The six-member Charter Review Committee has made its city charter amendment recommendations to the Levelland City Council.
The City Council started the process of ordering a City Charter Amendment Election with the first reading of Ordinance No. 1088 on January 20. The second reading of that ordinance is slated for Monday’s City Council meeting. (Feb. 3, 2025) The proposed amendments can be found in a PDF document at www.levellandtexas.org/ 2025 charter amendments.
Within this article, the first 12 proposed propositions are included along with how the amendment will read if approved following the election. Due to the large amount of information, the remainder of the 27 proposed propositions will be included in the Sunday, February 2 issue in the same format similar to this article.
The proposed propositions are as follows (The proposition titles are bolded to find them quickly if needed):
Proposition No. 1 – Masculine and Feminine: the Charter was drafted using masculine gender references exclusively and such vocabulary is outdated. This proposition shall amend the Charter by adding Section II to Article I to provide that “words used to express masculine gender shall be construed to include the feminine.”
Throughout the Charter, words used to express masculine gender shall be construed to include the feminine.
Proposition No. 2 – Exemption from Liability for Damages: the Charter has certain outdated requirements for individuals who seek to bring a claim or suit against the City which are inconsistent with current State Law. This proposition shall amend the Charter by updating the section regarding notice and provisions for damage suits to be consistent with current State Law.
If approved, the updated section would read as follows: the City of Levelland shall not be liable on account of any claim for specific performance, breach or contract, or damages to the person or to any property, or for any tort, unless the person, firm or corporation asserting such claim shall file with the City Secretary a written notice of such claim and a brief statement of facts upon which it is based within one hundred eighty (180) days from the date it is claimed such cause of action arose; and no suit shall be instituted in any court on any such claim until the expiration of ninety (90) days from the time such notice shall have been given.
Proposition No. 3 – The Power to Buy and Sell Gas, Etc.:
Article III, Section XVII of the Charter currently provides that any “contract or purchase binding the City for a period of more than two (2) years” for “electricity, gas, oil, or any other article or service essential to a property conduct of the affairs of the City and its inhabitants” requires “an election at which a majority of those voting shall favor making of such contract;” and this provision limits the City’s ability to properly secure such essential services and provide them to its residents. As a result, this proposition shall delete the election requirement as outlined above.
If approved, the updated section would read as follows: the City shall have power to purchase electricity, gas, oil, or any other article or service essential to a proper conduct of the affairs of the City and of its inhabitants on such terms as the City Council may deem proper for sale and distribution to the inhabitants of the City and adjacent territory.
Proposition No. 4 – Franchises – Number of Required Readings: the current Charter language regarding the granting of franchises requires approval by the City Council “after having been read in full at three regular meetings of the City Council.” Such a requirement is cumbersome and inefficient. This Proposition shall revise Article III, Section XVIII(C) to only require approval of franchises at one posted meeting of the City Council.
If approved, the updated section would read as follows: ) No franchise shall ever be granted until it has been approved by a majority vote of the city Council at one posted meeting of the City Council, nor shall any such franchise, grant or privilege ever be made unless it provides for adequate compensation or consideration therefor, to be paid to the City, and in addition to any other compensation, grantee shall pay annually such fixed charge as may be prescribed in the franchise. Such franchise and any contract in pursuance thereof shall provide that, upon termination of the grant, the franchise, as well as any other property of the grantee within said City, shall, upon payment of a fair valuation therefore (the mode to determine which shall be specified in the grant), become the property of the City; provided that the grantee shall never be entitled to any payment of valuation because of any value derived from franchise or the fact that it is or may be a going concern, duly installed and operated.
Proposition No. 5 – Other Enumerated Powers – Fine Amount: the City Charter gives a long list of powers related to its powers as a home rule municipality, including Article III, Section XXVIII, Other Enumerated Powers, which provides for a maximum fine of $200. This provision is outdated and needs to be updated to current financial realities and to be consistent with applicable state law. As a result, this proposition shall amend the Charter to update Article III, Section XXVIII to provide that the fine for all ordinance violations shall not exceed “the maximum amount allowed by applicable state law.”
