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Home My WebLink AboutCharter_Review_Committee_Agenda_5_18_2021_3903Notice of Meeting for the Charter Rev iew Committee of the City of Georgetown May 18, 2021 at 3:00 P M at Virtual T he C ity of G eorgeto wn is c ommitted to c ompliance with the Americans with Dis ab ilities Ac t (ADA). If yo u require as s istance in particip ating at a p ublic meeting due to a disability, as defined under the ADA, reas onable assis tanc e, adaptations, o r ac c ommo d ations will b e provid ed upon req uest. P lease co ntac t the C ity S ec retary's O ffic e, at leas t three (3) days prio r to the s c hed uled meeting d ate, at (512) 930-3652 or C ity Hall at 808 Martin Luther King Jr. S treet, G eo rgetown, T X 78626 for ad d itional informatio n; T T Y us ers route through R elay Texas at 711. This is a meeting of the C ounc il appointed Charte r Re view C ommittee . C onsistent with Gove rnor Gre g Abbott’s suspe nsion of various provisions of the O pen M e eti ngs Ac t, e ffec tive A ugust 1, 2020 and until further notice , to r educe the chance of C O V I D -19 transmission, all C ity of Ge or ge town A dvisory B oar d me eti ngs will be held virtually. P ubli c c omment will be allowe d via telec onfer enc e; no one will be allowe d to appe ar in pe rson. J oin Zoom M e eting https://geor ge towntx.zoom.us/j/94632731550? pwd=Y Wx M Q U 5 L N D F ibF B R R nRndzk1a XB 6 U T09 M e eti ng I D : 946 3273 1550 P assc ode : 278836 O ne tap mobile +13462487799,,94632731550# U S (H ouston) +12532158782,,94632731550# U S (Tacoma) D i al by your loc ation +1 346 248 7799 U S (H ouston) +1 253 215 8782 U S (Tacoma) +1 669 900 6833 U S (San J ose) +1 301 715 8592 U S (Washington D C ) +1 312 626 6799 U S (C hic ago) +1 929 205 6099 U S (N ew Yor k) 877 853 5257 U S Toll-fr ee 888 475 4499 U S Toll-fr ee 833 548 0276 U S Toll-fr ee 833 548 0282 U S Toll-fr ee M e eti ng I D : 946 3273 1550 C i tizen comme nts ar e ac ce pte d i n thre e differ ent formats: Submi t wri tte n comme nts to mayra.c antu@ge orgetown.or g by 5:00 p.m. on the day before the date of the mee ting and the Re cor ding Secre tar y will re ad your comme nts into the r ec or ding dur ing the item that is be ing discusse d. Page 1 of 56 L og onto the meeting at the l ink above and “r aise your hand” dur ing the item. U se your home/mobil e phone to c all the tol l-fr ee numbe r. To join a Zoom me eting, clic k on the li nk provided and join as an attendee . You will be asked to e nte r your name and email addr ess (thi s i s so we can ide ntify you when you are cal le d upon). To speak on an i te m, clic k on the ic on label ed "P ar tic ipants" at the bottom ce nter of your P C or M ac scr ee n. A t the bottom of the window on the r ight side of the scr ee n, c lick the button label ed "Raise H and." C lick "R aise H and" if you want to say somethi ng in the me eting. When you are c alle d upon by the Re cording S ec re tar y, your devic e wil l be r emotely un-mute d by the Administr ator and you may speak for thre e minute s. P l ease state your name c le ar l y, and whe n your time is ove r, your de vice wi ll be muted again. You can lowe r your hand by c licking the same button, now labe le d "L owe r H and." The same me thod c an be use d to raise your hand i n a Zoom mee ting on a mobile de vice , si mply tap "R aise H and" at the bottom le ft corne r of the sc re en. The hand ic on wil l tur n blue and the te xt be low it will switch to say "L owe r H and" whil e your hand is r aised. U se of pr ofanity, thre ate ning l anguage , slande rous r emarks or thre ats of harm ar e not allowe d and will re sult in you be ing imme diately re move d fr om the mee ting. Regular Agenda A C all to o rder - Lo uise Epstein, C hair B R eview and appro val o f the minutes from April 20, 2021 C harter R eview C o mmittee - Louis e Ep stein, C hair C R eview and appro val o f the minutes from May 4, 2021 C harter R eview C ommittee - Louise Eps tein, C hair D Dis c us sio n o f poss ible amendment of C ity C harter, S ection 2.09. – R ules o f P rocedure related to voting requirements – S kye Masson, C ity Attorney E Dis c us sio n of p os sib le amendment o f C ity C harter, S ectio n 2.10. – P ro c ed ure to enact legis latio n – S kye Mass on, C ity Atto rney F Dis c us sio n of p os sib le amendment o f C ity C harter, S ectio n 8.03. - F ranchise; po wer of the C ity C ouncil – S kye Masson, C ity Attorney G Dis c us sio n of p os sib le amendment o f C ity C harter, S ectio n 3.01. – G eneral elections – S kye Mas so n, C ity Attorney H R eview of C o mmittee recommendations so far and summary p res entatio n to C ity C ounc il - S kye Masson, C ity Atto rney I Dis c us sio n of future meetings and agend a items for June 1, 2021 and ad ditional charter amendments for co nsid eratio n at a future meeting – Louis e Epstein, C hair Ce rtificate of Posting I, R ob yn Densmo re, C ity S ec retary for the C ity of G eo rgetown, Texas, d o hereby certify that this Notice of Meeting was po sted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e read ily acc ess ible to the general pub lic as req uired by law, on the _____ day of _________________, 2021, at __________, and remained so posted for at least 72 c ontinuous hours preceding the s cheduled time of s aid meeting. __________________________________ R o b yn Dens more, C ity S ecretary Page 2 of 56 City of Georgetown, Texas Charter Review Committee May 18, 2021 S UB J E C T: C all to order - Lo uis e Ep s tein, C hair IT E M S UMMARY: F IN AN C IAL IMPAC T: NA S UB MIT T E D B Y: Page 3 of 56 City of Georgetown, Texas Charter Review Committee May 18, 2021 S UB J E C T: R eview and ap p ro val o f the minutes fro m April 20, 2021 C harter R eview C o mmittee - Lo uise Ep s tein, C hair IT E M S UMMARY: Ap p ro val o f minutes d elayed fro m last meeting to make fo llo wing changes : Item C – more c larificatio n o n what we voted fo r Item E – fix a typo o f benefits Item F – Motio n made b y Marler to acc ep t o p tion A; S ec o nd by S tewart. All in favor inc lude Marler, Hellmann, S tewart. O ppos ed Epstein, Hes s er, Burke, and G landt. Approved 3-4. C hange ap p ro ved to d ied . Also c hange to O ptio n A without a c ap and that the 15% wo uld b e by the number o f actual voters in the previo us munic ip al elec tion. Item G – C hange no population to on populatio n F IN AN C IAL IMPAC T: NA S UB MIT T E D B Y: Mayra C antu, As s is tant to the C ity Manager AT TAC H ME N T S: D escription Type Revis ed Minutes for 4/20/2021 Exhibit Page 4 of 56 Minutes of Meeting of the CHARTER REVIEW COMMITTEE (CRC) City of Georgetown, Texas April 20, 2021 The Charter Review Committee met on Tuesday, April 20, 2021 at 3:00 PM via Zoom virtual meeting. The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary’s Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 808 Martin Luther King Jr Street for additional information; TTY users route through Relay Texas at 711. The meeting was held with the Governor’s Order, all City Buildings are following these procedures: • Masks are recommended • Physical distancing; 6 feet between you and anyone not in your household • Practice good hygiene and wash your hands Committee Members Present: City Staff Present: John Hesser Louise Epstein Bob Glandt Joseph Burke Troy Hellman John Marler Rick Vasquez Ben Stewart, Joined at 3:10 PM Skye Masson, City Attorney Mayra Cantu, Management Analyst and Board Liaison Karen Frost, Assistant City Secretary Rachel Saucier, Executive Assistant Board Members Absent: Others present: Legislative Regular Agenda Louise Epstein called the meeting to order at 3:01 p.m. A. Review and approval of the minutes from April 6, 2021 Charter Review Committee - Louise Epstein, Chair Committee gave staff direction on preference for minutes in the future. Motion to approve by John Marler; Second by Joseph Burke. Approved 8-0. B. Discussion of possible amendment of City Charter, Section 2.01, Number, Selection, and Term of Office relating to length of terms and term limits – Skye Masson, City Attorney Chair opened discussion on term limits and terms of office. Committee began discussion on length of terms, currently 3 years. Term limits could impact opinions on length of terms between 3 and 4 years. Committee discussed accountability to the electorate and how 3- years allows for that, with 2 years possibly being too short to be effective. Motion to recommend maintaining 3-year length of term by John Marler; Second by Joseph Burke. Approved 6-2. Opposed Glandt and Hesser. Page 5 of 56 Committee began discussion on term limits including the benefits and disadvantages of term limits in relation to the term length. Motion to oppose term limits on current 3-year council member or Mayor terms made by Marler, Second by Stewart. Motion dies 4-4. Committee members expressed favor for term limits to hold members accountable to the electorate while increasing participation, and some committee members expressed the benefits of the counter in not having term limits. Staff recommended capturing the majority and minority opinion on this topic to present to Council. Motion made by Hesser recommend implementing a 4-year council member term, with a limit to 2 consecutive terms; Second by Glandt. Motion dies 2-6. Glandt and Hesser vote in favor of the motion. Motion made by Hellman to recommend having council members serve 3 3-year terms for a total lifetime limit of 9 years as a council member, and as mayor for 3 3-year terms for a total lifetime limit of 9 years as Mayor, Second by Vasquez. Motion passes 5-3. C. Discussion of possible amendment of City Charter, Section 2.02, Qualifications - Skye Masson, City Attorney Chair opened discussion. Committee discussed the language of limiting a council members employment with the City. Committee recommended update to comply with State law and reduce restriction on subsequent City employee from two years to one years. Amended language: Sec. 2.02. - Qualifications. At the time of election to office, eIn addition to other qualifications prescribed by law, each Councilmember and the Mayor shall be at least twenty-one (21) years of age on the first day of the term to be filled at the election or on the date of appointment, as applicable. For period of twelve (12) months preceding election day, each Councilmember shall reside in the, shall be a citizen and qualified voter of the State of Texas and the City of Georgetown and a resident of the Council council District district the member would be representing and the Mayor shall reside within the City of Georgetown. No member of the Council or the Mayor shall hold any other office or employment under the City Governmentwith the City while a member of said Councilserving as a member of the Council or the Mayor, nor hold any paid employment under the City Governmentwith the City within two (2) yearsone (1) year thereafter. A member of the Council ceasing to reside in the City shall immediately forfeit that office. Motion made by Glandt to adopt language as amended by staff; Second by Hellmann. Approved 8-0. D. Discussion of possible amendment of City Charter, Section 2.03, Vacancies - Skye Masson, City Attorney Chair opened discussion. Staff provided background on the topic and how Mayor Pro Tem gets appointed by the Council. The Committee discussed the selection and role of the Mayor Pro Tem. Discussion continued regarding selection and role of Mayor Pro Tem as well as state law requirements and election options. Discussion confirmed that if less than 12 months remain City Council will elect, from the currently serving City Council body within 45 days, a Mayor by majority vote. If no one wants to serve as Mayor, then a special election will be held on the next uniform election date. Page 6 of 56 Motion by Hellmann, Second by Marler to adopt Option B and the additional language as shown to be approved as the new section 2.03. Approved 8-0. E. Discussion of possible amendment of City Charter Section 2.06, Mayor and Mayor Pro Tem – Skye Masson City Attorney Staff introduced the item. This language clarifies if the Mayor votes on agenda items. Committee discussed amended language. Support for reflecting the role and responsibilities of Mayor when Mayor Pro Tem fills in. Discussion regarding opposition to Mayor’s vote in regards to breaking ties and benefits to ceremonial role of Mayor versus responsibility to city-wide electorate. Discussion regarding the position of at-large Mayor as voting member would be a reflection of city as a whole. Motion made by Hellmann to have the Mayor be a voting member of the City Council. Second by