The Charter Review Committee assembled by the Levelland City Council met Monday evening at City Hall with Levelland City Attorney Slater Elza presenting the overall objective of the group and what the committee can expect.
The individuals selected for the committee included: Stephanie Castellano, Jeri Ann Dewbre, Liz Ferrel, Stephen Henry, Ryan Phelan and Freddy Ruiz.
Elza began the meeting with a presentation explaining the need for the committee.
The City of Levelland adopted its first charter in November of 1948 and has only been amended in 1990.
“This charter has only been touched once in 80 years,” said Elza. “There is stuff that needs to be cleaned up and stuff that we see in cities like yours that the citizens expect.”
Elza added that the charter provides a local response to the form of government desired by citizens; defines the structure of city government; establishes controls over city finances; and puts limits on the power of city governments.
The charter describes city boundaries, provides for the form of government, establishes the number of representatives on the city council and defines the terms of office and how the council will be elected.
The charter also describes the duties of the mayor, council and specific staff members; citizens’ right to initiate recall and, or referendum; city’s right to annex, tax and provide safety for its citizens; and procedures and ethics.
Any amendments to the charter must be approved by vote of the citizens in an election. Any proposed changes will be voted on May 3, 2025, which is the date of the city’s next general election.
It was explained to committee that more cities are having charter amendments as they are needing to be combed through and cleaned up. Elza explained many charters have not been amended in over 30 years and most charters have inconsistent and contradictory provisions. Often times, cities have charter provisions they often ignore as they do not make sense.
Some examples that were provided to the committee Elza has witnessed in other charters include: All law enforcement and families are entitled to free access to movies and other houses of entertainment; No flying kites that would annoy persons; The chief of police will be elected by citizens; and Elected council members are subject to drug testing, “when randomly selected by the city manager.”
Elza explained to the council that there were no provisions within the charter that are as unorthodox as the examples mentioned.
However, there were several provisions within the current charter he had prepared with his presentation to show the committee to get their thought processes going.
The few provisions mentioned were some of the first covered. A story covering the remainder of the provisions referenced during the meeting will be included in Sunday’s edition as Elza provided a large amount of detail and reasoning regarding the possibility of future amendments.
The first provision presented was Article 3 - Section VII regarding Damages. The current charter requires an injured person to file their claim in writing within 30 days from the date of incident causing injuries and, or damages.
Elza explained that state law has increased the days to 180 when they are involved in incidents as 30 days being too short.
A provision is already included stating a requirement of 90 days before filing a suit to give the city time to investigate and resolve the issue without need for litigation. Elza shared that he liked the provision because once a suit goes to litigation the timeline for any progress is drawn out.
The next topic was Article 3 Section XCVII regarding utilities. Elza explained that the provision restricts purchasing contracts for electricity, oil, gas and related materials to two-year agreements.
He added that the provision could restrict the city’s ability to contract and lock in best prices and other beneficial terms.
“We want our governmental entities to have maximum flexibility to do what is best for the city,” said Elza.
Article III - Section XVII “C” regarding franchises was highlighted as the provision deals with utility companies. Elza explained that franchise agreements establish the expectations between a city and a utility company related to construction, operation and maintenance of utility equipment.
Elza added the charter has a requirement to read the agreement three times in separate meetings which is unnecessary as they can be 25 pages to 30 pages in length.
In Article 3 - Section XXVIII regarding fines, the current charter allows for enforcement of city ordinances with a fine not to exceed $200. Elza added that the provision poorly incorporates state law.
It was recommended that an amendment would set any fines within the amounts allowed by state law. Elza explained that revamping the provision with the amendment would avoid having to amend the provision every few years.
The next meeting for the committee will be Tuesday, Dec. 17, beginning at 6 p.m. at City Hall.