Charter Review Commission Meeting

CHARTER REVIEW COMMISSION Municipal Building Multi-Purpose Room 201 West Gray Norman, Oklahoma Monday, December 2, 2019 5:30 p.m. 1. Call to Order and Roll Call 2. Consideration of approval of the Charter Review Commission meeting minutes of November 4, 2019. 3. Discussion regarding adding language to the Charter to establish a Resident or Community Bill of Rights. 4. Discussion regarding adding language to the Charter related to requiring a vote of the electorate for approval of a Tax Increment Finance District over $5,000,000. 5. Miscellaneous Discussion. 6. Adjournment. It is the policy of the City of Norman that no person or groups of persons shall on the grounds of race, color, religion, ancestry, national origin, age, place of birth, sex, sexual orientation, gender identity or expression, familial status, marital status, including marriage to a person of the same sex, disability, retaliation, or genetic information, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination in employment activities or in all programs, services, or activities administered by the City, its recipients, sub- recipients, and contractors. In the event of any comments, complaints, modifications, accommodations, alternative formats, and auxiliary aids and services regarding accessibility or inclusion, please contact the ADA Technician at 405-366-5424, Relay Service: 711. To better serve you, five (5) business days’ advance notice is preferred. ITEM 2 MINUTES  CHARTER REVIEW COMMISSION MINUTES November 4, 2019 The Charter Review Commission met at 5:34 p.m. in the Municipal Building Multi-Purpose Room on the 4th day of November 2019, and notice and agenda of the meeting were posted in the Municipal Building at 201 West Gray and the Norman Public Library at 225 North Webster 48 hours prior to the beginning of the meeting. Item 1. Call to Order and Roll Call. PRESENT: Mr. Trey Bates Mr. Doug Cubberley, Vice-Chairman Ms. Carol Dillingham Mr. Jim Griffith Mr. Greg Jungman Mr. Kenneth McBride Mr. Kevin Pipes Mr. Richard Stawicki Mr. Bob Thompson, Chairman Mr. Bryan Vinyard Ms. Shon Williamson-Jennings ABSENT: Ms. Aisha Ali Mr. Jim Eller Mr. Tom Hackelman STAFF PRESENT: Ms. Kathryn Walker, Interim City Attorney Ms. Brenda Hall, City Clerk Item 2. Consideration of approval of the Charter Review Commission meeting minutes of October 14, 2019. Member Williamson-Jennings moved that the minutes be approved, which motion was duly seconded by Member Pipes, and the minutes were approved. Items submitted for the record 1. Charter Revision Ad Hoc Committee minutes of October 14, 2019 and the question being upon approval of the minutes and upon the subsequent directive, a vote was taken with the following result: Charter Review Commission Minutes November 4, 2019 Page 2 of 5 Item 2, continued: YEAS: Members Bates, Cubberley, Dillingham, Griffith, Jungman, McBride, Pipes, Stawicki, Vinyard, Williamson-Jennings, Chairman Thompson NAYES: None Chairman Thompson declared the motion carried and the minutes approved; and the filing thereof was directed. * Item 3. Continued discussion and possible action of Article II, Sections 2, 5, 6, and 14, of the City Charter to consider whether the term of office for Councilmembers and the Mayor should be changed from two years to three years. Ms. Walker said during the last meeting, Member Bates requested this issue be revised in order for Staff to prepare language for three year terms for elected officials, with odd-number ward elections continuing to occur together in the same year, even-numbered ward election occurring the next year together, and the Mayoral election occurring every third year as a standalone election. She said Staff prepared a chart. She said to achieve this without affecting current terms, the language is drafted to begin in 2023 as follows: Current Term New Term Odd Wards July 2, 2019 – July 7, 2021 2023 – 2026 (Tuesday following election July 7, 2021 – 2023 results) Even Wards July 3, 2019 – July 7, 2020 2024 – 2027 (Tuesday following election July 7, 2020 – July 5, 2020 results) July 5, 2022 – 2024 Mayor July 2, 2019 – July 5, 2022 July 5, 2022 – 2025 (Tuesday following election results) Charter Review Commission Minutes November 4, 2019 Page 3 of 5 Item 3, continued: Member Bates said the current timing sometimes does not allow a sitting Councilmember to run for Mayor without losing their seat, whereas other Councilmembers can run without giving up their seat. He is trying to make it more equitable for all Councilmembers. He said almost all elections for higher offices occur on even years and changing the terms would allow for better time management if running for a higher office. He said the Mayor has a leadership role that is different from the rest of Council, but when it comes down to their ability to be involved and understand the issues there is really no difference in decision making power. He would not want to shorten the Mayor’s term, but adding one extra year to the term of the Councilmembers will give