Marler. Approved 5-3. Opposed Stewart, Vasquez, and Glandt. Vasquez departed the meeting at 4:18pm F. Discussion of possible amendment of City Charter provisions in Article IV related to petition requirements for Section 4.01, power of initiative; Section 4.02, power of referendum; and Section 4.07, Recall of City Officials; and Section 4.08, Recall Petition - Skye Masson, City Attorney Staff introduced the item and the drafted language for the Committee’s review. Staff requested more guidance on recall language. The Chair opened discussion regarding petitions and current charter language. The Committee discussed cap on requirement and noted that 15% can increase exponentially with population increase. Discussion continued regarding section 4.01 power of initiative. The Committee noted 15,000 individuals versus 15% as more accessible to simply cap the number of citizens required to request an initiative be placed on the ballot. Committee discussed option A. Committee confirmed that registered voters as the designation to use. Motion made by Marler to accept option A; Second by Stewart. All in favor include Marler, Hellmann, Stewart. Opposed Epstein, Hesser, Burke, and Glandt. Motion died 3-4. Committee confirmed Option A without a cap and that the 15% would be by the number of actual voters in the previous municipal election. Motion by Burke to match language proposed by Staff without a cap and that the 15% would be by the number of actual voters in the previous municipal election for the initiative and referendum; Second by Hellmann. Approved 5-2. Stewart and Marler opposed. The Committee asked and Staff discussed the recall language with cleanup noting registered voters. The Committee confirmed no cap and the language should mirror initiative wording. G. Discussion of possible amendment of City Charter to appoint a City Auditor – Skye Masson, City Attorney Chair introduced item and discussed role of auditor. Committee discussed staffing and budget implications. Motion made by Epstein that Council create a position of City Auditor reporting to Council; Second by Hellmann. Motion tied 3-3. Voting in favor included Epstein, Burke, and Hellmann. Voting in opposition include Hesser, Glandt, and Stewart. Page 7 of 56 Discussion regarding adding another staff position requirement and mandate on the budget. Further discussion examined the City’s needs based on population and management oversight needs. Staff will confirm about creating position reporting to City Manager and a Charter amendment is required for adding a direct report to Council. Motion by Hesser to recommend to City Council that a city auditor be created and filled as a report to the City Manager; Second by Glandt. Approved 5-1. Voting in favor included Hellmann, Burke, Hesser, Glandt, and Epstein. Stewart registered opposition. Discussion regarding opposition to city manager direct report and added position to city budget. H. Discussion of possible amendment of City Charter regarding the organizational reporting structure of the City Attorney, City Secretary, and Municipal Judge – Skye Masson, City Attorney Staff discussed background research. Discussion noted that it seemed awkward to have these direct reports to City Council, but this items is not necessary especially if there are many amendments being put forth for the voters. Staff said language could be more clear regarding the municipal judge direct report since it is distinctly different than other direct reports. A short discussion was had regarding the City Attorney serving the entire City as a whole. Discussion on the merits of reporting to a single city manager versus a group of council members. Chair asked for a motion and none made. Consensus from committee was to leave this item alone. I. Discussion of next steps and agenda items for May 4, 2021 and additional charter amendments for consideration at a future meeting – Louise Epstein, Chair Remaining items include voting requirements and clear definition of city council and majority vote, and the ordinance requirements for adoption including voting and procedures, first and second reading, and caption publication. Staff also noted reviewing the franchise publication requirements. Chair asked for any other considerations. Hesser would like to review the charter regarding finance, article 6 specifically regarding the budget. Chair asked to include item on Article 6 on the upcoming agenda. Chair would like to wrap up by May 18th with all initial discussions and ready for staff to present to Council at May 25th Council meeting. Motion by Hesser to adjourn meeting; Second by Glandt, Approved 6-0. Meeting adjourned at 5:15 pm. __________________________________ ____________ Louise Epstein Date Committee Chair ___ _______________________________ ____________ John Hesser Date Committee Vice Chair Page 8 of 56 __________________________________ ____________ Mayra Cantu Date Board Liaison Page 9 of 56 City of Georgetown, Texas Charter Review Committee May 18, 2021 S UB J E C T: R eview and ap p ro val o f the minutes fro m May 4, 2021 C harter R eview C o mmittee - Lo uise Ep s tein, C hair IT E M S UMMARY: F IN AN C IAL IMPAC T: NA S UB MIT T E D B Y: Mayra C antu, As s is tant to the C ity Manager AT TAC H ME N T S: D escription Type 5.04.2021 Minutes Exhibit Page 10 of 56 Minutes of Meeting of the CHARTER REVIEW COMMITTEE (CRC) City of Georgetown, Texas May 4, 2021 The Charter Review Committee met on Tuesday, May 4, 2021 at 3:00 PM via Zoom virtual meeting. The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary’s Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 808 Martin Luther King Jr Street for additional information; TTY users route through Relay Texas at 711. The meeting was held with the Governor’s Order, all City Buildings are following these procedures: • Masks are recommended • Physical distancing; 6 feet between you and anyone not in your household • Practice good hygiene and wash your hands Committee Members Present: City Staff Present: John Hesser Louise Epstein Bob Glandt Joseph Burke Troy Hellman John Marler Skye Masson, City Attorney Mayra Cantu, Management Analyst and Board Liaison Rachel Saucier, Executive Assistant Board Members Absent: Others present: Rick Vasquez Ben Stewart Legislative Regular Agenda Louise Epstein called the meeting to order at 3:00 p.m. A. Review and approval of the minutes from April 20, 2021 Charter Review Committee - Louise Epstein, Chair Item C – more clarification on what we voted for Item E – fix a typo of benefits Item F – Motion made by Marler to accept option A; Second by Stewart. All in favor include Marler, Hellmann, Stewart. Opposed Epstein, Hesser, Burke, and Glandt. Approved 3-4. Change approved to died. Also change to Option A without a cap and that the 15% would be by the number of actual voters in the previous municipal election. Item G – Change no population to on population Delay approval of minutes to next meeting once staff has made the changes. B. Discussion of possible amendment of City Charter, Section 2.09. – Rules of Procedure related to voting requirements– Skye Masson, City Attorney Skye Masson introduced the item to the committee and the charter needing clarity on what is considered a majority whether it is the entire council or council present. Committee discussed creating redundancies in language to possibly include “present and voting”. Page 11 of 56 Discussion around absences and voting procedures around recording votes, particularly on important items that may need a full council. Skye Masson introduced a discussion point for the committee to consider regarding all city council actions requiring affirmative action of majority council present and voting. Committee discussion on council majority compared to council majority present, particularly when you have members with a conflict of interest on items and having to remove themselves from certain votes. Staff direction: • Language to include present and voting • Striking not less than • All city council actions requiring affirmative action of majority of council present and voting C. Discussion of possible amendment of City Charter, Section 2.10. – Procedure to enact legislation – Skye Masson, City Attorney Skye Masson introduced item to the committee and history of issues with current language and whether ordinances should always require 2 readings. If committee sticks with 2 readings, does staff have to continue to read captions at both readings? This current process does not allow the item to go on consent and must be on legislative. Committee discussed number of readings for ordinances, and possibility of allowing 2nd readings to be on consent. Committee discussed whether it needs a unanimous votes in favor to automatically place the 2nd reading on consent. Staff direction: • Ordinances will require 2 readings, but only the first reading will need the caption read. The second reading can go on consent agenda or could be pulled to legislative if needed. Skye introduced charter 72-hour publish requirement in local newspaper and the issues that have arisen from this. Question from staff: do we need to have this at all, reduce or extend the publish requirement? Committee highlighted El Paso’s charter language on this item and opening to other outlets besides newspapers (contemporary means of information sharing). Staff direction: • Include language that opens to City controlled contemporary means of information sharing/system of record • Look at state language and other common language on this • Come back at next meeting with suggested language Skye introduced the subject of emergency ordinances and the issues we have had, in particular with Winter Storm Uri. We currently do not waive our notice requirements with emergency ordinances and must read the caption. Committee discussed notice reading requirements as it relates to emergency ordinances and what is defined as an emergency ordinance. Staff direction: • Having language come back to them that would waive publication and filing requirements. Page 12 of 56 D. Discussion of possible amendment of City Charter, Section 8.03. - Franchise; power of the City Council – Skye Masson, City Attorney Skye Masson introduced item as a staff recommended item in the charter to look at. Currently staff has to publish these and is a costly sum to publish based on what is required. Committee discussed possibly having this reflect what was mentioned prior and finding one place to publish franchise agreements like the City website instead of the newspaper. Staff direction: • Language including to publish franchise agreements like the City website instead of the newspaper. E. Discussion regarding Article VI of the City Charter related to Finance including budget preparation and amendments, appropriations, borrowing, obligation and revenue bonds, purchase procedure and independent audit. - Skye Masson, City Attorney Committee discussed whether the City needed to add more language on requiring debt retirement. Question as to whether this would be in the charter or resolution. Other city charters do include this information as a part of the budget process. Bring an agenda item back on election dates to possibly increase/promote voter participation. Motion to adjourn meeting by Burke, second by Hesser, approved 5-0. Meeting adjourned at 4:23 pm. __________________________________ ____________ Louise Epstein Date Committee Chair ___ _______________________________ ____________ John Hesser Date Committee Vice Chair __________________________________ ____________ Mayra Cantu Date Board Liaison Page 13 of 56 City of Georgetown, Texas Charter Review Committee May 18, 2021 S UB J E C T: Dis cus s io n o f possible amendment o f C ity C harter, S ectio n 2.09. – R ules of P ro c edure related to voting req uirements – S kye Mas s o n, C ity Attorney IT E M S UMMARY: F IN AN C IAL IMPAC T: S UB MIT T E D B Y: Mayra C antu, As s is tant to the C ity Manager AT TAC H ME N T S: D escription Type Item C. 2.09 Voting Requirements Exhibit TML Survey - Voting Requirements Backup Material Page 14 of 56 2021 Charter Review Committee Amendment Review Coversheet Item C. Discussion of possible amendment of City Charter, Section 2.09. – Rules of Procedure related to voting requirements – Skye Masson, City Attorney 1. Current charter language Sec. 2.09. - Rules of procedure. The Council shall by ordinance determine its own rules and order of business. The Mayor and a majority of the members of Council shall constitute a quorum, and in the Mayor's absence, a majority plus one of the members of Council shall constitute a quorum. Legislation may not be enacted unless it is adopted by a vote of not less than a majority of the members of the Council. Should the Council be reduced to less than a majority plus one of the members of Council by death, resignation, nonresidence or for any other reason, the remaining members of the Council shall constitute a quorum for the purpose of filling vacancies. Should the Council be reduced to less than a majority plus one of the members of Council by death, resignation, nonres idence, or for any other reason, the remaining members of the Council shall constitute a quorum for the purpose of filling vacancies and for the purpose of taking an emergency action to protect the life, health, safety, property and welfare of the public. Such emergency action shall take effect only upon the unanimous approval of the then remaining members of the Council. The Council may adopt such rules, and prescribe such penalties as it may see fit to enforce the attendance of its members at all regular and called meetings of the Council or its committees. Minutes of all meetings of the Council shall be taken and recorded in the form and manner required by state law, and such minutes shall constitute a public record. 