Title
Consider proposed Charter amendments for final recommendation by the Charter Review Committee; and take appropriate action.
Body
The Charter Review Committee will consider the following items for final recommendation to the City Council for placement on the ballot.
1. Transit Committee
Sec. 8.13. - Transit Committee.
The Council shall appoint, at least once each four years, a Transit Committee, comprised of seven regular members and two alternate members to review, evaluate and make recommendations to the Council on the City’s continued participation in regional transit systems. Appointment of members, and removal with or without cause, shall be by majority vote of members of the Council then present. The Transit Committee’s appointment, service and recommendations shall be submitted to and considered by the Council at least 30 days prior to any date on which an election may be called to continue or discontinue the City’s participation in the regional transit system.
[ALTERNATE PROVISION:]
Not less than two years prior to the deadline for the City to call an election to consider participation in a regional transit system, the Council shall appoint a Transit Committee, comprised of seven regular members and two alternate members. Each Council member shall be entitled to appoint one regular member and the Mayor shall be entitled to appoint two regular members. The two alternate members shall be appointed by majority vote of the members of the Council then present.
The Transit Committee will review, evaluate and make recommendations to the Council on the City’s continued participation in regional transit systems not less than 60 days prior to the deadline for the City to call an election to consider participation in a regional transit system.
2. At-Large Councilmember
Sec. 2.01. - Number, selection, term.
The Council shall consist of seven six members, a mayor and six five Councilmembers. The mayor and one Councilmember for District 6 shall be elected by the voters from the City at large in the manner provided in Article VII, for a term of three years or until a successor has been elected and takes office as provided in Section 2.04. The remaining five Councilmembers shall be elected by the voters residing in a particular district, Districts 1 through 5, respectively, in the manner provided in Article VII, for a term of three years or until their successors have been elected and take office as provided in Section 2.04.
3. Unexpired Terms and Term Limits
Sec. 7.03. - Nominations.
Any person, having the qualifications required by this Charter, may be nominated for the Council by petition, by using the most recent petition form prescribed by the Texas Secretary of State, of sufficient number of qualified voters of the City (in the case of a person seeking election to the office of mayor or at-large District 6), or by petition of sufficient number of qualified voters of the District in which the person resides (in the case of person seeking election to the office of Councilmember Districts 1 through 5, respectively), to satisfy the requirements of State law, who shall be designated as the candidate's sponsors. Such petition must comply in all respects with the requirements of this Charter and State law. No voter shall sign more than one such petition for any one Council place, and should a voter do so, the voter's signature shall be void except as to the petition first filed. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify it and such other information as shall be required by State law. Nominating petitions shall be submitted with the application for a place on the ballot and filed in accordance with the filing period set forth in the Texas Election Code with the City Secretary.
Sec. 7.04. Number, selection and term of city council.
The Council, consisting of a Mayor and six five Councilmembers, shall be selected as follows:
(a) The Mayor and Councilmember for District 6 shall be elected at-large by a majority vote of the qualified voters voting at the election.
(b) The five Councilmembers shall be elected to individual districts, designated as District 1, 2, 3, 4, and 5, respectively, by a majority vote of the qualified voters residing within the district who vote for the candidate seeking office from district where the voter resides.
(c) The Mayor and each Councilmember shall hold office for a period of three years and until his or her successor is duly elected and qualified.
(d) Commencing with the regular municipal election held in 2011 and continuing thereafter
(1) No person elected to the office of Mayor may serve in such office for more than two consecutive terms until at least three years have elapsed from the expiration of such person's previous term of office as Mayor; provided however such person is eligible to become a candidate for, and may serve two terms of office as a Councilmember;
(2) No person elected to the office of Councilmember may serve in such office for more than two consecutive terms until at least three years have elapsed from the expiration of such person's previous term of office as a Councilmember; provided however such is eligible to become a candidate for, and may serve two terms of office as Mayor;
(3) No person elected to the Council may serve more than two consecutive terms of office as Mayor and two consecutive terms of office as a Councilmember, or a maximum of four consecutive terms of office on the Council whether as Mayor or as a Councilmember, until at least three years have elapsed from the expiration of such person's previous term of office on the Council, whether as Mayor or as a Councilmember.
