Full Charter: Final Drafts

[Robert Owen]

1st "Format Draft" for review, discussion and feedback on formatting. Some of the items of note:

• I liked the look of Celina’s use of the section symbol “§” rather than the word “section” littered throughout the document in section headers. Easy to change back if I’m in the minority.
• Standardized the font and text sizes
• Standarized the numbering hierarchy to Section, then numerals, then small letters.
• Fixed a bunch of typos and grammar issues that were not readily apparent in the redline clutter but did not change content.
• Rearranged or broke up/numbered some paragraphs for readbility, but did not change content.
• Searched and corrected he/she
• Searched and added “committees” where missing from Board, Committees, and Commissions.
• Searched and capitalized “resolutions” and “ordinances” throughout
• Added a table of contents

For a final draft, I think we delete all the reserved sections in Article III.

Ordinances Article still needs to be inserted as IV, and the remainder renumbered. I’ve left it out for now so the numbering is the same as the draft we are working from.

Please do call out anything related to typos, grammar, structure etc., so I can just drop in our final changes from Wednesday’s meeting, have a final clean copy for final review and approval on 2/18.

 

[Lynda Aird]

1st "Format Draft" for review, discussion and feedback on formatting. Some of the items of note:

• I liked the look of Celina’s use of the section symbol “§” rather than the word “section” littered throughout the document in section headers. Easy to change back if I’m in the minority.
• Standardized the font and text sizes
• Standarized the numbering hierarchy to Section, then numerals, then small letters.
• Fixed a bunch of typos and grammar issues that were not readily apparent in the redline clutter but did not change content.
• Rearranged or broke up/numbered some paragraphs for readbility, but did not change content.
• Searched and corrected he/she
• Searched and added “committees” where missing from Board, Committees, and Commissions.
• Searched and capitalized “resolutions” and “ordinances” throughout
• Added a table of contents

For a final draft, I think we delete all the reserved sections in Article III.

Ordinances Article still needs to be inserted as IV, and the remainder renumbered. I’ve left it out for now so the numbering is the same as the draft we are working from.

Please do call out anything related to typos, grammar, structure etc., so I can just drop in our final changes from Wednesday’s meeting, have a final clean copy for final review and approval on 2/18.

Some suggestions for consideration on the Draft related to typos, grammar, etc.

 

[Robert Owen]

Some suggestions for consideration on the Draft related to typos, grammar, etc.

Noted. Thanks for the feedback!

 

[Gene Harris]

Noted. Thanks for the feedback!

First of all line numbering would be helpful.

comments on suggestions
pg 7 good with suggestion to remove wording

p8 remove "hereby incorporate" I am guessing since LV is already incorporated. What about replacing with, the boundaries of the City incorporated as the City of Lago Vista, a Texas home-rule municipal corporation.
pg 9 sec 2.04, yes on comma after use
sec 2.05 The sentence referenced makes no sense to me as worded, "The City shall have the power to collect attorney’s fees for the collection of paving assessment in foreclosure cases as allowed under State Law. Not knowing for sure what it is supposed to say I make this offering, "The City shall have the power to collect attorneys fees to pay the assessments in foreclosure cases as allowed under State Law."
Pg 10 yes on comma
pg 14 dont think stating 2026 is necessary, the cover page says it is the 2026 charter
pg 16 if the purpose is to get at least three affirmative votes, how about "three members of council, to include the mayor, 3 member of council, to include the mayor pro tem"

that would be a problem to reference 3.09 when it no longer exists.

section 3.14 If a Council Member abstains for any reason from a vote, that Council Member
pg 17 sec 3.22 whatever
pg 19 ok
pg 22 if that works
pg 23 sounds right
pg 24 not sure about this one, but does it need to say, Ordinance" Initiated Ordinance", can it just say propose any initiated ordinance?
pg 26 I like "either" because the council can either cancel or repeal. The rest sounds good.
sec 6.07 no d since there is no d in 5.02
pg 29 this is what I see in draft, Establishing Boards, Committees and Commissions
ok with suggestion for 7.03, .04, and .05
pg 33 maybe leave wording as it is since it provides more potential options than giving only 2, city hall and website.