2. Summary of Committee Direction at the prevision meeting: A majority of the City Council members present and voting at a meeting should be required to take action. **In reviewing this section further it appears there is duplication in the current language. The version below includes striking an unneeded sentence. 3. Proposed updated language: Sec. 2.09. - Rules of procedure. Page 15 of 56 The Council shall by ordinance determine its own rules and order of business. The Mayor and a majority of the members of Council shall constitute a quorum, and in the Mayor's absence, a majority plus one of the members of Council shall constitute a quorum. No action of the Council, except as otherwise provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of a majority of the Council members present and voting. . Should the Council be reduced to less than a majority plus one of the members of Council by death, resignation, nonresidence, or for any other reason, the remaining members of the Council shall con stitute a quorum for the purpose of filling vacancies and for the purpose of taking an emergency action to protect the life, health, safety, property and welfare of the public. Such emergency action shall take effect only upon the unanimous approval of the then remaining members of the Council. The Council may adopt such rules, and prescribe such penalties as it may see fit to enforce the attendance of its members at all regular and called meetings of the Council or its committees. Minutes of all meetings of the Council shall be taken and recorded in the form and manner required by state law, and such minutes shall constitute a public record. Page 16 of 56 Count of Question 6: Total on council Count of Question 7: Number of members for regular meeting quorum Question 6: Total on council Total Question 7: Number of members for regular meeting quorum Total 44 389 579 4 128 647 531 7 106 62 812 3 + Mayor 1 99 3 not including Mayor 1 (blank)3 plus mayor 1 4 not including Mayor 2 5 (mayor does not count toward quorum) 1 (blank) Count of Question 8: Number of members for special meeting quorum Count of Question 9: Number of votes for council to take action on ordinary matters Question 8: Number of members for special meeting quorum Total Question 9: Number of votes for council to take action on ordinary matters Total 21 Majority of quorum 79 386 Majority of those present 131 4 127 Majority of total council 40 531 (blank) 62 71 3 + Mayor 1 3 not including Mayor 1 3 plus mayor 1 4 not including Mayor 1 5 (mayor does not count toward quorum) 1 NA 1 (blank) Page 17 of 56 City of Georgetown, Texas Charter Review Committee May 18, 2021 S UB J E C T: Dis cus s io n of p o s s ib le amend ment of C ity C harter, S ec tion 2.10. – P ro ced ure to enac t legislatio n – S kye Masson, C ity Attorney IT E M S UMMARY: F IN AN C IAL IMPAC T: S UB MIT T E D B Y: Mayra C antu, As s is tant to the C ity Manager AT TAC H ME N T S: D escription Type Sec. 2.10 - Procedure to enact legis lation Exhibit TML - Enacting Legis lation Backup Material Page 18 of 56 2021 Charter Review Committee Amendment Review Coversheet Item. D. Discussion of possible amendment of City Charter, Section 2.10. – Procedure to enact legislation – Skye Masson, City Attorney 1. Current charter language Sec. 2.10. - Procedure to enact legislation. The Council shall legislate by ordinance, and the enacting clause of every ordinance shall be: "Be it ordained by the City Council of the City of Georgetown." The City Attorney shall approve all ordinances adopted by the Council, as to the legality thereof, or shall file with the City Secretary written legal objections thereto. Evidence of approval of an ordinance by the City Attorney may be by notation on the ordinance itself, or by separate paper or instrument . Every ordinance enacted by the Council shall be signed by the Mayor, Mayor Pro Tem, or by two (2) Councilmembers and shall be filed with and recorded by the City Secretary. All ordinances shall be read in open meeting of the Council at two (2) open meeti ngs of the Council on two (2) separate days; the second such reading shall occur not less than ten (10) days following the first such reading; provided, that the secondary reading required herein shall be sufficient if read by descriptive caption only. The actual reading of the ordinance on first reading may be handled by the reading of the caption if the following provisions of the Charter have preceded the first reading. 1. The caption of the proposed ordinance has been published in a newspaper of general circulation within the City for a minimum of seventy-two (72) hours prior to the meeting; and 2. The proposed ordinance is filed with the City Secretary at least seven (7) days prior to the meeting. The City Council may require a full reading of the proposed ordinance prior to adoption by a vote of the majority of the Councilmembers present at the meeting. All ordinances, unless otherwise provided by law or by the terms of such ordinance, shall take effect immediately upon final passage thereof. The requirements for reading ordinances on two separate days may be dispensed with where an ordinance relating to the immediate preservation of the public peace, health, safety or welfare is adopted by the favorable vote of not less than a majority, plus one, of all the Councilmembers qualified and serving, and contains a statement of the nature of the emergency. 2. Direction from last time: 2 readings • Ordinances will require 2 readings, but only the first reading will need the caption read. The second reading can go on consent agenda or could be pulled to legislative if needed. 72-hour publish requirement in newspaper Page 19 of 56 • Include language that opens to City controlled contemporary means of information sharing/system of record • Look at state language and other common language on this • Come back at next meeting with suggested language Notice reading requirements for emergency ordinances • Having language come back to them that would waive publication and filing requirements. 3. Proposed updated language for consideration: Sec. 2.10. - Procedure to enact legislation. The Council shall legislate by ordinance, and the enacting clause of every ordinance shall be: "Be it ordained by the City Council of the City of Georgetown." The City Attorney shall approve all ordinances adopted by the Council, as to the legality thereof, or shall file with the City Secretary written legal objections thereto. Evidence of approval of an ordinance by the City Attorney may be by notation on the ordinance itself, or by separate paper or instrument. Every ordinance enacted by the Council shall be signed by the Mayor, Mayor Pro Tem, or by two (2) Councilmembers and shall be filed with and recorded by the City Secretary. An ordinance shall not be adopted until it has been considered and favorably acted on by the Council at two (2) separate council meetings. The caption of a proposed ordinance shall be read once in full at a council meeting prior to its adoption by the Council and shall be posted on the City of Georgetown’s primary Internet webpage or the City of Georgetown’s primary contemporary means of information sharing system that is maintained as part of the City of Georgetown official records The City Council may require a full reading of the proposed ordinance prior to adoption by a vote of the majority of the Councilmembers present at the meeting. All ordinances, unless otherwise provided by law or by the terms of such ordinance, shall take effect immediately upon final passage thereof. The requirements for reading ordinances on two separate days may be dispensed with where an ordinance relating to the immediate preservation of the public peace, health, safety or welfare is adopted by the favorable vote of not less than a majority, plus one, of all the Councilmembers qualified and serving, and contains a statement of the nature of the emergency. 4. Excerpts from benchmark cities with sample language to the extent they have it (bold relevant language) El Paso Section 3.9 - ORDINANCES IN GENERAL. A. Form and Introduction. Ordinances and resolutions shall be introduced at Council meetings only in written form; but amendments to ordinances and resolutions may be made orally at the same meetings. No ordinance shall concern more than one subject, and that shall be expressed clearly in the title. The enacting clause of all ordinances shall read: "Be it ordain ed by the City Council of the City of El Paso." Any ordinance which repeals or amends an existing ordinance or other part of the City Code shall summarize the ordinance, sections or subsections to be repealed or amended. Page 20 of 56 B. Legislative Procedure. Except as provided in Section 3.13, an ordinance may be introduced by any Council member at any meeting of the Council. A proposed ordinance must be filed with the City Clerk in sufficient time for inclusion on the agenda for the Council meeting at which it is to be introduced. Upon such filing the City Clerk shall distribute copies to each member of the Council and to the City Manager. A reasonable number of copies shall be available in the office of the City Clerk, and at such other public places as the Council may designate, for examination by interested persons. No ordinance shall be adopted finally except at a regular open meeting of the Council following notice, publication, and a public hearing. The notice shall contain: 1. The proposed ordinance or a brief summary thereof; 2. The places where copies of it have been filed and the times when they are available for public examination; and 3. The time and place for the public hearing. The notice shall be published by any contemporary means of information sharing, including but not limited to publication in a newspaper of general circulation in the City or placement on a web site at least five days prior to the public hearing. The hearing may be held by a designated Council committee or the Council separately or in connection with any Council meeting and may be adjourned to a specified time. All interested persons present shall have an opportunity to be heard. As soon as practicable after adoption of any ordinance, the City Clerk shall publish it again, with notice of its adoption, in abstract form, by any contemporary means of information sharing. These abstracts must state, at a minimum, the purpose of the ordinance and, where penal, the penalty provided. In any event, the publication must be written so as to be understood by an average person. C. Actions Requiring Ordinances. The Council may exercise the following powers by ordinance only: 1. Authorize the conveyance of any City real property; 2. Adopt or amend any administrative code and establish, abolish, alter or combine any City departments, so long as such action is not in conflict with this Charter; 3. Amend, extend, or repeal any ordinance previously adopted; 4. Prescribe a fine or penalty or establish any rule or regulation for the violation of which a fine or other penalty is imposed; 5. Adopt Civil Service Rules. Section 3.10 - EMERGENCY ORDINANCES. v A. Limitation. To meet a public emergency affecting life, health, property, or the public peace, the Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, authorize a conveyance of real property, or authorize the borrowing of money. B. Procedures. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it may be introduced on two hours' public notice, and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the unanimous vote of the Representatives present, and the consent of the Mayor, shall be required for adoption. C. Adoption, Re-enactment, Repeal. