05-A Charter Study Com Min 11-27-06
MEETING
OF THE CHARTER STUDY COMMITTEE. CITY OF PARIS
CITY COUNCIL CHAMBER
107 E. KAUFMAN STREET
PARIS, TEXAS
MONDAY. NOVEMBER 27. 2006
4:00 O'CLOCK P.M.
1. The Charter Study Committee meeting was called to order by City Manager, Tony
Williams, at 4:00 o'clock p.m.
The following members were present:
Charles Waldrum
Philip Cecil
Ozie Battle
Charles Richards
David Hamilton
David Nabors
Louise Hagood
Robert High
Marva Joe
Alternate: Bobby Walters
The following members were absent:
Bill Payne
David House
Also, present were Tony Williams, City Manager; Janice Ellis, City Clerk; and Monte
Akers, legal advisor.
Monte Akers gave a presentation to the Committee regarding the history of the
Charter, as well as attempted revisions in the past. Mr. Akers suggested the Committee
prioritize the potential Amendments, identify the changes and make a recommendation to
Council. He further suggested that they have the recommendations to the City Council no
later than February 1,2007.
2. Pledge of Allegiance.
Bobby Walters pointed out that there was no flag in the meeting room; therefore,
the pledge was waived.
3. Consideration of and action on appointing a chairperson.
A Motion to appoint Philip Cecil as chairperson was made by David Hamilton and
seconded by Charles Richards. Motion carried, 9 ayes - 0 nays.
Charter Study Committee
November 27, 2006
Page 2
A Motion to appoint Ozie Battle as vice-chairperson was made by David Nabors and
seconded by Robert High. Motion carried, 9 ayes - 0 nays.
4. Discussion of possible amendments to the City Charter.
Marva Joe commended Monte Akers with regard to the way in which he explained
the issues. Philip Cecil asked Monte Akers to review the potential amendments as outlined
in his memo of November 9, 2006.
Prior to beginning review of the document, Mr. Akers suggested to the Committee
that they prioritize by placing the amendments into categories. He suggested placing a "C"
by the potential amendments that were cleanup; placing a "Q" by the potential
amendments that were not in conflict, but could be misinterpreted; and placing an "I" by the
important potential amendments. Mr. Akers and the Committee reviewed the potential
amendments and initial suggestions were made with regard to the categories, as
referenced in Exhibit "A" attached hereto. In addition to Exhibit "A", the Committee noted
that Section 83 and Article VIII of the City Charter should be assessed as cleanup items.
The Committee further discussed the possibility of combining Sections 16 and 97 (items
#6 and #27 in the outline).
5. Establish date and time for next Charter Study Committee Meeting.
Chairperson Cecil inquired of Mr. Akers as to how many meetings it would take to
complete the process. Mr. Akers estimated three or four meetings. The Committee
decided to have Mr. Akers attend all of the meetings, unless otherwise notified. The
Committee scheduled future meetings for Thursday, December 7th at 4:00 p.m.; Thursday,
December 14th at 4:00 p.m.; Thursday, January 4th at 4:00 p.m.; Thursday, January 18th at
4:00 p.m.; and Thursday, January 25th at 4:00 p.m.
Charles Waldrum inquired about Bobby Walters capacity as an alternate. The
Committee affirmed that Mr. Walters would participate in all discussions; however, vote
only in the event of a tie.
6. Adjournment.
There being no further business, David Nabors made a Motion to adjourn and
Charles Waldrum seconded the Motion. The meeting was adjourned at 6:42 p.m.
PHILIP CECIL, CHAIRPERSON
BOVEY, AKERS & BOJORQUEZ, LLP
Attorneys at Law
12325 Hymeadow Drive, Suite 2-100 . Austin, Texas 78750 . Phone: (512) 250-0411 Fax: (512) 250-0749
Attorney-Client Privileged and Confidential
Not for Public Release
MEMORANDUM
TO: Mayor, City Council Members, City Manager, City of Paris
FROM: Monte Akers
DATE: November 9,2006
RE: Potential Amendments of the Paris Home Rule Charter
Please accept this memo as the report requested at the meeting on October 30, 2006.
