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HomeMy WebLinkAbout1968 COMMUNITY BUILDING 1 May 22, 1968 Regular meeting of the Charter Revision Committee Wednesday, May 22, 1968, in the Community Building at 7:30 p.m. Present: Chairman Harpool, Stout, B. Davis, Nunley, Nelson, Ramsey, Speck, Gamble, Price, Orr, Thompson, Roberts, E. Davis, Kamp, Hamilton, City Attorney, City Secretary, 1, Motion was made by Stout, seconded by Orr, that the minutes of the meeting of May 8, 1968, be approved. Motion carried, 2. Motion was made by Stout, seconded by Roberts, to request Clovis Morrisson and Richard Johnston of the North Texas State University. faculty to research the constitutionality of stipulating that only real property owners be eligible for places on the City Council, Motion carried, 3. Motion was made by Thompson, seconded by Roberts, to hold the matter of eligibility of Councilmen in abeyance until the above research report is made. Motion carried. ' 9. The Committee discussed the Stout motion made at the meeting of 1 May 8 which related to Article 2, Section 2, 03, of the Charter, E rollowing discussion, a motion was made by Orr, seconded tv Stout, to table the above mentioned Stout motion and to obtain professional outside help, with the vote on the motion to be held after the professional { opinion has been heara. On roll-call vote, Speck voted "no", Nelson abstained, Orr voted "yes Stout, "no", Gamble, "no", Hamilton, "yes", B. Davis, "yes", Nunley, "no", Davis, "yes", Thompson "no", Roberts "yes", Kamp, "yos", Ramsey, "no", Price, "no", Harpool, "yes". The result of the vote was a 7-7 tie, The Stout motion was not tabled, 5. Stout withdrew his motion of May 8, relative to Article 2, Section 2. 03, t with the permission of Thompson, who had seconded this motion, 6. Motion was made by Nunley, seconded by Stout, that it be proposed that the Mayor be elected by all the electorate, On roll-call vote, Speck voted "yes", Nelson, "yes", Orr, "no,,, Stout "Yes", Gamble, ' "yes", Hamilton, "no", E, Davis, "no", Nunley, "yes", B. Davis, "yes", Thompson, "yes", Roberts, "yps.", Kamp, "no", Price, "yes", Ramsey, "yes", Harpool, "no". Motion carried, 10 to 5. Meeting adjourned at 10 p.m. City Secretary Chairman 4 1 I IV City of Denton Municipal Building, Denton, Texas OfflCt Of THS MA110 June 3, 1968 Mr. Tom Harpool, Chairman r Charter Revision Committee P. 0. Sox 599 " Dentcn, Texas Dear Mr. Harpool; Chartanal Duties of the CharterRRevision CommDefine ittee It was and is the intent of the City Council in appointing the Charter E f i Revision Committee that they to place such changes before ethehpublic. have sufficient public r The Council does not expect the Committee to express its personal philo to re a es for the public revision, but only to recall the ballot nur to do any political campaigning revisions that justify to public hearing and a possible place on . T e Council will consider that the Committee has discharged its duties 1 when it'preslants its report to the Council. Yours very truly, f eke Martin, Mayor l~ Ivtarvin Loveless, Councilman i T. J s, Counci an L. el on, Counoilman • Ale Finlay, M. D., Coun tman xM/cd i cot All Charter Revision Committee Members ~I i CHARTER it3VISIOZr COMMITTEE r July 31, 1968 Regular meeting of the Charter Revision Committee, Denton, Texas, Wednesday, July 31, 1968, at 7 p.m, in the Community Building, i Present: Chairman Thompson, Ramsey, Gamble, Stout, Nunley, Roberts, Speck, E. Davis, Hamilton, B. Dattis, Price, City Attorney, CitySecreta*y. I 1 Absent: Orr, Nelson. 1 1. Motion was made by B. Davis, seconded by Speck, that minutes of the 4f regular meeting of July 17, 1968, be approved. Motion carried. 2. City Attorney Jack Barton Introduced Mr. William Pitstick, Exe utive Director of the North Central Texas Council of Governments, and Mr. Charles I Wells, Assistant City Attorney of Dallas, as members of a panel to discuss ten I preliminary proposed changes in the City Charter. 3. A panel discussion ensued with Mr. Pitstick and Mr. Wells: M j PROPOSED CHARTER CHANGES PASSED BY THE 4 CHARTER REVISION COMMITTEE WITH PRELIMINARY VOTING I Item # 1. The Mayor to be elected by all of the electorate, Pitstick: Yes, this would be good. r Wells: This would be legal, i Item # 2. The Councilmen to consist of seven (7) members plus a mayor„ Pitstick: Recommended six (6) councilmen plus a mayor voting. Mayor should be a policy leader of a city. i Item # 3. Ownership of real property to be a requirement for a Council member. Pitstick: This is not necessarily a wise requiremont. This should I have additional study, Wells: Legally, it can be done. Item #4. Councilmen and Mayor to be elected by a majority vote, which could result in a run-off election. Pitstick: This is a very good proposal, WeIIs: No legal difficulty. I -x, I CHARTER REVISION COMMITTEE July 31, 1968 Item # 5, The Mayor would have no vote except in case of a tie. Pitstick: