Propositions on City of Pleasanton ballotFree Access

When going to place your vote for the City of Pleasanton mayor and District 6 council member, you will also find several propositions to vote FOR or AGAINST.

“This information is being made available when voters come in to vote. It will also be available on Election Day,” said City Secretary Andres Aguirre. Pamphlets with the following information is available next to the sample ballots at City Hall where Early Voting is currently taking place:

RECOMMENDATION 1:

Background and Policy Reasons for the Recommendation

The Committee determined that an increase in the compensation for the Mayor and Council was in order due to the length of time since the last increase and the time required to carry out the City’s business throughout the year.

Recommendation

That the compensation of the City Council be increased. The recommendation is to increase the Mayor’s current compensation from $30.00 to $75.00 per regular council meeting, council members from $20.00 to $50.00 per meeting and to compensate the Mayor and Council $25.00 for all other meetings.

The current City Charter language addressing Compensation is found in Article IV, Section 7:

Current language:

Section 7.  Compensation

Beginning on the first of the month following the adoption of this Charter, and thereafter, the Mayor shall receive a compensation of thirty dollars ($30.00) per regular Council meeting attended, and each Councilmember shall receive a compensation of twenty dollars ($20.00) per regular Council meeting attended, and all appointive officers of the City Council, except where otherwise provided by law, shall receive such compensation as may be fixed by the City Council. Nothing contained herein shall prohibit the reimbursement of actual official city business expenses of the Mayor and City Council where same are provided in the annual city budget.

Proposed language:

Beginning on the first of the month following the adoption of this Charter, and thereafter, the Mayor shall receive a compensation of seventy-five ($75.00) thirty dollars ($30.00) per regular Council meeting attended, and each Councilmember shall receive a compensation of fifty ($50.00) twenty dollars ($20.00) per regular Council meeting attended, twenty-five ($25.00) for the Mayor and Councilmembers for all other meetings attended, and all appointive officers of the City Council, except where otherwise provided by law, shall receive such compensation as may be fixed by the City Council. Nothing contained herein shall prohibit the reimbursement of actual official city business expenses of the Mayor and City Council where same are provided in the annual city budget.

In summary:

  • $30 to $75 increased compensation for the Mayor
  • $20 to $50 increased compensation for Council
  • $25 for all other meetings such as workshops, special, and emergency sessions for Mayor and Council

Estimated Fiscal Budgetary Impact for the Recommendation:

If approved, to be determined by staff.

 

RECOMMENDATION 2:

Background and Policy Reasons for the Recommendation

The 2019 annexation changes set out in HB 347 eliminated any distinction between Tier 1 and Tier 2 cities previously adopted that allowed for municipal annexation. Under the new 2019 annexation laws, cities are no longer able to annex any property using the old Tier 1 procedures. Tier 1 General Authority to Annex, previously Subchapter B, has been fully repealed. Therefore, a Texas home rule city has very limited unilateral authority to annex.

Recommendation

That the current City Charter language addressing annexation authority be amended to comport with current state law that limits such authority. Essentially, the current charter provision is out of date.

The current City Charter language addressing Additional Territory is found in Article II, Section 2:

Section 2.  Additional Territory

Current language:

The City Council shall have power by ordinance to fix the boundary limits of the City of Pleasanton; and to provide for the alteration and the extension of boundary limits, and the annexation of additional territory lying adjacent to the City, with or without the consent of the owners and the inhabitants of the territory annexed.

Proposed language:

The City Council shall have power by ordinance to fix the boundary limits of the City of Pleasanton; and to provide for the alteration and the extension of boundary limits, and the annexation of additional territory lying adjacent to the City in accordance with state law., with or without the consent of the owners and the inhabitants of the territory annexed.

In summary:

  • To amend the City Charter to provide that annexations are performed in accordance with state law

Estimated Fiscal Budgetary Impact for the Recommendation:

None.

 

RECOMMENDATION 3:

Background and Policy Reasons for the Recommendation

The current dual office holding provision in the Pleasanton City Charter is in potential conflict with Texas Constitution in Article XVI, § 40(a) which exempts Justices of the Peace from the constitutional dual office holding limitations. The Committee, consistent with the City Council’s October 1, 2020 charge, seeks to clarify that the City of Pleasanton may appoint an elected Justice of the Peace as a municipal judge.

Recommendation

That the current City Charter language addressing Disqualifications as it relates to dual office holding be amended to comport with the Texas Constitution exempting Justices of the Peace.