pg 34 ok with capitalize bond if needed, is definition needed to say what a bond election is?
pg 36 seems like we had discussion re: this, I agree 501c3 should be inserted since if I recall that is what state law requires.
pg 43 if online storage wording is needed, put it at the end. "The Council may by Ordinance, provide for the accurate and permanent copying or reproduction of public records, by microfilm, other photographic process, or online storage."
Pg 44 In reading I don't see how the suggestion helps or adds. Doesnt "No Officer or employee of the City" cover the areas mentioned to be added?

pg 47 11.17 agree, delete However and start as suggested.

11.18 " latest" and "most recent" mean the same thing to me, one less word needed with latest

Don't really have much of an opinion on numbering, maybe Roman Numerals look cool, I am fine with plain numbers if that is the decision. If you have a section that will require a lot of "numbers", the Roman numerals might make numbering easier to distinguish between sections.

 

[Gene Harris]

Robert, the words supersede and supercede are both used in the draft charter. Supersede is the correct spelling even though the other appears at times. Check Merriam-Webster, Merriam-Webster . Supercede is used on the front cover page for the charter so it is immediately obvious and we don't want to start out of the gate that way.

 

[Gene Harris]

With a total rewrite do we need/want to keep the word microfilm in 11.03? We left it in last time as it was deemed to be a substantive change by the attorney if taken out. reference Commented(TP(*R97) whatever that is. How many walking around today know what microfilm is? I remember using it at the library when attending the university.

 

[Gene Harris]

With a total rewrite do we need/want to keep the word microfilm in 11.03? We left it in last time as it was deemed to be a substantive change by the attorney if taken out. reference Commented(TP(*R97) whatever that is. How many walking around today know what microfilm is? I remember using it at the library when attending the university.

it is on pg 43.

 

[Gene Harris]

pg 49 11.04 this doesnt read correctly, "Furthermore, breach of this Section shall constitute malfeasance in office, resulting in forfeiture of office or position, by any Officer or employee that has an interest in any such contract and participates in the award of any the contract." Should it read, "in the award of any of the contract", or perhaps "in the award of any part of the contract"

pg 49 11.07 first sentence, "State law in conflict herewith", one of those words. How about the synonym, "state law in conflict with this"?

 

[Lynda Aird]

First of all line numbering would be helpful.

comments on suggestions
pg 7 good with suggestion to remove wording

p8 remove "hereby incorporate" I am guessing since LV is already incorporated. What about replacing with, the boundaries of the City incorporated as the City of Lago Vista, a Texas home-rule municipal corporation.
pg 9 sec 2.04, yes on comma after use
sec 2.05 The sentence referenced makes no sense to me as worded, "The City shall have the power to collect attorney’s fees for the collection of paving assessment in foreclosure cases as allowed under State Law. Not knowing for sure what it is supposed to say I make this offering, "The City shall have the power to collect attorneys fees to pay the assessments in foreclosure cases as allowed under State Law."
Pg 10 yes on comma
pg 14 dont think stating 2026 is necessary, the cover page says it is the 2026 charter
pg 16 if the purpose is to get at least three affirmative votes, how about "three members of council, to include the mayor, 3 member of council, to include the mayor pro tem"

that would be a problem to reference 3.09 when it no longer exists.

section 3.14 If a Council Member abstains for any reason from a vote, that Council Member
pg 17 sec 3.22 whatever
pg 19 ok
pg 22 if that works
pg 23 sounds right
pg 24 not sure about this one, but does it need to say, Ordinance" Initiated Ordinance", can it just say propose any initiated ordinance?
pg 26 I like "either" because the council can either cancel or repeal. The rest sounds good.
sec 6.07 no d since there is no d in 5.02
pg 29 this is what I see in draft, Establishing Boards, Committees and Commissions
ok with suggestion for 7.03, .04, and .05
pg 33 maybe leave wording as it is since it provides more potential options than giving only 2, city hall and website.

pg 34 ok with capitalize bond if needed, is definition needed to say what a bond election is?
pg 36 seems like we had discussion re: this, I agree 501c3 should be inserted since if I recall that is what state law requires.
pg 43 if online storage wording is needed, put it at the end. "The Council may by Ordinance, provide for the accurate and permanent copying or reproduction of public records, by microfilm, other photographic process, or online storage."
Pg 44 In reading I don't see how the suggestion helps or adds. Doesnt "No Officer or employee of the City" cover the areas mentioned to be added?

pg 47 11.17 agree, delete However and start as suggested.

