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/ 2025charteramendments.
Within this article, the remaining 15proposed propositions are included along with the how the amendment will read if approved following the election. Due to the large amount of information, the first 12 proposed propositions were listed in the Wednesday, January 29 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. 13 – Officers – Oath and Bond: in Article V, Section VIII, the City Charter requires all elective or appointive officers to take “the oath prescribed by the Constitution of this State, and by executing such bond as may be required by the provisions of this Charter and the ordinances and resolutions of the City.” There is not an oath prescribed by the Constitution of this State for all elective or appointive officers. As a result, this proposition would require that all elective or appointive officers take “any required oath prescribed by the Constitution of this State” thereby making this Section more precise and accurate.
If approved, the propositions would read as follows: all officers of the City of Levelland, whether elective or appointive, shall qualify by taking any required oath prescribed by the Constitution of this State, and by executing such bond as may be required by the provisions of this Charter and the ordinances and resolutions of the City.
Proposition No. 14 – Vacancies in Council: the Charter currently provides that any vacancy in the City Council must be filled by special election if there is sufficient time remaining in the term but prudent practice would allow the Council discretion to appoint a successor in the event of a vacancy with less than one year remaining in a term while requiring that the Council appoint a successor in the event of a vacancy of more than one year to serve until the next regular city election at which time the position will be placed on the ballot for the unexpired term. This amendment would amend this section of the Charter by providing that a vacancy in the City Council of under one year shall be filled by majority vote of the remaining members of the City Council and that a vacancy of over one year shall be filled by appointment until the next regular city election at which time a special election for the unexpired term shall be conducted in accordance with state law.
If approved, the proposition would read as follows: a vacancy occurring in the City Council, including the office of mayor, shall be filled by a person having the qualifications of an elective official of the city and selected in the following manner: If a single vacancy occurs and the City Council member’s seat which is vacated has less than one year remaining, then the City Council may appoint a successor to serve the remainder of the term. If the position that is vacated has more than one year remaining, then the City Council shall appoint a successor to serve until the next regular city election at which time the position will be placed on the ballot for the remainder of the unexpired term. If two or more vacancies occur at one time, a special election shall be called by the remaining members of the City Council in accordance with the Election Code to fill the vacancies for the unexpired terms.
Proposition No. 15 – Mayor Pro-Tem – Timing of Selection:
in Article V, Section XI, the City Charter requires selection of the Mayor Pro-Tem without reference to when such selection should take place. This proposition would provide that the selection of the Mayor Pro-Tem be accomplished “at the first regular Council meeting after the regular municipal election or any runoff election…,” thereby making this Section more precise and accurate.
If approved, the propositions would read as follows: the mayor Pro-Tem shall be selected from among the members of the Council at the first regular Council meeting after the regular municipal election or any runoff election and shall perform all the duties of the Mayor in the absence or disability of said Mayor.
Proposition No. 16 – Duties of the Mayor: in Article V, Section XIII, the City Charter requires details the duties of the Mayor but this section is outdated, not in line with the City Manager – City Council form of government, and is silent about when the Mayor votes. This Proposition would update the description of the duties of the Mayor, including providing that “the mayor shall be entitled to vote upon all matters considered by the City Council, but he shall have no veto power.”
If approved, the propositions would read as follows: the Mayor of the City of Levelland shall be the presiding officer of the City Council. The mayor shall be entitled to vote upon all matters considered by the City Council, but he shall have no veto power. He shall sign all bonds, warrants, and other official documents, be the official head of the City and exercise all powers and perform all duties imposed upon him by this Charter and by the ordinances of the City, and the resolution of the City Council.
Proposition No. 17 – Legislative Procedure: Section XVIII of Article V of the City Charter provides for legislative procedures that speak of a simple majority being sufficient to adopt any ordinance or resolution which is not consistent with applicable state law that requires a supermajority vote in certain situations; and this Section providing for legislative procedures does not clearly and specifically reference the Texas Open Meetings Act and Texas Public Information Act. As a result, this proposition would clarify that a majority vote of those attending any meeting is sufficient “except when otherwise required by the Charter or applicable state law,” would add specific references to the Texas Open Meetings Act and Texas Public Information Act to provide that all meetings will be conducted in accordance with the Texas Open Meetings Act, as amended, and that public access to minutes of the meetings will be in accordance with the Texas Public Information Act.