Following is a list of potential amendments of the Paris Home Rule Charter based upon
examination of the Charter by the City's staff and myself. Each issue is presented in the
following format:
a. Identification of Issue
b. Brief explanation of Issue
c. Suggested amendment
d. Advantage of change, possible consequence of failure to change, or other relevant
comment
For the purposes of this report the issues are presented in the order in which they appear in
the Charter. No attempt has been made to prioritize the importance of the issues at this time,
and it will be obvious that some of the suggestions and comments are of very low priority
(e.g. Comment 38), some may be unacceptable to the voters (e.g. Comment 9), while others
are quite important. The list is rather long--41 suggested changes-but it is probable that
other proposals and suggestions will be identified hereafter. At this point it is recommended
that the Council identify issues that it has no interest in pursuing, so that the remaining issues
may be prioritized.
Those issues marked with an asterisk (*) were identified by City staff.
"C" 1.
a. Section 3, entitled "Boundaries" does not contain boundary information.
b. As the section states, this provision is obsolete because the boundaries have
changed since the Charter was originally adopted.
c. Delete Section 3 and re-number accordingly.
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"Q" 2.
"Q" 3.
"c" 4. *
"c" 5.*
d. Clean up only. Cities are required by Sec. 41.001, Local Government
Code, to prepare and maintain a map showing the boundaries of the City.
a. Section 6, entitled "Extension of city limits upon petition" is not consistent
with state law regarding annexations by petition.
b. The charter provision provides that owners of land adjoining Paris may
petition to be annexed and that the council may do accomplish the annexation
by ordinance not sooner than 20 days after the petition is presented. No
provision is made for notice, hearing, or other actions that are required by
state statute eCho 43, Local Government Code)..
C. Re-draft the section to be consistent with state law.
d. Failure to change the section will not prevent the City from complying
with state law, but may create confusion among citizens or landowners who
desire to petition for annexation..
a. Section 7, entitled "Extension of city limits by the city council" is
inconsistent with state law.
b. The charter provision provides that the Council may annex adjacent
territory, without consent of the landowners, by ordinance, after publishing
notice and allowing opportunity for contest. However, it does not contain
reference to requirements the legislature has imposed on Home Rule Cities in
Chapter 43, Local Government Code, such as annexation plans, minimum
width of annexations, maximum amount that may be annexed each year, a
hearing in the area to be annexed in the event of protest, and other procedural
and substantive actions.
c. Re-draft the section to state that unilateral annexation shall be
accomplished in the manner provided by state law.
d. Failure to change the section may make it more difficult for the City to
comply with both Charter requirements and Chapter 43 requirements, and
may provide opponents to future unilateral annexations with additional legal
arguments with which to challenge annexations in court.
a. Sections 14 and 15, entitled "Hospital: Operation." And "Hospital:
Finances." are no longer relevant.
b. Making provision for a City hospital in the Charter is no longer necessary.
c. Delete both sections.
d. Deletion would clean up the Charter by eliminating irrelevant provisions.
a. Section 16 provides that City elections will be held on the first Saturday in
May of each year.
b. State law requires that elections be held on uniform election dates, that in
May being the second Saturday in May.
c. Replace first Saturday in May with "the uniform election date established
by law occurring in or about May of each year" or words to that effect.
d. The change would make the charter consistent with state law.
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"I" 6.*
"I" 7.*
"I" 8.*
"Q" 9.
a. Section 16 states that council members shall be elected by majority vote
(i.e. winner must receive more than 50%)
b. In fact, council members are elected by plurality vote (candidate receiving
the highest number of votes is elected) which is eXplained in Section 97,
although it is mistakenly misidentified as "majority" vote in that Section also.
c. Change "majority" to "plurality."
d. The change would correct a mistake and eliminate confusion.
a. Section 16 provides that council members may not serve more than two
terms in succession and may not succeed themselves for any additional
successive term.
b. This section is unclear about a member's ability to succeed himself or
herself if he or she was appointed to fill an unexpired term.
c. Amend the section to clarify that a member who is appointed to fill an
unexpired term may succeed himself or herself for one or two additional
term(s).
d. The change would clarify the charter provision and should be fairer to a
member who is appointed to complete a portion of a term.
a. Section 17 contains the qualifications to hold the office of council member,
including a requirement to be 21 years of age, to have resided in the district
for 12 months, and to not be in arrears in the payment of any taxes or other
liability due to the city.
b. State law (Sec. 141.001, Election Code) contains the general qualifications
for holding office, which is a requirement to be 18 years of age and to have
resided in the territory from which the office is elected for six months. There
is no provision related to being in arrears in payment of taxes or other
liabilities, and such provisions have been held to be invalid and unenforceable
by federal courts. The courts' reasoning is that such provisions deny persons
equal protection under the 14th Amendment.