(4) [See below, “Articles II and VII, sec. 7.04.]
. . .
Sec. 7.10. - Establishment, review and revision of Council District boundaries.
(a) The City is divided into five (5) districts, known as Districts 1, 2, 3, 4 and 5 as described in the Judgment of United States District Court in Fabela v. City of Farmers Branch, No. 3:10-CV-1425-D (N.D. Tex.) (January 31, 2018).
(b) The Council shall appoint a redistricting commission, starting in January 2022, and every ten (10) years thereafter, to review the District boundaries in order to maintain a substantial equality of population in each District. The redistricting commission shall advise the Council, which shall within six (6) months after appointment fix the boundaries of the Districts 1 through 5 by ordinance, if necessary. The Mayor and each member of the Council shall appoint at least one member of the redistricting commission. The Council shall designate the chair of the redistricting commission. In making such appointments, the Council shall, as nearly as may be practicable, provide fair and balanced representation of all geographical areas of the city in the redistricting process and provide a total membership that reflects the racial and ethnic makeup of the city's population. Members of the redistricting commission shall be appointed to serve a term that will end upon completion of the redistricting commission's work. Persons appointed to the redistricting commission must be qualified voters and meet the qualifications for service on a City board. A member of the Council is not eligible for appointment to the redistricting commission. A member of the redistricting commission is not eligible to be a candidate for Council in the next succeeding general election of the city, and may not be appointed or elected to the Council for a period of one year after service on the redistricting commission.
. . .
1. ARTICLES II AND VII - UNEXPIRED TERMS AND TERM LIMITS
Sec. 7.04. Number, selection and term of city council.
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(d) . . .
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(4) Service in the office of mayor or councilmember for a period of at least two years shall be deemed service for a full term.
4. Councilmember Access to the City Attorney; Future In-House City Attorney; Appointment and Removal of the City Attorney
ARTICLE III. - THE CITY MANAGER, CITY SECRETARY AND CITY ATTORNEY.
. . .
3.08. - City attorney.
(a) The City Council shall appoint a competent, duly qualified licensed and practicing attorney in the State who shall serve as the City Attorney. The Council, including the Mayor (who shall have the right to vote), may, upon the affirmative vote of four (4) members, remove the City Attorney from office.
(b) The City Attorney shall serve as the legal advisor to the City Council, represent the City in litigation and legal proceedings as directed by the City Council or as delegated by the City Council to the City Manager, review and provide opinions as requested by the City Council on contracts, legal instruments, and ordinances and resolutions of the City and other City business, serve as the legal advisor to the officers and their departments, and perform such duties as may be imposed by law. The Council may adopt such rules as it may deem appropriate regarding requests for legal assistance and delegations of work by individual members of the Council.
(c) The City Attorney may but need not be an employee of the City; the Council may employ an in-house City Attorney and retain the services of outside counsel each of whom shall have the duties as may be determined by the Council. This section shall not be construed to prevent the Council from appointing special counsel, apart from the City Attorney, to provide legal assistance on specific matters.
5. Charter Review Committee appointment clarifying language.
Sec. 9.20. - Charter review.
The City Council shall beginning in 2028, and thereafter, appoint a committee at least every five (5) years to review this Charter and to make appropriate recommendations to the City Council. The committee shall be appointed not later than July 1 of the year in which the committee is required to be appointed. The committee shall consist of at least thirteen (13) members with at least two (2) members appointed from each City Council District, and up to at least two (2) members nominated by the Mayor. Each member of the council, including the Mayor, may appoint up to three qualified voters of the City to serve on the committee. The City Council shall select the chairperson for the committee. The Mayor shall be entitled to vote on the appointment of members to the Committee.
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