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HomeMy WebLinkAbout1989-03-24 - Special City Council MINUTES OF SPECIAL MEETING City of Stephenville - City Council FRIDAY, MARCH 24, 1989 - 5:30 P.M. The City Council of the City of Stephenville, Texas, convened in special session on March 24, 1989 at 5:30 p.m. in the Council Chambers of City Hall , 354 N. Belknap, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Article 6252-11, Section 3A, V.T.C.S. , with the following members present, to wit: Mayor: George Swearingen Mayor Pro Tem: Allen Horne Councilmembers: Bob Self Helen Martin Maxine Dameron James L. McSwain Jim Bostic Joel M. Hillin Absent: Councilmember Vicki Truss Others Attending: Joyce Pemberton City Secretary Joseph Chandler City Attorney Mayor George Swearingen called the meeting to order and declared a quorum pre- sent. 89-03-062: CONSIDER PASSAGE OF AN ORDINANCE ORDERING AN ELECTION AMENDING THE CITY CHARTER. Councilmember Helen Martin made the motion to pass and approve ORDINANCE NO. 1989-4 PROVIDING THAT THERE SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY AT THE NEXT REGULAR CITY ELECTION TO BE HELD ON MAY 6, 1989 THE MATTER OF AMENDING THE CHARTER OF THE CITY OF STEPHENVILLE BY THE FOLLOWING AMENDMENTS TO THE PRESENT CHARTER OF THE CITY OF STEPHENVILLE: (1) AMENDMENT CHANGING THE CITY ELECTION DAY AS PROVIDED IN ARTICLE III , SECTION 2 FROM THE FIRST TUESDAY IN APRIL TO THE FIRST SATURDAY IN MAY; (2) AMENDMENT PROVIDING THAT THE WORD COUNCILMEN AS PROVIDED IN SECTION 5 OF ARTICLE III BE CHANGED TO COUNCILMEMBERS AND PRO- VIDING TERMS OF OFFICE FOR COUNCILMEMBERS; (3) AMENDMENT CHANGING SECTION 7 OF ARTICLE III TO OMIT FROM QUALIFICATIONS OF COUNCILMEMBER THT HE OR SHE HAVE PROPERTY RENDERED FOR TAXATION AND NOT BE IN ARREARS IN PAYMENT OF TAXES OR ANY OTHER LIABILITY DUE THE CITY AND REQUIRING THAT HE OR SHE HAS NOT BEEN ADJUDGED MENTALLY INCOMPETENT AND HAS NOT BEEN CONVICTED OF A FELONY FROM WHICH HE OR SHE HAS NOT BEEN PARDONED; (4) AMENDMENT CHANGING SECTION 12 OF ARTICLE III TO PROVIDE THAT MAYOR AND COUNCIL MAY APPOINT A QUALIFIED COUNCILMEMBER TO SERVE IN THE EVENT OF A VACANCY WHO WILL SERVE UNTIL A SUCCESSOR HAS BEEN ELECTED AND DULY QUALIFIED. AN IMMEDIATE VACANCY SHALL BE DECLARED SHOULD ANY COUNCILMEMBER OR THE MAYOR MOVE FROM THE CITY OR BE CON- VICTED OF A CRIME OF A GRADE ABOVE A MISDEMEANOR; IN THE EVENT OF A VACANCY OCCURRING IN THE OFFICE OF COUNCILMEMBER OR MAYOR FROM ANY CAUSE WHATSOEVER, A SPECIAL ELECTION SHALL BE HELD WITHIN SIXTY (60) DAYS AFTER THE VACANCY OCCURS FOR THE PURPOSE OF FILLING SUCH A VACANCY. IF THE VACANCY OCCURS WITHIN NINETY (90) DAYS OF THE GENERAL ELECTION, IT SHALL NOT BE FILLED BY SPECIAL ELECTION; (5) AMENDMENT ADDING TO SECTION 15 OF ARTICLE III TO PROVIDE THAT THE CITY COUNCIL MAY APPOINT A COMPETENT AND LICENSED ATORNEY RESIDING IN THE CITY OF STEPHENVILLE AS ASSISTANT CITY ATTORNEY, 189 WHOSE COMPENSATION MAY BE FIXED BY THE CITY COUNCIL AND WHO SHALL HOLD HIS OFFICE AT THE COUNCIL'S WILL AND PLEASURE; (6) AMENDMENT CHANGING SECTION 17 OF ARTICLE III TO PROVIDE THAT THE CITY COUNCIL SHALL ADOPT THE BUDGET OF THE CITY AND FIX THE TAX RATE OF THE CITY AND APPOINT THE MEMBERS OF THE PLANNING AND ZONING COMMISSION AND ANY OTHER COMMISSIONS THE COUNCIL DEEMS NECESSARY TO SERVE THE CITY; (7) AMENDMENT CHANGING ARTICLE IV, SECTION 1 TO PROVIDE THAT GENERAL ELECTION OF MEMBERS OF THE CITY COUNCIL SHALL BE HELD ON THE FIRST SATURDAY IN MAY OR SUCH DATE AS MAY BE SET