them more time to be involved and understand the issues they are voting on. Member Stawicki said the Mayor does a lot more City activities outside of Council meetings than other members of Council, which means they are only equal in terms of their vote on Council. He suggested creating nine (9) wards which would be one-third of the Council each year being elected each year and the Mayor would not vote at the Council meetings. Member Pipes said if the Mayor does not vote then a big chunk of accountability is gone. Member McBride said he supports three year terms for each member of Council including the Mayor and Member Pipes agreed. Member Dillingham said she was not excited about three year terms because of the loss of engagement with the voters. She said the City is known for its engagement with voters and complacency may creep in with a three year term. She said it is critical to stay in touch with constituents because the demographics do change and it is Council’s responsibility to understand what voters are thinking and it puts more pressure on the Councilmember to make sure they have ward meetings or other types of communication. She said face to face communication is important and the best way to do that is keeping Councilmembers engaged is to keep the two year terms. Member Williamson-Jennings agreed and said two year terms keep representatives accountable and engaged with constituents wants from their representatives. Councilmember Stawicki asked if any other cities separate Mayor and Council elections as Ms. Walker said she would research that for the Committee. Member Griffith and Member Jungman support two year terms for Councilmembers. Member Cubberley said he supports three year terms because it takes time to build relationships and get things done. He said larger City issues can take over a year of Committee and/or Council discussion before making it to Council for a vote so an extra year can make a big difference. He said three years is really not that long and Councilmembers can always be responsive to constituents. Charter Review Commission Minutes November 4, 2019 Page 4 of 5 Item 3, continued: Member Bates said there is an interesting dynamic in a Mayoral race that could potentially be heavily influenced by the fact that there are four wards up for election at the same time. He said by separating the Mayor and Council races it makes it very clear to the public what type of race will be taking place. Chairman Thompson said issues the Council was working on when he was sworn in as a Councilmember were not the same issues candidates running for office were talking about in the ward races. He voted on issues Council had been discussing for a very long time that he was uneducated about. He said when Council turns over quickly it lacks consistency of knowledge. He said it takes time to get new Councilmembers “up to speed” and new Councilmembers may not agree with the direction current seated Councilmembers are going. Member McBride moved that the proposal to change the term of office for Councilmembers and the Mayor from two to three years be approved, which motion was duly seconded by Member Cubberley, Items submitted for the record 1. Proposed Article II, Section 2 – Mayor and Councilmember’s Term Expiration and the question being upon approving the proposal to change the term of office for Councilmembers and the Mayor from two to three years a vote was taken with the following result: YEAS: Members Bates, Cubberley, Griffith, McBride, Pipes, Chairman Thompson NAYES: Members Dillingham, Jungman, Stawicki, Williamson-Jennings, Vinyard Chairman Thompson declared the motion carried the proposal term of office for Councilmember and the Mayor from two to three years was approved. * Item 4. Discussion of Article II, Section 11, to consider whether to allow partisan elections for municipal office. Member Cubberley said City items are more issue focused than party focused. Member Dillingham said it makes it so much easier to knock on a door, answer the phone, and answer an email when you are focusing on the issue and talking about the roads, water, stormwater, etc. Member Pipes felt the City should stay status quo on this issue. Charter Review Commission Minutes November 4, 2019 Page 5 of 5 Item 4, continued: Member McBride moved to decline the proposal to allow partisan elections for municipal office, which motion was duly seconded by Member Dillingham, Items submitted for the record 1. Article II, Section 11 – Partisan Elections 2. Cities 101 - - Partisan and Non-Partisan Elections and the question being upon declining the proposal to allow partisan elections for municipal office, a vote was taken with the following result: YEAS: Members Bates, Cubberley, Dillingham, Griffith, Jungman, McBride, Pipes, Stawicki, Vinyard, Williamson-Jennings, Chairman Thompson NAYES: None Chairman Thompson declared the motion carried the proposal to allow partisan election for municipal office was declined. * Item 5. Miscellaneous Discussion. Ms. Brenda Hall, City Clerk, said