Charter Amendments

1
Charter Amendments

• Presented by
• Charter Amendments for San Angelo

2
What is a city charter?

• A City Charter is effectively a city's
  constitution.
• A Charter defines the basic structure of city
  government.
• A Charter sets limits on what city government can
  and can't do.
• A Charter, along with the U.S. Constitution and
  the Texas Constitution, is the fundamental law of
  a city.

3
Why change our Charter

• Our Charter was originally adopted in 1915 and
  the city has grown and changed since then.
• Parts of our Charter conflict with Texas or
  Federal laws, or reference laws that no longer
  exist.
• Parts of our Charter have fixed dollar amounts
  with no way to adjust for inflation.
• Charter changes are needed to promote better
  management, operation, and accountability.
• The last major reviews were in 1975, 32 years ago
  and 1989, 18 years ago.

4
Where did these changes come from?

• City council appointed a 7 member Charter Review
  Committee in March.
• A list of preliminary areas to look at was
  suggested by the council.
• All Charter sections were open to review.
• City staff was consulted on impact and legal
  implications.
• Public input was solicited and welcomed.
• 26 changes are the committees recommendations.
• The council added 3 (2 on election code, on on
  the city clerk) proposals and approved all 29.

5
Charter Changes

• The Recommended Changes

6
Proposition 1

• Shall Section 5 of the Charter regarding
  corporate powers of the City be amended to
  eliminate surplus language and delete the
  reference to maximum fines of 200.00?

7
Current Section 5Corporate Powers

• The City shall have all the powers granted to
  cities by the Constitution and Laws of the State
  of Texas together with all of the implied powers
  necessary to carry into execution such granted
  powers.  The powers hereby conferred expressly
  and permissively by Chapter 147, Page 307, of the
  Acts of the 33rd Legislature, Regular Session,
  enacted in 1913 pursuant to the Home Rule
  Amendment of the Constitution of Texas, known as
  the Enabling Act and including Articles 1175,
  1176, 1177, 1178, 1179 and 1180 of the Revised
  Civil Statutes of Texas, 1925, as now or
  hereafter amended, all of which are hereby
  adopted.  In addition to the powers enumerated
  herein, and subject only to the limitations
  imposed by the Constitution and Laws of the State
  of Texas and this Charter, the City shall have,
  without the necessity of express enumeration,
  each and every power, which by virtue of Article
  XI, Section 5 of the Texas Constitution, the
  people are empowered by election to grant or
  confer upon the city by expressly and
  specifically granting and enumerating the same
  herein.  All such powers, whether express  or
  implied, shall be exercised and enforced in the
  manner prescribed in this  Charter or when not
  prescribed herein, in such manner as shall be
  provided by ordinance.  The City Council shall
  provide for the enforcement of all ordinances
  enacted by it by a fine not to exceed Two Hundred
  (200.00) Dollars.

8
Why change Section 5?Corporate Powers

• State law references are no longer current.
• Much of the section is redundant or unnecessary.
• The 200.00 limit on fines is out dated and not
  supported by state law.

9
Proposed Section 5.Corporate Powers

• The City shall have all the powers granted to
  cities by the Constitution and Laws of the State
  of Texas together with all of the implied powers
  necessary to carry into execution such granted
  powers. 

10
Proposition 2

• Shall Section 6 of the Charter be amended by
  adding a provision excepting the Citys property
  and funds from execution and garnishment?

11
Current Section 6Exemption from liability for
damages

• The Council shall establish by ordinance the
  necessary notice requirements that an individual
  or entity must meet before pursuing a liability
  claim against the City for property damages,
  death or personal injury. 

12
Why Change Section 6Exemption from liability for
damages

• State law allows a municipality to protect the
  city's property from execution.
• The current section of the charter only requires
  a procedure for notice before suit.
• The proposed changes protects city property and
  funds without impacting potential liability or
  responsibility.

13
Proposed Section 6Exemption from liability for
damages

• No property owned or held by the City shall be
  subject to any execution of any kind or nature.
  No funds of the City shall be subject to
  garnishment, and the City shall never be required
  to answer in any garnishment proceedings. The
  Council shall establish by ordinance the
  necessary notice requirements that an individual
  or entity must meet before pursuing a liability
  claim against the City for property damages,
  death or personal injury. 

14
Proposition 3

• Shall Section 7 of the Charter be amended to
  delete language naming the Mayor as chief
  Executive Officer of the City?

15
Current Section 7 para. 1Municipal Government

• The governing authority of the City shall be
  known as the Council and shall consist of seven
  (7) Members, including the Mayor.  The Mayor
  shall be the presiding officer of the Council and
  shall also be the Chief Executive Officer of the
  City.

16
Why change Section 7 para. 1?Municipal Government

• The Charter currently assigns the Mayor the title
  of CEO.
• The Charter currently assigns all CEO duties,
  such as hiring and firing, to the City Manager.
• Texas AG opinions says duties determine the CEO
  for appointment of chiefs and Civil Service
  Commissioners.
• The duties of the Mayor duplicate another section
  of the charter.
• This change removes these conflicts.

17
Proposed Section 7 par. 1Municipal Government

• The governing authority of the City shall be
  known as the Council and shall consist of seven
  (7) Members, including the Mayor. 

18
Proposition 4

• Shall Section 9 of the Charter be amended to
  delete qualifications for City Council members
  relating to delinquent taxes and interests in
  contracts or sales with the City?