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as the ordinance may specify. Every emergency ordinance shall stand repealed automatically as of the 31st day following the date on which it was adopted, but this shall not prevent the re-enactment of the ordinance, in the manner specified in this section, if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance, in the same manner specified in this section for adoption of emergency ordinances. Page 21 of 56 Round Rock Sec. 3.13. - Ordinances in general. Ordinances and resolutions shall be introduced in the City Council only in written or printed form. Ordinances making appropriations shall be confined to the subject of appropriations. Any ordinance which levies a fine or penalty and those dealing with budget and/or tax, franchises, public utilities or the setting of their rates, shall be read at two regular meetings before the same shall become effective. All other ordinances shall not be finally passed until they have been read on two separate days not less than twelve (12) hours apart; provided however if an ordinance has been introduced at a regular meeting of the City Council, the requirements for readi ng on two separate days may be dispensed with by an affirmative vote of all the City Council members present. Any ordinance introduced pursuant to Section 9.01(e)(2) may be adopted and finally passed at the meeting at which it is introduced. The final reading of each ordinance shall be read in full unless a written or printed copy thereof shall have been furnished to each member of the City Council prior to such meeting. The enacting clause of all ordinances shall be: "Be it ordained by the City Council of the City of Round Rock, Texas." Sec. 3.14. - Emergency ordinances. To meet a public emergency affecting life, property, or the public peace, the City Council may adopt emergency ordinances. Such ordinances shall not levy taxes, grant or renew or extend a franchise, or regulate the rate charged by any public utility for its services. Neither shall they authorize the borrowing of money, except as provided in Article 8, Section 8.05. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. Such emergency clause shall require the affirmative vote of five members of the City Council. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of five members of the City Council shall be required for adoption. After adoption, the ordinance shall be published as required for other adopted ordinances and shall become effective in the same manner. Every emergency ordinance so adopted, except one authorizing the borrowing of money as described herein, shall automatically stand repealed as of the sixty-first day following the day on which it became effective, but this shall not prevent re-enactment of the ordinance. Cedar Park Section 3.13 Ordinances in General No ordinances except emergency ordinances shall be finally passed until they have been read on two (2) separate days not less than 72 hours apart. The final reading of each ordinance shall be in full unless a written or printed copy thereof shall have been furnished to each member of the Council prior to such meeting The enacting clause of all ordinances shall be: “Be it ordained by the City Council of the City of Cedar Park, Texas.” All ordinances which levy a fine or penalty and those which deal with the budget, tax es, franchises, public utilities or the setting of their rates shall be read at two (2) regular meetings followed by publication in full or by caption in at least one (1) issue of the official newspaper of the City before the same shall become effective. Section 3.14 Emergency Ordinances Page 22 of 56 To meet a public emergency affecting life, property, or the public peace, the Cou ncil may adopt emergency ordinances. Such ordinances shall not levy taxes, grant or renew or extend a franchise, or regulate the rate charged by any public utility for its services. The Council shall not authorize the borrowing of money, except as provided in Article VIII, Section 8.06. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. Such emergency clause shall require the affirmative vote of four (4) members of the Council. An emergency ordinance may be adopted with or without amendmen t or rejected at the meeting at which it is introduced. The affirmative vote of four (4) members of the Council shall be required for adoption. After adoption, the ordinance shall be published as required for other adopted ordinances and shall become effective in the same manner. Every emergency ordinance so adopted, except one authorizing the borrowing of money as described herein, shall automatically stand repealed as of the sixty-first (61st) day following the day on which it became effective, but this shall not prevent re-enactment of the ordinance. New Braunfels Sec. 3.10. - Ordinances in general. The City Council shall legislate by ordinance only, and the enacting clause of every ordinance shall be, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, before any ordinance shall be adopted. Each proposed ordinance or resolution shall be introduced in written or printed form and shall not contain more than one subject, but general appropriation ordinances may contain various subjects and accounts for which monies are to be appropriated. All ordinances shall be read in open meeting of the City Council on two (2) separat e days provided that all readings of any ordinance may be by descriptive caption only except that one (1) member of the council may require a complete reading of any ordinance upon first reading thereof. Any ordinance necessary to protect the public's peace, health, safety and general welfare, may be passed as an emergency and become effective at once upon one (1) reading of the City Council, upon the approval of a majority vote of the City Council members at said reading. The City Attorney shall approve each ordinance in writing or shall file with the City Secretary his written legal objections thereto. Every ordinance enacted by the City Council shall be signed by the Mayor, Mayor Pro Tem, or by two (2) council members, and shall be filed with and recorde d by the City Secretary before the same shall become effective. Except as otherwise provided by law or this Charter, the City Secretary shall give notice of the enactment of every penal ordinance and of every other ordinance required by law or this Charter to be published, by causing the descriptive title or caption of the same to be published at least one time within ten (10) days after final passage thereof in some newspaper of general circulation in the City. The City Secretary shall note on every ordinance and on the record thereof, the dates and medium of its publication, and such notation shall be prima facie evidence of compliance with the requirements of this section. Page 23 of 56 Sugar Land Sec. 2.10. - Legislation. (a) An ordinance shall not be adopted until it has been considered and favorably acted on by the council at two (2) separate council meetings . However, ordinances relating to the following matters may be adopted by the council after consideration at only one meeting: (1) The adoption or amendment of a budget or the assessment or levy of taxes; (2) The calling of an election or the canvassing of the returns and declaring the results of an election; (3) The issuance or sale of bonds; certificates of obligations, or other debt instruments; and (4) Where the city council, by the affirmative vote of five (5) or more members, adopts an ordinance declaring that an emergency exists because there is an immediate need to preserve and protect the peace, health, safety, or welfare of the community. (b) The caption of a proposed ordinance shall be read once in full at a council meeting prior to its adoption by the council. (c) Notice of the enactment of every ordinance imposing any penalty shall be given by publishing the ordinance or its descriptive caption and penalty in the city's official newspaper one (1) time within thirty (30) days of passage. The failure to comp ly with this section shall not affect the validity of the ordinance adopted. Fort Worth § 2 ORDINANCES-PASSAGE AND PUBLICATION; PROCEDURE; DIGEST AND REVISION; FRANCHISES AND EASEMENTS; PUBLICATION OF. It shall not be necessary to the validity of any ordinance that it be read more than one (1) time or considered at more than one (1) session of the Council; but this provision shall not apply to the appropriation and budget ordinance, which shall be controlled by the provisions relative thereto in other portions of this Charter. Every ordinance imposing a fine, penalty or forfeiture for the violation of its provisions shall, after the passage thereof, be published twice in the official newspaper of the City or in lieu thereof a descriptive caption or title stating in summary the purpose of the ordinance and the penalty for violation thereof may be published twice in the official newspaper of the City, before such ordinance shall take effect. All ordinances granting or confirming a franchise or easement over, across or upon the streets, highways or public places of the City, shall be accepted in writing by the grantees, and before taking effect a summary shall be published once a week for four (4) consecutive weeks within a period of thirty (30) days after its passage in the official newspaper of the City. But the time for publication of any ordinance of the City may be extended beyond the period herein provided by expr ess provision to that effect, in which event such ordinance shall not take effect until after the time therein expressly prescribed. Ordinances not requiring publication shall take effect from and after their passage, unless otherwise therein expressly provided. No publication of any ordinance shall be required excepting those imposing a fine, penalty or forfeiture, or those granting a public easement or franchise, or the general appropriation ordinance, as provided for in the Chapter of this Charter dealing with the appropriation ordinance. Page 24 of 56 Revised or digested ordinances published in pamphlet form by authority of the City Council shall not be required to be published in any newspaper, and the publication in pamphlet form of such ordinance shall be held and taken as sufficient publication, notwithstanding such ordinance may impose a fine, penalty or forfeiture, or should contain a grant of easement or public franchise. (Ord. 16797, § 1(XV), 1-24-2006, approved 5-13-2006) Carrollton Sec. 2.17. - Ordinances. In addition to such acts of the council as are required by statute or by this Charter to be by ordinance, every act of the council establishing a fine or penalty or providing for expenditure of funds or for contracting of indebtedness, shall be by ordinance. The enacting clause of all ordinances shall be "Be it ordained by the council of the City of Carrollton." Sec. 2.18. - Publication of ordinances. A full text of all penal ordinances shall be published at least once in the official newspaper of the city, or in lieu thereof a descriptive caption or title stating in summary the purpose of the ordinance and penalty for violation thereof shall be published. All other ordinances, except those ordinances specifically required by the provisions of this Charter to be published, are not required to be published in either the official newspaper of the city or in any other publication. All ordinances shall become effective as of the date stated therein, and in the event no particular date is stated said ordinances shall become effective from and after passage and adoption by the council. Richardson ARTICLE 13. ORDINANCES Section 13.01. Rules and regulations validated. All ordinances, resolutions, rules and regulations of the City of Richardson her etofore ordained, passed or enacted that are in force at the time this charter or any amendment thereto becomes effective, and which are not in conflict with such charter, shall remain in full force and effect until altered, amended or repealed by the city council after such charter or any amendment thereto takes effect. Section 13.02. Action requiring an ordinance. Acts of the city council shall be by adoption of an ordinance when state law or other provisions of this charter require such acts to be approved by ordinance. Section 13.03. Ordinance authentication, recordation and publication. All measures of the city council shall be authenticated and recorded as established by this charter or by such means as may otherwise be allowed by state law, or as the city council may provide