future topics include Utility increases requiring a vote of the people; Residents Bill of Rights; revisit relationship between Norman Regional Hospital System and the City; and Tax Increment Finance District (TIF) requirement for a vote of the people if $5 million or over; potential loopholes used to skirt the Open Meetings Act; review Council succession revisions; and review Executive Session restrictions and provide recommendations of appropriate limits of use. Chairman Thompson asked member if the meetings should be limited to one item at a time and members felt several items could be discussed as long as there is consensus to move forward; however, larger issues might need more than one meeting. Topics for the December meetings include the Citizen Bill of Rights and TIF. * Item 6. ADJOURNMENT. Chairman Thompson declared the meeting adjourned at 6:20 p.m.  ITEM 3 RESIDENT OR COMMUNITY BILL OF RIGHTS  CHARTER REVIEW COMMISSION Article ___, Section ___ – City of Norman Community Bill of Rights. Background: No past CRC has considered adding a Community Bill of Rights (“CBOR”) to the Charter. Resolution No. R-1819-66 called for the 2019 CRC to consider adding language to the Charter to establish a CBOR. Currently, no Oklahoma cities have a CBOR. Other cities across the United States have adopted or have tried to adopt CBOR ordinances or charter amendments. CBORs are declarations of community self-government often motivated by concerns related to fracking, pollution, water protection, ecological preservation, and sustainable energy. The Community Environmental Legal Defense Fund (“CELDF”) indicates that CBORs often contain the following: (1) A preamble, (2) a definitions section, (3) a section enumerating specific rights, (4) a section identifying and prohibiting the rights-violating activities, (5) an enforcement section, (6) a section preserving certain corporate powers, (7) a section voiding past permits that allowed the rights-violating activities, (8) a section calling for federal and state constitutional recognition and enforcement of the rights of community self-government, (9) a severability section, and (10) a repealer section that repeals prior local laws in conflict with the CBOR. The CBORs cited in the attached chart largely conform to the CELDF’s suggested format except for minor deviations. CBORs differ greatly in their legislative measures. Some CBORs are simply declarations of local self-government and rights to a clean environment, while others ban activity outright and impose strict penalties. Attached is a chart comparing three CBORs, which each employ different degrees of legislative measures to accomplish their goals. The Community Rights US group (www.communityrights.us) is a pro-community rights group with information related to similar efforts across the county. An article written about the community rights movement is also attached for your review.  Community Bill of Rights Comparison Table City Citation Focus Prohibitions Penalties Norman N/A N/A N/A N/A Lafayette, Chap. Lafayette’s CBOR is a declaration Lafayette’s CBOR Lafayette’s CBOR contains CO 43, Art. on climate concerns and local self- contains no bans on no specific penalties. IV, Sec. government. It reserves the right to harmful corporate or 43-51 defend the community’s rights to a governmental activity. healthy climate under Lafayette’s local powers. Mendocino Chapter Mendocino County’s CBOR Mendocino County’s Civil and criminal liability County, 8.05 of asserts rights to local self- CBOR prohibits falls on all officers and CA Mendo- government and interests in fracking, horizontal directors of corporations cino preserving clean water, air, and and directional engaged in fracking in County soil. drilling, and waste Mendocino County, and Code injection wells within people who operate fracking the county. machinery in Mendocino County. Violation of the CBOR is a misdemeanor. Penalties include up to one year in county jail and up to a ten thousand dollar fine for each violation. Probation is not available for offenders. Mansfield, Art. I, Mansfield’s CBOR asserts rights Mansfield’s charter Mansfield’s CBOR contains OH Sec. to local self-government, clean air, amendment prohibits no specific penalties, but 1.01-02 enjoyment of home, and injection, deposit, asserts right to redress in of sustainable energy. storing, or transporting courts. Charter of waste water, frack water, and/or other similar material or by- products through the City of Mansfield without the City’s written consent.  