19
Current Section 9 para. AQualifications

• A. In addition to the requirements prescribed by
  law, the following shall be the qualifications
  for the Members of the City Council
• Candidates for the City Council shall have been
  City residents for the 12 months next preceding
  the election and Candidates for Single Member
  District representatives shall have been
  residents of their respective districts for 6
  months next preceding the election.
• No Member shall be an employee of the City.
•  All candidates must possess the qualifications
  of a voter.
•  No person shall be eligible for the City Council
  who, at the time of taking office, is delinquent
  in payment of a valid tax levy, assessment paving
  lien or contractual debt or is indebted to the
  City in any sum of money on judgment.
• No Member shall have an interest in the profits
  or emoluments of any contract, job, work or
  service for the City.
•  No Member shall have an interest in the sale to
  the City of any supplies, equipment or material.

20
Current Section 9 Para B - EQualifications

• B. Any Member who shall cease to possess any of
  the qualifications herein required shall forfeit
  his office.
• C. Any contract in which a Member is or becomes
  interested may be declared void by the Council.
• D. Each person elected to City office, as a
  condition to being administered the oath of
  office, shall have filed with the City Secretary
  a signed, sworn statement indicating that he or
  she is in compliance with the above stated
  qualifications and requirements.
• E. Each person subject to this provision shall
  file with the City Secretary a signed, sworn,
  updated revision of this statement, annually,
  while in office. 

21
Why change Section 9Qualifications?

• Restrictions based on tax levies have been
  declared unconstitutional by federal courts.
• Broad restrictions on interest in a contract with
  the city are most likely unconstitutional.
• State law already governs conflict of interest in
  some detail.
• Council members will still not be able to vote on
  or discuss issues where there is a potential
  conflict. The will have to recuse themselves.

22
Proposed Section 9Qualifications

• A. In addition to the requirements prescribed by
  law, the following shall be the qualifications
  for the Members of the City Council
• 1. Candidates for the City Council shall have
  been City residents for the 12 months next
  preceding the election.
• 2. All candidates must possess the qualifications
  of a voter.
• 3. No member of the City Council shall be
  employed under the city government while a member
  of the City Council.
• B. Any Member who shall cease to possess any of
  the qualifications herein required shall forfeit
  their office.
• C. Each person elected to City office, as a
  condition to being administered the oath of
  office, shall have filed with the City Secretary
  a signed, sworn statement indicating that he or
  she is in compliance with the above stated
  qualifications and requirements.
• D. Each person subject to this provision shall
  file with the City Secretary a signed, sworn,
  updated revision of this statement, annually,
  while in office. 

23
Proposition 5

• Shall Section 10 of the Charter be amended in its
  entirety to provide for an administrative
  allowance of 500.00 per month for the Mayor and
  300.00 per month for each councilmember with
  cost of living adjustments, plus the same
  insurance benefits offered to employees and a car
  allowance to be set by the City Council at an
  amount not to exceed the City Managers car
  allowance?

24
Current Section 10Compensation and Attendance

• The compensation of the Mayor shall be eighteen
  hundred (1,800.00) dollars, and of each Council
  member shall be fifteen hundred (1,500.00)
  dollars per annum, payable in monthly
  installments, provided that if Chapter Two of
  this proposed Charter is adopted and becomes a
  part of this Charter the compensation of the
  Mayor shall be six hundred (600.00) dollars per
  annum and of each Council member shall be five
  hundred (500.00) dollars per annum, payable in
  monthly installments, provided, however, that in
  either event the Mayor or either Council member
  shall forfeit ten (10.00) dollars of his salary
  if absent from any regular meeting of the
  Council, unless such absence from the meeting is
  unavoidably necessitated in the services of such
  officer on business of the city away from the
  city at the time the meeting is held.

25
Why Change Section 10Compensation and Attendance?

• It appears the current compensation was set in
  1915 and last looked at around 1947, when the
  city changed to a city manager form of
  government.
• Compensation has not kept up with inflation.
• Recent Texas AG opinions imply that ALL
  compensations, including car allowances and
  insurance, should be in the city charter.
• The recommended allowance should be sufficient to
  cover council member expenses but not treat it as
  a full time job.
• The change would tie increases to local wages and
  isolate them from most political pressure.

26
Proposed Section 10Administrative Allowance
Benefits and Attendance

• The administrative allowance of the Mayor shall
  be 500.00 per month and the administrative
  allowance of each Council member shall be 300.00
  per month. Effective October 1, 2008, and at the
  beginning of each subsequent fiscal year of the
  City, the administrative allowance shall be
  adjusted to incorporate annual increases based on
  increases to the Bureau of Labor Statistics
  median wage index for San Angelo residents. The
  Mayor and each councilmember shall also receive a
  car allowance set by the City Council at an
  amount not to exceed the City Managers car
  allowance and shall be offered insurance benefits
  on the same terms available to City employees.
  Policies regarding attendance may be established
  by ordinance.

27
Proposition 6

• Shall Section 11 of the Charter be amended to
  allow the City Council to designate officers of
  the City to sign bonds, warrants and other
  official documents?

28
Current Section 11Duties of the Mayor

• The Mayor of the city shall be the presiding
  officer of the Council.  He shall vote as a
  member of the Council on all matters coming
  before the body, sign all bonds, warrants and
  other official documents be the official head of
  the city, exercise all powers and perform all
  duties imposed upon him by this charter and by
  the ordinances of the city, and resolutions of
  the Council.