The current City Charter language addressing Disqualifications is found in Article IV, Section 2A:

Section 2A.  Disqualifications

Current language:

The Mayor, Councilmembers, and officers and employees shall not hold any other public elective  or appointive office of emolument. The Mayor, Councilmembers, and officers and employees shall be bound in their conduct in accordance with applicable state law regulating conflicts of interest of officers of municipalities. Any member of the Council who has three (3) consecutive unexcused absences from Council meetings shall forfeit the office.

Proposed language:

The Mayor, Councilmembers, and officers and employees shall not hold any other public elective  or appointive office of emolument except that of Justice of the Peace. The Mayor, Councilmembers, and officers and employees shall be bound in their conduct in accordance with applicable state law regulating conflicts of interest of officers of municipalities. Any member of the Council who has three (3) consecutive unexcused absences from Council meetings shall forfeit the office.

In summary:

  • To amend the City Charter to provide that Justices of the Peace may serve as Municipal Judge in accordance with the Texas Constitution.

As stated, the Texas Constitution in Article XVI, § 40(a) set forth below provides that certain public officers are exempt from the constitutional dual office holding limitations. Such officers include Justices of the peace.

 

THE TEXAS CONSTITUTION ARTICLE 16. GENERAL PROVISIONS

Sec. 40.  HOLDING MORE THAN ONE PUBLIC OFFICE; EXCEPTIONS; RIGHT OF OFFICEHOLDER TO VOTE.  (a)  No person shall hold or exercise at the same time, more than one civil office of emolument, except that of Justice of the Peace (emphasis added), County Commissioner, Notary Public and Postmaster, Officer of the National Guard, the National Guard Reserve, and the Officers Reserve Corps of the United States and enlisted men of the National Guard, the National Guard Reserve, and the Organized Reserves of the United States, and retired officers of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired warrant officers, and retired enlisted men of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers and enlisted members of the Texas State Guard and any other active militia or military force organized under state law, and the officers and directors of soil and water conservation districts, unless otherwise specially provided herein. Provided, that nothing in this Constitution shall be construed to prohibit an officer or enlisted man of the National Guard, the National Guard Reserve, the Texas State Guard, and any other active militia or military force organized under state law, or an officer in the Officers Reserve Corps of the United States, or an enlisted man in the Organized Reserves of the United States, or retired officers of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired warrant officers, and retired enlisted men of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers of the State soil and water conservation districts, from holding at the same time any other office or position of honor, trust or profit, under this State or the United States, or from voting at any election, general, special or primary in this State when otherwise qualified.

Estimated Fiscal Budgetary Impact for the Recommendation:

None.

 

RECOMMENDATION 4:

Background and Policy Reasons for the Recommendation

The current provision in the Pleasanton City Charter requires the regular City election be held annually on the first Saturday of May in accordance with the election laws of the State of Texas. According to the City Secretary, the first Saturday in May does not always fall on the May uniform election date in the Texas Election Code. The Committee, consistent with the City Council’s October 1, 2020 charge, seeks to provide consistency with state law.

Recommendation

That the current City Charter language addressing Elections be amended to comport with current state law regarding uniform election dates for municipal general elections.

The current City Charter language addressing Elections is found in Article XI, Section 1:

Section 1.  Elections

Current language:

The regular City election shall be held annually on the first Saturday of May, in accordance with the election laws of the State of Texas at which time officers will be elected to fill those offices which become vacant that year. The City Council shall fix the hours and place for holding the election. The City Council may, by ordinance or resolution, order a special election, fix the date and place for holding same, and provide all means for holding the special election. Notice of the election shall be published in the official newspaper of the City of Pleasanton. The publication will be made not more than thirty (30) days, nor less than ten (10) days before the election.

Proposed language:

The regular City election shall be held annually on the first Saturday of May uniform election date, in accordance with the election laws of the State of Texas at which time officers will be elected to fill those offices which become vacant that year. The City Council shall fix the hours and place for holding the election. The City Council may, by ordinance or resolution, order a special election, fix the date and place for holding same, and provide all means for holding the special election. Notice of the election shall be published in the official newspaper of the City of Pleasanton. The publication will be made not more than thirty (30) days, nor less than ten (10) days before the election.

In summary:

  • To amend the City Charter to provide that elections are conducted in accordance with state law.

Early Voting for the City of Pleasanton General Election is taking place at City Hall located at 108 Second St. from 8 a.m.-5 p.m. Monday-Friday with extended hours on Tuesday, April 27 from 7 a.m.-7 p.m. Election Day voting will take place Saturday, May 1 at the Pleasanton Civic Center located a 115 N. Main St. from 7 a.m.-7 p.m.

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