Text of Community Bills of Rights Cited in the Table Above Lafayette, CO ARTICLE IV. – Climate Bill of Rights. Sec. 43-51. - In general. (a) Right to a healthy climate. All residents and ecosystems of the city possess a right to a healthy climate and life sustaining resources, which shall include the right to be free from all activities within the city that interfere with that right, including the extraction of coal, oil, or gas, disposal of drilling waste contaminated drinking water, lethal carcinogens, toxic gases and other byproducts of industrial activity which threaten human physical and neurological systems. (b) Right to local, community self-government. All residents of the city possess the right to a form of governance which recognizes that all power is inherent in the people of the city, and that all free governments are founded on the people's authority and consent. Laws adopted by the people of the city shall only be preempted or nullified if they interfere with rights secured by the state or federal constitution to the people of the city, or if they interfere with protections provided to the people or ecosystems of the city by state, federal, or international law. (c) Right to defend. All residents of the city possess the right to defend this law. To secure this right, entities which violate the people's right to a healthy climate and sustainable ecosystem shall not be deemed to be "persons," nor possess any other legal rights, privileges, powers, or protections which would interfere with the enforcement of that right. (d) Right to defense. All residents of the city possess the right to have the city government defend this law on the basis that a constitutional right of local, community self-government exists, that this law is an assertion of that right as it seeks to expand the rights of the people of the city, and that the doctrines of ceiling preemption, municipal subordinancy to state government, or corporate "rights" unconstitutionally violate the right of the residents of the city to local, community self-government. Mendocino County, CA CHAPTER 8.05.-Community Bill of Rights. Sec. 8.05.010-Definitions (a) “Corporations,” for purposes of this Ordnance, shall include any corporation, limited partnership, limited liability partnership, business trust, other business entity, public benefit corporation, or limited liability company organized under the laws of any state of the United States or under the laws of any country. (b) “Ecosystem” shall include, but not be limited to, wetlands, creeks, aquifers, and other water systems, forests, and meadows, as well as naturally occurring habitats that sustain humans, wildlife, flora and fauna, and other organisms.  Text of Community Bills of Rights Cited in the Table Above (c) “Extraction” shall include the digging or drilling of a well for the purposes of exploring for, developing, or producing hydrocarbons. (d) “Hydraulic fracturing” shall mean an activity in which water, propane, diesel, chemicals and a solid proppant or any other agent are pumped into a wellbore at a rate sufficient to increase the pressure downhole to a value in excess of the fracture gradient of the formation rock, causing the formation to crack, thus allowing the fracturing fluid to enter and extend the crack farther into the formation, forming passages through which hydrocarbons can flow. (e) “Hydrocarbons” shall mean any of numerous organic compounds, including but not limited to methane, benzene, propane, petroleum and oil. (f) “Infrastructure” shall include, but not be limited to, pipelines or other vehicles of conveyance of hydrocarbons, and any ponds or other containments used for wastewater, “frack” water, or other materials used during, or resulting from, the process of unconventional hydrocarbon extraction. (g) “Natural Community” shall mean wildlife, flora, fauna, soil and air-dwelling and aquatic organisms, as well as humans and human communities that have established sustainable interdependencies within a diverse matrix of organisms, within a natural ecosystem. (h) “Unconventional Extraction of Hydrocarbons” shall include, but not be limited to, hydraulic fracturing, “fracking,” directional and horizontal drilling, and waste injection wells. The term shall also include, but not be limited to, extraction of water from any surface or subsurface source for use in these activities; depositing, disposal, storing, transporting and processing of waste water, produced water, frack water, flow-back, brine or other materials, chemicals or by- products used in, or resulting from, these activities; the construction and siting of any new infrastructure to support these activities, as well as application for, or issuance of, permits for engaging in these activities. Sec. 8.05.020-Statements of Law — A Local Bill of Rights (a) Right to Community Self-Government. All residents of Mendocino County possess the right to a form of governance where they live which recognizes that all power is inherent in the people and that all free governments are founded on the people’s consent. Use of the Mendocino County government by the sovereign people to make law and policy shall not be deemed, by any authority, to eliminate or reduce that self-governing authority. (b) Right to Clean Water, Air and Soil. All residents, natural communities and ecosystems in Mendocino County possess the right to water, air and soil that is untainted by toxins, carcinogens, particulates, nucleotides, and hydrocarbons introduced into the environment through the unconventional extraction of hydrocarbons. (c) Rights of Natural Communities and Ecosystems. Natural communities and ecosystems possess rights to exist and flourish within Mendocino County without harm resulting from the unconventional extraction of hydrocarbons.  