City charter committee considering amendments

The city of Graham Charter Review Working Group will consider six proposed charter amendments Thursday.

The group is developing a proposed list of changes to present for council consideration which, if approved, will be included within a charter amendment election.

In October, the Graham City Council approved a committee to review the city of Graham charter, which was last amended 32 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 cannot have provisions which conflict with the Texas Constitution or state law.

The Charter Review Working Group held its first meeting Wednesday, Nov. 15 and elected positions for the board and developed a strategy for reviewing the charter and for development of proposed charter amendments.

The board will consider six proposed charter amendments at 11 a.m. Thursday, Dec. 14.

Proposed Charter Amendments

Proposition A
Section 117 of the Graham City Charter would be amended to read:
“The city may enforce its ordinances by setting fines consistent with applicable state laws.”

Proposition B
Section 12 of the Graham City Charter would be amended to read:
“A person desiring to file for candidacy for the position of mayor or councilmember must meet the following qualifications: (a) be a United States citizen, (b) be 18 years of age on the date of election, (c) have been a resident of the city of Graham for six months prior to the date of election, (d) have paid all property taxes which are due to the city, and (e) be otherwise eligible for candidacy per the eligibility requirements for public office as stated in Section 141.001 of the Texas Election Code.”

Proposition C
(Option A)
Shall Section 10(b) of the charter would be modified to read:
“(b) Term of office. Any qualified person elected to the office of mayor or councilmember, at a duly called and held election, may serve as mayor or councilmember without regard for the length of any previously served terms on the city council.”

Proposition C
(Option B)
Shall Section 10 of the charter would be modified to read:
“(a) Composition and election. The city council shall consist of a mayor and four (4) councilmembers elected by the city, at large, to serve for a term of four (4) years and until their successors are chosen and have qualified.
(b) A general city election for the choice of mayor and councilmembers shall be held on the May uniform election date of each year, as specified under the Texas Elections Code. At such an election held in May 2025, and every four years thereafter, a Mayor and four councilmembers shall be elected. The mayor and councilmembers elected at the election held in 2025 shall constitute the city council under this Charter.
(c) Term of office. No person may serve more than 16 years as either mayor or councilmember, or any combination thereof, on the city council.”

Proposition D
Shall Section 25 of the charter would be modified to read:
“(a) At the next called meeting following a regular municipal election, the city council shall meet at the usual place and time for holding such meetings, as at which time the newly elected mayor or councilmember(s) shall assume the duties of office. The city council shall be the judges of the election and qualifications of its members, subject to review by the courts, and in accordance with the Texas Election Code; however, any alderman convicted of a felony while in office shall be deemed ‘not qualified for office’ and shall thereby immediately forfeit the office to which the mayor or councilmember was previously elected. In addition, the city council may determine its own rules of procedure and punish its members for disorderly behavior. A member of the city council may be expelled with the consent of three-fourths of all the members of the city council.
(b) The city council shall meet at such time and place as may be prescribed by ordinance, but not less frequently than once every two weeks unless, by a majority vote of the council, a scheduled meeting is canceled. A majority of all the members elected to the city council shall constitute a quorum to conduct official business of the council. The council shall make its planned meeting schedule available to the public.
(c) Special meetings may be called by the mayor, or may be called by the city secretary-upon the written request of three councilmembers, or may be called by the city manager. All meetings of the city council, and of the boards and committees thereof, except as hereinafter provided, shall be open to the public and the city council shall provide that citizens shall have an opportunity to be heard at any such meeting in regard to any matter, or to be considered, thereat.
(d) Closed (also called ‘executive’) sessions of the city council, and of the boards and committees thereof, shall be held in accordance with the terms and provisions contained within the various laws, statutes, rules and regulations collectively referred to as the ‘Texas Open Meetings Act.’”

Proposition E
Shall Section 3 of the charter would be amended to read:
“(a) That the city council of the city of Graham, Texas, shall have the power and authority by ordinance duly adopted by said council to extend and enlarge the corporate boundaries of the city of Graham only through annexation of additional territory which lies within the city’s exclusive extra-territorial-jurisdiction, and further that such annexation must be concluded in accordance with applicable state laws.
(b) In the event a proposed annexation is in accordance with applicable state laws, the related ordinance shall describe by metes and bounds the territory so annexed, and upon the passage and adoption of said ordinance such territory shall become a part of the city of Graham and included in its corporate limits; and further, that all ordinances or parts thereof heretofore passed by the city council of the city of Graham, Texas, which are in conflict at the time of annexation, shall be repealed, annulled, and set aside.”

Proposition F
Section 4 of the charter would be amended to read:
“(a) Property owners who have ownership of territory which lies in the exclusive extra-territorial-jurisdiction of the city may petition the city council for annexation only in accordance with applicable state laws.
(b) In the event that certain territory is duly approved for annexation accordance with applicable state laws, such territory may be annexed by ordinance duly adopted by the city council. Said ordinance shall describe by metes and bounds the territory so annexed, and upon the passage and adoption of said ordinance such territory shall become a part of the city of Graham and included in its corporate limits; and further, that all ordinances or parts thereof heretofore passed by the city council of the city of Graham, Texas, which are in conflict at the time of annexation, shall be repealed, annulled, and set aside.”