BY THE LAWS OF THE STATE OF TEXAS; (8) AMENDMENT ADDING TO ARTICLE IV, SECTION 3 THAT APPLICATIONS AS A CANDIDATE FOR COUNCILMEMBER SHALL BE IN SUBSTANTIALLY THE SAME FORM AS PROVIDED BY THE OFFICE OF THE SECRETARY OF STATE; (9) AMENDMENT CHANGING ARTICLE IV, SECTION 6 TO PROVIDE THAT RETURNS OF ELECTION SHALL BE MADE BY ELECTION OFFICERS TO CITY COUNCIL IN A CALLED OR REGULAR COUNCIL MEETING NOT LATER THAN SIX DAYS AFTER ELECTION OR AS SPECIFIED BY THE LAWS OF THE STATE OF TEXAS; (10) AMENDMENT OF ARTICLE V TO USE THE WORDS "MUNICIPAL COURT" IN LIEU OF "COPORATION COURT" AT ALL PLACES WHERE IT APPEARS IN THIS ARTICLE; (11) AMENDMENT TO ARTICLE VII , SECTION 8 TO PROVIDE THAT EXPENDITURES IN EXCESS OF $5,000.00 MUST BE EXPRESSLY APPROVED IN ADVANCE BY THE CITY COUNCIL AND ON CONTRACTS INVOLVING MORE THAN $5,000.00, THAT THERE SHALL BE AN OPPORTUNITY FOR COMPETITIVE BIDDING; AND THAT ON EXPENDITURES OF MORE THAN $10,000.00, ON CONTRACTS WITH THE CITY THERE SHALL BE NOTICE OF TIME AND PLACE OF LETTING CONTRACT BY PUBLICATION FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF STEPHENVILLE; MAKING REQUIREMENT THAT ANY CITY IMPROVEMENT COSTING MORE THAN $10,000.00 SHALL BE EXECUTED BY CONTRACT, SUCH CONTRACTS SHALL BE AWARDED TO LOWEST RESPONSIBLE BIDDER AFTER PUBLIC NOTICE AND COMPETITION; EXCEPT WHERE CITY COUNCIL AUTHORIZES THE IMPROVEMENT TO BE EXECUTED DIRECTLY BY A CITY DEPARTMENT IN CONFORMITY WITH DETAILED PLANS, SPECIFICATIONS AND ESTIMATES; ALL CONTRACTS SHALL BE APPROVED BY THE CITY ATTORNEY; (12) CHANGES ARTICLE IX, SECTION 1 TO RECOGNIZE THAT APPRAISAL AND ASSESSMENT OF CITY TAXES IS NOW GOVERNED BY THE TAX CODE OF THE STATE OF TEXAS AND IS VESTED IN THE ERATH COUNTY CENTRAL APPRAISAL DISTRICT AND PROVIDES THAT THE CITY MAY CONTRACT WITH THE CENTRAL APPRAISAL DISTRICT AND TAX COLLECTOR OF ERATH COUNTY, TEXAS FOR THE COLLECTION OF CITY TAXES AND ISSUANCE OF RECEIPTS THEREFOR, AND THE CITY MAY CONTRACT WITH ATTORNEYS FOR THE COLLECTION OF DELINQUENT TAXES DUE THE CITY WHICH HAS THE EFFECT OF CANCELLING SECTIONS ONE THROUGH TEN OF ARTICLE IX; (13) AMENDMENT CHANGING ARTICLE X, SECTION 10 TO RECOGNIZE THAT CITY COUNCIL SHALL HAVE FULL POWER TO REGULATE BY ORDINANCE THE RATES AND SERVICE OF EVERY PUBLIC UTILITY OPERATING IN THE CITY EXCEPT AS SUCH REGULATIONS ARE GIVEN BY STATE LAW TO THE PUBLIC UTILITY COMMISSION OF THE STATE OF TEXAS; (14) AMENDMENT WHICH ADDS TO ARTICLE XII , NEW SECTION 10, PROVIDING THAT THE USE OF THE SINGULAR NUMBER INCLUDES THE PLURAL, AND THE PLURAL THE SINGULAR, AND WORDS USED IN THE MASCULINE GENDER INCLUDE THE FEMININE ALSO, UNLESS BY REASONABLE CONSTRUCTION, IT APPEARS THAT SUCH WAS NOT THE INTENTION OF THE LANGUAGE OF THIS CHARTER. Seconded by Councilmember Allen Horne, the motion carried by the following rollcall vote: AYES: Councilmembers Bob Self, Helen Martin, Allen Horne, Maxine Dameron, Jim McSwain, and Joel Hillin. 190 NOES: Mayor George Swearingen and Councilmember Jim Bostic. ABSENT: Councilmember Vicki Truss. 89-03-063: APPOINTMENT OF ELECTION JUDGE AND ALTERNATE JUDGE. Councilmember Helen Martin made the motion that Mrs. Faye Howell be appointed presiding Election Judge and Mrs. Louise Skipper be appointed alternate Election Judge. Seconded by Councilmember Maxine Dameron, the motion carried UNANIMOUSLY. There being no other business to come before the Council , Mayor George Swearingen adjourned the meeting at 5:40 p.m. ATTEST: Mayor'-8eorge Swearingen zj'�2�- Voyde femberton, City Secretary 191