Text of Community Bills of Rights Cited in the Table Above (d) Right to be Free from Chemical Trespass. All residents, natural communities and ecosystems in Mendocino County possess the right to be free from chemical trespass resulting from the unconventional extraction of hydrocarbons. (e) Rights as Self-Executing, Fundamental, and Unalienable. All rights delineated and secured by this Ordinance are inherent, fundamental, and unalienable; and shall be self-executing and enforceable against both private and public actors. Sec. 8.05.030--Statements of Law — Prohibitions Necessary to Secure the Bill of Rights (a) It shall be unlawful for any government, corporation or natural person to engage in the unconventional extraction of hydrocarbons within Mendocino County. (b) The prohibitions in section 3(a) of this Ordinance shall not apply to hydrocarbon extraction wells installed and operating in the County prior to the enactment of this Ordinance, only if the extraction process used for those wells prior to the enactment of this ordinance is not changed to a different extraction process after the enactment of this ordinance. (c) Governments, corporations, and natural persons engaged in unconventional extraction of hydrocarbons, whether in Mendocino County or in a neighboring jurisdiction or offshore location; shall be strictly liable for all harms resulting from those activities caused to natural water sources, ecosystems, people and communities within Mendocino County. (d) It shall be unlawful for any corporation, government or natural person to violate the rights recognized and secured by this Ordinance. (e) No permit, license, privilege, charter, or other authority issued by any State, federal or international entity which would violate the prohibitions of this Ordinance or deprive any County resident of any rights secured by this Ordinance, the California Constitution, the United States Constitution, or other laws, shall be deemed valid within Mendocino County. Sec. 8.05.040--Enforcement (a) Any corporation, government or natural person that violates any prohibition established by this Ordinance shall be guilty of a misdemeanor. Those liable for a violation are each and every officer and director of any corporation that engages in fracking in Mendocino County, and each and every person who operates any fracking machinery in Mendocino County. Upon conviction the violator(s) shall be sentenced to one year in county jail and shall pay a fine of $10,000 for each violation. Each time the pump is turned on, and each stroke of the pump shall be a separate violation, and violation of each section of this Ordinance shall count as a separate violation. Each day that fracking infrastructure equipment is staged or located in Mendocino County for more than 8 hours, whether or not that equipment is actually used for fracking, and each separate location in Mendocino County where such equipment is situated, is a separate violation. The court shall not authorize probation for any person convicted of any portion of this ordinance, under any circumstance. (b) The County, or any resident of the County, may enforce the rights and prohibitions of this Ordinance through an action brought in any court possessing jurisdiction over activities  Text of Community Bills of Rights Cited in the Table Above occurring within the County. In such an action, the County or the resident shall be entitled to recover all costs of litigation, including, without limitation, expert and attorney’s fees. (c) Any action brought by either a resident of the County or by the County to enforce or defend the rights of ecosystems or natural communities secured by this Ordinance shall bring that action in the name of the ecosystem or natural community in a court possessing jurisdiction over activities occurring within the County. Damages shall be measured by the cost of restoring the ecosystem or natural community to its state before the injury, and shall be paid to the County to be used exclusively for the full and complete restoration of the ecosystem or natural community. Sec. 8.05.050-Enforcement Ñ People’s Rights to Superior to Corporate Power (a) Corporations which violate or seek to violate this Ordinance, or which are alleged to have violated this Ordinance, shall not be deemed to be “persons,” nor possess any other legal rights, privileges, powers, or protections which would interfere with the rights or prohibitions enumerated by this Ordinance. “Rights, privileges, powers, or protections” shall include the power to assert state, federal or international preemptive laws in an attempt to overturn this Ordinance, and the power to assert that the people of this municipality lack the authority to adopt this Ordinance. (b) All laws adopted by the legislature of the State of California, and rules adopted by any State agency, shall be the law of Mendocino County only to the extent that they do not violate the rights or prohibitions of this Ordinance. Sec. . 