Proposed Amendments to the Glenn Heights City Charter
(Prepared from the final report by the Council Appointed Charter Review Committee with the exception of Amendments #7 and #15 which were suggested by staff.)
Amendment #1 Suggested Ballot Wording:
Authorize the correction and, or clarification of typographical errors, unnecessary gender references, and grammar choice without affecting the intent of the City Charter as originally adopted. Also authorizes the removal of obsolete text, text that is not in accordance with state or federal laws, and the making of minor changes for clearer interpretation.
Description of changes:
Examples include typo's, references of individuals as he, and various grammar changes suggested by staff, the attorney, the Council, and the review commission. A complete list to be provided by the City Attorney and approved by the Council prior to the election.
Amendment #2 Suggested Ballot Wording:
Establish that all annexations or dis-annexations be conducted and governed solely by state law.
Description of changes:
This will remove the entire text of Section 1.07 Annexation and Dis-annexation and place state law as the sole authority governing this section or delete entirely if possible.
Amendment #3 Suggested Ballot Wording:
Establish if an elected City official becomes a candidate for nomination or election to any publicly elected office, other than re-election to the same position, he/she shall forfeit the position with the City effective immediately upon filing as a candidate for nomination to such public office.
Description:
This would apply at:
Section 2.02 Prohibiting Holding or Running for Other Office.
Amendment #4 Suggested Ballot Wording:
Clarify that a person previously convicted of a felony is not eligible to serve as Mayor or a member of the City Council.
Description of Changes:
While insuring the forfeiture of office by anyone convicted of a felony, Section 2.03 did not specifically list a felony conviction as a disqualifying issue. This makes it very clear.
Amendment #5 Suggested Ballot Wording:
In the event a vacancy occurs in the office of Mayor or Council from any cause whatsoever, the vacancy will be filled by the affirmative vote of at least five members of the Council. In the event that five (5) votes cannot be obtained for a replacement within 30 days, a special election shall be called on the next date permitted by law for the purpose of filling the position for the remainder of the unexpired term.
Description:
This would apply at Section 2.05 Vacancies
Amendment #6 Suggested Ballot Wording:
Establish that the City Manager, or his/her designee, be the Emergency Management Coordinator and require that the Mayor rely on the assistance and advice of trained staff during times of declared emergency.
Description:
This would apply to Section 2.07 Mayor-Mayor Pro Tem, and to Section 5.02 Powers and Duties of the City Manager.
Amendment #7 Suggested Ballot Wording:
Establish that four (4) members of the seven (7) member City Council constitute a quorum to do business, and establish that the affirmative vote of at least four (4) of those attending any meeting be required for passage of any ordinance, resolution, contract, or agreement.
Description:
This would apply to Section 2.11 Rules of Procedure
Amendment #8 Suggested Ballot Wording:
Establishes State law as the sole governing authority for the setting of dates, establishing application forms, and establishing wording on ballots for all municipal elections.
Description:
This would allow Section 3.03 Filing for Office, and Section 3.04 Official Ballot to be in compliance with current state law and to avoid conflicts with future law changes.
Amendment #9 Suggested Ballot Wording:
Provide Charter authority for the City to maintain a Police Department, establish and maintain a Reserve Force and provide Emergency Medical Services.
Description:
This would apply to Section 5.09 Fire Department and establish a Section 5.10 Police Department.
Amendment #10 Suggested Ballot Wording:
Establish authority for the City Council by ordinance to provide for the appointment of one (1) or more judges to serve if the Municipal Judge is temporarily unable to act. Also establishes that the proceedings of the court be governed by current state law.
Description:
This would remove the Mayor as the alternative judge in Section 6.02 Judge of the Municipal Court, and would alter Section 6.04 Procedure in the Municipal Court to reflect reference to state law.
Amendment #11 Suggested Ballot Wording:
Establish that all sales of city property, purchases made, and contracts executed by the City shall be made in accordance with the requirements to the Constitution and laws of the State of Texas.
Description:
This allows flexibility to changing dollar values set for bidding requirements under state law and would remove all text from Section 7.14 Purchase Procedure other than the first sentence.
Amendment #12 Suggested Ballot Wording:
Establish that no more than two (2) members of the seven (7) member Planning & Zoning Commission can be appointed from the same subdivision without a 2/3 majority vote of the City Council.
Description:
Section 10.01 The Planning & Zoning Commission. This would address the apparent concern that zoning issues, which are geographical in nature, must be objectively decided by a planning commission based on the best interests of the entire city rather than the interests of a small area of the City. However, the 2/3 override provision would allow for exceptions when deemed appropriate by the Council.
Amendment #13 Suggested Ballot Wording:
Establish that Conflict(s) of Interest issues be governed by current state law.
Description:
This would remove the text of 13.02 Personal Interest in City Contracts and replace it with reference to Chapter 171 of the Local Government Code.
Amendment #14 Suggested Ballot Wording:
Establish that no person who is related to the Mayor, Council Members, or any staff member within the second degree by affinity, or the third degree of consanguinity be appointed to any board or commission or be employed by the City.
Description:
This would apply to Section 13.03 Nepotism.
Amendment # 15 Suggested Ballot Wording:
Extend the terms of Council Members and Mayor to three (3) years beginning with Places 1, 3, & 5 elected in May of 2001 and applying to Places 2, 4, 6, and Mayor elected in May of 2002.
Description:
This would apply to Section 2.01 Terms of Office.
A City Charter in Texas can be amended no more than every two years. Our charter has never been
amended but can be at the next City Election if the Council decides to make it a ballot issue. What do
you think about these amendments? Do you want to suggest others? Please give your feedback.
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