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HomeMy WebLinkAbout1989-06-21 - Special City Council MINUTES OF SPECIAL MEETING City of Stephenville - City Council MONDAY, JUNE 21, 1989 - 5:00 P.M. The City Council of the City of Stephenville, Texas, convened in special session on June 21, 1989 at 5:00 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 6252-17, Section 3A, V.T.C.S. , with the following members present, to wit: Mayor: George Swearingen Mayor Pro Tem: Bob Self Helen Martin Vicki L. Truss Ray Reynolds James L. McSwain Jim Bostic Absent: Allen Horne and Joel Hillin Others Attending: Kurt Ackermann City Administrator Joyce Pemberton City Secretary Charlene Young Director of Finance Joseph Chandler City Attorney Randy Thomas Assistant City Attorney Mayor George Swearingen called the meeting to order and declared a quorum pre- sent. Mayor George Swearingen stated the purpose of this meeting was to consider an ordinance relating to two different petitions. Assistant City Attorney Randy Thomas advised the Council that an AGREEMENT FOR ELECTION AND NON-SUIT had been drawn up as agreed with the Taxpayers' Association and it should be signed by both parties before discussion and/or passage of the ordinance. (Copy of agreement attached and becoming a part of these minutes) There being no discussion, Councilmember Jim Bostic made the motion, seconded by Councilmember Vicki Truss, to pass and approve AN ORDINANCE PROVIDING THAT THERE SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY OF STEPHENVILLE AT ELECTION TO BE HELD ON THE 12th DAY OF AUGUST 1989. THE MATTER OF OF AMENDING THE CHARTER OF THE CITY OF STEPHENVILLE BY AN AMENDMENT TO THE PRESENT CHARTER OF THE CITY OF STEPHENVILLE PROVIDING FOR RECALL OF ANY ELECTED OFFICIAL OF STEPHENVILLE AND ANY CITY ATTORNEYS BY RECALL ELECTION AFTER PETITION THEREFORE ADDRESSED TO THE CITY COUNCIL OF STEPHENVILLE IN CONFORMITY WITH THE LAWS OF THE STATE OF TEXAS AND ALSO THE MATTER OF AMENDING THE CHARTER OF THE CITY OF STEPHENVILLE TO PROVIDE (a) THERE SHALL BE NO INCREASE IN THE EFFECTIVE TAX RATE OF MORE THAN THREE PER CENT (3%) IN ANY YEAR UNLESS THE MAYOR AND ALL ELECTED COUNCIL MEMBERS UNANIMOUSLY VOTE TO APPROVE SUCH INCREASE AND (b) THE MAYOR AND COUNCIL SHALL NOT RAISE THE EFFECTIVE TAX RATE BY MORE THAN EIGHT PER CENT (8%) IN ANY YEAR WITHOUT FIRST SUBMITTING SUCH AN INCREASE TO THE VOTERS FOR THEIR DIRECT APPROVAL AT A REFERENDUM ELECTION. The motion carried by the following roll call vote: AYES: Councilmembers Bob Self, Helen Martin, Vicki Truss, Ray Reynolds, Jim McSwain, Jim Bostic and Mayor George Swearingen. NOES: None ABSENT: Councilmembers Allen Horne and Joel Hillin. Mayor George Swearingen commented that he was very glad this solution had been reached by the parties involved today. He said he personally felt that it is a sad commentary that there had to be compromises by both sides to reach the solution. Now I think we should all go to work to assure that this kind of 224 wrangling and disruption never occurs again in our town. I hope this will be a re-enforcement of the attitude that government is for the people and by the people. After all without the people that government would not be needed. We all hope that today will be a day of healing and trust building and that Stephenville will go forward to build upon the belief that it is a great place to live. There being no other business to come before the Council , Mayor George Swearingen adjourned the meeting at 5:20 p.m. ATTEST: Geor wear en, Ma yce emberton, City Secre ary 225 NOTICE OF ELECTION TO AMEND THE HOME RULE CHARTER OF THE CITY OF STEPHENVILLE, TEXAS TO THE QUALIFIED VOTERS OF THE CITY OF STEPHENVILLE, TEXAS : The City Council of Stephenville has passed an oridinance ordering an election to submit to the qualified voters of Stephenville amendments to the Home Rule Charter of Stephenville as follows : PROPOSITION NUMBER 1 "Shall the City Charter of the City of Stephenville be amended by adding to Article II thereof the following provision: Section 5 -- Reservation of Right of Recall by Citizens of Elected Officials and City Attorneys (a) Scope of Right of Recall -- Any city official, elected by the people, and any city attorney, shall be subject to recall and removal from office by the qualified voters of the city. (b) Petition for Recall -- Before the question of recall of such officer shall be submitted to the qualified voters of the city, a petition demanding such question shall first be filed with the city secretary. The petition shall be signed by registered voters of the city equal in number to at least twenty-five percent (25%) of the number of votes cast at the last regular municipal election of the city, but in no event less than four hundred such petitioners. Each signer of such recall petition shall personally sign 1 their name thereto, and shall write after their name their place of residence, and shall also write thereon the day, the month, and year their signature was affixed. (c) Form of Recall Petition -- The recall petition must be addressed to the City Council of Stephenville, Texas, and must state the ground or grounds upon which such petition for removal is