8.05.060--Effective Date and Existing Permit holders This Ordinance shall be effective immediately on the date of its enactment, at which point the Ordinance shall apply to any and all actions that would violate this Ordinance regardless of the date of any applicable permit. Sec. 8.05.070--People’s Right to Self-Government Use of the courts or the legislature by any government, corporation or natural person to attempt to overturn the provisions of this Ordinance shall require the County to schedule community meetings focused on changes to County government that would secure the rights of the people to local self-government. Sec. 8.05.080-California and Federal Constitutional Changes Through the adoption of this Ordinance, the people of the County call for amendment of the California Constitution and the federal Constitution to recognize the right to local self- government free from governmental preemption and or nullification by corporate “rights” when local laws expand and are more protective of the rights of individuals, the community and nature. Section. . 8.05.090 --Severability The provisions of this Ordinance are severable. If any court decides that any section, clause, sentence, part, or provision of this Ordinance is illegal, invalid, or unconstitutional, such decision  Text of Community Bills of Rights Cited in the Table Above shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts, or provisions of the Ordinance. Mansfield, OH Art. I, Sec. 1.03of Charter Section 1.03. Bill of Rights The rights of the citizens of the "home rule" municipality of the City of Mansfield and the corporate City of Mansfield are derived and flow directly by and from the Ohio Constitution and its "Bill of Rights ," and are secured by the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States. These rights include, but are not limited to, the Ohio Constitution's proclamation that: "§ 1.01 Inalienable Rights (1851) All men are, by nature, free and independent, and have certain inalienable rights , among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety." and "§ 1.16 Redress in courts (1851, amended 1912) All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and shall have justice administered without denial or delay. [Suits against the state.] Suits may be brought against the state, in such courts and in such manner, as may be provided by law. (As amended September 3, 1912.)" and "§ 1.19b Property rights in ground water, lakes, and other watercourses [including but not limited to] (E) Ground water underlying privately owned land and nonnavigable waters located on or flowing through privately owned land shall not be held in trust by any governmental body. The state, and a political subdivision to the extent authorized by state law, may provide for the regulation of such waters. An owner of land voluntarily may convey to a governmental body the owner's property interest held in the ground water underlying the land or nonnavigable waters located on or flowing through the land." and  Text of Community Bills of Rights Cited in the Table Above "§ 1.02 Right to alter, reform, or abolish government, and repeal special privileges (1851) All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the general assembly." IT IS FURTHER HEREBY PROCLAIMED BY THE HOME RULE MUNICIPALITY OF THE CITY OF MANSFIELD AND FOR THE PROTECTION OF ITSELF AND ITS CITIZENS AND FUTURE GENERATIONS, THAT EACH AND ALL SHALL POSSESS THE FOLLOWING INALIENABLE RIGHTS : (A) Right to Sustainable Water. All residents, natural communities and ecosystems in the City of Mansfield possess a fundamental and inalienable right to sustainably access, use, consume, and preserve water drawn from natural water cycles that provide water necessary to sustain life within the City. (B) Right to Clean Air. All residents, natural communities and ecosystems in the City of Mansfield possess a fundamental and inalienable right to breathe air untainted by toxins, carcinogens, particulates and other substances known to cause harm to health. (C) Right to Peaceful Enjoyment of Home. Residents of the City of Mansfield possess a fundamental and inalienable right to the peaceful enjoyment of their homes, free from interference, intrusion, nuisances or impediments to access and occupation. (D) Right to a Sustainable Energy Future. All residents in the City of Mansfield possess a right to a sustainable energy future, which includes, but is not limited to, the development, production, and use of energy from renewable fuel sources, including, but not limited to, water and air. (E) Right to Self-Government. All residents of the City of Mansfield possess the fundamental and inalienable right to a form of governance where they live which recognizes that all power is inherent in the people, that all free governments are founded on the people's authority and