by ordinance from time to time. Every ordinance imposing any penalty, fine, imprisonment or forfeiture for a violation of its provisions shall, after passage thereof, be published by publishing the caption thereof at least once in a local newspaper or by such other means as may be allowed by state law. Section 13.04. Style. The style of ordinances shall be "Be It Ordained by the City Council of the City of Richardson," but such caption may be omitted when said ordinances are p ublished in book form or are revised and digested under the order of the council. Page 25 of 56 Section 13.05. Codification. The city council shall have power to cause the ordinances of the city to be printed in code form, and shall have the same arranged and digested as often as the council may deem advisable. Section 13.06. Valid and effective. The final passage of an ordinance by the city council and the publication of the same when so required shall be all that is necessary to make such ordinances valid and effective. The signature of the mayor and city secretary shall be affixed to each ordinance. Section 13.07. Enrollment. Each ordinance passed by the city council shall be enrolled by the city secretary within five (5) days after its passage, or as soon thereafter as is practicable. Page 26 of 56 49 The majority of cities, 52 percent, allow for action with only a “majority of those present.” For a seven- member council with a five-member quorum, that could be as few as three persons. Some charter ob- servers insist it should take a majority of the total council to bind the city to an action. Others have no problem with three persons, using the example of a seven-member council, taking action on the part of the city. Agenda – Very few charters address agenda prepara- tion for council meetings. In council-manager cities, it is generally considered the responsibility of the manager, who honors requests for items from the mayor and council. Similarly, in a mayor-council city, the agenda subjects are usually considered to be those first listed by the mayor. The City of Webster council-manager charter has a simple and common paragraph on the council agenda. It states: Agenda - Items may be placed on the agenda by the mayor or by consensus of three councilmembers prior to the next agenda to be posted. Citizens to be heard – A minority of charters have specific provisions for hearing from citizens during council meetings. Such time is provided by most cities, however; although neither stated nor guided by the charter. Typically, a city council will adopt rules regarding citizens to be heard. There are many is- sues to consider when developing this policy includ- ing whether a citizen will be required to sign-in prior to the meeting and indicate which topic they would like to speak about, when the citizen may speak, the length of time he may speak, etc. There are many more issues that councilmembers should review in developing the city’s policy and should consult with the city attorney to assure proper procedures are adopted. Rules of procedure generally – Charters usually do not contain detailed council procedures. They are considered subject to change from council to council and thus are most likely found in a handbook of pro- cedures adopted by resolution of the council. Consideration and passage of ordinances Action by the city council on important policy or contractual issues is generally accomplished by ordinances or resolution. Some Texas city charters spell out in great detail the various requirements and procedures for adoption of ordi- nances; others have brief paragraphs referring to applicable state laws. Few charters address the purpose of resolutions or the procedures for adoption. It is important to understand the distinction between ordinances and resolutions. The dis- tinction is in subject matter, not terminology. An ordinance is more formal and authoritative than a resolution; it is a local law that usually regulates persons or property and usually re- lates to a matter of general and permanent nature. On the other hand, a resolution authorizes action on an accompany- ing document; for example, it is used to authorize the mayor or city manager to sign a contract for supplies or building con- struction. There are certain state statutes that prescribe sub- jects which must be enacted by ordinance. The NCL model city charter has five sections within the article on the city council that discuss the passage and recording of ordinances. They are: • action requiring an ordinance; • ordinances in general (discusses form and procedures); • emergency ordinances; • codes of technical regulations; and • authentication and recording, codification, and printing of ordinances. Many Texas charters contain section titles similar to the model charter. Action requiring an ordinance In addition to actions required by state law to be enacted by ordinance, many Texas charters require any basic changes in the administrative structure of the city, regulation of land use or development, and all matters relating to fran- chises to be enacted by ordinance. As in most matters re- garding formal action by the council, the city attorney should be utilized by the council to guide the appropriate action. Form of the ordinance State law does not prescribe the form of an ordi- nance, except to require an ordaining clause (Section 52.002 Local Government Code) and authorization for publication of either the complete text or the caption of every ordinance that establishes penalties for violations (Section 52.013 Local Government Code). A form has evolved through the years and is now used by most cities. This and other information re- garding ordinances is in the Handbook for Mayors and Coun- cilmembers, a publication of the Texas Municipal League. Some charters have gone beyond state law in their requirement for publication, multiple readings, and other pro- cedures designed to assure adequate notice to the citizens of key matters covered by ordinances. The city council as a legislative body Page 27 of 56 Emergency ordinances A number of Texas charters contain procedures for the enactment of emergency ordinances. Such charters fre- quently follow the language in the NCL model charter; al- though in some instances, that wording is shortened. Figure 10-2: Emergency ordinances To meet a public emergency affecting life, health, property, or the public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided in 5.07(b)*. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordi- nance and shall contain, after the enacting clause, a declaration stating that an emergency exists and de- scribing it in clear and specific terms. An emergency ordinance may be adopted with or without amend- ment or rejected at the meeting at which it is intro- duced, but the affirmative vote of at least ____ members shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordi- nance except one made pursuant to 5.07(b)* shall automatically stand repealed as of the 61st day fol- lowing the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emer- gency ordinances. *Section 5.07(b) is a section in the model dealing with emergency appropriation of money. Texas state law does not address the passage of emergency ordi- nances. If the charter drafters in a particular city determine that one reading of an ordinance should be sufficient to enact it into law, then no provision for an emergency ordinance is neces- sary. Codes of technical regulations A number of charters establish procedures to ab- solve the city from having to reprint, as part of an ordinance, the voluminous technical regulations issued by recognized na- tional or international professional organizations and instead adopt the codes by reference. Commentary from the National Civic League on home rule charters notes that codes, such as building and sanitary codes, are often detailed and lengthy, and that the NCL charter provision allows a city to simply adopts the code by reference in an ordinance. The NCL, as well as numerous cities across the country, recognize this charter provision minimizes burden and expense while at the same time preserves the essential safeguards required for adopting an ordinance. The San Juan charter contains a typ- ical provision in this regard: SECTION 2.14 CODES OF TECHNICAL REGULATIONS: The City Commission may adopt any stan- dard code of technical regulations by refer- ence thereto in an adopting ordinance and as provided elsewhere by this charter. The pro- cedure and requirements governing such an ordinance shall be as prescribed for ordi- nances generally except that: (1) The requirements of governing law for distribution and filing of copies of the ordi- nance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance, and (2) a copy of each adopted code of technical regulations as well as of the adopting ordi- nance shall be authenticated and recorded by the city secretary pursuant to subsection 2.15 (A). Copies of any adopted code of technical reg- ulations shall be made available by the city secretary for distribution or for purchase at a reasonable price. Authentication and recording, codification, and printing of ordinances Charters generally instruct the city secretary to au- thenticate a properly enacted ordinance by signing and record- ing such ordinance in full in a properly indexed book reserved for this purpose. Many charters call for the mayor to sign all ordinances, but most also have a clause prohibiting invalida- tion for lack of a signature. Chapter 53 of the Local Government Code author- izes codification of a city’s ordinances, including the state- ment in Section 53.005 that a municipal code of ordinances has the force and effect of an ordinance regularly adopted in accordance with law. 50 Texas Home Rule Charters Page 28 of 56 Summary statement regarding ordinances Because of the wide variation in charter provisions regulating adoption of ordinances, this publication makes no attempt to conduct a physical count of each specific section in each charter. The use of the descriptive words “many char- ters” or “some charters” is admittedly very general but is an attempt to give some estimate of the occurrences of specific requirements found in Texas charters. The complex nature of ordinances necessitates a very brief treatment here. Councilmembers and charter com- mission appointees can gain a deeper understanding and knowledge from the Handbook for Mayors and Councilmem- bers and from their city attorney. Prohibitions This succinct heading, a common one in Texas charters, lists actions that the city council cannot take. Sub- sections B and C, quoted here from the Missouri City charter, are recognized as essential charter provisions to undergird a sound council-manager relationship. Councils are required in these subsections to deal with department heads and other employees solely through the city manager, except for infor- mation inquiries. If a councilmember is not satisfied with the manager’s response to an expressed concern about an em- ployee, the next step is another conference with the manager, not contact with the employee behind the manager’s back. The Missouri City charter section on “Prohibitions” is specific and typical of other such charter statements. Figure 10-3: Prohibitions A. Holding Other Office: Except where author- ized by law, no Mayor or Councilmember shall hold any other City office or City em- ployment during his term as Mayor or Coun- cilmember, and no former Mayor or Councilmember shall hold any compensated appointive City office or City employment until the passage of one (1) year after the ex- piration of his term as Mayor or Councilmem- ber. B. Appointments and Removals: Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his subor- dinates are empowered to appoint, but the Council may express its views and fully and freely discuss with the City Manager anything pertaining to any such officer or employee. C. Interference with Administration: Except for the purpose of inquiries and investigations under Section 3.17, the Council or its mem- bers shall deal with City officers and employ- ees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Mayor nor a Councilmember may give orders publicly or privately to any such officer or employee. The prohibition language quoted above is from a council-manager charter. Some mayor-council charters con- tain these same prohibitions against council interference with the mayoral appointments of department heads, but the sec- tion is not found nearly as frequently in mayor-council charters as in council-manager charters. A few cities place language regarding political ac- tivities, acceptance of gifts, and other prohibitions in this sec- tion of the city council article, but most charters utilize the “General Provisions” article at the end of the charter to cover these and other miscellaneous topics (See Chapter 17). Investigations A section on council investigations is found in vir- tually every charter regardless of form of government. This provision is not in conflict with the previous prohibitions, but is designed to give the council authority to make investiga- tions into city operations when such action is necessary. This section is–and should be–used very sparingly. When it is nec- essary to invoke this section, it generally means there is some- thing amiss in city operations. The Rosenberg charter contains a rather typical paragraph on this power: Sec. 3.13. Investigation by the city council. The city council shall have power to inquire into the conduct of any office, department, agency, officer, or employee 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 evi- dence. