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2006-11-27-Mins-Charter Committee
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2006-11-27-Mins-Charter Committee
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8/21/2012 2:50:41 PM
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12/8/2006 10:50:36 AM
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CITY CLERK
Doc Name
2006
Doc Type
Minutes
CITY CLERK - Date
11/27/2006
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d. Primarily cleanup, assuming City staff has experienced difficulties or <br />redundancies with these sections. <br />"C" 25. a. Section 93 provides that the municipal election shall be the first Saturday in <br />May. <br />b.-d. See comment 5 above. <br />"C" 26, a. Section 95 provides that candidates for council shall file an application at <br />least 45 days prior to the election. <br />b. State law (Sec. 143.007, Election Code) provides that candidates for city <br />office must file not later than 5 p.m. on the 62°a day before election (with <br />certain exceptions). <br />c. Amend the section to be consistent with state law. <br />d. The 45 day deadline in the Charter could cause candidates to miss the <br />actual, state-imposed deadline for filing. <br />"I" 27.* a. Section 97 states that election of council members is by majority vote, but <br />then describes election by plurality. <br />b-d. See Comment 6 above. <br />"C" 28. a. Section 99 provides that the canvassing of elections shall occur not earlier <br />than two days or later than six days after an election. <br />b. State law (Sec. 67.003, Election Code) provides that the canvas shall occur <br />not earlier than the 8t' or later than the 11`h day after the election. <br />c. Amend the section to be consistent with state law. <br />d. Cleanup and avoidance of confusion. <br />"C" 29.* a. Section 107 provides that an election on initiative or referendum shall be <br />held not less than 30 or more than 60 days after the Council votes. <br />b. State law provides for elections on uniform dates in May and November. <br />c. Amend the section to provide for election on a uniform election date. <br />d. While an argument may be made that this charter provision allows an <br />alternative date to a uniform date, it is more consistent, as well as less <br />expensive, to hold such elections on uniform dates. <br />"I" 30. a. Section 111 states that any member of the city council may be removed by <br />recall, and Section 112 requires that an affidavit for a petition for recall must <br />state the grounds for removal, but the Charter does not specify what serves as <br />grounds for removal. <br />b. By not specifying the grounds for which a council member may be <br />recalled, the door is open to groups of citizens to initiate recall elections for <br />any conceivable reason, no reason, or an improper reason, at great expense <br />and turmoil for the City. State law specifies the grounds for which a member <br />of general law city council member may be removed (which is by a process <br />other than recall). <br />8 <br />
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