Title
Resolution ordering a Special Election for November 6, 2018 for consideration of amendments to the City's Charter.
Summary
This item was requested by Councilmember Mike Heath to consider ordering a special election to consider a charter amendment to provide that the mayor have the right and responsibility to prepare agendas and to provide that the mayor vote only if there is a tie.
Texas Local Government Code Sec. 9.004 provides that the governing body of a municipality on its own motion may submit a proposed charter amendment to the municipality's qualified voters for their approval at an election.
The last charter amendment election was held on November 8, 2016. The next Charter Review Commission will be appointed in November 2020 for consideration of charter amendments for the November 2021 election.
This item has been posted on a supplemental agenda to provide for Spanish translation for this agenda item topic. The supplemental agenda in Spanish is attached.
The City Attorney has approved the resolution as to form.
The City Attorney notes the following effects if the proposed amendment were to be adopted:
1. There would be six voting members on City Council.
2. A quorum for conducting business would still be four, including the Mayor, so hypothetically only three voting members and the Mayor could create a quorum for conducting business and adopt an ordinance on a vote of 2 council members.
3. An adoption of an emergency ordinance would now require a super majority - majority of six being four or two-thirds of the voting members.
4. An adoption of a budget ordinance would now require a super majority - majority of six being four or two-thirds of the voting members.
5. An adoption of an ordinance pertaining to the borrowing of money would now require a super majority - majority of six being four or two-thirds of the voting members.
6. A vote to remove a City Council member from office would now require a super majority - majority of six being four or two-thirds of the voting members.
7. When all six (6) voting Council Members are present it will require a super majority to take any action - majority of six being four or two-thirds of the voting members.
Previous City Council Action
None.
Deadline for City Council Action
August 20, 2018 is the deadline for ordering elections to take place on November 6, 2018.
Fiscal Impact
$50,000 is included in the proposed 2019 fiscal year budget for election expenses. At this time, a firm cost estimate is not available.
Staff Recommendation
Discuss and take action as desired.
Drafter
Karen Thompson
City Secretary