29
Why change Section 11Duties of the Mayor

• The Mayor is currently required to sign all
  official documents.
• There are times when the City Council should be
  able to delegate this to some staff member.
• This section overlaps part of Section 7 para 1.
• These overlaps are addressed here and in the
  proposed changes to Section 7.

30
Proposed Section 11Duties of the Mayor

• The Mayor of the city shall be the presiding
  officer of the Council maintaining order and
  decorum.  The Mayor shall
• A. vote as a member of the Council on all matters
  coming before the body
• B. sign all bonds, warrants and other official
  documents, unless some other officer or agent of
  the city is designated and expressly authorized
  to do so by the City Council
• C. be the official head of the city and
• D. exercise all powers and perform all duties
  imposed upon the Mayor by this charter and by the
  ordinances of the city, and resolutions of the
  Council.

31
Proposition 7

• Shall Section 15 of the Charter be amended in its
  entirety to remove references to the Recorder,
  Board of Education and the City Manager to
  reaffirm the City Councils authority to
  establish departments and prescribe duties and
  to provide for direction by the City Manager?

32
Current Section 15Departments

• The City Council shall create and consolidate
  such appointive offices and may divide the
  administration of the city's affairs into such
  departments, as they may deem advisable, and may
  discontinue any such appointive office or
  department except the office of Recorder and the
  Board of Education at their discretion, and
  except the office of City Manager, in case
  Chapter Two of this Charter shall be adopted and
  become a part hereof.

33
Why change Section 15Departments?

• The offices of Recorder and Board of Education no
  longer exist.
• Chapter 2 (sections 26 thru 30) was passed, so
  the City Manager is now a protected office.
• This change clarifies the lines of supervision
  within the city government.

34
Proposed Section 15Departments

• A. Creation of Departments. The City Council may
  establish city departments, offices, or agencies
  in addition to those created by this charter and
  may prescribe the functions of all departments,
  offices, and agencies. The City Council may
  abolish or combine one or more departments
  created by it and may assign or transfer duties
  of any department of the city from one such
  department to another by ordinance.
• B. Direction by City Manager. All departments,
  offices, and agencies under the direction and
  supervision of the city manager shall be
  administered by an officer appointed by and
  subject to the direction and supervision of the
  manager. With the consent of council, the city
  manager may serve as the head of one or more such
  departments, offices, or agencies or may appoint
  one person as the head of two or more of them.

35
Proposition 8

• Shall Section 18 of the Charter be amended to
  delete the 250.00 limit on appropriating money
  under emergency measures?

36
Current Section 18Emergency Measures

• DEFINED AND PROVIDED FOR An emergency measure is
  an ordinance or resolution for the immediate
  preservation of the public peace, property,
  health or safety, or providing for usual daily
  operation of a municipal department, in which the
  emergency is set forth and defined in a preamble
  thereto.  Ordinances appropriating money, not
  exceeding two hundred and fifty (250.00) dollars
  and ordinances for the payment of salaries and
  wages, may be passed as emergency measures, but
  no measure making a grant, renewal or extension
  of a franchise, or other special privilege or
  regulating the rate to be charged for its
  services by any public utility, shall ever be
  passed as an emergency measure.

37
Why change Section 18Emergency Measures?

• The 250.00 limit is too small to be useful in a
  genuine emergency situation.
• Any arbitrary local limit, in addition to the
  limits applied by state and federal laws, would
  hamper necessary emergency response.

38
Proposed Section 18Emergency Measures

• DEFINED AND PROVIDED FOR An emergency measure is
  an ordinance or resolution for the immediate
  preservation of the public peace, property,
  health or safety, or providing for usual daily
  operation of a municipal department, in which the
  emergency is set forth and defined in a preamble
  thereto.  Ordinances appropriating money and
  ordinances for the payment of salaries and wages
  may be passed as emergency measures, but no
  measure making a grant, renewal or extension of a
  franchise, or other special privilege or
  regulating the rate to be charged for its
  services by any public utility, shall ever be
  passed as an emergency measure.

39
Proposition 9

• Shall Section 21 of the Charter be amended to
  require that the full text of each new ordinance
  be available on the internet and that the
  location on the internet be published after
  adoption of such ordinance?

40
Current Section 21Publication of Ordinances

• Except as provided elsewhere in this charter or
  by law, the caption and penalty of only those
  ordinances providing for a fine require
  publication and then only after such ordinance is
  adopted.  Additionally, the City shall publish,
  after the time of adoption, a notice stating that
  the full text of such ordinance is available in
  the City Secretary's office during business
  hours.  All ordinances which do not require
  publication, shall become effective as of the
  date stated therein, and in the event no
  particular date is stated, said ordinances shall
  become effective from and after passage and
  adoption by the Council.  When publication is
  required, an ordinance shall become effective on
  the day after the date of publication or the date
  stated in the ordinance, whichever is later. 

41
Why change Section 21Publication of Ordinances?

• It is currently optional for the city to publish
  ordinances on the internet.
• The availability of ordinances on the internet
  increases their availability.
• Online and digital distribution results in
  significant cost reduction.