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered under the provisions of this section shall constitute a mis- demeanor. Annual audit Under Sections 103.001-103.004 of the Local Government Code, every city is required to have an annual audit of its financial records and accounts. The audit can be performed either by a certified public accountant or a quali- 51 The city council as a legislative body Page 29 of 56 City of Georgetown, Texas Charter Review Committee May 18, 2021 S UB J E C T: Dis cus s io n of p o s s ib le amend ment of C ity C harter, S ec tion 8.03. - F ranc his e; p o wer o f the C ity C ounc il – S kye Masso n, C ity Attorney IT E M S UMMARY: F IN AN C IAL IMPAC T: S UB MIT T E D B Y: Mayra C antu, As s is tant to the C ity Manager AT TAC H ME N T S: D escription Type Sec. 8.03 Franchis es Exhibit TML - Franchis es Backup Material Page 30 of 56 2021 Charter Review Committee Amendment Review Coversheet Item E. Discussion of possible amendment of City Charter, Section 8.03. - Franchise; power of the City Council – Skye Masson, City Attorney 1. Current charter language Sec. 8.03. - Franchise; power of the City Council. The City Council shall have the power by ordinance to grant, amend, renew and exten d, all franchises of all public utilities of every character operating within the City of Georgetown. All ordinances granting, amending, renewing, or extending franchises for public utilities shall be read at two (2) separate regular meetings of the City Council, and shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until thirty (30) days after its final passage; and pending such time, the full text of such ordinances shall be published once each week for four (4) consecutive weeks in a newspaper of general circulation published in the City of Georgetown, and the expense of such publication shall be borne by the proponent of the franchise. No public utility franchise shall be granted for a term of more than twenty (20) years; no public utility franchise shall be transferable except with the approval of the City Council expressed by ordinance. 2. Direction from last time • Language including to publish franchise agreements on the City website instead of the newspaper. 3. Issue for review: The current language requires publication in the newspaper of the full text of any franchise agreement for four weeks to be paid by the franchisee. This results in costs in excess of three to four thousand dollars. Staff suggested a review by the Committee to determine if this requirement is still necessary. 4. Proposed updated language for consideration: Sec. 8.03. - Franchise; power of the City Council. The City Council shall have the power by ordinance to grant, amend, renew and ex tend, all franchises of all public utilities of every character operating within the City of Georgetown. All ordinances granting, amending, renewing, or extending franchises for public utilities shall be read at two (2) separate regular meetings of the City Council, and shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until thirty (30) days after its final passage; and pending such time, the full text of such ordinances shall be posted on th e City of Georgetown’s primary Internet webpage or the City of Georgetown’s primary contemporary means of information system that is maintained as part of the City of Georgetown official records. No public utility franchise shall be granted for a term of more than twenty (20) Page 31 of 56 years; no public utility franchise shall be transferable except with the approval of the City Council expressed by ordinance. 5. Excerpts from benchmark cities with sample language to the extent they have it (bold relevant language) El Paso Section 3.18 - LEASE; FRANCHISE; AND CONVEYANCE. The right of control, ownership and use of streets, alleys, parks and public places of the City is declared to be inalienable except as provided by ordinance passed by the Council and except for uses of less than thirty days which may have a separate approval process as established by ordinance. Any ordinance providing for the conveyance, lease, or grant of a franchise regarding the property of the City shall provide for payment to the City of a reasonable fee as consideration for that conveyance, lease, or franchise. In addition, any ordinance providing for the lease or franchise shall provide that: 1.At the termination of the lease or franchise, the property involved, together with any improvements thereto, made or erected during the term of the lease or franchise, shall (either without further compensation or upon payment of a fair valuation therefore as determined by the terms of the ordinance), become the property of the City; and2.Every lease or franchise may be revoked by the City if necessary to secure efficiency of public service at a reasonable rate, or to assure that the property is maintained in good order throughout the life of the grant. Round Rock Sec. 11.02. - Franchise; power of City Council. The City Council shall have power to grant, amend, renew or extend by ordinance all franchises of all public utilities of every character including any person, business or corporation providing cable television or community antenna television service, oper ating within the City, and for such purposes is granted full power. No public utility franchise shall be transferable except to persons, firms or corporations taking all or substantially all of the holder's business in the City and except with the approval of the City Council expressed by ordinance. No franchise shall be granted for an indeterminate term. No exclusive franchise shall ever be granted. (Charter amendment approved by voters January 20, 1996) Cedar Park Section 10.02 Power to Grant Franchises The Council shall have the power by ordinance to grant, renew and extend fran chises of public utilities operating in the City. With consent of the franchise holder, the Council may by ordinance amend franchises of public utilities, but no franchise may be granted for an indefinite term and no franchise may be granted for a term of more than twenty (20) years. Page 32 of 56 New Braunfels Sec. 11.02. - Franchise, power of council. The City Council shall have power by ordinance to grant, amend, renew and extend, all franchise of all public utilities of every character operating within the City of New Braunfels. All ordinances granting, amending, renewing, or extending franchises for public utilities shall be read at two (2) separate regular meetings of the City Council, and shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until thirty (30) days after its final passage; and pending such time, the full text of such ordinance shall be published once each week for four (4) consecutive weeks in a newspaper in the City of New Braunfels, and the expense of such publication shall be born [borne] by the proponent of the franchise. No public utility franchise shall be granted for a term of more than twenty (20) years nor be transferable except with the approval of the City Council expressed by ordinance. Sugar Land Sec. 1.03. - General Powers. The City shall have all powers possible for a home-rule city to have under the Texas Constitution, the laws of the State of Texas, and this Charter, as fully and completely as though they were specifically enumerated in this Charter, including the power: (a)To annex an area for full or limited purposes as provided in this Charter and to disannex land.(b)To borrow money on the faith and credit of the City by the issuance and sale of bonds, notes, or other debt instruments;(c)To enact ordinances for the safety, health, and general welfare of the citizens;(d)To assess the owners of real property abutting upon a public highway or street for street improvements made thereon, in accordance with State law;(e)To the full extent allowed by law, to require that any person, utility, or company making use of the city's streets or property to provide any service to the public first obtain the written consent of the city by license, permit, franchise, ordinance or otherwise. A fran chise shall not be valid for more than fifty (50) years; and(f)To the full extent allowed by law, to regulate the rates, charges, fees, operations, and services of any person, utility, or entity providing water, wastewater, electricity, natural gas, teleph one, telecommunications, cable television, taxicab, bus, solid waste, transportation, or similar service to the public within the city. (Ord. No. 1178, § 1, 6-15-99; Ord. No. 1190, § 1, 8-3-99; Ord. No. 1448, 5-25-04) Fort Worth § 1 POWER OF CITY COUNCIL TO FIX AND REGULATE THE RATES, TOLLS AND CHARGES OF ALL PUBLIC UTILITIES IN THE CITY. The City Council shall have the power by ordinance to fix and regulate the p rice 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 charges of street railways and of all public buses, 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 every kind operating within the corporate limits of the City of Fort Worth. Richardson Section 12.03. - Power to grant a franchise. Page 33 of 56 Except as otherwise provided by state or federal law, the City of Richardson shall have the full power as now or hereafter granted under the Constitution and laws of the State of Texas by ordinance to grant, renew, amend and extend a franchise for public or private utilities of every character and consents and agreements as to all other users of public property, incl uding, but not limited to users of the public rights-of-way, streets and utility easements, operating within the city. (Ord. No. 4144, § 2(exh. A, 11-16-15) Carrollton Sec. 8.01. - Powers of the city. In addition to the city's power to buy, own, construct, maintain, and operate utilities, wi thin or without the city limits, and to manufacture and distribute electricity, gas or anything else that may be needed or used by the public, the city shall have further powers as may now or hereafter be granted under the Constitution and laws of the Stat e of Texas. As the trustee of the public properties within the city, the city shall have full power to manage the use and occupancy of public properties and to require the payment to the city of just and reasonable compensation for the use or occupancy of public property, including rights-of-way, by all persons, including public utilities and other providers of utility services. "Persons" as used in this Article VIII shall include governmental entities. "Utility services" and "public utility" as used in this Article VIII shall include providers of all electric, gas, water, wastewater, telecommunications, cable television, video programming and information services. (Adopted by electorate, 9-19-61; Am. Ord. 2364 passed 8-11-98; Am. Ord. 2627 passed 8-14-01) Page 34 of 56 87 Regulation of utilities is the subject of a separate ar- ticle in almost every charter in the state. Texas court cases indicate that a city’s authority to require a franchise from a public utility operating inside municipal boundaries is derived from the statute that grants the city exclusive control of the public streets. In the case of a home rule city, such power is derived from Article 1175, Vernon’s Annotated Civil Statutes. All three of the regulatory acts discussed below preserve the authority of a city to require franchise from public utilities. It should be remembered, however, that the right to operate a business in the nature of a public utility cannot be prohibited by a city; the city has only the power to regulate the use of its streets and alleys in the operation of such a business. The overall regulation of utilities, formerly the respon- sibility solely of the city, has changed in the past 30 years. Three different