If approved, the proposition would read as follows: a majority of the City Council shall constitute a quorum to do business and the affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary and sufficient to adopt any ordinance or resolution, except when otherwise required by the Charter or applicable state law. All meetings of the City Council shall be conducted in accordance with the Texas Open Meetings Act, as amended, and minutes of all proceedings shall be available to the public pursuant to the Public Information Act of the State of Texas, as amended. The vote upon the passage of all ordinances and resolutions shall be by the “ayes” and “nays” and entered upon the minutes, and every ordinance or resolution, upon its final passage, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the Mayor or Mayor Pro-Tem and the person performing the duties of City Secretary.
Proposition No. 18 – Ordinances, Enactment of: the Charter requirement of two readings for each ordinance is not stated very clearly and it would be better to clearly state the requirement that the two readings be done at two separate meetings, whether regular or special meetings, called in accordance with the Texas Open Meetings Act. This proposition would require that Ordinances must be presented and have the caption read, be voted upon, and passed at two separate meetings of the Council, either regular or special meetings.
If approved, the proposition would read as follows: each proposed ordinance or resolution shall be introduced in writing or printed form and shall not contain more than one subject which shall be clearly expressed in the title, except ordinances or resolutions making appropriations or authorizing the contracting of indebtedness or issues of bonds or other evidence of indebtedness. No ordinance, unless it be declared an emergency measure, shall be passed finally on the date it is introduced, but must be presented and have the caption read, be voted upon, and passed at two separate meetings, either regular or special meetings, of the City Council.
Proposition No. 19 – Publication of Ordinances and Effective Dates: the Charter requires publication in a newspaper “regularly published in the City of Levelland,” either in full or by caption, of all ordinances imposing a penalty, fine, or forfeiture and such publications are increasingly expensive, possibly ineffective, and the newspaper business continues to change because of the internet. This proposition would provide updated publication procedures for Ordinances requiring publication.
If approved, the proposition would read as follows: within 10 days after its passage, every ordinance imposing a penalty, fine or forfeiture, for violation of any of its provisions and every other ordinance required to be published by general law of the state or this charter, shall be published by descriptive caption or title, stating in summary the purpose of the ordinance and the penalty for violation thereof if any, in a newspaper of general circulation within the city or shall be submitted to the City’s publisher for codified ordinances, and shall take effect upon publication unless the ordinance or this charter specifies a later time. Every other ordinance shall take effect upon its final passage unless the ordinance or this charter specifies a later time.
Proposition No. 20 – Qualifications and Duties of City Secretary: in Article V, Section XXV, the Charter’s provisions regarding the qualifications and duties of the City Secretary are outdated, limited, and not consistent with applicable state law , and this section needs to be updated to better reflect current practices, and to provide that the appointment of the City Secretary be done by the City Manager, subject to the approved by the City Council. This proposition shall amend and update this section to conform duties and powers of the City Secretary to better reflect current practices and to provide that the City Manager appoint the City Secretary subject to approval by the City Council.
If approved, the proposition would read as follows: the City Manager shall appoint, subject to approval by the City Council, a City Secretary. The City Secretary shall attend all meetings of the City Council and keep accurate minutes of its proceedings. The City Secretary shall preserve and keep in order all books, papers, documents, records, and files of the City Council and of the executive departments. The City Secretary shall keep a record of all commissions and licenses issued and shall countersign same. The City Secretary shall have custody of the seal of the city and shall perform such other duties as the City Manager shall assign or as elsewhere provided for in this Charter or as required by law. The City Secretary may be removed from office by the City Manager, subject to approval by the City Council.
Proposition No. 21 – Budget:
in Article V, Section XXII(A), the City Charter requires submission of the proposed budget at least 60 days before the beginning of the new fiscal year and the information necessary to prepare the budget is increasingly delayed in getting to the City. This proposition would provide that the City Manager shall submit the budget to the City Council “in accordance with the laws of the State of Texas as the same now exist or as they may be amended.”
If approved, the proposition would read as follows: the Fiscal Year of the City of Levelland shall begin on the first day of October and shall end on the last day of September of each calendar year. Such fiscal year shall also constitute the Budget and Accounting year. The City Manager shall submit to the Council a proposed budget, which shall provide a complete financial plan for the fiscal year, in accordance with the laws of the State of Texas as the same now exist or as they may be amended. The Council shall arrange for and hold at least one public hearing on the budget during the period of its consideration. The level of control for adopted budgets shall be by Fund.
