2013-04-08 CHARTER REVIEW COMMISSION MEETING MINUTES2013 CHARTER REVIEW COMMISSION
MINUTES OF MEETING
APRIL 8, 2013
Present at the Meeting:
Commission Members City Staff
Dale E. Pillow, Chair
Jerry Koza
Ruby Sandars
CALL TO ORDER
The meeting began at 5:38 pm.
II. CITIZENS TO BE HEARD
There were no citizens to be heard.
Lawrence G. Provins
III. APPROVAL OF MINUTES: MEETING OF MARCH 18, 2013
The Minutes from the meeting on 03-18-2013 were approved as amended.
IV. CONSIDERATION AND POSSIBLE ACTION - DISCUSSION AND REVIEW
OF CITY OF PEARLAND CHARTER AND PROPOSED AMENDMENTS
The Commission discussed potential changes to Article 6.13 and is recommending the
following changes:
Section 6.13. - Initiative.
Qualified voters of the City of Pearland may initiate legislation by submitting a
petition addressed to the city council which requests the submission of a proposed
ordinance or resolution to a vote of the qualified voters of the city. Said petition
must be signed by qualified voters of the city in number of at least thirty (30) per
cent of the number cast at the regular last municipal election of the city, or one
hundred fifty (150) qualified voters, whichever is greater, and each copy of the
petition shall have attached to it a copy of the proposed legislation. The petition
shall be signed as provided in section 6.03 of this charter. The petition may
consist of one (1) or more notarized copies as permitted in section 6.05 of this
charter. Such petition shall be filed with the person performing the duties of city
secretary. Within five (5) days after the filing of such petition, the person
performing the duties of city secretary shall certify such petition or return same to
petitioners. After certification, the person performing the duties of the city
secretary shall present said petition and proposed ordinance or resolution to the
city council at the next regular meeting. Upon presentation to the city council of
the petition and draft of the proposed ordinance or resolution, it shall become the
duty of the city council within ten (10) days after receipt thereof, to pass and
adopt such ordinance or resolution without alteration as to meaning or effect in
the opinion of the persons filing the petition, except changes made to comply with
federal or state laws, or to call a special election, to be held within thirty (30)
days thereafter, at which the qualified voters of the City of Pearland shall vote on
the question of adopting or rejecting the proposed legislation with any City
Council proposed changes made to comply with federal or state laws. However, if
any other municipal election is to be held within sixty (60) days after the filing of
the petition, the question may be voted on at such election. No ordinance shall be
proposed by an initiative petition which is on the same subject as an ordinance so
submitted and defeated at an election held within the proceeding twelve (12)
months.
The Commission discussed potential changes to Article 6.17 and is not making any
proposed changes at this time.
Article 7
The Commission discussed potential changes to Article 7.01 and is not making any
proposed changes at this time.
The Commission did not have any proposed changes to Article 7.03.
The Commission did not have any proposed changes to Article 7.04.
Article 8
The Commission did not have any proposed changes to Article 8.01.
The Commission did not have any proposed changes to Article 8.02.
The Commission did not have any proposed changes to Article 8.03.
The Commission did not have any proposed changes to Article 8.04.
The Commission did not have any proposed changes to Article 8.05.
The Commission discussed potential changes to Article 8.06 and is recommending the
following changes:
Section 8.06. - Notice of public hearing on budget.
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At the fneeting of the eity eetineil „+ whieh the budget ; „bmittoar +In accordance with
state law, the city council shall cause to be published in the official newspaper of the City
of Pearland; a notice of the hearing setting forth the date, time and place thereof at le *
five (5) days befef e the of sueh meet ngthe public hearing on the submitted budget.
The Commission did not have any proposed changes to Article 8.07.
The Commission discussed potential changes to Article 8.08 and is recommending the
following changes:
Section 8.08 — Amendment Before Adoption
After the hearing, the Citv Council may adopt the budget with or without
amendment. In amending the budget, it may add or increase programs or
amounts, provided that no amendment to the budget shall increase the authorized
expenditures to an amount greater than the total of estimated income plus funds
available from prior years.
The Commission did not have any proposed changes to Article 8.09.
The Commission discussed potential changes to Article 8.10 and is recommending the
following changes:
Section 8.10. - Date of final adoption.
The budget shall be €i"adopted no later than the last regularly scheduled
council meeting of September to allow compliance with the state tax laws, and
should the city council fail to so adopt a budget, the then existing budget, together
with its tax levying ordinance and its appropriation ordinance, shall be deemed
adopted for the ensuing fiscal year.