If approved, the updated section would read as follows: In addition of the powers herein before specifically enumerated, the City Council of the City of Levelland shall have the power to license any lawful business, occupation or calling that it susceptible to the control of the police power; to license, regulate, control or prohibit the erection of signs or bill boards within the corporate limits of the City; to provide for a public library and the maintenance thereof; to provide for the regulation and control of electricians, plumbers, and gas fitters and electrical and plumbing workers and to require efficiency in the same; to provide for the inspection of weights, measures, and meters and fix a standard of such weights, measurers and meters, and to require conformity to such standards, and to provide penalties for failure to use or conform to the same; and to provide for inspection fees; to provide for the issuance of permits for erecting all buildings, for the inspection of the construction of buildings in respect to proper wiring for electric lights and other electrical appliances, piping for gas, flues, chimneys, plumbing and sewer connections; and to enforce proper regulations in regard thereto; to require the construction of fire escapes for all public buildings, and to determine the sufficiency and regulate the safety of all exits and fire escapes provided for public buildings of every kind and character; and to provide for the enforcement of all ordinances enacted by the City by a fine not to exceed the maximum amount allowed by applicable state law, provided that no ordinance shall prescribe a greater or lesser penalty than is prescribed for a like offense by the laws of the State of Texas.
Proposition No. 6 – Duties of City Manager as Chief Executive Officer: Article IV, Section I provides for the appointment of City Manager but doesn’t include any residency requirement and the Charter Committee recommended that there be a residency requirement for a new City Manager within 90 days of his/her appointment. Article IV, Section II provides for the duties of the City Manager and this provision is outdated due the changing nature of the City Manager position. As a result, this proposition would update Article IV, Section I to implement a residency requirement for the City Manager and would update Section II to more clearly detail the duties of the City Manager. If approved, the updated section would read as follows: The City Council is hereby vested with the power and authority to appoint, by a majority vote, a City Manager; who shall be the administrative head of the Municipal Government; said City Manager shall be responsible to the City Council for the efficient and economical administration of the City Government. Within 90 days of his/her appointment as City Manager, the newly appointed City Manager shall be a resident of the City of Levelland.
The powers and duties of the city manager shall be as follows: In cooperation with the city attorney, to see that all laws and ordinances are enforced.
Except as otherwise herein provided, to appoint and remove all heads of departments and all subordinate officers and employees of the city; all appointments to be upon merit and fitness alone, and in the classified civil service all appointments to be subject to the civil service provisions of this Charter.
To exercise control over all departments and subdivisions thereof created by this Charter, or that may hereafter be created by the council, except as hereinafter provided.
To see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be to take such steps as may be necessary to enforce the same.
To attend all meetings of the council, with the right to take part in the discussion, but having no vote.
To recommend to the council for adoption such measures as he/she may deem necessary or expedient.
To keep the council at all times fully advised as to the financial condition and needs of the city.
To act as budget commissioner and as such prepare and submit to the council the annual budget after receiving estimates made by the directors or heads of the various departments of the city.
To see to it that city operates within its budget.
Either personally or by one or more assistant city managers designated by the city manager, to execute all documents, contracts and legal instruments on behalf of the city as provided by this Charter or by the ordinances or resolutions of the council passed in pursuance thereof.
To perform such other duties as may be prescribed by this Charter, or by ordinance or formal action of the council.
Proposition No. 7 – Nepotism:
the Charter has two separate nepotism provision that are more restrictive than applicable state law. This Proposition shall delete the current section IV of Article IV regarding the employment of relatives of the City Manager and amend section XXVII of Article V to explicitly acknowledge that the City will be bound to follow all applicable state nepotism laws.
If approved, the updated section would read as follows: the City of Levelland shall comply with the state nepotism laws regarding which persons are not qualified to be appointed to any office, position, clerkship, or other service of the city.
Proposition No. 8 – Bond of City Manager: Article IV, Section V of the City Charter provides requirements related to the bond of the City Manager, including that the amount of the official bond be “in the sum of $5,000.00,” which requirements are clearly outdated and insufficient. This proposition would update the said Section to update and clarify the requirements related to the bond of the City Manager and any person performing the duties of custodian of city funds.