state agencies are involved now in utility reg- ulation–the Public Utility Commission (PUC) for electricity and telephone, the Railroad Commission (RRC) for gas utili- ties, and the Texas Commission on Environmental Quality (TCEQ) for water and sewer utilities. This chapter reviews the general regulatory environment for utilities and then examines some appropriate charter language. Early history of utilities in Texas The cities’ relationship with utility services is referred to several times in Dick Smith’s dissertation, “The Develop- ment of Local Government Units in Texas.” Smith points out that as far back as the days of the Republic, cities were be- ginning to levy license fees on businesses of various types. Houston’s special legislative charter issued by the Republic authorized “lighting of the streets” as one of its powers of the city. In the 1870s, cities were authorized to regulate railroads coming through town, including their speed and the construc- tion and lighting of crossings. Cities originally built small lighting plants to light the city; these were steadily bought by private operators who then dominated the marketplace from the 1800s to the present time. Franchises and rate regulation prior to 1975 From the beginning of regulation, cities were author- ized to require companies to obtain permission to use the pub- lic streets and right-of-way to conduct their businesses. Although exclusive franchises could not be granted, one elec- tric and one gas company (public or private) was usually the sole source of supply in any given city. With this privilege, the companies then agreed to regulation of rates, annual pay- ments of “street rental” charges, submission of annual reports to the city, and other regulatory restrictions. Lengthy provi- sions were placed in most early charters addressing every as- pect of these arrangements between the city and companies concerned. In rate regulation, cities were considered generally to be in a better position prior to state law changes made in the 1970’s and 1980’s. Before passage of the Public Utility Reg- ulatory Act (PURA) in 1975, the Gas Utility Regulatory Act (GURA) in 1983, and amendments to the Texas Water Code (1989), companies had to go to district court if they were dis- pleased with a decision of the city council on rate requests. Under the new legislation, appeals are directed to the Public Utility Commission (PUC), to the Railroad Commission (RRC), or to the Texas Commission on Environmental Quality (TCEQ). Public Utility Regulatory Act (PURA) of 1975 The first comprehensive state regulatory act, the Pub- lic Utility Regulatory Act (PURA), was passed in 1975. Article IV of PURA is devoted entirely to cities. The first statement emphasizes that no provision of PURA shall be construed as limiting the right of a city to grant or refuse franchises to use the streets and alleys within the city limits and to make charges for such use. Secondly, PURA continues the right of a city to en- gage rate consultants and other professionals to assist the city council in ratemaking proceedings. It also provides that the utility shall be required to reimburse the city for reasonable costs incurred for consulting any experts. Appeals from the ratemaking decision may be taken to the PUC (not district court) and may come from the com- pany, the city council, or citizens if the latter can secure a pe- tition. In actual practice, there is not much difference be- tween the actions of most cities that have retained original ju- risdiction and those that have ceded it to the PUC. In both cases, cities are joining with other cities in the same geograph- ical area of the state, and sometimes statewide, to employ ex- pert counsel to oppose rate and/or service requests that they feel are not in the best interests of their ratepayers in the city. This challenge to rate increases is now being mounted by cities before the PUC in virtually every case, instead of trying to defeat the utility in hearings at city hall. Gas Utility Regulatory Act (GURA) In 1983, the Texas Legislature enacted the Gas Utility Regulatory Act. GURA was enacted “to protect the public in- terest in the rates and services of gas utilities.” Article III of that act is entitled “Municipalities” and sets out the rights 16 Franchises Page 35 of 56 and responsibilities of cities in their relationship with gas companies serving their communities. GURA begins, as does PURA, with the statement that the act does not limit the rights and powers of cities to grant or refuse franchises to use the streets and alleys within its city limits. The act then declares that cities may require gas com- panies to furnish all necessary data in order for the city coun- cil to make a reasonable determination of rate base within the city. Further, the city may employ rate consultants, attorneys, auditors, and others necessary to conduct investigations and advise the governing body in its consideration of any matter brought before the council by the gas company, and the com- pany shall pay any reasonable costs of these services. Finally, the appeal procedure is like that under PURA. The appeal to the Railroad Commission may be made by the city, the gas company, or the citizenry upon the presentation of a petition. Other utility operations Telephone All telecommunication regulation is now under the PUC. Cities no longer have the right to regulate these rates, but are entitled to right-of-way compensation under Chapter 283 of the Local Government Code. Cable television In the past, regulation of cable TV and video providers has moved back and forth between Washington and individual cities; the PUC never had any authority in this arena. Cable and video operations are now under Federal Communications Commission (FCC) regulation, with the PUC granting the au- thority to provide service in the state. As with telephones, cities are entitled to right-of-way compensation under Chapter 66 of the Utilities Code. Taxicabs/limousines These companies are subject to local regulation by the city council. Municipal utilities Electric The PUC has no control over rates charged customers inside city limits by municipally owned electric utilities. Arti- cle IV of PURA states that ratepayers of a municipally owned electric utility outside the city limits may appeal any action of the governing body affecting the rates of the municipally owned electric utility by filing with the PUC a petition for re- view signed by the lesser of 10,000 or five percent of the ratepayers served by such utility outside the municipal limits. The remainder of Article IV sets forth the procedures to be fol- lowed by the ratepayers and the city in the appeal of such rates. Gas GURA has a provision almost identical to PURA in re- gard to ratepayers of a municipally owned gas utility outside the city limits. Water and wastewater The Water Code has, in Section 13.082, provisions similar to PURA. Rates of municipally owned water and wastewater utilities are exempt from regulation by the TCEQ except for service furnished outside the city limits. The franchise article in a home rule charter In our survey and review of city charters, we found that 52 percent of the cities require a majority of the total council to award a franchise. The serious deliberation that one would expect of a decision of this consequence is chan- neled by the majority of cities through two, and in many cases, three required separate readings of the ordinance granting the franchise, with the last reading being at least 15, or more often, 30 days after the first reading. In addition to these pro- cedures, many cities require either the entire ordinance or a summary of the ordinance to be published in the official news- paper, one time a week, anywhere from one to four weeks. We did find a few charter provisions requiring a fran- chise to be submitted to a referendum of the voters if a peti- tion is presented by a certain number of signers. And the survey found a number of charter provisions that the city “shall have the right to buy, construct, lease, and maintain, operate and regulate public utilities.” Several charters specif- ically provided that: No franchise shall be granted, renewed, ex- tended or amended, except on condition that the city shall have the right at any time within five (5) years of the expiration of the term thereof to purchase the property of the franchise holder at a price to be determined according to the method agreed upon in the ordinance granting, renewing, extending, or amending the franchise. Our analysis of street rental fees revealed most city charters provide for collection of this fee but do not specify a rate. Most cities now collect two percent of gross receipts, but some cities collect as high as four percent per year. Keep in mind that cable/video, telephone, and electric franchise fees are now governed by state law. Thus, much of this infor- mation is based on older, preempted charter provisions. Water 88 Texas Home Rule Charters Page 36 of 56 Figure 16-1: Maximum franchise term 1998 2 0 0 8 10 years 1% 1% 15 years 2% 1% 20 years 25% 21% 25 years 17% 13% 30 years 15% 10% 31 plus years 10% 6% Not specified in charter 30% 48% TOTAL CITIES 100% 100% Franchises 89 and/or gas franchises may be the most prominent exceptions. The original version of this book quoted extensively from ex- ample, perhaps outdated, charter language regarding fran- chises. Because of recent state law changes in this area, a city planning to adopt or amend a charter should visit with local legal counsel regarding franchises. A tally of the figures in number of years for which for which a franchise could be awarded gave these results: Municipally owned utilities Several charters contain an article or, sometimes, just one section on the city’s own utilities. The most common sec- tion is one regarding financial statements for municipally owned utilities. The provision below is found in quite a few charters: Sec. 10.10. Accounts of municipal owned utilities. Accounts shall be kept for each public utility owned or operated by the city, in such man- ner as to show the true and complete finan- cial results of such city ownership and operation, including assets, appropriately subdivided into different classes, all liability subdivided by classes, depreciation reserve, other reserves, and surplus; also revenues; operating expenses including depreciation, interest payments, rental, and other disposi- tion of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions, and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service fur- nished to or rendered by any such utility to any other city or governmental department. The council shall annually cause to be made by a certified public accountant, and shall publish, a report showing the financial con- dition of said public utility and the financial result of such city ownership and operations, giving the information specified in this sec- tion and such additional data as the council shall deem expedient. Summary Franchises are like long-term general obligation bonds–the city has made a commitment binding the current city council and councils for years to come. Common sense and public duty dictate prudent action on franchises only after getting the best advice available. Such action should result in the best possible decision for the present and the future. Page 37 of 56 City of Georgetown, Texas Charter Review Committee May 18, 2021 S UB J E C T: Dis cus s io n of p o s s ib le amend ment of C ity C harter, S ec tion 3.01. – G eneral elec tio ns – S kye Masson, C ity Atto rney IT E M S UMMARY: F IN AN C IAL IMPAC T: NA S UB MIT T E D B Y: Mayra C antu, As s is tant to the C ity Manager AT TAC H ME N T S: D escription Type Sec. 3.01 General Elections Exhibit Page 38 of 56 2021 Charter Review Committee Amendment Review Coversheet Item. __ Discussion of possible amendment of City Charter, Section 3.01. – General elections – Skye Masson, City Attorney 1. Current charter language Sec. 3.01. - General election. The regular City election shall be held annually on the first Saturday in May or on such date as is otherwise required by State law, at which time officers shall be elected to fill those offices which become vacant that year. Said election shall be ordered by the Mayor, and in case of the Mayor's failure to order the same, the Council of the City shall make such order. In the case of the inability of the Mayor and the Council to act, the election may be called by the City Secretary, and in case of the City Secretary's inability to act, by the County Judge of Williamson County, Texas, and in case of the County Judge's inability to act, by the Governor