based. (d) Verification of Signatures -- Immediately upon presentation of a recall petition to the city secretary, the petition shall be checked against the most recent list of registered voters of the city and such check shall employ a fair and reasonable method to determine whether the signers are qualified to sign the recall petition. Signers of the petition need not sign their name exactly as printed on the voter registration list. (e) Presentation of Petition to Council and Hearing to be Held -- Within five (5) days after the date of the filing of the papers constituting the recall petition, the city secretary shall present such petition to the City Council. The officer whose removal is sought may, within five (5) days after such removal petition has been presented to the City Council, request that a public hearing be held to permit the officer to present facts pertinent to the charges in the recall petition. In this event, the City Council shall order such a public hearing to be held, not less than five (5) days or more than fifteen days after receiving such a request for a public hearing. -1- (f) Election to be Called -- If the officer whose removal is sought does not resign, an election shall be called by the City Council not less than twenty-five (25) days nor more than thirty-five (35) days from the date such petition was presented to the City Council, or from the date of the public hearing if one is held. (g) Ballots in Recall Election -- Ballots used at recall elections shall conform to the following requirements: (1) With respect to each person whose removal is sought, n the question shall be submitted: ' Shall (name of person) be removed from the office of (name of office) by recall?' (2) Immediately below each such question there shall be printed the two following propositions , one above the other, in the order indicated: 'For the recall of (name of person) ' 'Against the recall of (name of person) ' In voting said ballot the same voting procedure shall be followed as prescribed by the State of Texas. (h) Results of Recall Election -- If a majority of the votes cast at a recall election shall be against the recall of the person named on the ballot, the officer shall continue in office for the remainder of their unexpired term, subject to recall as before. If a majority of the votes cast at such an election be for the recall of the person named on the ballot, that person shall be deemed removed from office and the vacancy shall be filled as other vacancies in the City Council are filled. (i) Recall, Restrictions Thereon -- No recall petition shall be filed against any elected officer of the city within six (6) months after their election, or within six (6) months after an election for such officer' s recall. PROPOSITION NUMBER 2 "SHALL the City Charter of the City of Stephenville be amended by adding to Article IX thereof the following provision: There shall be no increase in the effective tax rate of more than three percent (3%) in any year unless the Mayor and all elected council members unanimously vote to approve such an increase. PROPOSITION NUMBER 3 "SHALL the City Charter of the City of Stephenville be amended by adding to Article IX thereof the following provision: The Mayor and Council shall not raise the effective tax rate by more than eight percent (8%) in any year without first submitting such an increase to the voters for their direct approval at a referendum election. The foregoing charter amendments shall be submitted to the qualified voters of the City of Stephenville at city election to be held in the City of Stephenville on the 12th day of August, -2- 1989, and notice of such election which shall include substantial copy of the proposed amendments shall be given by publication on the same day in each of two successive weeks, the first publica- tion to be not less than fourteen (14) days prior to the election date in a newspaper of general circulation published in the City of Stephenville. Said election shall be held at the Recreation Hall in the City Park in the City of Stephenville and shall be held under the provisions of the Laws of the State of Texas, and all persons qualified to vote in said city under the laws of this state shall be permitted to vote. Absentee voting shall be conducted at the office of the City Secretary under normal working hours in the City Hall at 354 North Belknap, Stephenville, Texas, from July 24th 1989 to August 4th, 1989 , and the hours for absentee voting shall be from 8 :30 a.m. to 5 : 00 p.m. The ballots for said election shall be prepared in sufficient number and in conformity with the Laws of the State of Texas so as to permit electors to vote "FOR" or "AGAINST" the above charter amendment propositions which shall appear on the official ballot in substantially the same form as hereinabove set out. All voters desiring to vote for the adoption of each respective proposed amendment shall check on their ballot with regard to said amendment, if they desire to have same adopted, the word "FOR" and those opposed shall check the word "AGAINST" if they desire to have the same rejected. ISSUED this the 21st day of June 1989 . Geo e Swearingen, Mayor ( 1 -3-