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Council discusses forming charter committee and hires attorney to review city charter

January 07, 2025 | Elgin, Bastrop County, Texas


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Council discusses forming charter committee and hires attorney to review city charter
The Elgin City Council discussed whether to form a charter committee to review and propose amendments to the city charter and accepted guidance from a municipal attorney on the legal process and timing.

Attorney Charlie Zeck told the council that a charter committee is not required by statute but is commonly used. He recommended a stakeholder committee of five to nine members (nine or fewer preferred) and said council members should generally not sit on that committee. Zeck outlined statutory procedures in the Texas Local Government Code (chapter 9, including sections 9.04, 9.05, 9.07 and 9.08), described petition and council-initiated paths to the ballot, and explained deadlines for ordering elections (May vs. November). He advised the council that charter amendments must be single-subject propositions and that the city must publish a fiscal-impact estimate when placing charter amendments on the ballot.

Zeck estimated his legal review of the city charter (last amended in 1986, per the presentation) would cost about $10,000 to $18,000. He said a comprehensive review and committee process begun now could produce ballot items for the November uniform election date; it would not be feasible to complete a citizen committee and legal review in time for a May election. He recommended the council give a clear charge to the committee (general review or specific topics such as term limits or council size) and set a deadline for committee work. He also explained that if a valid petition for charter amendment is filed in time for a ballot, council-initiated amendments could be placed on the same ballot but cautioned that any approved charter amendment prevents further charter amendments for two years.

Council members discussed appointment logistics, whether charter reviews should be periodic, and whether the council or petitioners should initiate amendments. After the presentation the council directed staff to place agenda items on the next meeting for (1) legal review by the attorney already engaged and (2) appointments and charge language for a charter committee. Zeck said he had an agreement to assist and would perform the legal review if the council directed him to do so.

Council members and staff did not finalize committee appointees at the meeting; the city manager and city secretary will prepare agenda items for the next meeting so council members can name appointees and specify the committee charge. Zeck emphasized that a charter should set the city’s governing backbone and not be used for frequent policy direction, and he advised caution about mandatory periodic charter reviews in the charter itself.

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