Group finalizes proposed city charter amendments News Staff Sat, 05/18/2024 - 3:00 pm Amendments to be enacted following city council, public vote
(TC GORDON | THE GRAHAM LEADER) Members of the city of Graham Charter Review Working Group finalize the city charter amendments during a meeting Thursday, May 16. The charter was last amended 33 years ago in May 1991. Shown from left to right are Larry Fields, Mayor Alex Heartfield, Neal Blanton, Cam Bennett and City Manager Eric Garretty.
TC Gordon news@grahamleader.com
The city of Graham Charter Review Working Group completed its review of the city’s charter recently and has proposed several amendments which will be brought before the city council at a future meeting.
At their meeting Thursday, May 16, the charter review group finalized the list of nine propositions for amendments to the Graham Home Rule Charter, which was last amended 33 years ago in May 1991.
The city of Graham Home Rule Charter was adopted by voters at an election held July 28, 1920. A home-rule city charter serves as the fundamental law of a home-rule city. A city charter also cannot have provisions which conflict with the Texas Constitution or state law.
In October 2023, the group was formed and officially began its work in November. Members of the group considered every section of the charter and looked for anything that may have needed alteration in order to conform to what is allowed under state law.
“In conversations with other city managers, (I) noted many cities are going through this very same charter amendment process to conform to state law,” City Manager Eric Garretty said. “This requirement to amend the Home Rule Charter to conform to new state laws is not unique to Graham.”
If these nine propositions are approved by the city council at their next meeting Thursday, May 23, the propositions will be included within a charter amendment election.
Proposition A primarily involves annexation of land or property which lies within the city’s exclusive extra-territorial-jurisdiction.
“What this verbiage does is it simply changes the verbiage of our charter to mirror what's in state law by annexation, which in a nutshell says the city cannot involuntarily annex anybody,” Garretty said. “The city may only annex areas that are within its extra-territorial-jurisdiction, but only upon petition of a property owner that's in the extra-territorial-jurisdiction.”
Proposition B amends Section 4 of the charter as the language previously in that section regarded annexation upon petition, which was moved into Section 3.
Proposition C cleans up some of the potentially confusing language regarding the city council. According to the proposition, “The terms board of aldermen, city council, and council shall all refer to the governing body of the City of Graham. The terms alderman and councilmember shall mean a member of the governing body other than the mayor.”
Proposition D further clarifies the requirements for anyone interested in filing for candidacy for the position of mayor or council member.
A person must meet the following qualifications: be a United States citizen, be 18 years of age on the date of election, have been a resident of the city of Graham for six months prior to the date of election, have paid all property taxes which are due to the city and be otherwise eligible per the requirements for public office as stated in Section 141.001 of the Texas Election Code.
Propositions E, F and G are three different propositions regarding Section 25 of the charter. This section originally covered multiple subjects in one section and the city attorney said they needed to be split up.
Proposition E states that the city council’s canvassing of municipal elections in which the positions of mayor or at least one council member are elected will happen at the next regularly called meeting. The charter originally stated canvassing would happen at 8 p.m. on the Monday following a regular municipal election.
Proposition F sets forth the standards by which the mayor or a council member would forfeit their office or be expelled from the council. In the event the mayor or any council member is convicted of a felony, that individual would forfeit the office.
The city council may determine its own rules of procedure and punish members for disorderly behavior. Expulsion may only occur through passage of an Expulsion Resolution which must receive a vote from three-fourths of the council.
Proposition G clarifies language regarding the frequency of city council meetings, special meetings and meetings in closed session.
Proposition H amends Section 117 of the charter by stating the city may enforce its ordinances by setting fines consistent with applicable laws.
“The current charter capped fines for ordinance violations at $200, whereas state law sets the fine levels at $500 to $2,000,” Garretty said. “The city has the authority to impose the state level fines currently. However, the language in the current charter was out of date and inconsistent with state law.”
Proposition I amends Section 128 of the charter, which originally stated that the provisions in the charter would supersede state law if they were in conflict with the state laws.
“What this (amendment) is saying is we pass an ordinance. If the ordinance is in conflict with state law, state law wins,” Garretty said.
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