Mayor should have a vote. Wells: (Agreed) Item # 6. The Councilmen to be elected by place with Places I through 4 by precinct, Places 5 through 8 at-large, with Place 8 reserved for the Mayor. Both Councilmen and the Mayor will be voted on ~r•- by all the electorate, 1 ' Pitstick: Had reservations on the wisdom of electing by precincts. Wells: There are redistricting problems involved - Dallas redistricts every two years. l Item # 7. The Public Utilities Board to be appointed by the Council. Pitstick: Definit, ly favored appointment of Board by the Council. Wells: No legal comment. I v Item #8. City elections to be held on Saturday rather than Tuesday. M Pitstick: This is all right. No problem. Wells: Right to select clay of election :has been granted to cities, Item # 9. The City judge must be an attorney. Pitstick: This is desireable. i Wells: This is good. Item # 10. The City be prohibited from subscribing to the capital stock of any private corporation, association, or person, or make any appropriation or donation to same, or lend its credit in any way, Wells: This is a constitutional provision of the State of Texas. There is no need to add this to the ballot. Additional comments: Wells: I have reservations on Number 3. I suggest that 2, 4, 6, and possibly 8 could be so worded that they could be included in one change. Items 3, 5, 7, 9, and 10 should be submitted individually, i Pitstick: Suggested seven (7) councilmen, including mayor; 4 to be elected f one year and 3 the next, at-large by places but not by precincts, with f f Placo 1 reserved for the Mayor. Item 5 would not be rieco -,sary if I ~ h I CHARTER REVISION COMMITTEE July 31, 1968 suggestion for Item 2 was accepted. Items 7, 81 9, and 10 are . good proposals, but might want to make provision for Assistant Judge in Item # 9. 9. Motion was made by Stout, seconded by Nunley, to amend Section 10.12 to read, "that private property cannot be condemned for private use." Motion carried unanimously, (preliminary vote) with request that City Attorney present an opinion, Meeting adjourned at 10:10 p.m. I Chairman City Secretary i f 3, 1 CHARTER REVISION COMMITTEE August 7, 1968 Regular meeting of the Charter Revision Committee, Wednesday, August 7, 1968, in the Community Building, Denton, Texas. Present: Chairman Thompson, Ramsey, Stout, Nunloy, Roberts, Speck, E. Davis, Hamilton, B. Davis, Price, City Attorney, and r Administrative Intern. Ab,:ent: Gamble. i 1. Motion was made by Nelson, seconded by Speck, that the minutes of the meeting of July 31, 1968, be. approved, Motion carried. 21 Motion was made by Roberts, seconded by Nelson, to limit discussion of each of the ten items by any one person to three minutes. Motion carried. j 3. Items for Discussion: ` i a. Motion was made by Stout, seconded by Nunley, to recommend i to the Council that the Mayor be elected by the electorate. Motion carried. I f b. Motion was made by Speck, seconded by Nelson, to recommend that the Council shall consist of seven members including a mayor. Motion carried. C, Motion was made by Roberts, seconded by Thompson, to recommend that the Council members be required to be owners of real property in the City of Denton, in addition to other requirements. Motion defeated 10 to 2, with Roberts and Thompson voting "aye", d. Motion was made by Hamilton, seconded by Nunley, to recommend that the Council be elected by a majority vote, which could require a runoff 'E election. Motion carried. I e. Motion was made by Orr, seconded by Nunloy, to eliminate . Item No, 5: "The Mayor would have no vote except in case of a tie. " Motion carried. f, Matson was made by Stout, seconded by Speck, to recommend that the Council be elected by the place system having seven places at-large. Places 1-4 to be elected in even-numbered years, places 5-7 to be elected in odd numbered years, with place seven reserved for the mayor. Motion carried, VIP 0 a f i CHARTER REVISION COMMITTEE: ~ August 7, 1968 Continued, Page 2 g. Motion was made by Nunley, seconded by Ot , to recommend that the Public Utilities Board be appointed by the Council. Motion carried. h. Motion was made by B. Davis, seconded by Orr, to recommend that the City elections be held on the first Saturday, rather than the first Tuesday, of April. Motion carried. I . Motion was made by B. Davis, seconded by Nelson, to recommend f that the City Judge and Assistant City judge he required to be a licensed attorney of the State of Texas. Motion carried. J. Motion was made by Stout, seconded by Roberts, to recommend that the City be prohibited from subscribing to any capital stock of any private corporation, association, or person, or make any appropriation or to donate to same, or lend its credit in any way. On roll call vote, Ramsey voted "aye", Nunley voted "aye", Orr voted "no", Nelson voted "no", B. Davis voted "no", Roberts voted "aye", Speck voted "no", Hamilton voted "no", E. Davis voted "no", Stout voted ; "aye", Price voted "aye", and Thompson voted "aye". Motion was defeated M 6to6. I ' I k. Motion was made by Stout, seconded by Hamilton, to delete Section 10. 