c. Amend the section to be consistent with state law; eliminating the
requirement that there be no arrears in taxes or liabilities.
d. The charter is currently more restrictive than state law, and may prevent
well-qualified candidates from applying. More importantly, it contains a
provision that is not constitutionally valid, meaning that if it is not amended
and is, instead, enforced, a prospective candidate who is in arrears and who is
denied the opportunity to run for office may successfully challenge that denial
and recover damages.
a. Section 18 provides that members of the city council shall serve without
payor compensation other than expenses.
b. As the City grows and the time and effort required to exercise the office of
council member increases, it may become difficult to attract well-qualified
candidates if there is no possibility of compensation for their time and effort.
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c. Amend the section to allow the Council to set some level of compensation,
provided that it does not take effect during the term of any council member in
office at the time the compensation is adopted.
d. Although potentially not a popular amendment with some voters, this
change should provide greater incentive to run for office and devote the time
necessary to govern the city.
"Q" 1 O. a. Section 19 provides that the Mayor is the presiding officer and that the
mayor pro tern serves in the mayor's absence or disability. No provision is
made for selecting a presiding officer if both are absent or their offices are
vacant.
b. The normal procedure in such a situation is to provide for the remaining
members to select a presiding officer to serve until such time that the mayor
or mayor pro tern returns or the office is filled.
c. Amend this section to provide a mechanism for selecting a temporary
presiding officer.
d. This amendment is suggested for efficiency and cleanup purposes.
"I" 11. a. Section 23 prohibits council members from directing the city manager or a
subordinate regarding the appointment or removal from office of any person,
or to give direct orders to a subordinate, but does not provide a penalty or
ramification for violating the prohibition.
b. A mayor or council member may violate this prohibition without the
council having a mechanism to punish or prevent the violation.
c. Amend the section to provide a penalty, which could include removal from
office after due process.
d. It is not particularly uncommon for a council member to attempt to directly
influence city officers and employees, and doing so may not only violate the
charter but could subject the city to liability for harassment or wrongful
constructive termination. The council should have clear authority to prevent
or punish such behavior.
"I" 12. * a. Section 29 provides that all meetings shall be open to the public.
b. State law, in the Open Meetings Act, has established a detailed and
complex set of regulations governing the types of deliberations that must be
open to the public, and the few (eight) circumstances when a closed session
may be held. If Section 29 prevents the council from holding any closed
sessions, the governance and financial security of the City is put at risk,
particularly with regard to purchases of real estate, receiving advice of legal
counsel, frank discussion of city officers and employees, and pursuit of
economic development opportunities.
c. Amend this section to provide that all meetings shall be governed by the
Open Meetings Act.
d. This amendment will bring Paris into step with other cities in the state and
should eliminate situations in which confidential city business and
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"e" 13.
"Q" 14.
"e" 15.
"I" 16.
information is unnecessarily disclosed to the City's opponents, competitors,
and critics, to the detriment of the citizens of Paris.
a. Section 33 provides that a city ordinance need not be read more than once
or considered at more than one session in order to be effective, except as
provided in Article XI of the Charter.
b. Article XI (specifically Section 121) deals with franchises and requires
three readings of franchise ordinances.
c. In this section, delete the reference to Article XI if the suggested change to
Section 121 discussed in Comment 36 below, (i.e. deletion of the requirement
for multiple reading of franchise ordinances) is adopted.
d. Changes in the law regarding franchises have essentially eliminated the
reasons for extended consideration of the granting of franchises, making this
requirement unnecessarily time-consuming for both the city and the affected
utility.
a. Article V (The Budget), and particularly Section 54, contains a deadline
(adoption of the budget not later than the 27th day of last month of the fiscal
year) that may be inconsistent with current Truth in Taxation deadlines.
b. Truth in Taxation provisions required by state law impose certain
deadlines, including a final deadline for adoption of an ad valorem tax rate
(which must be preceded by adoption of the budget) that may conflict with, or
make cumbersome, the meeting of deadlines in the Charter.
c. Amend Article V to provide that in the event that deadlines for adoption of
the budget or tax rate in the Charter are inconsistent with deadlines imposed
by state law, that state law shall be followed.
d. This amendment should be considered seriously only if City staff has
encountered the type of scheduling and deadline problems described.
a. Section 58 provides for a "contingent appropriation" of not more than three
percent of the total general fund expenditure, to be expended only in the case
of established emergencies.