42
Proposed Section 21Publication of Ordinances

• Except as provided elsewhere in this charter or
  by law, the caption and penalty of only those
  ordinances providing for a fine require
  publication and then only after such ordinance is
  adopted.  Additionally, the City shall publish,
  after the time of adoption, a notice stating that
  the full text of such ordinance is available in
  the City Secretary's office during business hours
  and an address or location on the internet where
  a copy of the full text of such ordinance is
  available.  All ordinances which do not require
  publication, shall become effective as of the
  date stated therein, and in the event no
  particular date is stated, said ordinances shall
  become effective from and after passage and
  adoption by the Council.  When publication is
  required, an ordinance shall become effective on
  the day after the date of publication or the date
  stated in the ordinance, whichever is later.

43
Proposition 10

• Shall Section 24 of the Charter be amended in its
  entirety to delete surplus language in reference
  to the power of the City Council to investigate
  City departments and employees deleting
  reference to fines and imprisonment, and making
  failure to obey subpoenas issued under this
  Section a misdemeanor?

44
Current Section 24Investigation by Council

• The Council may investigate the financial
  transactions of any office or department of the
  city government, and the acts and conduct of any
  official or employee.  In conducting such
  investigation, the Council may control the
  attendance of witnesses, the production of books
  and papers and other evidence, and for that
  purpose may issue subpoenas or attachments on
  which shall be signed by the Mayor, and which may
  be served and executed by an officer authorized
  by law to serve subpoenas or other process, or
  any peace officer of the city.  If any witness
  shall refuse to appear or to testify to any facts
  within his knowledge, or to produce any papers or
  books in his possession or under his control,
  relating to the matter under investigation before
  the Council, the Council shall have the power to
  cause the witness to be punished as for contempt,
  not to exceed a fine of one hundred (100.00)
  dollars and three days in confinement in the city
  prison.  No witness shall be excused from
  testifying, touching his knowledge of the matter
  under investigation in any such inquiry, but such
  testimony shall not be used against him in any
  criminal prosecution except for perjury committed
  upon such inquiry.

45
Why Change Section 24Investigation by Council?

• The City Council needs clear and realistic
  investigative powers to fulfil its oversight and
  leadership duties.
• The punishments of confinement in the city prison
  (which does not exist) and 100.00 fine (which is
  not effective) need to be changed.
• The proposed changes simplify and clarify the
  investigative powers without imposing unrealistic
  limitations.

46
Proposed Section 24Investigation by Council

• The City Council shall have power to inquire into
  the conduct of any office, department, agency,
  officer or employee of the city and to make
  investigations as to municipal affairs, and for
  that purpose may subpoena witnesses, administer
  oaths and compel the production of books, papers
  and other evidence. Failure to obey such subpoena
  or to produce books, papers or other evidence as
  ordered under the provisions of this section
  shall constitute a misdemeanor.

47
Proposition 11

• Shall Section 27 of the Charter be amended to
  delete the reference to a minimum salary of
  2,500.00 for the City Manager?

48
Current Section 27Compensation and Duration of
Office

• The City Manager shall receive an annual salary
  of not less than 2,500, to be fixed by the City
  Council, payable in monthly instalments, and
  shall hold his office at the will of the
  Council.  (Amended 12/30/47)?

49
Why change Section 27Compensation and Duration
of Office

• The 2,500.00 salary limit is unrealistic and
  unnecessary.
• This section hasn't been looked at since it was
  introduced in 1947.
• One of the goals of the Review committee was to
  eliminate inflexible, unrealistic, unnecessary
  fixed dollar amounts in the charter.

50
Proposed Section 27Compensation and Duration of
Office

• The City Manager shall receive a salary fixed by
  the City Council, and shall hold office at the
  will of the City Council.

51
Proposition 12

• Shall Section 28 of the Charter be amended to
  require that only those City employees who report
  directly to the City Manager be appointed with
  advice and consent of the City Council?

52
Current Section 28Powers and Duties of City
Manager

• The City Manager shall see that the laws and
  ordinances of the City are enforced, shall
  appoint all appointive officers or employees of
  the City (except the Judge) with the advice and
  consent of the Council (such appointments to be
  made upon merit and fitness alone) and may at
  will remove any officers or employees appointed
  by the City Manager.  The City Manager shall
  exercise control and supervision over all
  departments and offices that may be created by
  the Council and all appointed officers and
  employees.  The City Manager shall have the right
  to take part in the discussion at meetings of the
  Council but shall have no vote.  The City Manager
  shall recommend to the Council such measures as
  the Manager may deem necessary or expedient.  The
  City Manager shall keep the Council fully advised
  as to the financial condition and needs of the
  City and perform such other duties as may be
  prescribed by this Charter or which may be
  required by ordinance or resolution of the
  Council. 

53
Why change Section 28Powers and Duties of City
Manager

• The City Manager currently appoints all
  appointive officers or employees within the city.
• The charter currently requires Councils advice
  and consent on all of these.
• This should be limited to employees and officers
  that directly report to the City Manager.
• This would not reduce Councils oversight
  capabilities, but would stream line personnel
  actions.

