GOVT 2306

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GOVT 2306

• Area City Councils

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As discussed several times previously, municipal
corporations, depending on what is written in
their charter, have city councils that have
certain powers, including the ability to pass
ordinances.
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City Councils tend to be small, local councils
have less than 10 people. Councils perform
general legislative functions. They provide
representation to various constituencies in the
city, propose and vote on bills that help govern
the city.
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Most importantly, the council provides a
democratic function by allowing the general
population to control the overall direction of
local policy through elections. By changing who
is on the city council they can slowly change the
direction of city governance.
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By the way, cities pass ordinances not laws.
Example Houstons Code of Ordinances.
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The power of city councils varies depending on
the structure established in the charter. Some
charters grant a great degree of power to the
city council, others to the mayor.Lets review
the basic forms of city government and understand
what it means for the power of the city council
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Heres a quick graphic look at each form of
government.
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City councils are strongest in the
council-manager and weak mayor council forms.
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In the council manager form (which is very
popular locally) the mayor is ceremonial and is
sometimes little more than a council members with
a different title. The council establishes
policy, passes ordinances, votes on the budget
and appropriations, and articulates a vision for
the city.
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The implementation of these policies are then
given to a city manager who is hired to provide
professional management of city functions. They
are then held accountable by the city council and
can be replaced if deemed necessary.
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The purpose of the city manager form is to both
professionalize the operations of city
governments and to reduce the opportunities for
political favoritism and corruption.
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In the weak mayor council, the mayors power is
limited in key ways meaning that the city
councils powers are enhanced. The ability to
appoint and remove executive officials is limited
as is the veto power and influence over the
budget. As with the council manager form, the
mayor is a ceremonial position. The position has
the same powers as other members of the city
council, but as figure head, get to cut ribbons
and represent the city and other such things.
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These are not especially efficient systems, and
are used primarily in smaller cities which have
little interest in substantive growth (which
requires some concentrated strength to obtain).
They are reflective of the Jacksonian desire to
keep government at all levels small.
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In the Strong Mayor form, the powers of city
council are limited by mayors that are elected
fulltime and are granted significant powers over
appointment, the budget, the agenda of city
council and other matters.
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In these forms, the city council is designed to
check the power of the mayor. Appointments have
to be approved, stops can be placed on items the
mayor wants considered by the council, and the
council must approve the budget. More on this
below when we look at Houstons council.
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A few quick points before we look at some area
city councils.
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1 They are subject to the Texas Open Meetings
Act.(as are all meetings of governmental
bodies, but the law is especially focused on
local and single purpose governments)
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The act requires that meetings of governmental
bodies to be open to the public, except for
expressly authorized closed sessions,1 and to be
preceded by public notice of the time, place and
subject matter of the meeting.
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This is to ensure that decisions made which can
involve the distribution of public funds are
open and transparent. Small groups as is
common in city councils are ideally suited to
corruption.
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2 City council meetings follow a specific
format overseen by the presiding officer, which
is often the mayor.
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This document describes how Alvin City Council
meetings are conducted CITY OF ALVIN RULES
AND PROCEDURES FOR PETITIONS OR REQUESTS FROM THE
PUBLIC
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3 City Council Elections are non-partisan
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While candidates for positions in other levels of
government notable national and state, as well
as county run as members of political parties,
candidates for city office do not. This is also
true for single purpose governments.
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This is to limit the ability of party machines to
develop at the local level.In order to further
limit this tendency, city elections are also help
in odd numbered years so that city elections
cannot be coordinated with state and national
elections.
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In actuality though informed voters are aware
of which party city council candidates affiliate
with.But this is unofficial.
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4 As opposed to state and national
legislatures, many city council positions are
term limited.
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Proponents of term limits argue that they allow
for turnover in city councils which augments
democracy and minimizes the corruption by
breaking apart any political machines which may
allow a powerful political faction to control the
establishment and implementation of city
policies.
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Terms limits along with other reforms (like
primary elections, civil service reforms,
registration requirements) are seen as ways to
break up urban political machines.For more info
on these click here and here.
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Local legislators who serve for long periods of
time are necessary parts of these machines.
This is true for the state and local level, but
terms limits have not been imposed on either of
those levels. There is a reason for this.
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There are objections to terms limits for at least
a couple reasons. One is that it also minimizes
democracy by limiting the choices voters can
make. What if they wish to keep a good city
council member in place?
