City orders November special election for charter amendments News Staff Sun, 06/09/2024 - 11:43 am
(THOMAS WALLNER | THE GRAHAM LEADER) Graham City Manager Eric Garretty speaks with the city council during their meeting Thursday, June 6. During the meeting the council members voted to call a special election in November with nine charter amendment propositions.
Thomas Wallner editor@grahamleader.com
The Graham City Council took the next step in the process of updating the city charter by calling a special election in November and placing the proposed amendments on the ballot.
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 cannot have provisions which conflict with the Texas Constitution or state law.
The council approved an ordinance Thursday, June 6 directing the special election to be held Tuesday, Nov. 5 where the amendments will be on the ballot as nine propositions for voters to vote for or against.
“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 in May. “This requirement to amend the Home Rule Charter to conform to new state laws is not unique to Graham.”
The city is executing a contract with the Young County Elections Administrator to administrate the election in November and approved services for an amount not exceeding $11,000.
The special election will be held alongside the general election Tuesday, Nov. 5. Early voting in the November election will be Monday, Oct. 21, through Friday, Nov. 1. The last day to register to vote in the November election is Monday, Oct. 7 and the last day to receive a ballot by mail is Tuesday, Nov. 5.
The city of Graham Charter Review Working Group completed its review of the city’s charter at their meeting Thursday, May 16. The group finalized the list of propositions for amendments to the Graham Home Rule Charter, which was last amended 33 years ago in May 1991.
In October 2023, the group was formed and officially began its work in November. Members of the group reviewed the charter and determined what required alteration in order to conform to what is allowed under state law.
The list was approved by the Graham City Council during their meeting Thursday, May 23.
A public hearing for the proposed amendments is also being held at 8:30 a.m. Thursday, July 18 at the Graham City Council chambers located at 608 Elm St.
City charter amendments
Proposition A 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 in May. “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 amends 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 council member 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.
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 requested they be separated.
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.
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.
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.
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