54
Proposed Section 28Powers and Duties of City
Manager

• The City Manager shall see that the laws and
  ordinances of the City are enforced, shall
  appoint all appointive officers or employees (who
  report directly to the city manager) of the City
  (except the Municipal Judges) with the advice and
  consent of the Council (such appointments to be
  made upon merit and fitness alone) and may at
  will remove any officers or employees appointed
  by the City Manager.  The City Manager shall
  exercise control and supervision over all
  departments and offices that may be created by
  the Council and all appointed officers and
  employees.  The City Manager shall have the right
  to take part in the discussion at meetings of the
  Council but shall have no vote.  The City Manager
  shall recommend to the Council such measures as
  the Manager may deem necessary or expedient.  The
  City Manager shall keep the Council fully advised
  as to the financial condition and needs of the
  City and perform such other duties as may be
  prescribed by this Charter or which may be
  required by ordinance or resolution of the
  Council. 

55
Proposition 13

• Shall the City Charter be amended by adding
  Section 28A which states that the City Council
  shall deal with City employees who are subject to
  the direction and supervision of the City Manager
  solely through said Manager?

56
Why Add Section 28ACity Managers Authority?

• The authority of the City Council vs. the City
  manager in the day to day operation is unclear.
• Currently, council members could task city
  employees directly without informing their
  supervisors.
• This has been a problem in the past, and in other
  governmental bodies.
• This addition clarifies the authority of the City
  Manager and how the Council should interact with
  city employees.

57
Proposed Section 28ACity Managers Authority

• Except for the purpose of inquiry or
  investigation, the City Council or its members
  shall deal with City officers and employees who
  are subject to the direction and supervision of
  the City Manager, (whether directly supervised by
  the City Manager or indirectly through
  supervisors ultimately responsible to the City
  Manager), solely through the City Manager, or his
  designee, and neither the council or any member
  thereof shall give orders, publicly or privately,
  to any such officer or employee.

58
Proposition 14

• Shall Section 34 of the Charter be amended in its
  entirety to require an annual independent audit
  after the close of each fiscal year?

59
Current Section 34Audit and Examination

• The Council shall cause a continuous audit of the
  books of account, and of all records and
  transactions of the administration of the affairs
  of the city such audit shall be made annually
  embracing each fiscal year and shall be made by a
  certified public accountant.
• The duty of the certified public accountant shall
  include the certification of all statements
  required in Section 22 of this article, such
  statements shall include a general balance sheet
  showing summaries of income and expenditure and
  also comparisons, in proper classification, with
  the last previous audit such summaries shall be
  published in some newspaper published in San
  Angelo, one time, within ten (10) days after the
  completion of such audit.

60
Why Change Section 34Audit and Examination

• The current audit procedure references an
  incorrect Section 22.
• The proposed change is a rewrite to improve
  clarity.
• The proposed change is based on Texas model
  charters.
• This change also requires Internet posting of the
  results of the audit.

61
Proposed Section 34Audit and Examination

• As soon as practicable after the close of each
  fiscal year, an independent audit shall be made
  of all accounts of the city government by
  certified public accountants, selected by the
  City Council who have no personal interest,
  directly or indirectly, in the financial affairs
  of the city government, or any of its officers.
  The results of the audit shall be published
  immediately upon its completion. A copy of the
  full text of such audit shall be posted at an
  address or location on the internet where the
  citizens of San Angelo have ready access.

62
Proposition 15

• Shall Section 36 of the Charter be amended to
  allow the Lake Nasworthy Trust Fund to be managed
  as a separate trust to clarify that a majority
  of participating voters can change the purpose of
  the fund and to change the term interest to
  investment income?

63
Current Section 36Lake Nasworthy

• A. The Lake Nasworthy Trust Fund ("Fund"
  hereinafter) is hereby established. Twenty
  percent (20) of all lake lot lease payments and
  the proceeds from the sale of any lake lot shall
  be placed into the Fund. Lake lots shall not be
  sold for less than fair market value as
  determined by an appraisal approved by the City.
• B. No portion of the principal of the Fund shall
  be expended for any purpose unless authorized by
  a majority vote of the qualified voters of the
  City of San Angelo at an election held for that
  purpose.
• C. Ninety percent (90) of the annual interest
  revenue from the Fund may be used by the City of
  San Angelo to pay for lake and river
  improvements, services to enhance water
  recreation and the elimination of related litter
  and pollution. Ten percent (10) of the annual
  interest revenue shall be added to the principal
  of the Fund. A public hearing must be held on the
  proposed uses of the interest revenue during the
  budget and budget amendment process.
• D. No designated park, recreation or wilderness
  area at Lake Nasworthy may be sold unless
  authorized by a majority vote of the qualified
  voters of the City of San Angelo at an election
  held for that purpose.
• E. The City of San Angelo may retain or obtain
  easements or rights of ways on the lake lots or
  may impose land use controls or other regulations
  to ensure protection of the City's water supply,
  elimination of blight and pollution or for any
  other public purpose.

64
Why change Section 36Lake Nasworthy?

• Lake Nasworthy funds are currently invested in
  what amounts to a low interest savings account.
• This change would require them to be managed as a
  separate trust.
• The term interest is replaced by investment
  income to emphasize the fund should be invested.
• The term Participating Voters is added to clarify
  the section on elections.

