HomeMy WebLinkAbout10-09-12 Citizen's Charter Review Advisory CommissionCHUCK HARRINGTON
Chair
DAVID BRADY
Vice Chair
NOLAN ALLEN
TIM COWART
PAUL FEAZELLE
MARK FOLDS
NANCY LOTZE
NANCY OJEDA
STAN SHERWOOD
CITY OF LA PORTE CITIZENS' CHARTER REVIEW ADVISORY COMMISSION
MEETING MINUTES OF OCTOBER 9, 2012
The Citizens' Charter Review Advisory Commission met on October 9, 2012, at 6:00 p.m. in the
La Porte City Hall Council Conference Room, 604 West Fairmont Parkway, La Porte, Texas, to
consider the following items of business:
1. Call to Order and Roll Call
Chairman Chuck Harrington called the meeting to order at 6:03 p.m. Commissioners present
were: David Brady, Mark Follis, Nolan Allen, Paul Feazelle and Stan Sherwood. Absent:
Commissioners Nancy Ojeda, Nancy Lotze, and Tim Cowart. Staff present: Patrice Fogarty and
Clark Askins.
2. Approval of minutes of Commission meeting on September 25, 2012.
Commissioner Brady moved to approve minutes of the September 25, 2012, meeting.
Commissioner Allen seconded. MOTION PASSED. Commissioner Follis abstained because he
was not present at the September 25, 2012, meeting.
3. The Commission began examination of Article VIII.
ARTICLE VIII. GENERAL PROVISIONS
8.01. Publicity of records — No proposed change except to update citation of law and the words
"Public Information Act."
8.02 Employees and Officers
8.02 (a) Personal financial interest. — No proposed changes
8.02 (b) Employment interest. — No proposed changes.
8.02 (c) Nepotism.
Clark Askins commented that the state statute on nepotism applies only to paid positions.
Regarding this City Charter provision, Commissioner Feazelle moved to leave 8.02(c) as is.
Commissioner Sherwood seconded. MOTION PASSED UNANIMOUSLY.
8.02(d) Bonds
Clark Askins will review this section and consult with Michael Dolby, Finance Director.
8.02 (e) Oath of Office
Patrice Fogarty will consult with the Secretary of State's office on whether it is lawful to add
additional language to the oath of office to include the preserving, protecting and defending
the laws of the City of La Porte and the City Charter.
8.02 (f) Discharge — No proposed changes.
Citizens' Charter Review Advisory Commission
Minutes of October 9, 2012 Meeting
8.02 (g) Injuries, insurance — No proposed changes.
8.02 (h) Pensions — Propose striking entire section and add general enabling authority.
8.03 Assignment, execution and garnishment of city property — No proposed changes.
8.04 City not required to give security or execute bond — No proposed changes.
8.05 Effect of this Charter on existing law — No proposed changes.
8.06 Amending this Charter
Add new 8.06(a) provision and rename the existing paragraphs, as follows:
New 8.06(a) Add provision to review the Charter every 10 years.
Old 8.06(a) Rename to 8.06(b) — In the first paragraph, first sentence, amend to read
"qualified voters" as opposed to "electors." In the second paragraph, first sentence, strike
of the electors." Staff will ensure references to a special election date adhere to state
election laws.
Old 8.06(b) Rename to 8.06(c) and amend citation to name current Texas Election Laws.
8.07 Severability clause — No proposed changes.
8.08 References to laws — No proposed changes.
8.09 Approval of this Charter — No proposed changes.
8.10 Provisions for transition — No proposed changes.
Article V was revisited after having conducted a review by the Finance Director, Michael Dolby.
Article V. Finance Administration
5.01 Division of taxation
5.01(a) Property subject to tax, method of assessment — No proposed changes to the first
paragraph. Amend the second paragraph as follows:
Each person, partnership and corporation owning property within the limits of the city shall on the first day
of January render property to the appraisal district as set forth in the Property Tax Code, between -the
limits on the first day of januaFy of the GUFFeA yeaF. iR
t
jeFed by the ewfleF4hefeGf-.
5.01(b) Board of equalization — This section is obsolete. Strike entire section: 5.01(b)(1), (2),
(3), (4) and (5).
Citizens' Charter Review Advisory Commission
Minutes of October 9, 2012 Meeting
5.01(c) Payment of taxes — Rename to 5.01(b) due to striking original 5.01(b), and propose
changes to new 5.01(b) as follows:
5.01(b)(1). Payment of taxes.
1. When due and payable. All taxes due the city shall be payable at the office of the
assessor -collector and may be paid at any time after the tax rolls for the year have been
completed and approved, which shall be not later than October €Kst 15. Taxes shall be paid
before February first following the year for which the tax was levied, and all such taxes not
paid prior to such date shall be deemed delinquent and shall be subject to such penalty and
interest as provided by use the Texas Property Tax Code.
5.01(b)(2). Tax liens.
