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<br />b. In fact, council members are elected by plurality vote (candidate receiving the highest <br />number of votes is elected) which is explained in Section 97, although it is mistakenly <br />misidentified as "majority" vote in that Section also. <br />c. Change "majority" to "plurality." <br />d. The change would correct a mistake and eliminate confusion. <br /> <br />7. * a. Section 16 provides that council members may not serve more than two terms in <br />succession and may not succeed themselves for any additional successive term. <br />b. This section is unclear about a member's ability to succeed himself or herself if he or <br />she was appointed to fill an unexpired term. <br />c. Amend the section to clarify that a member who is appointed to fill an unexpired term <br />may succeed himself or herself for one or two additional term( s). <br />d. The change would clarify the charter provision and should be fairer to a member who is <br />appointed to complete a portion of a term. <br /> <br />8* a. Section 17 contains the qualifications to hold the office of council member, including a <br />requirement to be 21 years of age, to have resided in the district for 12 months, and to not be <br />in arrears in the payment of any taxes or other liability due to the city. <br />b. State law (Sec. 141.001, Election Code) contains the general qualifications for holding <br />office, which is a requirement to be 18 years of age and to have resided in the territory from <br />which the office is elected for six months. There is no provision related to being in arrears in <br />payment of taxes or other liabilities, and such provisions have been held to be invalid and <br />unenforceable by federal courts. The courts' reasoning is that such provisions deny persons <br />equal protection under the 14th Amendment. <br />c. Amend the section to be consistent with state law; eliminating the requirement that there <br />be no arrears in taxes or liabilities. <br />d. The charter is currently more restrictive than state law, and may prevent well-qualified <br />candidates from applying. More importantly, it contains a provision that is not <br />constitutionally valid, meaning that if it is not amended and is, instead, enforced, a <br />prospective candidate who is in arrears and who is denied the opportunity to run for office <br />may successfully challenge that denial and recover damages. <br /> <br />9. a. Section 18 provides that members of the city council shall serve without payor <br />compensation other than expenses. <br />b. As the City grows and the time and effort required to exercise the office of council <br />member increases, it may become difficult to attract well-qualified candidates if there is no <br />possibility of compensation for their time and effort. <br />c. Amend the section to allow the Council to set some level of compensation, provided that <br />it does not take effect during the term of any council member in office at the time the <br />compensation is adopted. <br />d. Although potentially not a popular amendment with some voters, this change should <br />provide greater incentive to run for office and devote the time necessary to govern the city. <br /> <br />10. a. Section 19 provides that the Mayor is the presiding officer and that the mayor pro tem <br />serves in the mayor's absence or disability. No provision is made for selecting a presiding <br />officer if both are absent or their offices are vacant. <br /> <br />3 <br />