65
Proposed Section 36Lake Nasworthy

• A.  The Lake Nasworthy Trust Fund ("Fund"
  hereinafter) is hereby established, which shall
  be managed as a separate trust. Twenty percent
  (20) of all lake lot lease payments and the
  proceeds from the sale of any lake lot shall be
  placed into the Fund. Lake lots shall not be sold
  for less than fair market value as determined by
  an appraisal approved by the City.
• B.  No portion of the principal of the Fund shall
  be expended for any purpose unless authorized by
  a majority vote of the qualified participating
  voters of the City of San Angelo at an election
  held for that purpose.
• C.  Ninety percent (90) of the annual investment
  income from the Fund may be used by the City of
  San Angelo to pay for lake and river
  improvements, services to enhance water
  recreation and the elimination of related litter
  and pollution. Ten percent (10) of the annual
  investment income shall be added to the principal
  of the Fund. A public hearing must be held on the
  proposed uses of the investment income during the
  budget and budget amendment process.
• D.  No designated park, recreation or wilderness
  area at Lake Nasworthy may be sold unless
  authorized by a majority vote of the qualified
  participating voters of the City of San Angelo at
  an election held for that purpose.
• E.  The City of San Angelo may retain or obtain
  easements or rights of ways on the lake lots or
  may impose land use controls or other regulations
  to ensure protection of the City's water supply,
  elimination of blight and pollution or for any
  other public purpose.

66
Proposition 16

• Shall Section 38 of the Charter be amended to
  allow the City Council to contract with an
  employee for personal services for a stated
  period of time in order to recover the expenses
  of training such employee?

67
Current Section 38Contracts for Services

• No contract shall ever be made which  binds the
  City to pay a permanent employee for personal
  services to be rendered for any stated period of
  time, but all officers and employees of the City,
  other than elected officials, shall be appointed
  and shall be subject to preemptory discharge as
  provided in this Charter.  Provided, however,
  that the Council may contract for services which
  cannot be provided by the City's permanent
  employees.  Any violation of this section shall
  render the contract involved voidable by the
  Council.

68
Why change Section 38Contracts for Services

• This section prohibits contracts with permanent
  employees for future service.
• There are many positions within the city that
  require special training that the city must pay
  for.
• This section prohibits a contract that would hold
  an employee to either work for a certain term in
  exchange for the training, or reimburse the city
  if the employee leaves before the end of the
  term.
• This change also helps protect those employees
  with special training.

69
Proposed Section 38Contracts for Services

• No contract shall ever be made which binds the
  City to pay a permanent employee for personal
  services to be rendered for any stated period of
  time, but all officers and employees of the City,
  other than elected officials, shall be appointed
  and shall be subject to preemptory discharge as
  provided in this Charter.  Provided, however,
  that the Council may contract for services which
  cannot be provided by the City's permanent
  employees.  Provided further, the Council, in
  consideration for special or extraordinary
  training or education, may contract with a city
  employee for personal services for a stated
  period of time necessary to recover the costs and
  expenses of said training or education. Any
  violation of this section shall render the
  contract involved voidable by the Council.

70
Proposition 17

• Shall Section 45 of the Charter be amended by
  deleting the sentence requiring canvassing of
  election results within 5 days after a runoff
  election?

71
Current section 45Election Rules

• The Council shall be the judge of elections and
  the qualifications of its Members. At every
  regular election and every special election
  called to fill one or more vacant elective
  offices, election to each office shall be by a
  majority of the votes cast for such office at
  such election. Where in any election for
  elective office no candidate receives the
  majority of all the votes cast for such office at
  such election, the Council shall, immediately
  upon declaring the official results of the
  election, issue a call for a run-off election for
  each position to which no one was elected. Such
  run-off election shall be held on a day to be set
  by the Council which will comply with State Law,
  and, in such run-off election, the two candidates
  who received in the preceding election the
  highest number of votes for each place to which
  no one was elected shall be voted on again and
  the candidate who receives the majority of the
  votes cast for such place in the run-off election
  shall be declared elected to such office. The
  Council shall on the next regular meeting day of
  said Council, and in any event within five days
  after said run-off election, canvass returns and
  declare the results of such election. Each
  person elected at a City election shall take
  office immediately upon completion of the
  official canvass and issuance of a certificate of
  election to such person.

72
Why change Section 45Election Rules?

• This section requires a canvass of the results
  within 5 days.
• This conflicts with state law.
• The proposed changes remove this conflict.

73
Proposed Section 45Election Rules

• The Council shall be the judge of elections and
  the qualifications of its Members. At every
  regular election and every special election
  called to fill one or more vacant elective
  offices, election to each office shall be by a
  majority of the votes cast for such office at
  such election. Where in any election for
  elective office no candidate receives the
  majority of all the votes cast for such office at
  such election, the Council shall, immediately
  upon declaring the official results of the
  election, issue a call for a run-off election for
  each position to which no one was elected. Such
  run-off election shall be held on a day to be set
  by the Council which will comply with State Law,
  and, in such run-off election, the two candidates
  who received in the preceding election the
  highest number of votes for each place to which
  no one was elected shall be voted on again and
  the candidate who receives the majority of the
  votes cast for such place in the run-off election
  shall be declared elected to such office. Each
  person elected at a City election shall take
  office immediately upon completion of the
  official canvass and issuance of a certificate of
  election to such person

74
Proposition 18

• Shall Section 46 of the Charter be deleted in
  order to comply with state election laws?

75
Current Section 46Election Returns

• The Council shall, on the next regular meeting
  day of said Council and in any event within five
  (5) days after each regular and special election,
  canvass the returns and declare the result of
  such election.

76
Why change Section 46Election Returns?

• Section 46 conflicts with state law.
• Section 46 is also unnecessary as state law
  governs this part of handling of election returns.