11.18 " latest" and "most recent" mean the same thing to me, one less word needed with latest

Don't really have much of an opinion on numbering, maybe Roman Numerals look cool, I am fine with plain numbers if that is the decision. If you have a section that will require a lot of "numbers", the Roman numerals might make numbering easier to distinguish between sections.

the suggestion regarding the added identifiers on p.44 does clarify the persons this applies to and I believe it's important to be specific and clear on this

 

[Robert Owen]

2nd Format Draft which incorporates all recommendations through 2/11 meeting and feedback received above. This should be complete through what is now Article XI with just Article XII to formalize this week, hopefully on this board.

Note, when editing Article XIII to add the BOE and joint nomination process, I recalled our discussion but we never formalized the recommendation to restrict BOA members from P&Z and/or BSC. Since that time, council has adopted the "no crossover" as a practice. I also inserted the council practice as 8.01(5).

I call this out because 1) I think the practice should be codified in the Charter so It can't be changed, and 2), I don't want anyone thinking I just slipped this in.


As we review this draft, there are a few items on our Consolidated Notes we have not addressed:
28 - Comprehensive Plan
30 - Wording, etc. (Gene's favorite topic)
31 - Legal proceedings
32 - Indemnification
33 - P&Z as separate Article (I vote we disregard this one).

Please give this draft a close review, and advise of any issues ASAP. Thanks!

 

[Mark Douglas]

I do recall discussing (no crossover). If it came to a vote in the final draft? I’m inclined to vote in favor of keeping it in.

 

[Mark Douglas]

…I refer to Part B of ‘The Douglas’ Rule:

A: Council, lady tip its own devices, will take the least path of resistance and not act on ‘What’s right’, when it comes to policing themselves.

B: What Council giveth? Council can take away.

 

[Mark Douglas]

…I refer to Part B of ‘The Douglas’ Rule:

A: Council, left to its own devices, will take the least path of resistance and not act on ‘What’s right’, when it comes to policing themselves.

B: What Council giveth? Council can take away.

 

[Gene Harris]

2nd Format Draft which incorporates all recommendations through 2/11 meeting and feedback received above. This should be complete through what is now Article XI with just Article XII to formalize this week, hopefully on this board.

Note, when editing Article XIII to add the BOE and joint nomination process, I recalled our discussion but we never formalized the recommendation to restrict BOA members from P&Z and/or BSC. Since that time, council has adopted the "no crossover" as a practice. I also inserted the council practice as 8.01(5).

I call this out because 1) I think the practice should be codified in the Charter so It can't be changed, and 2), I don't want anyone thinking I just slipped this in.


As we review this draft, there are a few items on our Consolidated Notes we have not addressed:
28 - Comprehensive Plan
30 - Wording, etc. (Gene's favorite topic)
31 - Legal proceedings
32 - Indemnification
33 - P&Z as separate Article (I vote we disregard this one).

Please give this draft a close review, and advise of any issues ASAP. Thanks!

 

[Gene Harris]

First of all , thank you for the line numbers!!!

Line 1462 Question on 12.11 part 2, how did 5 years ineligibility to hold public office come about, anyone have history on that? I think I could live with a longer term, like 10 years, or maybe never serve again. I am not advocating for a change necessarily but want to call it out.

line 1503 what about replacing "competent" with "legal" as in this context competent doesn't mean skilled at something which I think would be the normal thought of the reader unless schooled in legal jargon.

line 1509 "Sate", should be state

line 1525 "home-rule", replace with home rule, no hyphen needed it is two separate words

line 1541-1545 suggested replacement for the entire sentence
The City Secretary shall furnish the Mayor a copy of the Charter as adopted by the voters to be authenticated and certified by the Mayor's signature and seal of the City, and then forwarded by the Mayor to the Secretary of State of Texas and shall show the approval of the Charter by majority vote of the qualified voters voting in the election.

