Agenda Packet TC 10/08/2007 - Town Hall Meeting 1
Town of Trophy Club
Town Hall Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, October 8, 2007
7:00 P.M.
A.1 Staff presentation and discussion of the proposed Charter amendments that will
be considered on the November 6th, 2007 ballot.
B.1 Receive citizen input regarding the proposed Charter amendments that will be
considered on the November 6th, 2007 ballot.
C.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-8-2007
Subject: Agenda Item No.A.1
Staff presentation and discussion of the proposed Charter amendments
that will be considered on the November 6th, 2007 ballot.
Attachments: 1. Propositions
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Charter Election Information
A Town Hall Meeting will be conducted at 7:00 p.m. Monday, October 8, 2007 in the
Svore Municipal Building to explain the Ballot language for the purposed Charter
amendments.
The following are proposed amendments that will be voted upon on November 6th. You
will be asked to vote either For or Against on each proposition:
Please contact Town Secretary, Lisa Ramsey if you have any questions regarding the
Propositions.
Section 6.01 Proposition No. 1:
An amendment to sections 3.12, 3.16(b), and 3.17 to provide that every ordinance,
resolution, motion or action of the Town Council shall require passage by the affirmative
vote of a majority of the Council qualified to vote unless a different number is specifically
required by law or Charter.
[ ] FOR
[ ] AGAINST
If Proposition No. 1 is approved by the majority of voters voting at the Election, Article
III, Sections 3.12, 3.16(b) and 3.17 of the Town Charter, will be amended to read:
3.12 Quorum
A majority of the Council, not including the Mayor, shall constitute a quorum to do
business. A number less than a quorum may adjourn from time to time and compel the
attendance of absent members. Except as otherwise specifically provided herein or as
provided by law, three (3) Council members, shall constitute a quorum for the purpose
of transaction of business and no action of the Council shall be valid or binding unless
adopted by the affirmative vote of a majority of the Council qualified to vote, or as
specifically required by State law or this Charter. If the Council is reduced to less than
three (3) members on account of vacancies, the remaining members shall constitute a
quorum for the sole purpose of calling an election.
3.16 Procedure for Enacting Ordinances and Resolutions; Publications
(b) All ordinances shall be considered and passed in open meeting of the Council. All
persons interested shall have the opportunity to be heard. The Town Attorney shall
opine as to legality all ordinances prior to final adoption. Every ordinance, resolution or
motion shall require on passage the affirmative vote of a majority of the Council
qualified to vote unless more is required by State law.
3.17 Emergency Ordinances
The Council may adopt emergency ordinances only to meet public emergencies
affecting the life, health, property or the public peace in accordance with State law. In
particular, 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. An emergency ordinance
shall be introduced in the form and manner generally prescribed for ordinances, except
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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. An emergency ordinance can be adopted with
or without amendment or rejected at the meeting at which it was introduced. The
affirmative vote of a majority of the Council qualified to vote shall be required for
adoption. After adoption the ordinance shall be published as required by law, but may
become effective immediately upon enactment.
Reason for amendment: Several years ago the Council was functioning with only 4 at
large members because of a resignation of one Council member. Because we could not
appoint a replacement or hold an election for some period of time, Council found it self
in a situation where we would have a quorum but could not pass any ordinance. This
amendment would resolve this particular situation.
Section 6.02. Proposition No. 2:
An amendment to section 4.07 of the Town Charter transferring the authority to appoint
the Town Secretary from the Town Council to the Town Manager with the Council being
required to approve the appointment by a majority vote.
[ ] FOR
[ ] AGAINST
If Proposition No. 2 is approved by the majority of voters voting at the Election, Article
IV, Section 4.07 of the Town Charter, will be amended to read:
4.07 Town Secretary
The Town Manager shall appoint a Town Secretary, with such appointment being
subject to approval by majority vote of the Council qualified and serving. The Town
Secretary shall act as the Secretary to the Council and shall hold office at the pleasure
of the Council. He shall be entitled to a seat at the Council table at all official meetings.
Reason for amendment: As the Council has gone through the interview and review
process of the Town Manager, Town Attorney and Town Secretary, we have found it
somewhat difficult to do group interviews and performance reviews. Because the
Charter gives the responsibility of running the town to the Town Manager, this change
would allow the Town Manager to interview perspective applicants for the position of
Town Secretary, select an applicant and make a recommendation to the Council.
Section 6.03. Proposition No. 3:
An amendment to sections 6.01 and 6.03 of the Town Charter providing that any
elected Town official, including those appointed to elected positions, may be subject to
recall on any one or more of the following grounds: incompetence, misconduct,
malfeasance in office, or knowing or intentional violations of the Charter, providing
definitions of the terms incompetence, misconduct and malfeasance, and requiring that
a recall petition specifically state each ground with enough certainty as to give the
Officer sought to be removed notice of the matters and things with which he is charged
on each ground.
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[ ] FOR
[ ] AGAINST
If Proposition No. 3 is approved by the majority of voters voting at the Election, Article
VI, Sections 6.01 and 6.03 of the Town Charter, will be amended to read:
6.01 Scope of Recall
Any elected Town official, whether elected to office by the qualified voters of the Town
or appointed by the Council to fill a vacancy, shall be subject to recall and removal from
office by the qualified voters of the Town on any one or more of the following grounds:
incompetence, misconduct, malfeasance in office or who knowingly or intentionally
violates any provision of the Charter.
