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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. 2 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 3 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 4 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. 5 [ ] 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. 6 ____________________________________ 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 7 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. 8 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 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-8-2007 Subject: Agenda Item No.C.1 Adjourn.