of the State of Texas. The Mayor of the City shall give notice of such election in the manner required by law. 2. Summary of legal issues if any N/A 3. Data from TML Survey Date of Election # of Cities from TML Survey May 182 April 2 November 4 December 1 4. Excerpts from benchmark cities with sample language to the extent they have it El Paso Section 2.1 - CITY ELECTIONS. Regular Elections. The regular City elections to be held in 2015 and 2017 shall be held on the uniform date established in the Texas Election Code during the month of May with a run-off election to be held on the earliest date practicable in accordance with the law. These terms of elected office commence on the last Tuesday in June, or if necessary to comply with state or federal law, the Tuesday following the canvass of a run-off election, whichever is later. Beginning in 2018, the regular City elections shall be held on the uniform date established in the Texas Election Code during the month of November with a run-off election to be held on the earliest date practicable in accordance with the law. All terms of elected office beginning with the November 2018 election commence on the first Tuesday in January following the election, or if necessary to comply with state or federal law, the Tuesday following the canvass of a run-off election, whichever is later. Round Rock Page 39 of 56 Sec. 5.01. - City elections. (a) Schedule. The regular City Election will be held annually in accordance with the provisions of V.T.C.A., Election Code ch. 41. The City Council shall, by ordinance, establish the general election date. Elections for candidates who are unopposed may be canceled in accordance with the provisions of V.T.C.A., Election Code, ch. 2, subch. C. The City Council shall be responsible to specify places for holding such election. (b) Special Elections. The City Council may, by ordinance or resolution, order a special election under conditions specified elsewhere in this Charter, for initiative or referendum of ordinances, bond issues, Charter amendments, recall of the Mayor or Council members or other purposes deemed appropriate by the City Council. The City Council will fix the time and place for holding such special elections, and provide all means for holding same. Cedar Park SECTION 5.01 City Elections (a) Schedule: The regular City Election dates and polling locations shall be in accordance with State law. (b) Special Elections: The Council may, by resolution, order a special election under conditions specified elsewhere in this Charter, or for ordinances, bond issues, Charter amendments, recall or other purposes deemed appropriate by Council. The Council shall fix time and places for holding such special elections, and provide all means for holding same. (c) Voter Eligibility List: A certified list of voter registrants within the City, as prepared by the entity or department responsible for maintaining voter registration records pursuant to State law, shall be maintained current by the City Secretary. If, for a purpose relating only to a City election or to candidates or issues involved in such election, any organization, group or person requests a list of qualified voters of the City, permission to copy the current list shall be granted by the City Secretary. (d) Conduct and Regulation of Elections: All City elections shall be governed by the Constitution of the State of Texas, general laws of the State, this Char ter, and ordinances of the City. Municipal elections shall be conducted by the election officials appointed or approved by the Council. Sample ballots shall be posted in the voting place(s) for the purpose of voter orientation. New Braunfels Sec. 4.01. - Elections. Regular City elections shall be held annually on the uniform election date in May of each year as determined by future legislatures of the State of Texas, at which time officers will be elected to fill those offices which become vacant that year. The City Council may, by ordinance or resolution, order a special election, fix the date and place for holding same, and provide all means for holding such special election. Notice of the election shall be published in a newspaper published in the City of New Braunfels, such publication to be not earlier than the thirtieth (30th) day nor later than the tenth (10th) day before the election date or otherwise as provided by law. In the order, ordinance or resolution of the City Council calling any e lection at which a Councilperson shall be elected, the City Council shall, in calling such election, designate the Page 40 of 56 place on the ballot for each vacancy to be filled at such election. A regular election is defined as an election other than a primary election that regularly occurs at fixed dates. A special election is defined as an election that is not a regular election or a primary election. (Amdt. 2, Ord. No. 80-24, § 2, approved 8-9-80; Amdt. 1, Ord. No. 83-4, 2-14-83, approved 4-2- 83; Amdt. 1, Ord. No. 878-11, 2-9-87, approved 4-4-87; Amdt. 6, Ord. No. 93-22, approved 5-3- 93) Sugar Land Sec. 2.01. - Election and Term. (a)The council shall consist of a mayor and six (6) council members elected by the voters for a term of three (3) years, or until their successors have been elected and qualified. (b)The mayor and two (2) council members shall be elected at-large. The two (2) at-large council member positions shall be respectively designated as Position 1 and Position 2. The remaining four (4) council members shall be elected by districts, designated as Districts 1, 2, 3, and 4. The council shall modify the size, configuration, and geographic definition of the council districts as necessary to provide equal representation to all citizens of the city and t o comply with state and federal law. (c)The council shall serve staggered three-year terms. Council elections shall be held in May on the date specified by state law. A candidate must be elected to office by majority vote. If no candidate for office receives a majority vote, a run-off election shall be held as required by state law. The council shall be the judge of the election and qualifications of its own members.( d)A person may not be elected in a city election to any council position more than four times in any consecutive nine-year period. For purposes of this provision, district and at-large council member positions are aggregated, while the position of the mayor is considered a separate office from other council positions. (e)The city secretary shall promptly notify all persons elected to office. The persons elected shall take their oaths of office and begin their duties at the meeting at which the city council declares the results of the election. (Ord. No. 1178, § 1, 6-15-99; Ord. No. 1810 , § 3(Exh. A), 2-15-11; Ord. No. 1820, § 6(Exh. A, § 2), 5-24-11; Ord. No. 2219 , § 1(Exh. A, § 1), 12-15-2020) Fort Worth § 2 NO PRIMARY ELECTION TO DETERMINE NOMINATIONS; COUNCILPERSONS TO BE SELECTED IN GENERAL ELECTION BIENNIALLY. Primary elections to determine the selection of nominees for members of the City Council shall not be resorted to. There shall be but one (1) election, and that a general election, for the purpose of selecting members of the City Council, the same to be held biennially, on the fir st available election date in May specified in the Texas Election Code of odd-numbered years. Richardson Page 41 of 56 Section 4.05. - Election date. The city council general election shall be held biennially in the City of Richardson in each odd - numbered year on the uniform election date in May or other date as may be prescribed by state law. There shall be elected at that election six (6) city council members and the mayor. Carrollton Sec. 7.01. Election. The regular city election shall be held on a date specified by the council, at which time, officers will be elected to fill those offices that become vacant that year. The council may order a special election, set the time and place for holding same and provide all means for holding such special election. Page 42 of 56 City of Georgetown, Texas Charter Review Committee May 18, 2021 S UB J E C T: R eview of C ommittee recommend ations so far and s ummary presentatio n to C ity C o uncil - S kye Masson, C ity Atto rney IT E M S UMMARY: S taff will b e p res enting an up d ate and s ummary o f the work the charter review c ommittee has d o ne to the C ity C ounc il d uring works hop o n 5/25. F IN AN C IAL IMPAC T: NA S UB MIT T E D B Y: Mayra C antu, As s is tant to the C ity Manager AT TAC H ME N T S: D escription Type Summary of CRC Recommendations Pres entation Page 43 of 56 Skye Masson, City Attorney May 18, 2021 2021 Charter Review Update Page 44 of 56 Section 2.01. –Number, Selection, and Term of Office •Recommend having Councilmembers serve (3) 3 -year terms for a total lifetime limit of 9 years as a Councilmember, and as Mayor for (3) 3 -year terms for a total lifetime limit of 9 years as Mayor •Currently the Charter has no restriction on terms for either Councilmembers or the Mayor Page 45 of 56 Section 2.02. –Qualifications •Recommend update to comply with State law and reduce restriction on subsequent City employment from two years to one year •Relevant State law allows home rules cities to adopt age and residence requirements greater than those in state law, but such local provisions cannot require a candidate to be more than 21 on the first day of the term and cannot require residency in the district or the City for longer than 12 months immediately preceding election day.Otherwise, the local provision is void, and the applicable statute would apply Page 46 of 56 Section 2.03. –Vacancies •Recommend filling vacancy of terms with less than 12 months remaining without special election •State law generally requires vacancies be filled by a special election, but a home -rule city can establish alternative if less than 12 months remain in the term Page 47 of 56 Section 2.03. –Vacancies (Proposed Language) •Sec. 2.03. -Vacancies. •When the office of a council member becomes vacant, the following provisions apply: •If at the time of the vacancy more than twelve (12) months remain on the term, the Council shall within one hundred and twenty (120) days of the vacancy call a special election in compliance with Article XI, Section 11 of the Texas Constitution and other applicable State laws. •If, at the time of the vacancy, less than twelve (12) months remain on the term, the council shall within forty -five (45) days of the vacancy appoint a qualified person to fill the vacancy. Page 48 of 56 Section 2.06. –Mayor and Mayor Pro Tem •Recommend that the Mayor vote on all items considered by the City Council •Current Charter language allows the Mayor to vote only when there is a tie Page 49 of 56 Section 2.09. –Rules of Procedure •Recommend that all items require an affirmative vote of a majority of the Council present and voting •Current language is potentially unclear of whether the majority requirement applies to entire Council including the mayor and those members not present Page 50 of 56 Section, 2.10. –Procedure to Enact Legislation •Recommendations include: •Two readings required, but only one reading of the caption . •Notice of ordinances no longer published in newspaper instead require notice on City primary webpage or whatever is the primary City controlled contemporary means of information sharing. •Remove filing requirement in City Secretary's Office . •Current Language requires reading of caption twice, publication of caption at least 72 hours prior to first reading, and filing of ordinance in City Secretary office one week prior. Page 51 of 56 Section 8.03. –Franchise; power of the City Council •Recommend removing publication requirement for franchise agreement •Current charter language requires publication of all proposed franchise agreements for four weeks in between first and second reading. Page 52 of 56 Article IV. –Initiative, Referendum and Recall •Recommend amending petition requirements for initiative, referendum and recall to specify that it requires signature of 15% of the voters who actually voted in the last municipal general election, but not less than 250 •Current language requires 15% of the qualified voters in the last regular municipal election, but not less than 250 Page 53 of 56 Article VI. –Finance •No recommended changes, but encourage continued efforts on transparency and making information easy to find for the public Page 54 of 56 City Auditor •Recommend City Council consider creation of an internal City Auditor position reporting to the City Manager •This change does not require an amendment to the City Charter. Page 55 of 56 Questions? Page 56 of 56