2. The tax levied by the city is hereby declared to be a lien, charge or encumbrance
upon the property upon which tax is due, which lien, charge or encumbrance the city is
entitled to enforce and foreclose in any court having jurisdiction over the same, and the
lien, charge and encumbrance on the property in favor of the city, for the amount of taxes,
penalties and interest due on such property, is such as to give the state courts jurisdiction
to enforce and foreclose said lien on the property on which the taxes, penalties and interest
is due, not only as against any resident of this state or person whose residence is
unknown, but also as against nonresidents. All taxes upon real estate shall especially be a
lien and a charge upon the property upon which the taxes, penalties and interest are due,
which lien may be foreclosed in any court having jurisdiction.
5.02 Purchase procedure — Substitute "charged" for "changed" in the first sentence, second line.
Further proposed changes as suggested by Finance Director Michael Dolby are as follows:
All purchases made and contracts executed by the city shall be pursuant to a requisition from the
- head of the office, department or agency whose appropriation will be Ghanged charged, and no
contract or order shall be binding upon the city unless and until the city manager or his designee
approves the same and certifies that there is to the credit of such office, department or agency a
sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials,
equipment or contractual services for which the contract or order is to be issued. Before the city
may enter into a contract that requires an expenditure of more than five thousand dellaFs
($5;8004M) fifty thousand dollars ($50,000) or state requirement, whichever is greater, the city
must comply with the procedure prescribed by V.T.C.A., Local Government Code § 252.001 et
seq., for competitive sealed bidding or competitive sealed proposals. The city may use the
competitive sealed proposals procedure for purchase of
goods or services, including high technology procurements and insurance. Council may by
ordinance confer upon the city manager general authority to contract for expenditures without
further approval of council for budgeted items not exceeding five fifty thousand dollars
($50,000.00) or state requirement, whichever is greater. All contracts for expenditures involving
more than fwe fifty thousand dollars ($50,000.00), whichever is greater, must be expressly
approved in advance by council. If the competitive sealed bidding requirement applies to the
contract, the contract must be awarded to the lowest responsible bidder or best value as
prescribed by V.T.C.A., Local Government Code §252.043, et seq. Council or the city manager, in
such cases as he is authorized to contract for the city, may reject any and all bids. If the
competitive sealed proposals requirement applies to the contract, the contract must be awarded to
the responsible offeror whose proposal is determined to be the most advantageous to the city
considering the relative importance of price and the other evaluation factors included in the request
for proposals. Council by ordinance may increase the five fifty thousand dollar ($50,000.00)
limitation herein provided to conform to subsequent increases authorized by state law. Contracts
for professional services for which bidding is prohibited by state law shall not be let on competitive
bids. Procurement of architectural or engineering services shall be in accordance with the
Professional Services Procurement Act. In the event of conflict between any provision of this
section and state law, state law shall prevail.
Citizens' Charter Review Advisory Commission
Minutes of October 9, 2012 Meeting
Some Commission members recommend the following passage as prescribed in the City of Pearland
Charter:
City of Pearland Charter — Section 8.17.- Purchase procedure.
All purchases made and contracts executed by the city shall be pursuant to a requisition from the head of the
office, department or agency whose appropriation will be charged, and no contract or order shall be binding
upon the city unless and until the city manager certifies that there is to the credit of such office, department
or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials;
equipment, or contractual services for which the contract or order is issued. All purchases made and
contracts executed by the city shall be made in accordance with the requirements of this charter and all
applicable requirements of the Constitution and Statutes of the State of Texas. All contracts for purchases or
expenditures must be expressly approved in advance by the council, except that the council may by
ordinance confer upon the city manager, general authority to contract for expenditures without further
approval of the council for all budgeted items the cost of which does not exceed the constitutional and
statutory requirements for competitive bidding.
5.03 Alterations in contracts — Proposed change as follows:
the total GORtFaGt when upon
Any change orders or alterations in contracts shall be subject to provisions as set out in the Local
Government Code.
5.04 Fees shall be paid to city — No proposed changes.
5.05 Borrowing
5.05(a) Negotiable notes — No proposed changes.
5.05(b) Capital Improvements — No proposed changes to 5.05(b)(1). Propose to strike
5.05(b)(2) and 5.05(b)(3) in their entirety.
5.06 Disbursement of funds — No proposed changes.
6.07 Independent audit — No proposed changes.
5.08 Appropriations lapse at end of year — No proposed changes.
4. Discussion/action regarding setting next meeting date.
The next meeting will be on October 30, 2012, at 6:00 p.m., in the council conference room.
5. Commission Comments — Matters appearing on agenda; Recognition of community members, city
employees, and upcoming events; Inquiry of staff regarding specific factual information or existing
policy.
There were no additional comments from Commission members.
Citizens' Charter Review Advisory Commission
Minutes of October 9, 2012 Meeting
6. Adjourn
There being no further business, Commissioner Feazelle moved to adjourn the meeting at
7:52 p.m. Commissioner Sherwood seconded. MOTION PASSED UNANIMOUSLY.
R ectfully submitted,
Patrice Fogarty, ity Sec tary
Passed d a rov n Octo er 0, 2012.
Chuck H rrington, Chairrain
Citizens' Charter Review Advisory Commission
Minutes of October 9, 2012 Meeting