Some of the replacements I have suggested have not followed the capitalization protocol, for that I apologize but it is quicker for me as a person who does not "type" to keep it as simple as possible, and I know if any are used those changes will be made.

This document needs to be easily understood without the aid of a law dictionary or law degree, which is why I am picky about fancy words.

 

[Robert Owen]

Line 1462 Question on 12.11 part 2, how did 5 years ineligibility to hold public office come about, anyone have history on that? I think I could live with a longer term, like 10 years, or maybe never serve again. I am not advocating for a change necessarily but want to call it out.

line 1503 what about replacing "competent" with "legal" as in this context competent doesn't mean skilled at something which I think would be the normal thought of the reader unless schooled in legal jargon.

line 1509 "Sate", should be state

line 1525 "home-rule", replace with home rule, no hyphen needed it is two separate words

line 1541-1545 suggested replacement for the entire sentence
The City Secretary shall furnish the Mayor a copy of the Charter as adopted by the voters to be authenticated and certified by the Mayor's signature and seal of the City, and then forwarded by the Mayor to the Secretary of State of Texas and shall show the approval of the Charter by majority vote of the qualified voters voting in the election.

Noted and will incorporate in the Article XII draft I'm working on.

Regarding 1462 - That language is in our current charter and I'm not sure the history. This is the only part of the charter that establishes any criminal penalties that I recall, and I assume it was copied from state law. My recollection on the first pass, was we felt it seemed odd, but not worth a ballot proposition to change it. In the end, after 5 years, we left it to the voters to decide if someone should hold office and CM if someone should be an employee.

I haven't researched but would suspect a lifetime ban would not be legally defensible. Frankly, I'd be in favor of just deleting that entire paragraph as it's oddly placed, unique in establishing a criminal penalty, and at the end of the day the voters or CM with support of council should have the final say. We could just tack "Violations of this Section are punishable pursuant to State law." to the end of paragraph 1.

 

[Gene Harris]

Charter draft 2
Suggested word replacements to be used instead of legalese, not all have been captured but tried to get the most egregious, example of fancy word. There are many places where extra words could be removed but think these will be tiring enough if incorporated.

Table of contents S 1.03 "dis-annexation" disannexation is not a hyphenated word per Oxford English Dictionary
line 121
line 127
line 128

Wording interpretation his/her, he or she, etc. I thought we decided to include a section adopted from Aubrey charter General Provisions section 11.05 into our general provisions
line 208 "he or she", just the words "the officer" works well here
line 230 replace his/her with their
line 475 his/her, could replace with "their"
line 520 his/her used twice in same sentence
line 522 he or she, use one word Member
line 585 his/her, use their

line 2 hereinafter, replace with from now on
line 33 whereby, use just where
line 88 Notwithstanding, replace with "However, the reading of the title"
line 89 thereof, replace with "of it"
line 154 delete however
line 167 saw the comment, thanks Robert
line 215 delete "hereto", serves no purpose
line 233/234 new sentence "Members of the Council and the Mayor shall serve without pay or compensation, however, the Council may at some time in the future determine by Ordinance a compensation package."
line 240 replace co-equal (not found in my dictionary) with equal, equal means the same, does coequal make it more equal or the same?
line 357 replace appointive with appointed
line 855 respective needed?
line 1158 got it

Ok I am cross eyed and hopefully finished.

Thanks for all your work Robert, you are the golden pen scribe!

 

[Gene Harris]

I do recall discussing (no crossover). If it came to a vote in the final draft? I’m inclined to vote in favor of keeping it in.

I am in favor to include in the charter that a volunteer can't be on BOA and P&Z or BSC at the same time.