12 from the Charter. On roll-call vote, Ramsey voted "aye", l Nunley voted "aye", Orr voted "aye", Nelson voted "aye", B. Davis voted "aye", Roberts voted "aye", Speck voted "ayb", Hamilton voted "aye", E. Davis voted "aye", Stout voted "aye", Price voted "aye", and Thompson voted "aye". Motion carried, I 4, Motion was made by B. Davis, seconded by Orr, that the Committee go on record in expressing appreciation to Jack Barton and Brooks Holt for their contributions of time in meeting with the Committee. Motion carried. Meeting adjourned at 9;30 p.m. I Chairman i City Secretary r-~-~~~ ~ ! _ ~\~T _~a'f. i'ce' ~ R _ r ,_-'-rr~ 2 l N PROPOSED CHARTER CHANGES PASSED BY THE CHARTER REVfSiON COMMITTEE WITH PRELIMINARY VOTE 1, The Mayor to be elected by all of the electorate. 2. The Councilmen to consist of seven (7) members, plus a Mayor, 3. Ownership of real property to be a requirement for a Council member. A. Councilmen and Mayer to be elected by a majority vote, which could require a run-off election. 5. The Mayor would have no vote except in case of a tie. 6. The Councilmen to be elected by place with Places 1 through 4 by precinct, Places 5 through 8 at-large, with Place 8 reserved for the Mayor. Both Councilmen and the Mayor will be voted on by all the electorate. 7. The Public Utilities Board to be appointed by the Council. ` 8, City elections to be held o'., Saturday rather than Tuesday. ' I g, The City judge must be an attorney, ~ 10, The City be prohibited from subscribing to the capital stook of any private corporation, association, or person, or make any appropriation or donation to same, or lend its credit in any way, j February 9, 1965 F { Mr. L. M, Crow, Jr, City Manager City of Big spring Big Spring, Texas € Dear Larry, lI It was nice to sea you in Austin, and I am more than glad to help you all { I can on your charter provisions; but I would say that you have an almost Insurmountable twik to gut one ready by election time, We have, I think, a quod charter with certain exceptions; and I will o through it briefly and point out those I think need to be changed. Wo like four Councilmen and a Mayor, and we especially like the idea of the Councilmen electing the Mayor from among its members, As you well know, this is a local thing, One thing that 1 would like to see people in ours in Section 5, 05, I think the City Mena eout r of charters tIs Included he authority to create whaEever departments he thinks are necessary. d have trlso Section 6.01 r don't see any harm in having the City Attorney res on- sible and appointed by the City Manager, p In Section 7. 10, paragraph b I think that $2,500 is a more reasonable figure, a In Section 8, 03 I think that 60 days is much too early to present to the Council a completed budget, It hers been m practice Council to such an extent that by the time the budget Is~ff work finished with aware of everything in it and ready to adopt it, In my particular case, 30 flays prior to the end of the faecal year would be plc.ity of time to present them with the finished budget, y.. Page 2 J February 9, 1965 1I Mr, L. M. Crow, pr. 1 Section 10.01 Here again In the problem of someone else determining what departments you will have. In our organization now, we have a Department of Community Development which includes the Planning and Zoning function, Alen, in this light I think our, charter probably gives too much authority to the Planning and Zoning Commission and reflects a local situation that existed here prior to adoption of the Council-Manager government. 1 Article 12 I can save you the trouble of reading by recommending against I a Utilities Board. Let me revert to Section 1.06 and you can discuss this with your City Attorney, but recent court cases indicate that the Section on liability should include a provision for death as well as personal injury and property damage. Other than that, I think we have a good charter and I wish you luck. If I can be of further help to you, don't hesitate to lot me know. Sincerely, 1 ;faok Reynolds IDity Manager F XR/orn r'nelasure r ~ I t~ I i i~, _ t, N P`; ~V ~S' rte pS i'? 4 ~t)r 11 r i t / i yhfh . , $~~~y ~_-_-_-THE CITY O F BIG S PR 1 N G _ _ _ ~~'~'~~~.4~~ B1G SPRING, TEXAS r~ {4e January 28, 1965 OFFICE OF FNE CI1F MANAGER / _ , ~Gfl f Mr. Jack Reynolds City Manager 221 N, 1;1m Street Denton, Texas Dear Jack; We are now In the process of a charter study with the Idea of a revision In the April election, Could you please send me a co ~ ~ py of your charter In a hurry, Also, I would appreciate any comments you may have regarding wlZat you mlghi consider either good or bad points of your charter and your suggestions. Thank you for your help, Slncore , I ~ I C~ ~ ~ ~ L. CR JR, pity A~a alter ~ I L1vlC/pk i "OUR MAST Efi PLAID INCLUUCS YOU"