Proposition No. 22 – Reforming City Council after a Disaster: the current Charter is silent as to how the City Council would re-form in the unlikely event of a joint disaster involving over a quorum of the Council; and the experience of other Cities suggests it is prudent to have a Charter provision detailing how to re-constitute the Council in such an unlikely event. This Proposition shall add Section XXXIII to Article V to provide for procedures to re-form the City Council in the unlikely event of a joint disaster.
If approved, the proposition would read as follows: “In the event that a legal quorum of the elected City Council cannot be convened due to a disaster resulting in multiple injuries, deaths, or incapacity of officers, the surviving City Council members and officers first, then the following members of the following boards, shall constitute an interim City Council for purposes of meeting in numbers sufficient to constitute an interim City Council quorum, within15 days of such disaster, or as provided in the Texas Election Code, and shall call for an election to fill vacant City Council positions. Such constituted interim City Council shall serve until the requested election occurs and shall possess all powers possessed by the elected City Council. Such qualifying individuals, in order of succession, shall be the (1) chairperson of the Planning & Zoning Commission, (2) board president of the Levelland Economic Development Corporation, (3) board president of the Levelland Community Development Corporation, (4) vice-chairperson of the Planning & Zoning Commission, and (5) vice-president of the board of the Levelland Economic Development Corporation type A. The City Council may pass, by ordinance, such additional succession procedures and authorizations as it deems necessary.”
Proposition No. 23 – Delete References to City Tax Assessor-Collector: the Charter provides for a Tax Assessor-Collector (and refers to this position in the following ways: Tax Assessor-Collector, Tax Collector and Assessor, Assessor of Taxes, Assessor, Assessor and Collector of Taxes, Office of the Assessor and Collector, and Assessor and Collector). This position is no longer functioning or necessary as such duties are performed by the Appraisal District or another appropriate entity or person. As a result, this proposition shall delete all references to a Tax Assessor-Collector (by all referenced titles/ names) and instead reference that such duties are to be performed by the person or entity performing the functions of tax assessor and collector for the city.
If approved, the proposition would read as follows: All powers of the City and the determination of all matters of policy shall be vested in the City Council. The City Council shall, through the City Manager, exercise overall supervision of the municipal government. It shall, by majority vote, appoint the Municipal Court Judge, City Manager, and City Attorney, each of whom shall serve at its pleasure. The Chief of Police and City Secretary shall be appointed by the City Manager and these appointments shall be confirmed by a majority vote of the City Council. Neither the City Council nor any of its members shall in any manner control or demand the appointment or removal of any administrative officer or employee whom the City Manager or any subordinate of the City Manager is empowered to appoint.
It shall be the duty of every owner of property within the City of Levelland to render under oath to the person or entity performing the functions of tax assessor and collector for the city annually within the time prescribed by ordinance of said City a full and complete inventory of all property so owned or held by him, whether real, personal or mixed, and to take and subscribe to an oath to the correctness of such inventory, which oath may be administered by the person or authorized employee of the entity performing the functions of tax assessor and collector for the city.
The City Council shall provide by ordinance for the listing and valuation of all property, real, personal and mixed, situated, owned or held within the City Limits of Levelland and which has not been rendered by the owner thereof each year upon a date to be specified by the City Council by ordinance, by the person or entity performing the functions of tax assessor and collector for the city, which list of property so unrendered and assessed shall be placed upon the tax rolls of the City of Levelland and submitted along with the rendered rolls to the person or entity performing the functions of tax assessor and collector for the city and be subject to the same tax levy as the rendered property within said City.
The City Council shall have full power, by ordinance, to provide for the prompt collection of all taxes levied, assessed and due or becoming due to said City and prescribe where property shall be assessed or rendered for taxes and when the taxes thereon shall become due and payable and to that end may and shall pass all ordinances and make all such provisions as may be necessary for levying, imposing, assessing and collecting said taxes, regulate the methods of make out tax lists and inventories, and fixing the duties and identifying the powers of the person or entity performing the functions of tax assessor and collector for the city.