If approved, the updated section would read as follows: the City Manager and any person performing the duties of custodian of city funds shall each give official bonds in such sums as may be prescribed by the Council from time to time by Ordinance; such bonds shall be payable to the City of Levelland and shall, in each instance, be conditioned for the faithful discharge of the duties of such officers. Such bonds shall be procured from an accredited surety company, authorized to do business under the laws of the State of Texas, and the premiums to such surety companies shall be paid by the City. All official bonds shall be approved by the Council and filed and recorded with the City Secretary.
Proposition No. 9 – Candidates for Councilmembers Positions and Mayor; Qualifications – Filing Deadline: in Article V, Section III, the Charter specifies a precise time for filing for office and the Texas Election Code has superseded this Section. This proposition shall remove the outdated timeframe and amend this section to provide that filing for office shall be done in accordance with the Texas Election Code, as amended.
If approved, the updated section would read as follows: any qualified voter who resides within the City of Levelland, who is a citizen of the United States, and who meets the eligibility requirements of the laws of Texas shall have the right to seek election to the office of Councilmember or Mayor. In addition, persons seeking election to the Councilmember positions for District A, B, C, or D shall have resided within that District for six months prior to the first day on which candidates may submit application to be placed on the ballot for election. Persons seeking election to the office of Mayor may have resided within the corporate limits of the City of Levelland for six months prior to the first day on which candidates may submit application to be placed on the ballot for election. Each candidate seeking election to the office of Mayor or Councilmember shall submit a written application on a form available from the City Secretary, which shall be submitted to the City Secretary in accordance with the Texas Election Code, as amended.
Proposition No. 10 – Judge of Elections - Canvass: in Article V, Section VI, the Charter details that the election returns shall happen “on the next regular meeting day of said Council, after each regular and special election,” and the Texas Election Code has superseded this Section. This proposition shall remove the outdated timeframe and amend this section to provide that the returns of every municipal election shall be handled in accordance with the Texas Election Code, as amended.
If approved, the updated section would read as follows: The City Council shall be the judge of the election and qualification of its own members and of the Mayor, subject to review of the courts in case of contest. The City Council shall canvas the returns and declare the results of such election in accordance with the Texas Election Code, as amended.
Proposition No. 11 – Date of Elections: in Article V, Section VII(A), the Charter specifies a precise day for the date of regular municipal elections; and State Law supersedes this Charter provision and the Texas Election Code now mandates all election dates and time periods for all activities related to conducting any election and the state mandated times and dates are subject to change by the Legislature. This proposition shall remove and amend the precise date of regular municipal elections and instead specify that the date of elections shall be held on uniform election days prescribed by State Law.
If approved, the updated section would read as follows: The regular municipal elections of the City of Levelland, Texas shall be held on the uniform election day prescribed by the Texas Election Code. The election shall be conducted and the results canvassed and announced by the election authorities as prescribed by the Texas Election Code and the general elections laws of the State of Texas, as amended, and said Texas Election Code and general election laws of Texas shall control in all municipal elections.
Proposition No. 12 – Runoff Elections: in Article V, Section VII(B), the City Charter specifies an exact time period for a runoff election. State Law supersedes this Charter provision and the Texas Election Code now mandates all election dates and time periods for all activities related to conducting any election and the state mandated times and dates are subject to change by the Legislature. This Proposition shall remove and amend the specified time period for a runoff election and instead outline a general requirement specifying that all aspects of a runoff election shall occur on the next available date that is allowed or required by State Law, as amended.
If approved, the updated section would read as follows: Should any candidate fail to receive a majority of the votes at the election for the office for which he is a candidate, the governing authority shall immediately order a Runoff Election to be held on a date as prescribed by the Texas Election Code, at which runoff election the names only of the two candidates receiving the highest number of votes at said former election, for the office for which they were candidates, shall be printed on the ballot and submitted to the qualified voters for election, and the candidate receiving the majority of votes at such runoff election for the place or office for which he was a candidate shall be declared elected.