HomeMy WebLinkAboutRes 2011-08-10 Final Report of Charter Review Commission.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-08-10
A RESOLUTION OF THE CITY OF ANNA, TEXAS RECEIVING THE FINAL REPORT
OF THE CHARTER REVIEW COMMISSION AND ORDERING PUBLICA l"ION OF
SAID REPORT
WHEREAS, In accordance with the City of Anna, Texas Home-Rule Charter (the
"Charter"), the Charter Review Commission (the "Commission") hereby reports to the
City Council of the City of Anna, Texas (the "City Council") that it has fully discharged its
duties as set forth in Section 11.07 of the Charter and hereby reports the Commission's
findings and recommendations to the City Council; and
WHERAS, the Commission, an advisory body, assembled periodically in meetings that
were duly noticed and open to the public and has developed a series of recommended
amendments to the Charter, as set forth in this report; and
WHEREAS, the members of the Commission have duly authorized the Commission's
Chairman to provide this report to the City Council;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Receipt of Report and Order of Publication
The City of Anna City Council hereby receives the Commission's report, attached hereto
as EXHIBIT 1, incorporated herein for all purposes and orders the publication of said
report summary as required in the Charter.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 23 rd
day of August, 2011.
ATIEST:
Res. 2011-08-01 Receipt of CR GE 1 OF 1 08-23-2011
and publication thereof
CITY OF ANNA CHARTER REVIEW COMMISSION
MEMORANDUM REPORT
TO: Hon. Mayor Darren Driskell and City of Anna City Council Members
FROM: Ty Chapman, Chairman, Anna Charter Review Commission
DATE: August 15, 2011
RE: (1) Report on Findings; and (2) Comprehensive Summary for Publication
1. REPORT ON FINDINGS:
a. Introduction
In accordance with the City of Anna, Texas Home-Rule Charter (the "Charter"), the Charter
Review Commission (the "Commission") hereby reports to the City Council of the City of Anna,
Texas (the "City Council") that it has fully discharged its duties as set forth in Section 11.07 of
the Charter and hereby reports the Commission's findings and recommendations to the City
Council. The Commission, an advisory body, assembled periodically in meetings that were duly
noticed and open to the public and has developed a series of recommended amendments to the
Charter, as set forth in this report. The members ofthe Commission have duly authorized the
Commission's Chairman to provide this report to the City Council.
b. list of Charter Provisions Recommended for Amendment
i. Section 3.01(b) -Staggering of City Council Elections
ii. Section 3.05(d) -Filling of City Council Vacancies
iii. Section 3.06(10) -Design of Structures; Abatement of Dangerous Structures
iv. Section 6.09(b) -Vacancies Created by Recall Election
v. Section 8.01(b) -Appointments to Boards and Commissions
vi. Section 9.01(c) -Meetings of Planning & Zoning Commission
vii. Section 12.09 -Disaster Clause
c. Description of Amendments
i. Section 3.01(b) -Staggering of City Council Elections. Currently, City Council elections
occur in three-year staggered cycles. In year one, the Mayor and three Council places
are elected. In year two, the other three Council members are elected. In the final
year of the election cycle there are no elections. This presents the potential that as
many as four positions on the Council could change in the first year of the cycle. The
Commission is concerned that such a large turnover could lead to instability in policy
and general direction ofthe City. The Commission recommends that the Charter be
amended so that there is a regular election every year, which would reduce the
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number of potential turnover from a maximum of four positions to a maximum of
three positions in the first year of the election cycle and a maximum of two positions
in the second and third years of the election cycle. Instituting such staggering would
require some Council members to serve an additional year on current terms or require
some new elections for shortened terms before all City Council members would
eventually serve three-year terms. The Commission has no recommendation as to
which positions should be lengthened or shortened to achieve the staggering.
ii. Section 3.05(d) -Filling of City Council Vacancies. Section 3.05(d) includes a sentence
that relates to the appointment of vacancies on the Council by the remaining Council
members. This sentence appears to be a remnant from the original adoption of the
Charter in 2005, when Council member terms of office were only two years. When the
Charter was amended to increase Council member terms to three years, this sentence
should have been removed as the Texas Constitution requires all vacancies to be filled
by an election, rather than by appointment. While the inclusion of the sentence is
legally inconsequential, it could cause confusion. The Commission recommends that
the Charter be amended to remove the referenced sentence.
iii. Section 3.06(10) -Design of Structures; Abatement of Dangerous Structures. This
provision currently requires the Council to adopt rules requiring fire proof structures
and uses outmoded and redundant language, for example, referencing both "buildings
and structures." The Commission recommends that the language be streamlined and
that "fireproof buildings" be amended to read "fire-resistant structures."
iv. Section 6.09(b) -Vacancies Created by Recall Election. Similar to the issue raised with
regard to Section 3.05(d), there is a fragment in this provision, namely, "by the City
Council" that should be removed to clarify the fact that vacancies on the City Council
must be filled by elections, not appointments.
v. Section 8.01(b) -Appointments to Boards and Commissions. The Commission
recommends that the Charter be amended to allow persons that are qualified to vote
in statewide and county elections and who reside in the City's extraterritorial
jurisdiction be permitted to serve on Boards and Commissions appOinted by the
Council, including without limitation the Planning & Zoning Commission, the Board of
Adjustments, the City's development corporations, the Parks Board, etc. The
recommended amendment would restrict the numbers of appointments of such
persons so that a majority of the appointees of each such board or commission
resides within the City's corporate limits.
vi. Section 9.01(c) -Meetings of Planning & Zoning Commission. The Charter currently
requires the Planning & Zoning Commission to elect from its members a Chairman, a
Vice Chairman, and Secretary in July of each year. The Commission recommends that
this provision be amended so that said officer positions may be elected during the
subsequent meeting of the Planning & Zoning Commission that follows the month of
July if there is no July meeting.