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The second is that removing a member of the city
council does not means that the power of the
council is diminished, it is just displaced.
Powerful outside interests and those who hold
more permanent positions in city government can
gain influence over policy. Powerful groups can
still have influence over city government, but
these are no longer limited (checked and
balanced) by equally powerful city council
members.
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Many local city councils are term limited.
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Lets walk through the city councils of four area
cities.AlvinManvelPearlandHouston
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Alvin City Council
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Well hit a few points made in the Code of
Ordinances describing the operations of the
council.These are primarily from Part I of the
Code.
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Alvin has a council manager form of government.
Here is the relevant language from the City
Charter, which can be found in Article I of the
Code of Ordinances.
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The municipal government provided by this
Charter shall be the council-manager form of
government. Pursuant to the provisions of, and
subject only to the limitations imposed by the
state and federal constitution, the state and
federal laws, and this Charter, all powers of the
city shall be vested in an elective council,
hereinafter referred to as the "council," which
shall enact legislation, adopt budgets, determine
policies, and appoint the city manager, who shall
execute the laws and administer the government of
the city.
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The City Council is 5-2-1, meaning that it has 5
single member districts, 2 at large districts and
a mayor. This is due to a lawsuit challenging the
at-large scheme the city had prior to 2006.The
mayor is considered to be part of the city
council.
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Detail The governing body of the city shall be
a city council composed of seven (7)
councilmembers and a mayor, each elected for a
term of three years. The council districts shall
be designated as Districts A, B, C, D and E and
At-Large Positions 1 and 2. The mayor and
councilmembers for At-Large Positions 1 and 2
shall be elected from the city at-large.
Councilmembers for Districts A, B, C, D and E
shall each be elected by vote of the qualified
voters residing within a corresponding lettered
single member district established by ordinance.
The terms of the mayor and councilmembers shall
be staggered three year terms, and the transition
to three year terms shall be as provided in Sec.
3
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Alvin City Council members are term limited
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No mayor or councilmember may serve more than
three (3) terms of office (inclusive of unexpired
terms) nor shall the tenure of office exceed nine
(9) years.
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Basic requirements to be a member of the Alvin
City Council
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(i) be at least eighteen years of age (ii) be
citizens of the United States (iii) be qualified
voters of the city (iv) have been residents of
the State of Texas for at least twelve
consecutive months (v) have been residents of
the city and the district for which they seek
election, or an area having been annexed into the
city and/or the district, for at least six
consecutive months (vi) not be delinquent on any
indebtedness to the city and (vii) meet all
other qualifications for eligibility set forth in
the Texas Election Code.
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The city has investigative powers
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The council has the power to inquire into the
official conduct of any department, agency,
office, officer, or employee of the city, and
into any other matters of proper concern to the
Municipal Government.
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But it cannot interfere with administrative
matters
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Neither the council nor any of its members shall
direct or request the city manager or any of
his/her subordinates to appoint or to remove from
office or employment any person except a person
whose office is filled by appointment of the
council under the provisions of this Charter.
Except for the purpose of inquiry and
investigation, the council and its members shall
deal with the administrative services of the city
solely through the city manager and neither the
council nor any member thereof shall give orders
to any subordinate of the city manager, either
publicly or privately.
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(No Transcript)
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Alvin like many Texas cities is an
initiative, referendum and recall city.
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(No Transcript)
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(No Transcript)
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Manvel City Council
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Manvel also has a council manager form of
government The municipal government provided
by this Charter shall be known as a
"council-manager form of government." Pursuant to
the provisions of, and subject only to the
limitations imposed by, the state constitution,
state laws and this Charter, all powers of the
city shall be vested in an elective council,
hereinafter referred to as the "city council" or
the "council."
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From the Manvel webpage on the city council
The Manvel Council members are the city's
legislators. Their primary duty is policymaking,
which includes identifying the needs of local
residents, formulating programs to meet the
changing requirements of the community, and
measuring the effectiveness of ongoing municipal
services.
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The Manvel City Council meets twice monthly, on
the 2nd and 4th Monday of every month. The
meeting starts at 700 p.m. and is held at Manvel
City Hall. The meetings are open to the public
and input is encouraged.Council members are
elected for three year terms, all positions are
at large.
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The Manvel City Council has six members, the
mayor serves on the council.