The Commission discussed potential changes to Article 8.11 and is recommending the
following changes:
Section 8.11. - Effective date of budget; certification ; eopies ,,,ado up blic
availabilitvle.
Upon final adoption, the budget shall be in effect for the fiscal year. A copy of the
budget, as finally adopted, shall be filed with the person performing the duties of
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city secretary and; the county clerk of Brazoria County, and the state ^^m„tr-ol
E)f publie-aeeounts—a stin—The final budget shall be published on the Cites
website Fnifneographed or ethepA,ise—reprodueedand copies shall—be—made
available for the use of all offices, departments, and agencies and for the use of
interested persons and civic organizations. A Y-easenable eest based on stat^
fe-commendation will be ehafged for- copies of eity budgets to all intefeste
per -
The Commission did not have any proposed changes to Article 8.12.
The Commission did not have any proposed changes to Article 8.13.
The Commission discussed potential changes to Article 8.14 and is recommending the
following changes:
Section 8.14. - Contingent appropriation.
Provision shall be made in the annual budget and in the appropriation ordinance
for a contingent appropriation in an amount not to exceed mote tha one Mseven
per centum of the general fiend expenditurest^t^' budge to be used in case of
unforeseen items of expenditures. Such contingent appropriation shall be under
the control of the city manager and distributed by him/her after approval by the
city council. Exile ,,tures fr-E) , this , shall be made only ; case e
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and biannually in the offieialnewspaper- of the City of Pear -land. All money the D
eney fundshall be utilized so as to draw the maximum ineeme fef the eity yet fe+nain liqttid
at the end of the year- shall be
te be used if needed. Any amou
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The Commission did not have any proposed changes to Article 8.15.
The Commission discussed potential changes to Article 8.16 and is not making any
proposed changes at this time.
The Commission did not have any proposed changes to Article 8.17.
The Commission discussed potential changes to Article 8.18 and is recommending the
following changes:
Section 8.18. - Disbursement of funds.
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All checks, vouchers or warrants for the withdrawal of money from the city
depository shall be signed by the city manager or the mayor, and countersigned by
the city secretary, or the city treasurer, o rber of the eity eouneil.
The Commission did not have any proposed changes to Article 8.19.
The Commission did not have any proposed changes to Article 8.20.
The Commission did not have any proposed changes to Article 8.21.
The Commission discussed potential changes to Article 8.22 and is recommending the
following changes:
Section 8.22. - Tax liens.
(a) Except for such restrictions imposed by law, the tax levied by the city is
hereby declared to be a lien, charge, or encumbrance upon the property upon
which the tax is due, which lien, charge or encumbrance the city is entitled to
enforce and foreclose in any court having jurisdiction over the same, and the lien,
charge or encumbrance on the property in favor of the city, for the amount of
taxes due on such property is such as to give the state courts jurisdiction to
enforce and foreclose said lien on the property on which the tax is due, not only as
against any resident of this state or person whose residence is unknown, but also
as against nonresidents. All taxes upon real estate shall especially be a lien and a
charge upon the property which the taxes are due, which lien may be foreclosed in
any court having jurisdiction. The city's tax lien shall exist from January first in
each year until the taxes are paid, and limitations as to seizures and suits for
collection of taxes shall be as prescribed by state law.
(b) Except for such exemptions and restrictions imposed by law, all persons,
associations, corporations, firms and partnerships owning or holding personal
property or real property in the City of Pearland on January first of each year shall
be liable for city taxes levied thereon for each year. The tangible personal
property of all persons, associations, corporations, firms or partnerships owning
any taxes to the City of Pearland is hereby made liable for all said taxes, whether
the same be due upon personal or real property or upon both.
(c) All seizure and foreclosure proceedings shall be commenced no later than
three 3 two years after taxes first become delinquent.
The Commission did not have any proposed changes to Article 8.23.
The Commission did not have any proposed changes to Article 8.24.
Article 9
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The Commission did not have any proposed changes to Article 9.01.
The Commission did not have any proposed changes to Article 9.02.
The Commission did not have any proposed changes to Article 9.03.
The Commission discussed potential changes to Article 9.04 and is not making any
proposed changes at this time.
The Commission did not have any proposed changes to Article 9.05.
The Commission did not have any proposed changes to Article 9.06.
The Commission did not have any proposed changes to Article 9.07.
The Commission did not have any proposed changes to Article 9.08.
The Commission did not have any proposed changes to Article 9.09.
The Commission did not have any proposed changes to Article 9.10.
Article 10
The Commission did not have any proposed changes to Article 10.01.