77
Proposition 19

• Shall Section 49 of the Charter be amended in its
  entirety to delete references to out of date
  state law?

78
Current section 49Municipal Court Created

• There is hereby created in the City of San Angelo
  a court to be known as the Municipal Court, which
  shall have the jurisdiction defined by Article
  904 of Chapter 5, Title 22, of the Revised Civil
  Statutes of the State of Texas. 

79
Why Change Section 49Municipal Court Created?

• The current section contains references to laws
  that no longer exist.
• It is only necessary to reference state law in
  general to create the municipal court.

80
Proposed section 49Municipal Court Created

• There shall be established and maintained in the
  City of San Angelo a court to be known as the
  Municipal Court, which shall be deemed always
  open for the trial of causes, with such
  jurisdiction, powers and duties as are given or
  may hereafter be permitted by the laws of the
  State of Texas. 

81
Proposition 20

• Shall Section 50 of the Charter be amended to
  provide for the appointment of additional judges
  and to delete surplus language relating to the
  appointment of temporary judges?

82
Current section 50Judge

• Such court shall be presided over by a magistrate
  to be known as the Judge of such court, whose
  appointment shall be made, duties defined, and
  compensation fixed by the Council.  If, for any
  cause, the Judge shall temporarily fail to act,
  then the Council is hereby authorized to appoint
  a person who shall become certified under the
  laws of the State of Texas as a municipal judge
  to act as Judge.  The person appointed as
  temporary judge shall have the powers and
  discharge all the duties of said office and shall
  receive compensation set by the Council while so
  acting.  A temporary Judge, if a licensed
  attorney during the appointment, shall not
  represent clients on matters pending in the
  Municipal Court.  The appointment of a temporary
  Judge shall be by resolution of the Council,
  filed in the office of the City Secretary.  In
  the event of an emergency, such appointment may
  be made by the presiding Judge or in his absence,
  the City Manager, provided however, no
  compensation shall be paid to the Judge so
  appointed unless confirmed by the Council. 

83
Why change Section 50Judge?

• The current section only allows for 1 judge,
  although we need and have 2.
• The state already sets out the requirements for a
  judge and governs ethics and conflicts of
  interest.
• The proposed section simplifies this section and
  clarifies the appointment of temporary judges.

84
Proposed section 50Judge

• Such court shall be presided over by a magistrate
  to be known as the Judge of such court together
  with such additional Judges, whose appointments
  shall be made, duties defined, and compensation
  fixed by the Council.  If, for any cause, the
  Judge or Judges shall temporarily fail to act,
  then the Council is hereby authorized to appoint
  a person who shall become certified under the
  laws of the State of Texas as a municipal judge
  to act as Judge.

85
Proposition 21

• Shall Section 51 of the Charter be amended to
  delete the unnecessary reference to fines and
  the inaccurate reference to imprisonment?

86
Current Section 51Jury Trial

• Every person brought before the Judge to be tried
  for an offense, for which the penalty may be fine
  or imprisonment, or both,  shall be entitled,
  upon demand, to be tried by a jury of six
  residents of the City, who shall be summoned,
  impaneled and qualified as jurors in justice
  court under the laws of the State.

87
Why change Section 51Jury Trial?

• The reference to fines is unnecessary.
• The reference to imprisonment is inaccurate and
  unnecessary.
• The reference to Justice Court is misleading and
  unnecessary.
• These changes clarify the jury trial procedures.
• These changes will not affect the right to a jury
  trial.

88
Proposed Section 51Jury Trial

• Every person brought before the Judge to be tried
  for an offense shall be entitled, upon demand, to
  be tried by a jury of six residents of the City,
  who shall be summoned, impaneled and qualified as
  jurors under the laws of the State. 

89
Proposition 22

• Shall Section 52 of the Charter be amended in its
  entirety to state that the rules of procedure
  prescribed by the laws of Texas will apply to
  Municipal Court?

90
Current Section 52Practice and Procedures

• Proceedings in the Municipal Court shall be
  commenced by complaint, which may be sworn to
  before the Judge, or the person acting as City
  Attorney, or his deputies or any other officer
  authorized by the law to administer oaths.  Where
  not otherwise prescribed by the terms of this
  charter, or ordinance, the rules of pleading,
  practice and procedure prevailing, and prescribed
  by law for justice courts shall apply to the
  Municipal Court as far as applicable. 

91
Why change section 52Practice and Procedures?

• There are obsolete references in the current
  section.
• Section 52 should be brought in line with
  standard court procedures in the rest of the
  state.
• Consistent court procedures lead to more
  consistent application of law.

92
Proposed Section 52Practices and Procedures

• The rules of pleading, practice and procedure
  prevailing, and prescribed by the laws of the
  State of Texas shall apply to the Municipal
  Court. 

93
Proposition 23

• Shall Sections 53 through 58 inclusive, of the
  Charter, all relating to Municipal Court, be
  repealed in their entirety such provisions
  relating to the Municipal Court seal, complaints,
  fines, jury fees, Judges salary and the City
  prison?

