HomeMy WebLinkAbout95 1109 min (2) MINUTES
CITY COUNCIL MEETING
City of Plainview
November 9, 1995
The Plainview City Council held a Special Meeting on November 9, 1995, at the Plainview
Country Club, 2902 West 4th Street, Plainview, Texas, at 11:30 a.m.
OPEN MEETING
1. Call to Order. Mayor Lloyd C. Woods called the meeting to order. Councilmembers
present were: Alton Jackson Sr., Mary Virginia Kirchhoff, Rey Rosas, Mike Hutcherson,
Barbara Dorman, Dwain Dodson and Irene Favila.
Staff members present were: Jim Jeffers, Wally Hatch, Norman Huggins, Del Essary, Muff
London, Ches Carthel, John Castro, Barbara Sullivan, and Roy L. Osborne.
News media present: Richard Orr-Plainview Daily Herald; Steve Barrett-Lubbock Avalanche
Journal.
Guests present: John Peck, Daphne Hollingsworth, Bruce Rider, Paul Drager, Soila Reyes,
Bobby James, Tut Tawwater, Brandon Brownlee, Jimmy Holmes, Doc Potts, Ken Halbleib and
Mark Warren.
Ordinance No. 95-3064 - Canvass Election Returns of November 7, 1995. Declare
the outcome of the Charter Election.
City Attorney Wally Hatch informed the Council the City Charter approved at the November
7, 1995, election is not in effect until the City Council adopts it and the votes had to be
canvassed today and the election totals approved, as written in the ordinance. As noted in
Chapter 9 of the Local Government Code. Mr. Hatch thanked the City Council for providing
him with opinions of other attorneys. He noted he respectfully stands by his original opinion
and that the Charter would not go into effect until adopted by the Council, except for the
sections that address voting rights issues, which are subject to Justice Department approval. Mr.
Hatch noted the Justice Department will not issue advisory opinions. Mr. Hatch suggested the
Canvass of the election returns take place today and the actual adoption of the Charter take place
next Tuesday, in order to give the Council time to become comfortable with the process.
Councilmember Dodson objected to this and moved that the Charter be adopted as written. The
motion was duly seconded by Councilmember Kirchhoff. Councilmember Favila asked what
would happen if the Council chooses not to adopt the Charter. Mr. Hatch advised the
proponents of the Charter would probably take the City to court. Councilmember Dodson
emphasized the Justice Department will not look at the document until it is accepted by the City
Council. Councilmember Rosas suggested the Charter be adopted contingent upon Justice
1 of 2
Department approval. Mr. Hatch responded that he had asked the Justice Department if they
would look at the document under that condition and Justice Department had said, "No."
Councilmember Favila asked ff Justice Department was aware of the method the commission was
selected. Mr. Hatch stated he had spoken to the Secretary of State's office about the selection
method, but did not recall at this time if the Justice Department had been advised. Councilman
Dodson called for the question and the following vote was recorded: Councilmembers
Kirchhoff, Dodson and Dorman voted for approving the canvass of the votes and the adoption
of the Charter. Voting against the motion were Councilmembers Favila, Rosas and Jackson.
Councilmember Hutcherson abstained. Councilmember Dorman asked if the Mayor would ask
for the vote a second time, which he agreed to do. Councilmembers Dorman, Hutcherson and
Jackson abstained. Councilmembers Kirchhoff and Dodson voted for the ordinance.
Councilmembers Favila and Rosas voted against the ordinance. Mayor Woods, in breaking the
tie voted for the ordinance, therefore the canvass of the votes was approved and the Charter was
adopted.
Those who abstained from voting, noted they would like additional information before they cast
their vote and were in support waiting to adopt the Charter until Tuesday.
Ken Halbleib addressed the Council expressing concern that the Council would consider delaying
submission of the Charter to the Justice Department, after it had been approved by the voters.
John Peck, Chairman of the Charter Commission, told the Council he appreciated the difficult
position they were in and expressed appreciation for the action they took.
3. Adjourn - Mayor Woods adjourned the Special Session at 12:30 p.m.
Passed and approved on November 28, 1995.
ATTEST:
Lloyd C. Woods, Mayor
K~ren McBeth, City Secretary
2of2