All taxes shall be payable at the person or entity performing the functions of tax assessor and collector for the city, or such other officer as the City Council may prescribe, and no demand for payment thereof shall be requisite or necessary to the enforcement of the collection thereof, nor for the collection of any taxes due before the passage of this Article.
Immediately after the end of the fiscal year of the City of Levelland, as prescribed by the City Council, it shall be the duty of the person or entity performing the functions of tax assessor and collector for the city, to prepare a roll to be designated as the Delinquent Roll, containing the description of all property described in the assessment rolls of the fiscal year just preceding, together with the taxes due thereon and which said taxes have not been paid, and said roll, when prepared, shall be certified to by the Officer preparing same to be correct and shall be prima facie evidence of the statement made therein that all of the prerequisites and requirements of law as to levying of taxes and assessing and rendering property therefor and also to all other matters having been complied with, and the City is entitled to One Dollar ($1.00) on each tract of land in said delinquent roll set forth, which shall be taxed against the delinquent tax payer of the property and against the property upon which the tax is due and in case of suit, to be taxed as a charge against said property, and the Collector of Taxes shall not issue any receipts to any delinquent tax payer unless said One Dollar ($1.00) has been paid. Said delinquent roll shall be finished and said statement furnished by the person or entity performing the functions of tax assessor and collector for the city not later than thirty (30) days after the end of each fiscal year. Said delinquent roll shall be published not later than ninety (90) days after the end of each fiscal year or as soon as possible thereafter once each week for four (4) consecutive weeks in some newspaper published in the City of Levelland, and the City shall also be entitled to charge Two Dollars ($2.00) for advertising each tract of land separately assessed which shall be taxed as a charge against the property on which the tax is due, and no receipt to any delinquent tax payer shall be issued until such cost of advertising has been paid; provided that such publication shall not be a condition precedent to bringing suit on such taxes and for the foreclosure of the tax lien of the City against such property.
Promptly after the adoption of this charter, it shall be the duty of the City Council to appoint a City Secretary, Chief of Police, and City Attorney and such other officers and department heads and employees as it may deem necessary, and to fix their compensation. It shall also be the duty of the City Council to designate for each Councilman a place number, the place number to be given to each Councilman to be determined in the manner decided upon by the City Council.
Proposition No. 24 – Board of Equalization – Repeal: the Charter creates a Board of Equalization; and such a Board is not functioning in any manner and is no longer necessary as the Appraisal District or another appropriate entity now performs these functions in accordance with State law; and references to this Board should be repealed to conform with current practice. This proposition shall revise references to the Board and repeal and delete Article VI, Section IX.
If approved, the proposition would read as follows: The City Council shall provide by ordinance for the listing and valuation of all property, real, personal and mixed, situated, owned or held within the City Limits of Levelland and which has not been rendered by the owner thereof each year upon a date to be specified by the City Council by ordinance, by the Assessor other officer designated for that purpose, which list of property so unrendered and assessed shall be placed upon the tax rolls of the City of Levelland and submitted along with the rendered rolls to the person or entity performing the functions of tax assessor and collector for the city and be subject to the same tax levy as the rendered property within said City.
All property which the owner thereof may have failed or refused to inventory, assess or render for taxation for years prior to the passage of this act, shall be by the officer designated by the city Council inventoried, assessed and rendered for taxes for the year or years for which the same was not so rendered, inventoried and assessed by the owner thereof, and such officer, designated by the City Council, shall have the right and it shall be his duty at any time to revise, correct and reassess and properly describe any property incorrectly rendered or assessed or improperly described, without the necessity of giving notice to the owner thereof; provided, however, that the valuation as fixed by the person or entity performing the functions of tax assessor and collector for the city shall not be changed and such inventory and assessment, when revised and worked over, shall be as valid and effective as if on such assessment sheets and tax rolls and as if regularly and duly rendered and assessed by the owner for the year for which rendered, assessed and inventoried, as above provided for, by the Officer of the City of Levelland, designated by the City Council and said tax rolls and assessment sheets shall be prima facie evidence that said property was regularly and duly rendered, inventoried, assessed and properly described in all respects as if done duly and regularly by the owner in the first instance.
Proposition No. 25 – Initiative and Referendum – timing of elections: in Article VIII, Section I(F) (initiative) and Article VIII, Section II(F) (referendum) the Charter specifies the precise time periods for Initiative and Referendum elections; However, 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 periods for Initiative and Referendum elections and instead outline a general requirement specifying that all aspects of such elections shall occur on the next available date that is allowed or required by State Law.