b. If the contingent appropriation is currently a useful budgeting tool, the
three percent cap may be unnecessarily restrictive; if it is not a useful tool, the
section is superfluous.
c. Modify the language of Section 58 to make the contingent appropriation a
meaningful budgeting tool if it is not one already.
d. This amendment should be considered seriously only ifthe Councilor City
staff have determined that the contingent appropriation provision is no longer
meaningful.
a. Section 60 provides that the city budget may be amended only in cases of
grave public necessity "the actual fact of which shall have been certified in
writing by not less than one hundred (100) resident qualified voters owning
real property within the corporate limits. . . ."
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b. This requirement makes emergency amendment difficult and time-
consuming, which is inconsistent with a need for prompt response to a grave
public necessity.
c. Amend this section to require that budget amendments be accomplished in
the manner provided by state law, which still requires a grave public
necessity, but allows the city council to make that determination, and allows
non-emergency, simple amendments if they do not increase the amount of
funds to be expended.
d. This amendment will give the city council greater ability to respond to true
emergency (e.g. homeland security) issues.
"Q" 17. a. Section 63 provides that municipal bonds shall never draw interest in
excess of six per cent per annum.
b. While not necessarily a problem in the current market, this provision could
be significantly restrictive under other economic circumstances.
c. Delete the six percent cap interest cap.
d. Input from City staff and bond counsel is recommended in analyzing the
importance of this suggested amendment.
"Q" 18.* a. Section 74 requires that the sale of any land or other properties valued at
more than $1000.00 shall be advertised for bids in the local newspaper and
shall be awarded to the highest bidder.
b. State law (Ch. 272, Local Government Code) provides specific regulations
for the sale of real property by cities, which is generally sold through
competitive bids, but which may be sold for its fair market value on the basis
of an appraisal if it is real estate of a certain nature (e.g. narrow strips, land
conveyed to a governmental entity with power of eminent domain). There are
also specific provisions for conveyance of land to abutting property owners.
Personal property (e.g. equipment) may be sold under state law in any manner
that would be legal for an individual to sell such property.
c. Amend Section 74 to provide that city property shall be sold in the manner
provided by state law.
d. The $1000.00 provision is unnecessarily restrictive and expensive (i.e. cost
of publication) whereas state law currently ensures that cities will sell
property in a fair, responsible manner.
"Q" 19. a. Section 75 requires council approval for all expenditures by the director of
finance exceeding $1000.00.
b. This restriction may be unnecessarily restrictive on the ability of the
financial director and city manager to perform their jobs, may delay important
purchases, and may create multiple agenda items for council meetings.
c. Increase the amount or provide that the council shall set a limit on the
amount by ordinance.
d. The $1000.00 is much lower than that utilized in many other cities the size
of Paris (that do not have such a provision in their charter), and failure to
amend will continue an inefficient process.
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"Q" 20.* a. Section 75 requires that the City go out for competitive bids for all
contracts in excess of $1000.00 and requires that all bids be awarded to the
lowest and best bid.
b. State law provides that expenditures in excess of$25,000.00 must be
competitively bid and provides for certain types of exemptions, as well as
certain circumstances where best value bids may be awarded, and
circumstances where purchasing may be accomplished through cooperative
purchasing, requests for proposals, and other methods designed to provide
maximum value to Texas cities.
c. Amend this section to make it consistent with state law.
d. Although state law also provides (in Sec. 252. 002) that if purchasing
mechanisms in a home rule charter conflicts with state law, the city council
may elect to have Chapter 252 supercede the charter, the provisions in the
Paris Charter are still unnecessarily restrictive and not in the best interest of
the City.
"Q" 21.* a. Section 76 provides that any city improvement costing more than $1000.00
shall be executed by contract and shall be awarded to the lowest responsible
bidder after public notice and competition.
b. The same reasoning discussed in 19 above applies to this section.
c. Amend this section to make it consistent with state law.
d. See 19 above.
"Q" 22. a. Section 77 provides that all checks, vouchers, and warrants shall be signed
by the director of finance or his deputy and countersigned by the city
manager.
b. The Director of Finance, City Manager, and/or City Council should be able
to designate other authorized signatories for maximum efficiency of financial
operations.
c. Amend the section to allow other check signers to be designated.
d. A similar proposal was not approved in the 1996 Charter amendment
election. It should be considered seriously now only if City staff so
recommends.