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City Council members are not compensated for
their service.Neither is the mayor.
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(No Transcript)
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Pearland City Council
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Heres text from the Pearland City Council Webpage
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The City of Pearland is governed by the
Council/Manager form of government in accordance
with the Home Rule Charter adopted by the voters
in February, 1971. The City Council is the
legislative and policy-making body of the city.
It consists of 5 members elected at-large for
3-year, staggered terms. Elections are held
annually on the second Saturday in May. The Mayor
and Council provide community leadership, develop
policies to guide the city in delivering services
and achieving community goals, and encourage
citizen awareness and involvement.
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Unless otherwise rescheduled, the City Council
meets on the second and fourth Mondays of each
month at 730 p.m. at City Hall. Meeting agendas
are posted to the city web site at least 72 hours
in advance of meetings.
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City Council members are paid 9,000 a year.
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The citys code of ordinances can be found here.
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Some detail from the code
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The Mayor presides over the city council, but can
only vote in case of a tie.
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The staggered elections work as follows In the
first election year after adoption of the
charter, two (2) councilmembers shall be elected
for positions 1 and 5. In the second election
year after adoption of this charter, the mayor
and one (1) councilmember for position 3 shall be
elected. In the third election year after
adoption of this charter two (2) councilmembers
shall be elected for positions 2 and 4.
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Term Limits Councilmembers shall be limited to
two (2) full consecutive elected terms of office,
and there shall be no limitation on the office of
mayor.
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The powers of the council are spelled out in
Article 3, Section 3.07.
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Rules regarding the meetings of the city council
are contained in Article 3, Section 3.08.
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The councils rules of procedure are in Article
3, Section 3.09.
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The procedures for passing ordinances or
resolutions are in Article 3, Section 3.10.
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(No Transcript)
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Houston City Council
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A description of the Houston City Council from
its websiteThe City Council is the City's
legislative body, with the power to enact and
enforce all ordinances and resolutions. Eleven
Council Members are elected from districts and
five are elected at-large, by all voters of the
City. The sixteen members of Council, along with
the Mayor, act only by ordinance, resolution or
motion. They adopt and may alter the annual
budget and confirm the Mayor's appointments.
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Council is responsible for the appropriation and
issuance of bonds, the awarding of contracts and
the approval of City expenditures over 50,000.
Council may lease or dispose of the City's real
estate and may levy assessments against property.
Council determines its own rules of procedure,
and its meetings are open to the public.
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The Houston City Council has its own Wikipedia
Page.
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Heres a link to Pew Center report contrasting
the city councils of major cities along a variety
of criteria.
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The Houston City Council is run with the help of
an administrative staffAdministrative Office
of City Council
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The design of the City Council is contained in
Article V of the Houston Code of Ordinances.The
details of the power of the City Council are
found in Article VII of the Houston Code of
Ordinances.
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A few points
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The code does not state that Houston has a
strong-mayor system, but thats what it outlines.
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Section 2 of Article V lists the number of
members elected from single members districts and
those elected from at-large districts. Once
Houstons population surpassed 2,100,000, it had
11 single member districts and 5 at large.
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Section 3 of Article V grants to the City Council
the power to establish its own boundaries, with
the stipulation that it address any imbalance
that develops.
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Section 4 outlines the qualifications for office.
In addition to being a qualified voter and a
resident of the city, and have resided in the
district they wish to represent to at least 12
months.
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Section 5 states that City General Elections
shall be held on the first Tuesday after the
first Monday in November of every odd-numbered
year or such other day as may be prescribed by
the general laws of the State of Texas.The
fact that these elections are held on odd
numbered years means that turnout for city
elections tend to be very low.
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Section 6 states what one has to do to file for
office. It incudes filing a sworn application at
least 30 days prior to the election and paying a
500 filing fee.
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Term Limits are discussed in Section 6a No
person, who has already served two full terms,
shall be eligible to file for that same office.
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Article VII of the Code details how the council
does business.
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Section 1 of Article VII states that City Council
members shall receive a compensation which was
originally set at 3,600.
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They are now paid 56,000.Click here for a
comparison with area council members.
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City Council member are expected to serve full
time, but the code of ordinances states they
shall not be required to devote their full time
to the duties of their offices.
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Section 3 describes how meetings are to be
conducted.
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The remaining sections outline miscellaneous
aspects of the power of the council.