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vii. Section 12.09 -Disaster Clause. The Disaster Clause currently provides that if there are
multiple deaths or injuries to City Council members so as to prevent a legal quorum, a
temporary commission may be appointed to act and call a special election. The
Commission recommends that in addition to this clause being triggered by deaths and
injuries, it also include as a trigger absence of members caused by or in the wake of a
disaster.
d. Proposed Text of Amendments
i. Section 3.01(b) -Staggering of City Council Elections.1
(b) Terms of the Council Members are staggered so that every third year there ' ....ill be
no regular election of Council Members. The and the staggering of terms will be
initiated as follows:
(1) in the May 2.QQ9 2012 election, voters will elect Council Members for Places-±,-3
and 5, and the Mayorl. each for three-year terms;
(2) The Council Member serving a three-year term for Place 1 that would have
expired in May 2012 shall continue to serve in said Place until the May 2013
election;
ill~ in the May ~2013 election, voters will elect a-Council Member~ for Placetl
and 2, 4, and 9, each for three-year terms;
(4) Council Members serving three-year terms for Places 4 and 6 that would have
normally expired in May 2012 shall continue to serve in said Places until the May
2014 election;
(5) in the May 2014 election, voters will elect Council Members for Places 4 and 6,
each for three-year terms; and
f.§l~ all subsequent regular City Council and Mayoral elections will be for three-year
terms.
ii. Section 3.05(d) -Filling of City Council Vacancies.
(d) If for any reason a single vacancy or multiple vacancies exist on the City Council, the
vacancy must be filled by majority vote of the qualified voters at a special election
called for such purpose within 120 days after such vacancy occurs as required by
Article XI, Section 11; of the Texas Constitution. The appointee must meet the
qualifications referenced in Section ~.02 of this Charter. The person elected to fill
the vacancy serves until the next regular municipal election for that Place on the
Again, the Commission takes no position on which Council member positions or places are lengthened or
reduced. The proposed text of the amendment is intended only by way of an example showing one manner
in which to implement the proposed staggering of terms, and the Commission fully anticipates that the City
Council will make any appropriate adjustments as it deems desirable.
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City Council. If the position of Mayor becomes vacant, then the City Council must
as soon as is practicable after a Mayor is elected to fill the vacancy-elect the
positions of Mayor Pro-Tem and Deputy Mayor Pro-Tem.
iii. Section 3.06(10) -Design of Structures; Abatement of Dangerous Structures.
(10) provide for the establishment and designation of fire limits and prescribe the kind
and character of buildings or structures or improvements to be erected; provide for
the erection of fire-resistant structures fireproof buildings within certain limits; and
provide for the abatement condemnation of dangerous structures of buildings or
dilapidated structures buildings or buildings calctllated to increase the fire hazard,
and the manner of their remo\'al or destrtlction;
iv. Section 6.09(b) -Vacancies Created by Recall Election.
(b) If a majority of the votes cast at such election are "Yes" votes-that is, vote in favor
of recalling the person named on the ballot-the officer is, regardless of any
technical defects in the recall petition, deemed removed from office and the
vacancy must be filled by the City Cotlncil as provided in this Charter.
v. Section S.01(b) -Appointments to Boards and Commissions.
(b) Individuals who are qualified to vote in Texas elections and who reside '1oters in the
City or in the Citis extraterritorial jurisdiction may be appointed by the City Council
to serve on one or more boards, commissions or committees. The City Council must
make such appointments in a manner that results in the membership of each board,
commission or committee being composed of at least a majority of individuals
residing within the City. Such appointees serve at the pleasure of the City Council
and may be removed at the discretion of the City Council. Appointees must be
removed and replaced when necessary to ensure that the membership of each
board, commission or committee is composed of at least a majority of individuals
residing within the City. Except as otherwise provided in this Charter, members of
any such board, commission or committee serve without compensation but may be
reimbursed for actual expenses as approved by the City Council.
vi. Section 9.01(c) -Meetings of Planning & Zoning Commission.
(c) No member may serve on the Commission for more than three completed
consecutive terms, exclusive of any unexpired term to which the member may have
been appointed to fill due to a vacancy on the Commission. Any vacancy occurring
during the unexpired term of a member may be filled by the City Council for the
remainder ofthe unexpired term. In July of each year, or during the Commission's
next meeting after July if the Commission does not meet in July, the Commission
must elect from its members a Chairman, Vice Chairman, and Secretary to serve for
one year beginning in that month. Members of the Commission may be removed,
without cause, by an affirmative vote of a majority of the full membership of the
City Council.
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vii. Section 12.09 -Disaster Clause.
In case of disaster when a legal quorum of the City Council cannot otherwise be
assembled due to multiple disaster-related absences, deaths or injuries, the
surviving persons of the City Council, or highest surviving City official if no elected
official remains, must within 24 hours of such disaster, request the highest surviving
officers of the local Chamber of Commerce and the Board of Trustees of the local
school district, and the County Judge of Collin County to appoint a commission to
act during the emergency and call a City election within 15 days of such disaster, or
as provided in the Texas Election Code, for election of a required quorum, if for
good reasons it is known a quorum of the present City Council will never again
meet.
2. COMPREHENSIVE SUMMARY FOR PUBLICATION
The Comprehensive Summary of the Commission's recommended amendments is as set forth in
Section 1.c. i.-vii of this report.
3. CONCLUSION
The Commission would like to thank the City Council for the opportunity to provide support in
the process of the City's review of the Charter and believes that this report contains beneficial
advice for the City Council's consideration.
Respectfully Submitted,
77~
Ty Chapman, Chairman
Charter Review Commission
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