In this section:
A. "Incompetence" means (a) gross ignorance of official duties; or (b) gross
carelessness in the discharge of official duties; or (c) inability or unfitness to
promptly and properly discharge official duties because of a serious mental or
physical defect that did not exist at the time of the officer's election. The term is used
in a sense that the Town official has exceeded his or her authority by defying or
overruling lawful actions done by the Town Council.
B. "Official misconduct" means intentional unlawful behavior relating to official duties by
a Town Official entrusted with the administration of justice or the execution of the
law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town
Official to perform a duty imposed on the officer by law.
C. "Malfeasance" means the doing of an act by a Town Official through ignorance,
inattention, or malice, which act the official had no legal right or authority to do, or
which act exceeds or abuses the official's rightful authority or powers; or the failure
to do an act which the Town Official had a legal duty to do.
6.03 Form of Recall and Oath.
The recall petition must be addressed to the Council, must distinctly and specifically
state the ground or grounds upon which such petition for removal is predicated in order
to sufficiently provide notice of the matter with which the Officer is charged and, if there
be more than one (1) ground specified, such petition shall specifically state each ground
with such certainty as to give the Officer sought to be removed notice of the matters and
things with which he is charged on each ground. The signature shall be verified by oath
in the following form:
STATE OF TEXAS § COUNTY OF ____________§ I, _____________________, being
first duly sworn, on oath depose and say that I am one of the signers of the above
petition and that each signature appearing thereto was made in my presence on the day
and date it purports to have been made, and I solemnly swear that the same is the
genuine signature of the person whose name it purports to be.
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____________________________________ Subscribed and sworn to before me this
________ day of ________________, 20__.
____________________________________ Notary Public, __________County, Texas
Reason for amendment: This change is being proposed to further clarify the grounds for
a recall election.
Section 6.04. Proposition No. 4:
An amendment to sections 7.04, 7.07, and 7.09 of the Town Charter providing that a
majority of the Town Council has the authority to submit an ordinance, resolution or
proposition to popular vote as either a binding or non-binding referendum by
designating such item as either a binding or non-binding referendum and providing that
Council shall not repeal or amend an ordinance or resolution passed as a binding
referendum without submitting such ordinance or resolution to a vote at an election.
[ ] FOR
[ ] AGAINST
If Proposition No. 4 is approved by the majority of voters voting at the Election, Article
VII, Sections 7.04, 7.07 and 7.09 of the Town Charter, will be amended to read:
7.04 Voluntary Submission of Legislation by the Council
The Council, upon its own motion and by a majority vote of its members, may submit to
popular vote at any election for adoption or rejection any proposed ordinance or
resolution or measure, or may submit to popular vote the repeal of any existing
ordinance, resolution or measure. When exercising its authority under this section,
Council shall designate the vote to be either a binding or nonbinding referendum, and
may in its discretion call a special election for this purpose.
7.07 Adoption of Ordinances
If a majority of the qualified voters voting on any proposed ordinance or resolution or
measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein,
become effective as a law or as a mandatory order of the Council, unless such
ordinance, resolution, or measure was submitted to popular vote as a non-binding
referendum in accordance with this Charter.
7.09 Ordinances Passed by Popular Vote: Repeal or Amendment
No ordinance or resolution which may have been passed by the Council upon a petition
or adopted by popular vote at a binding referendum in accordance with the provisions of
this Article shall be repealed or amended except by the Council in response to a
referendum petition or by submission as provided in Section 7.04 of this Charter.
Reason for amendment: When Council wanted to know how citizens felt about the
Street Striping project we could hold a referendum only if it has a binding results.
Because many items the Council faces have some effect on the budget or cost of
implementation, it would be easier for Council to have the ability to hold a referendum
vote without the implementation of an item being binding. If the vote on a referendum
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was split 50/50 or 49/51, Council may not want to implement the item being voted upon
when the vote of the citizens is very close. This change would allow Council to call
either a binding and/or non-binding referendum.
Section 6.05. Proposition No. 5:
An amendment to Section 10.03 of the Town Charter to provide that the Town Council,
after public hearing, may grant, renew, extend and amend all franchises for a term not
to exceed thirty (30) years.
[ ] FOR
[ ] AGAINST
If Proposition No. 5 is approved by the majority of voters voting at the Election, Article X,
Section 10.03 of the Town Charter, will be amended to read:
10.03 Power to Grant Franchise
The Council shall have the power by ordinance, after public hearing, to grant, renew
and extend all franchises of every character operating within the Town and to amend
the same, provided, however, that no franchise shall be granted for an indeterminate
term, and that no franchise shall be granted for a term exceeding thirty (30) years from
the date of the grant, renewal or extension. No grant or franchise to construct, maintain
or operate and no renewal or extension of such grant shall be exclusive. All required
publication costs shall be paid by the franchisee.
Reason for amendment: This past year when Council approved a Utility Franchise
Agreement, we could approve it for only 20 years, even when approval for 30 years
would have guaranteed more franchise fees to the Town. This change gives the Council
more latitude in the term of this type of agreement.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-8-2007
Subject: Agenda Item No.B.1
Receive citizen input regarding the proposed Charter amendments that will
be considered on the November 6th, 2007 ballot.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-8-2007
Subject: Agenda Item No.C.1
Adjourn.