted that the Director of Finance is also responsible for any special assessments. The Committee discussed other responsibilities of the Director of Finance, as indicated in (9) and (10). Mrs. Jones continued discussion with Section 70-Transfers and Appropriations. Mr. Schroeder clarified the paragraph. The committee agreed that this section be left alone. Mrs. Jones noted that no changes were made to Section 71- Accounting, Supervision and Control. Mr. Schroeder explained Section 72-Lapse of Appropriations. No changes were suggested for this section. The committee discussed Section 73-Fees Shall be Paid to City. Mr. Schroeder commented on this section. No changes were suggested. Mrs. Jones referred to Section 74-Sale of City Property. She pointed out a suggested change, replacing (Article 5421c-12) to (Texas Local Government Code Section 272.001). The committee concurred to the suggested change. The committee moved on to Section 75-Purchase Procedure. She noted that the City Attorney has suggested a change for budgeted items, change to $10,000 and Article 2368a has been changed. Mr. Kling pointed out that the City Attorney proposed adding "the official newspaper of the city." Mrs. Jones read the last sentence as recommended by the City Attorney. "Nothing herein shall apply to a contract as amended by the Texas Local Government Code Section ..." The committee agreed to the suggested procedure. Mrs. Jones suggested adding a period after the word "contract", and begin the next sentence with "The first publication shall be at least fourteen (14) days prior to the time for making such purchase or letting such contract;...". The committee discussed Section 76-Contracts for Improvements. Mrs. Jones noted that $5,000 should be changed to $10,000 and -4- the Article No. be replaced by the Texas Local Government Code. The City Attorney advised deleting the remainder of the paragraph on page 26 beginning with "All such contracts for $5,000 or more shall be awarded ..." Mr. Schroeder commented that the charter should have a reference to change order restrictions. Mr. Kling recommended adoption of the City Attorney's suggested changes. After discussion by the Committee, the decision was made to change the wording to more than $10,000 in Section 75 and Section 76, wherever this remark is stated. Mrs. Jones had no suggested changes for Section 77- Disbursement of Funds. Mr. Schroeder explained the difference between checks and vouchers. The committee continued discussion and no changes were suggested to Section 78- Accounting Control of Purchases, and Section 79-Borrowing in Anticipation of Property Taxes. Mr. Kling suggested a change for the line beginning with "tax anticipation note for the year 19_ to " The same change was made to Section 80. Mrs. Jones referred to Section 82-Surety Bonds. Mr. Schroeder explained that the three individuals whose names are listed on the signature cards, are bonded for the amount of $1 mil- lion; also, all employees are bonded for $50,000. Mr. Hervey reported that he will be gone from July 24th to August 25th; Mr. Bravenec stated that he will not be in town from July 29th to September 4th. The next meeting was scheduled for July 27, 1989 at 4:00 p.m. The meeting was adjourned. DRAFT MINUTES CHARTER REVIEW COMMITTEE JULY 27, 1989 4:00 P.M. MEMBERS PRESENT: Chris Kling, Robert Bednarz, Gene Benton, Ann Jones MEMBERS ABSENT: Lorence Bravenec, Terri Tongco, Dick Hervey Chairman Chris Kling opened the meeting. Ms. Jones moved to approve the minutes of June 29th and July 13th. Mr. Bednarz seconded the motion, which carried unanimously, 4-0. Ms. Jones noted that the City Attorney's schedule has not allowed her time to draft Section 69, (5), (6), and (8). Ms. Jones referred to Article VIII, Tax Administration, Section 83 - Division of Taxation. She stated that the City Attorney has recommended that Section 83 be removed. Mr. Kling suggested that this section be looked at when the City Attorney and Ms. Jones work together to rewrite Section 69. Ms. Jones had no suggested changes for Sections 84 and 85. Ms. Jones proceeded to Section 90 - Taxes; When Due and Payable. She indicated that staff recommended a change in the second sentence as follows: "...payable at the office of the city assessor/collector and/or authorized as approved by the city council....". The members agreed to the recommended change. Ms. Jones referred to Section 91 - Seizure and Sale of Personal Property, and Section 92 - Tax Liens. Mr. Kling commented that there may no longer be a Texas Tax Code, instead, a Property Tax Code. He asked committee member Jones to check with the City Attorney. The committee continued to Article IX, Nominations and Elections. Mr. Bednarz was assigned this Article. In Section 93 - Municipal Elections, a suggestion was made to change the month of the election date to the first Saturday in May. Staff also suggested changing the following sentence, "The city council shall fix the hours and the place for holding such election." to read "The city council shall fix the hours, the place and all means for holding such an election." The committee concurred. Mr. Bednarz suggested further clarification in this sentence. Mr. Kling -2- remarked that this sentence does not need further modification. Mr. Kling pointed out that the Mayoral position should be added to the other designated places as stated in Section 93, next to last sentence (add "and mayor" after 11611).. After much discussion, the committee concurred. City Secretary Jones clarified the statement which includes "at which more than one councilman" The Committee recommended deleting this phrase. They also concurred that the last sentence of Section 93 - Municipal Elections, should be left intact. Mr. Kling recommended no change to Section 94 - Regulation of Elections. The committee discussed Section 95 - How to Get Name on Ballot. Staff's suggested changes were provided to the Committee relating to the new requirements set by the State Election Code. Mr. Bednarz noted a suggested change in Section 95 by changing thirty (30) days to forty-five (45) days. A second recommendation has been made