94
Current Sections 53 - 58

• SECTION 53.  COURT SEAL The court shall have a
  seal, having engraved thereon a star of five
  points in the center, and the words "Municipal
  Court, San Angelo, Texas," the impress of which
  shall be attached to all process, except
  subpoenas issued out of said court, and shall be
  used to authenticate acts of the Clerk and of the
  Judge where he is authorized or required to use
  the seal of office.  (Amended 4/29/72)?
• SECTION 54.  PUBLICATION OF COMPLAINT In all
  prosecutions in said court, either under
  ordinance or the provisions of the penal code of
  the State, the  complaint shall commence "In the
  name and by the authority of the State of Texas,"
  and shall conclude "against the peace and dignity
  of the State," and where the offense is covered
  by an ordinance, the complaint may also conclude
  as "contrary to the said ordinance."
• Prosecution in such court shall be conducted by
  the person acting in the capacity of City
  Attorney or his deputy but the County Attorney of
  Tom Green County, may if he so desires, also
  represent the State of Texas in such
  prosecutions, but in all such cases the said
  County Attorney shall not be entitled to receive
  any fees or compensation for his services, and in
  no case shall the County Attorney have the power
  to dismiss any prosecution pending in said court
  unless for reasons filed and approved by the
  Municipal Judge.  (Amended 4/29/72)?
• SECTION 55.  FINES  All costs and fines imposed
  and collected by the said court shall be paid
  into the City for the use and benefits of the
  City, or as may otherwise be prescribed by State
  law.  (Amended 4/29/72 and 5/6/89)?
• SECTION 56.   JURY AND WITNESS FEES The
  provisions of Articles 915, 916, 917, 918 and 919
  of Chapter 5, Title 22, of the Revised Civil
  Statutes of the State of Texas relating to jury
  and witness fees, enforcing the attendance of
  witnesses upon said court for contempt, service
  or process, execution and issuance of writs, and
  proceedings in relation to peace bonds or
  similar, are hereby adopted as a part of this
  charter.  (Amended 4/29/72)?
• SECTION 57.  SALARY OF JUDGE The fee system for
  the compensation of the officers of said court is
  hereby abolished and the City Council shall
  prescribe the salary of the Judge of said Court,
  payable monthly and the governing authority of
  the city may employ a licensed attorney or
  attorneys to act for the city before the court
  and in all other matters in which the city may be
  interested and shall fix the compensation
  therefor and in the manner of payment.  (Amended
  12/30/47 and 4/29/72)?
• SECTION 58.  CITY PRISON To enforce judgments of
  said court the governing authority of said city
  may establish, maintain and regulate the city
  prison, work-houses and other means of punishment
  for vagrants, city convicts and disorderly
  persons, and such hospitals, orphanages, and
  charitable institutions as may be deemed
  expedient by the governing authority.  (Amended
  4/29/72)?

95
Why delete Sections 53 - 58?

• The references to state laws are out of date or
  incorrect and unnecessary.
• Jury and witness fees are set by state law and
  don't need to be duplicated in the charter.
• The use of fines is already set by state law.
• Reference to a city prison, orphanage, etc. is
  not needed.

96
Proposition 24

• Shall Section 59 of the Charter be amended to
  delete the requirement that 5 to 10 cents of each
  100.00 property valuation be delivered to the
  Park Commission?

97
Current Section 59Taxation, second to last
paragraph

• All monies arising from the collection of taxes
  levied for the payment of interest and principal
  on bonded indebtedness, shall be maintained in a
  separate fund to be designated as "interest and
  sinking fund," and a separate account kept of the
  funds applicable to each bond issue, and all
  monies arising from the collection of taxes for
  general government purposes shall be maintained
  in a separate fund to be designated as the
  "General Fund", provided that out of the general
  fund there shall be annually segregated and
  delivered to the custody and control of the Park
  Commissioners of the City, an amount not less
  than five (5) cents nor exceeding ten (10) cents
  on the one hundred dollars (100.00) assessed
  valuation of all property in the City

98
Why change Section 59Taxation, second to last
paragraph

• The current section requires money collected from
  the property tax to be turned over to the parks
  commission, with no real oversight or control.
  This is not legal or how we do business.
• Parks are currently funded through a number of
  sources including ½ cent sales tax and user fees.
• The numbers listed in the charter unduly restrict
  the options of the city.
• Some parks projects funded by the ½ cent sales
  tax exceed the amount in the charter.

99
Proposed Section 59Taxation, second to last
paragraph

• All monies arising from the collection of taxes
  levied for the payment of interest and principal
  on bonded indebtedness, shall be maintained in a
  separate fund to be designated as "interest and
  sinking fund," and a separate account kept of the
  funds applicable to each bond issue, and all
  monies arising from the collection of taxes for
  general government purposes shall be maintained
  in a separate fund to be designated as the
  "General Fund."

100
Proposition 25

• Shall the Charter be amended by adding Section
  59A requiring the preparation and adoption of a
  capital program each year?

101
Why add Section 59ACapital Program

• Capital items and facilities are those that have
  a long life span, typically longer than 5 years.
• Maintenance, repair, and replacement of capital
  items and facilities is a basic function of
  government that is often overlooked.
• We have recently seen the results of ignoring
  capital needs.
• The city has started a compatible capital
  maintenance and improvement program.
• This addition would prevent these capital needs
  from being ignored by future councils.
• This addition would require the public notice and
  input and approval before the rest of the budget
  is approved.

102
Proposed Section 59ACapital Program pt 1.

• A. Submission to City Council. The City Manager
  shall prepare and submit to the city council a
  multi-year capital program no later than five
  months before the final date for submission of
  the budget.
• B. Contents. The capital program shall include