"C" 23. a. Section 80 specifies that negotiable instruments shall be designated "for the
year 19 _."
b. "19 " is out of date.
c. Change" 19 _" to "20_."
d. Cleanup only.
"C" 24. a. Sections 86 through 89 contain details for the makeup and duties of the
Board of Equalization.
b. Are all of these provisions still relevant?
c. Consider changes or deletions to eliminate any conflicting or useless
requirements.
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d. Primarily cleanup, assuming City staff has experienced difficulties or
redundancies with these sections.
"C" 25. a. Section 93 provides that the municipal election shall be the first Saturday in
May.
b.-d. See comment 5 above.
"C" 26. a. Section 95 provides that candidates for council shall file an application at
least 45 days prior to the election.
b. State law (Sec. 143.007, Election Code) provides that candidates for city
office must file not later than 5 p.m. on the 62nd day before election (with
certain exceptions).
c. Amend the section to be consistent with state law.
d. The 45 day deadline in the Charter could cause candidates to miss the
actual, state-imposed deadline for filing.
"I" 27.* a. Section 97 states that election of council members is by majority vote, but
then describes election by plurality.
b-d. See Comment 6 above.
"C" 28. a. Section 99 provides that the canvassing of elections shall occur not earlier
than two days or later than six days after an election.
b. State law (Sec. 67.003, Election Code) provides that the canvas shall occur
not earlier than the 8th or later than the 11 th day after the election.
c. Amend the section to be consistent with state law.
d. Cleanup and avoidance of confusion.
"C" 29. * a. Section 107 provides that an election on initiative or referendum shall be
held not less than 30 or more than 60 days after the Council votes.
b. State law provides for elections on uniform dates in May and November.
c. Amend the section to provide for election on a uniform election date.
d. While an argument may be made that this charter provision allows an
alternative date to a uniform date, it is more consistent, as well as less
expensive, to hold such elections on uniform dates.
"1" 30. a. Section 111 states that any member of the city council may be removed by
recall, and Section 112 requires that an affidavit for a petition for recall must
state the grounds for removal, but the Charter does not specify what serves as
grounds for removal.
b. By not specifying the grounds for which a council member may be
recalled, the door is open to groups of citizens to initiate recall elections for
any conceivable reason, no reason, or an improper reason, at great expense
and turmoil for the City. State law specifies the grounds for which a member
of general law city council member may be removed (which is by a process
other than recall).
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c. Amend the section to spell out the grounds for removal, such as
misconduct, malfeasance, etc., and define the meaning of each.
d. Some cities have been crippled or serious distracted from the business of
governing by repeated petitions for recall that are, in fact, based only on
dissatisfaction rather than a valid reason for removal from office. Paris
council members deserve at least the same protections that general law
council members enjoy with regard to grounds for removal from office.
"I" 31. a. Section 112 provides that an affidavit for a petition for recall must state a
ground for removal from office, but no provision is made for verification that
the ground is sufficient.
b. Without a mechanism for the council, city manager, city secretary, city
attorney, or disinterested third party to examine and determine that an alleged
ground for removal from office is, if true, sufficient for removal, an applicant
may falsely accuse a council member of any type of crime or misconduct and
force an election.
c. Amend the section to provide for verification of stated grounds for removal
by a qualified person or persons.
d. This amendment should help prevent unfounded and expensive recall
elections.
"I" 32. * a. Section 113 provides for the contents of a recall petition, but does not
specify that those signing it must reside in the district of the council member
subject to recall.
b. In single member districts, council members should be subject to recall
only by the voters who elected him or her to office.
c. Amend the section to provide that the petition shall be signed by residents
of the council member's district.
d. Failure to make this amendment may subject a council member to recall
based on signatures of persons who are not in his or her district.
"C" 33*. a. Section 114 provides for a recall election not less than 30 nor more than
sixty days after a recall petition is presented.
b.-d. See Comment 28 above.
"Q" 34. a. Sections 119 through 130 contain detailed requirements for the issuance,
contents, terms, condition, limitations, and applicability of franchises.
b. Changes in the law have made some of these provisions obsolete, while
new arguments advanced by utility companies have created opportunities to
amend the Charter in a manner that gives a city added protection. For
example current debates about when a utility must pay the cost of relocating
its lines when a city project requires that it do so could be resolved, in the
City's favor, by amending the charter to specify when the utility must pay.
c. If the Council is interested in exploring changes to these sections, I will
provide more detailed suggestions.