to add to the sworn statement by candidate that he is aware of the nepotism law. Mr. Bednarz also noted that a modification should be made to the statement at the bottom of page 29, saying that "... said petition having been signed by at least Twenty-five (25)" add, "one-half of one percent" of the qualified voters of the City of College Station". Mr. Bednarz continued discussion by noting another modification to this section which meets the changes of the State Election Law regarding the signers of a petition. For instance, the signer's voter registration number, date of signing, and the signer's printed name. This modification may be added to the next to last sentence on page 29. Mr. Kling pointed out that in the first line of page 30 after the words ,"circulator thereof", wording should be included to incorporate 141.065 of the Texas Election Cade. Discussion was held on 141.065(b) of the Texas Election Code and the charge of the City Secretary in this respect. Mr. Bednarz commented that he will draft a revised paragraph for Section 95. Discussion continued. The Committee concurred to omit "full" in the first sentence in Section 96 - Council Ballots. Discussion was held concerning the necessity of the last sentence in Section 96. Mr. Bednarz mentioned that the Texas Election Code now requires a change for listing surnames; the City Secretary has recommended that this -3- section state that the candidate's name shall be placed on the ballot in compliance with the Texas Election Code as amended. Mr. Bednarz noted that it may be important for the circulator to know the guidelines before he/or she begins circulating a petition. Mr. Kling noted that the City Attorney has recommended to change the fourth line of Section 97 - Laws Governing City Elections, to state the following: "... thereto; and in the event that there should be any failure of the general laws...". Mr. Bednarz referred to Section 98 - Canvassing Election. He read the recommended change. "Returns of elections, general and special, shall be made by the election officers to the city council not earlier than the second day nor later than the sixth day following such an election". This statement will be in compliance with the Texas Election Code. The committee continued discussion and moved on to Article X - Initiative, Referendum and Recall. Mr. Bednarz noted that apparently a typographical error appears in Section 100, and "change" should be substituted for "charge" with "chancre." Mr. Benton referred to Section 99 - Power of Initiative, and commented on the exceptions listed in this paragraph. Mr. Bednarz called attention to Section 100 - Power of Referendum; specifically, the sentence which begins with "Within twenty (20) days after the enactment by the city council of any ordinance which is subject to a referendum, a petition signed by qualified electors of the city equal in number to at least twenty- five percent of the number of votes cast at the last preceding regular municipal election may be filed with the city secretary requesting that any such ordinance be either repealed or submitted to a vote of the electors." He questioned whether twenty days is adequate time. Mr. Bednarz suggested that thirty (30) days replace twenty (20) days. Mr. Bednarz proceeded to Section 101 - Form of Petitions; Committee of Petitioners. He commented that the same requirements shall apply in this section as revised in Section 95, relating to the signing of an election petition. The committee agreed. -4- Mr. Bednarz indicated no changes were needed for Section 102 - Filing; Examination and Certification of Petitions; Section 103 - Amendment of Petitions; Section 104 - Effect of Certification of Referendum Petition; Section 105 - Consideration by City Council; Section 106 - Submission to Electors; Section 107 - Form of Ballot for Initiated and Referred Ordinances; and, Section 108 - Results of Election. Mr. Bednarz referred to Section 109 - Repealing Ordinances; Publication. Councilman Gardner had written a comment regarding the time limit by which the City council may amend or repeal an initiative and referendum ordinance. Mr. Bednarz suggested that a time limit be established such as six months. The Committee agreed. Mr. Bednarz continued by discussing Section 110 - Recall; General. He suggested changing the sentence to read, "Any member of the city council may be removed from office by the power of recall." Mr. Bednarz indicated no change for Section 111 - Recall Procedure. The Committee discussed Section 112 - Recall Petitions. Mr. Bednarz noted that this section states that a recall petition must contain at least forty percent of the qualified electors. He added that Councilman Birdwell and Councilman Gardner had expressed concern about this statement, due to the fact that a city election does not normally have this percentage of people voting in an election. After further discussion, Mr. Bednarz suggested the following changes: delete Drovided however and replace forty percent (40%) with fifty -percent (51%). Ms. Jones agreed. After further discussion, the committee agreed to recommend that fifty-one percent (51%) be changed to forty -percent (40%) , and to delete the words "pe�aeleel-l�er,�e�e�-lea-n-lie ease-e�-�l�e-�eea�l-e�-�l�e-ma�*c�-e�-ethereat�neilmen; -the pet�t�en-sl�a��-een�a�n-�l�e-s�gnatt��eg-ef-a�-�eas�-fa��p pe�een�-f 46�t}-e�-�l�e-gtta����ed-e�eeta�a-e�-�l�e-2�ty" City Secretary Jones clarified the line in Section 112 beginning with "fifty one percent " After this clarification was made, Mr. Kling pointed out that this sentence should read "...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. and shall conform to the brovisions of Section 101 of this Article." -5- Mr. Bednarz called for any other recommendations on the Article. Mr. Kling suggested a change in Section 117 - District Judge May Order Election. On line 4 beginning with the word shall, he asked that the sentence read, "...shall be the duty of a District Judge, upon proper application being...". Chairman Kling announced that the next meeting will be held on August 10, 1989 at 4:00 p.m. The meeting was adjourned.