The Commission did not have any proposed changes to Article 10.02.
The Commission discussed potential changes to Article 10.03 and is not making any
proposed changes at this time.
The Commission did not have any proposed changes to Article 10.04.
The Commission discussed potential changes to Article 10.05 and is not making any
proposed changes at this time.
The Commission did not have any proposed changes to Article 10.07.
The Commission did not have any proposed changes to Article 10.08.
The Commission discussed potential changes to Article 10.09 and is recommending the
following changes:
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The Commission did not have any proposed changes to Article 10.10.
The Commission discussed potential changes to Article 10.11 and is recommending the
following changes:
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The Commission did not have any proposed changes to Article 10.10.
The Commission discussed potential changes to Article 10.11 and is recommending the
following changes:
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The Commission did not have any proposed changes to Article 10.12.
The Commission did not have any proposed changes to Article 10.13.
The Commission did not have any proposed changes to Article 10.14.
The Commission discussed potential changes to Article 10.15 and is not making any
proposed changes at this time.
The Commission discussed potential changes to Article 10.16 and is recommending the
following changes:
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The Commission discussed potential changes to Article 10.17 and is recommending the
following changes:
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The Commission discussed potential changes to Article 3.01 and is recommending the
following changes:
Section 3.01. - Number, selection and term.
The legislative and governing body of the city shall consist of mayor and seven
council members and shall be known as the "city council of the City of
Pearland, Brazoria, Harris and Fort Bend Counties, Texas.
(a) The mayor shall be elected from the city at large. The councilmembers shall
be elected from the city at large by positions and shall be known as positions 1, 2,
3, 4, 5, 6 and 75.
(b) The mayor shall be the presiding officer of the city council and shall be
recognized as the head of the city government for all ceremonial purposes and by
the governor for purposes of military law. The mayor shall be allowed to vote
only in case of a tie vote. The mayor shall not be included in any calculation of
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The Commission discussed potential changes to Article 10.17 and is recommending the
following changes:
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The Commission discussed potential changes to Article 3.01 and is recommending the
following changes:
Section 3.01. - Number, selection and term.
The legislative and governing body of the city shall consist of mayor and seven
council members and shall be known as the "city council of the City of
Pearland, Brazoria, Harris and Fort Bend Counties, Texas.
(a) The mayor shall be elected from the city at large. The councilmembers shall
be elected from the city at large by positions and shall be known as positions 1, 2,
3, 4, 5, 6 and 75.
(b) The mayor shall be the presiding officer of the city council and shall be
recognized as the head of the city government for all ceremonial purposes and by
the governor for purposes of military law. The mayor shall be allowed to vote
only in case of a tie vote. The mayor shall not be included in any calculation of
the number of votes needed for the city council to take any action authorized by
this charter, except when the mayor is allowed to vote in the case of a tie vote.
(c) In the first election year after adoption of the charter, two (2) councilmembers
shall be elected for positions 1 and 5. In the second election year after adoption of
this charter, the mayor and one (1) councilmember for position 3 shall be elected.
In the third election year after adoption of this charter two (2) councilmembers
shall be elected for positions 2 and 4. In the first election year after adoption of
the amendments to the charter creatin-positions 6 and 7, one councilmember
shall be elected for an initial two (2) year term, which shall be considered a fiill
term, for position 6 with three (3) years terms thereafter and one councilmember
shall be elected for an initial three (3) year teen for position 7 with three (3) year
terms thereafter.
(d) The mayor and each councilmember shall hold office for a period of three (3)
years and until his/her successor is elected and qualified. All elections shall be
held in the manner provided for by this charter and the election laws of the State
of Texas.
(e) Councilmembers shall be limited to two (2) full consecutive elected terms of
office, and there shall be no limitation on the office of mayor.
The Commission discussed potential changes to Article 5.01 and is recommending the
following changes:
Section 5.05. - Ballots.
The positions of the several members of the council shall be designated on the
official ballot as member of the council, position number 1, 2, 3, 4, s+-5, 6 or 7.
Each candidate shall indicate the position which he/she desires to fill. Incumbent
councilmembers seeking reelection must file for the position for which they were
originally elected. Candidates for all positions may reside in any portion of the
city. The names of all candidates for office, except such as may have withdrawn,
died or became ineligible, shall be printed on the official ballots without party
designations in the order determined in a drawing of lots conducted by the city
secretary. All official ballots shall be printed at least twenty (20) days prior to the
date of any general election, and early voting shall be governed by the general
election laws of the State of Texas.
The meeting was adjourned at 7:07 pm.
Dale E. Pillow, Chair
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