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"Q" 35.
"e" 36.
"C" 37.
"C" 38.
d. These suggested amendments may be technical and difficult for voters to
understand, which may cause the Council to determine that these types of
amendments are not worth pursuing.
a. Section 120 provides that no exclusive franchise or privilege shall be
granted.
b. Exclusive franchises are prohibited by state law for certain types of utilities
or services. However, cities are authorized under Texas law to enter into
exclusive agreements with solid waste providers whereby the provider pays
compensation to the city in return for having the exclusive right to serve
residents and businesses in the city. Technically a solid waste agreement is
not a franchise (which is a grant to use public property for a private or
commercial purpose) and is, instead, a contract. Nevertheless, solid waste
agreements are often called franchises, and there are even statutory provisions
that refer to them as franchises.
c. Amend Section 120 to specify that for purposes of this section an
agreement for the provision of solid waste services in the City of Paris is not
considered to be a franchise.
d. Should the City desire to grant an exclusive right to a solid waste provider,
as allowed by state law, one or more other providers may challenge the City's
doing so, arguing that such agreements are franchises and that the current
charter provision prohibits the exclusive agreement. No such case has yet
been reported, but is very likely to arise in a city that has a charter provision
similar to Section 121.
a. As discussed in Comment 13 above, three readings of an ordinance to adopt
a franchise is required in Section 121.
b. In earlier years, the granting of a franchise was a matter considered to
require particular scrutiny from the public, whereas changes in the law in the
last decade have caused franchising to become more uniform or, in some
cases, to be totally replaced by uniform state procedures. The three reading
requirement may now be unnecessarily cumbersome.
c. Eliminate the three reading requirement.
d. This change is suggested for efficiency and cleanup purposes.
a. Section 121 provides that a franchise may not take effect for sixty days
after its adoption.
b. This built-in delay probably no longer serves purpose. It was included to
allow citizens the opportunity to petition for an election on a franchise, which
rarely occurs.
c. Delete the 60 day delay provision; consider deleting the provision for
election by petition.
d. This change is suggested primarily for cleanup and modernization purpose.
a. Section 131 is entitled "Publicity of records."
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b. Properly this section should be entitled "Public Nature of Records" or
simply "Public Records." "Publicity" is usually considered to mean
"newsworthiness" or a similar concept.
c. Change the title to replace the inappropriate word.
d. Cleanup only.
"I" Second 38. a. Section 132 prohibits a council member, officer, or employee ofthe City
from having a financial interest, direct or indirect, by reason of ownership of
stock in excess of 1 % of the total stock of a corporation that contracts with the
city, or to have an interest in the sale ofland or materials, or to have other
direct or indirect financial interest. Violation subjects the officer or employee
to forfeiture of office or position and renders a contract voidable.
b. State law, through Chapters 171 and 176 of the Local Government Code as
well as penal provisions punishing abuse of office, address the type of conflict
of interest envisioned by this charter provision, and will punish violators, but
will not cause a city contract to fail or a person to forfeit office.
c. Amend this section to be governed by state law.
d. This charter provision is more restrictive than state law and may cause the
City to lose qualified officer holders, officers, or employees, or may cause an
important contract to fail.
"I" 39. * a. Section 135, entitled "Persons indebted to the city shall not hold office or
emploYment" provides that a person who is in arrears in taxes or other
liabilities due the city, even though qualified otherwise, may not hold office
or be employed by the City. Also see Comment 8 above.
b. As discussed under Comment 8 above, this provision is not enforceable.
c. Delete this section or amend it in a manner that will not subject the City to
any potential liability.
d. See Comment 8. A similar charter provision was held to be invalid in
Gonzales v. City of Sinton, 319 F. Supp. 189 (S.D. Tex. 1970).
"c" 40. a. Section 136, entitled "Oath of Office," contains a lengthy oath of office
which is different than that required by state law.
b. The oath of office is different than that which officers who are qualified to
administer the oath are accustomed to giving.
c. Amend the section to require the same oath of office required by state law.
d. Other than avoiding the necessity of having the Charter oath when new
officers are sworn in, there is no significant incentive for pursuing this
amendment.
"Q" 41. a. Section 149, entitled "Amending the Charter" contains requirements, such
as the mailing of a copy of all proposed amendments to each qualified voter in
the City, that are expensive and cumbersome.
b. Amendment of the Charter under this section is more complicated and
expensive than state law requires.
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