HOME RULE CHARTER MAY ELECTION INFORMATION

Transcription

1 HOME RULE CHARTER MAY ELECTION INFORMATION The following individuals were selected to serve on the Home Rule Charter Commission and draft a proposed Home Rule Charter: President Council Member City Staff Citizens of Venus James Burgess Jeannie Prazak Captain James Groom James Barnet Linda Harris Officer Daniella Martinez Sandra Jones Joe Russell Richard Willingham In December 2018, the mayor appointed a local City Charter Commission to begin development of a Home Rule Charter for the City of Venus. The nine-member Commission, including the mayor, was responsible for drafting a home rule charter document for submittal to the voters of Venus for approval consideration. During a Regular Council meeting on February 11, 2019, the Charter Commission presented a Proposed Home Rule Charter to the City Council. The City Council voted to call for a Special Election on the Charter on May 4, 2019 for consideration by qualified city voters. The Home Rule Charter ballot shall read: Shall the City of Venus adopt a Home Rule Charter as recommended and submitted by the Home Rule Charter Commission of the City of Venus. For Against Early Voting Dates and Times: April Mon. Fri. 8am 5pm April Mon. Tues. 7am 7pm Nearest Voting Locations: Johnson County residents o Venus Civic Center S. Walnut St, Venus, Texas Ellis County residents o Midlothian Conference Center - 1 Community Circle D, Midlothian, Texas (other locations for Ellis are posted on the City website. Election Day Polling Place: Saturday, May 4, am 7pm Nearest Voting Locations: Johnson County residents o Venus Civic Center S. Walnut St, Venus, Texas Ellis County residents o Midlothian Conference Center, 1 Community Circle D, Midlothian, Texas (other locations for Ellis are posted on the City website. Interested parties may secure a printed copy of the Proposed Home Rule Charter from the lobby of Venus City Hall 105 E. Hwy 67, Venus, TX You may also print a copy from our city webpage: or call for more information.

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3 Venus Home Rule Charter FAQ s The following information is intended to address commonly asked questions regarding the proposed charter and to identify the ways in which the proposed charter would change the structure and operations of your local government. This Q and A is designed to provide factual information about the charter so that you can make a well-informed choice. What is a Home Rule Charter? In Texas there are two (2) types of municipalities: General law municipalities are cities that operate under the general laws of the State of Texas. General law cities can only take actions that are permitted under those general laws as granted by the state. Home rule municipalities are cities that have adopted city charters. but in addition, can adopt other rules and regulations that fit the particular local needs and interests of the community. Home Rule is the privilege of citizens at the grass roots level to manage their own affairs with minimal interference from the State. Home Rule assumes that government issues should be solved at the level closest to the people. The charter goes into effect only after a majority of Venus qualified registered voters have approved it in an election. Texas cities become eligible to adopt home rule charters if they have a population of 5,000 or more. Almost all eligible cities in Texas have adopted charters. How will approving the Home Rule Charter affect me? Approving the charter will allow the City to govern itself by establishing rights, responsibilities, and privileges for all Venus residents so long as content in the Charter is not superseded by State or Federal laws. What form of government is proposed in the City of Venus Charter? Article 1 of the proposed charter includes adoption of the "council-manager" form of government. Under the council-manager system the city council establishes policy and hires a city manager. The city manager is responsible for implementing the council policy decisions and directing the day to day administration of City business (Article 5). The city manager reports to the council and city employees report to the city manager, usually through a department head. The City Secretary, Municipal Judge(s), and the City Attorney are appointed by the city council and report directly to the council. Will taxes increase as a result of passage of the proposed charter? The charter does not change the current state laws and requirements regarding the ability and authority of the city regarding taxes. The city council currently has the authority and responsibility to set the ad valorem (property) tax rate each year. The Johnson and Ellis County Central Appraisal Districts set property values each year. The adoption of the Charter does not change the current process for setting tax rates and appraising property. Under the Texas Constitution, cities having 5,000 or more residents can set a property tax rate up to $2.50/$100 valuation. Our current Venus tax rate is $0.87. State law strictly regulates how much a city may increase their tax rates, with regulations specifically set out to protect and notify city taxpayers of any annual increases above 3% and allows for a rollback election for any increase in excess of 8%; this is true if you are a General Law or a Home Rule community.

4 I own property within the city limits of Venus, but live elsewhere. Can I vote on the Charter? No, you must be a resident of the City and a qualified registered voter in order to vote on the Home Rule Charter. What are the requirements and process for a Home Rule Charter? In order for a community to qualify as a Home Rule city, it must establish through independent means that it has at least 5,000 inhabitants. The governing body makes the final determination of the number of inhabitants. The Local Government Code Chapter 9 defines the process for adoption of a Home Rule Charter. The governing body may either a) place an item before the community as to whether a Charter Commission shall be formed; or b) the governing body or Mayor may appoint a Charter Commission to prepare and submit to voters a Charter. Sec (d). The Charter Commission prepares a Charter and submits it to voters for approval or rejection. Sec (a). How does the proposed charter affect annexation authority of the city? General law cities can generally annex only with permission of property owners. The proposed Venus Home Rule Charter states the City can only annex with permission of the property owner. There will be no change in the City s ability to annex. What is the ETJ and how does it affect me? The ETJ stands for Extraterritorial Jurisdiction, and is governed by the Texas Local Government Code. The City enforces limited portions of its Subdivision Ordinance within the ETJ. This is the same whether you are a home rule city or a general law city. Is the City Council able to make changes to the Charter? No, any changes to the Charter must be approved by an election of the voters. What rights does the proposed charter provide for citizens? The proposed Charter provides for recall, initiative and referendum rights for citizens (Article 7). Recall allows citizens to vote to remove a city council member (including the mayor) from elected office, if the member knowingly violates a provision of the charter, engages in official misconduct, demonstrates incompetency while performing duties of office. Initiative is the process that allows citizens, through a petition, to initiate legislation (through ordinances). Referendum is the process that allows citizens, through a petition and election, to overturn ordinances passed by the city council. *The inclusion of recall, initiative and referendum in the proposed charter is a critical difference from the current arrangement because recall, initiative and referendum are not legally permitted in general law cities.

5 What other changes in city government would result from passing the charter? Proposed Charter The city council would include six council members and a Mayor. The position of Mayor is a voting position. *Article III, Section 3.01 The city council retains executive power to appoint: City Manager City Secretary Municipal Judge(s) City Attorney *Article III, Section 3.07 All boards and commissions. *Article VIII, Section 8.01 A council member cannot hold any compensated City office for one year after expiration of the term for which the councilmember was elected or appointed. *Article III, Section 3.11(1) City budget must include a 5-year capital improvements program. *Article VI, Section 6.11 Currently There are five council members and a non-voting Mayor. The council can appoint any or all city officials and/or city employees that it chooses. No similar provision. No such requirement. Additional information regarding home rule cities and general law cities is available through the Office of the Texas Attorney General, including the website of the Texas Attorney General ( The general authority of home rule and general law cities is also set forth in the Texas Local Government Code and Texas Constitution, among other statutes.