If approved, the proposition would read as follows: Upon receipt of the certificate and certified copy of the proposed measure, as provided in the foregoing section, the Secretary shall certify the fact to the City Council at its next regular meeting. The proposed measure shall be submitted to a vote of the qualified voters at an election to be held on the next available uniform election date for which the City may meet all statutory deadlines. Any such measure approved by a majority of the qualified voters voting thereon shall be considered adopted and shall take effect at the time indicated therein.
If a referendum petition, or amended petition, be found sufficient, the Secretary shall certify that fact to the City Council at is next regular meeting, and, unless the measure or a part thereof, specified in the petition, be an emergency measure, it shall not go into effect unless approved by the qualified voters as hereinafter provided. Upon receipt of the Secretary’s certificate of sufficiency, the City Council shall proceed to reconsider the measure and its final vote upon such reconsideration shall be upon the question, “shall the measure (or a part of the measure) as specified in the referendum petition be repealed?”. If upon such reconsideration the measure, or a part thereof, be not repealed, it shall be submitted to the qualified voters at the next available uniform election date for which the City may meet all statutory deadlines after such final vote by the Council. The City Council, by a three-fourths (3/4) vote of its members, may submit the measure to the qualified voters at a special election to be held no sooner than the time aforesaid. If when submitted to the qualified voters any such measure, or part thereof, be not approved by a majority of those voting thereon, it shall be deemed repealed.
Proposition No. 26 – Initiative and Referendum – frequency: the current Charter is silent as to how frequently a matter may be re-submitted to the voters, thereby creating a situation ripe for both voter fatigue and competing or serial petitions on the same topic. This proposition shall specify that once a matter has been placed on the ballot for a public vote and it passes, then that matter may not again be the subject of an initiative or referendum petition for a period of two years and if the initiative or referendum measure fails to pass, then there shall be no further election called on that subject for a period of four years.
If approved, the proposition would read as follows: if an initiative petition results in the passage of a measure in an election, then there shall be no further initiative or referendum election called on that subject for a period of two years. If an initiative or referendum measure fails to pass in an election, then there shall be no further election called on that subject for a period of four years.
Proposition No. 27 – Bonds and Warrants: Article IX of the Charter provides details regarding Bonds and Warrants that confuse the two, are inconsistent with state law, fail to address certificates of obligation, unnecessarily restrict the rate of interest that can be paid, and are generally confusing; and the City desires to issue such debt in conformity with the laws of the State of Texas in order to maintain maximum flexibility to borrow money when necessary as inexpensively and efficiently as possible, when needed. This proposition would provide updated sections regarding Bonds and Warrants.
If approved, the proposition would read as follows: General Obligation Bonds. The City shall have the power to borrow money on the credit of the City and to issue general obligation bonds for permanent public improvements or for any other public purpose not prohibited by the Constitution and laws of the State of Texas, and to issue refunding bonds to refund outstanding bonds of the City previously issued. All such bonds shall be issued in conformity with the laws of the State of Texas.
Revenue Bonds. The City shall have the power to borrow money for the purpose of constructing, purchasing, improving, extending or repairing of public utilities, recreational facilities or any other selfliquidating municipal function not prohibited by the Constitution and laws of the State of Texas, and to issue revenue bonds to evidence the obligation created thereby, and to issue revenue refunding bonds to evidence the obligation created thereby; and to issue revenue refunding bonds to refund outstanding revenue bonds previously issued. Such bonds shall be a charge upon and payable solely from the properties, or interest therein, pledged, or the income there from, or both, and shall never be a debt of the City. All such bonds shall be issued in conformity with the laws of the State of Texas. (C) Incontestability of Bonds. All bonds of the City, having been issued and sold and having been delivered to the purchasers thereof, shall thereafter be incontestable; and all bonds issued to refund outstanding bonds shall, after such issuance, be incontestable.
The City shall have the authority to issue time warrants, certificates of obligation or other forms of public debt allowed by state law and to issue refunding warrants, certificates, or bonds to refund outstanding warrants or certificates or bonds previously issued. All such time warrants, certificates of obligation, and bonds shall be issued in conformity with the laws of the State of Texas.