consent, and that corporate or other entities and their directors and managers shall not enjoy special privileges or powers under the law which make municipal community majorities subordinate to them. (F) People as Sovereign. The City of Mansfield shall be the governing authority responsible to, and governed by, the residents of the City. Use of the "City of Mansfield" municipal corporation by the sovereign people of the City to make law shall not be construed to limit or surrender the sovereign authority or immunities of the people to a municipal corporation that is subordinate to them in all respects at all times. The people at all times enjoy and retain an inalienable and indefeasible right to self-governance in the community where they reside. (G) Rights as Self-Executing. All rights delineated and secured by this Charter shall be self- executing and these rights shall be enforceable against corporations and governmental entities.  Text of Community Bills of Rights Cited in the Table Above (H) Securing and Protecting Rights . To further secure and protect the rights enumerated by the aforementioned Bill of Rights : (1) It shall be unlawful for any person or corporation, or any director, officer, owner, or manager of a corporation or state government or any entity to use a corporation or state government or entity, to inject, deposit, store or transport waste water, "produced" water, "frack" water, brine or other materials, chemicals or by-products from the development of natural gas from shale formations, within, upon or through the land, air or waters of the City of Mansfield, without the written legislative consent of the City of Mansfield. (2) No permit, license, privilege or charter issued by any State or state government agency, Commission or Board to any person or any corporation or state government or any entity operating under State laws, or any director, officer, owner, or manager of a corporation or state government or any entity operating under State laws, which would violate the prohibitions of this Charter provision or deprive any City resident(s), of any rights , privileges, or immunities secured by this Charter, the Ohio Constitution, the United States Constitution, or other laws, shall be deemed valid within the City of Mansfield, without the written legislative consent of the City of Mansfield. (3) The provisions of this section are severable. If any court of competent jurisdiction decides that any sub-section, clause, sentence, part, or provision of this section is illegal, invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining sub-sections, clauses, sentences, parts, or provisions of this Bill of Rights and its prohibitions. The People of the City of Mansfield hereby declare that in the event of such a decision, and the determination that the court's ruling is legitimate, they would have enacted this amendment even without the sub-section, clause, sentence, part, or provision that the court decides is illegal, invalid, or unconstitutional. All inconsistent provisions of prior Ordinances and zoning Ordinances adopted at any time by the City of Mansfield are hereby held in abeyance, but shall take immediate effect in the event this Bill of Rights and its protective prohibitions are overturned, rejected, or held unlawful.  ITEM 4 TAX INCREMENT FINANCE DISTRICTS  CHARTER REVIEW COMMISSION Article ___, Section ___ – Voter Approval Required for Tax Increment Finance Districts over $5,000,000. Background: No past CRC has considered requiring voter approval of any Tax Increment Finance (“TIF”) District. Resolution No. R-1819-66 called for the 2019 CRC to consider adding language to the Charter requiring a vote of the electorate for approval of a Tax Increment Finance District over $5,000,000. Cities are authorized to create TIF districts by the Local Development Act, which was adopted by the State Legislature in 1992. TIF Districts allow cities to use revenue growth generated in a district to fund certain improvements. Over the years, the City has created three TIF Districts – the Campus Corner TIF, the University North Park TIF, and the Center City TIF. The Campus Corner TIF authorized project costs in the amount of $1.25 million for lighting, security systems, landscaping, sidewalks, etc. and was funded with growth in revenue from ad valorem and sales taxes. The University North Park TIF authorized project costs in the amount of $54.725 million to fund costs associated with traffic and roadway improvements, economic development, Legacy Park, a conference center and cultural facility, and Lifestyle Center. It was funded with a portion of the growth in sales tax and ad valorem tax revenue generated within the district. Most recently, Council created the Center City TIF, which uses growth in ad valorem revenue to fund up to $44.5 million in primarily public infrastructure improvements that make redevelopment more costly and more difficult. In order to create a TIF district under the Local Development Act, the area proposed for inclusion must first be eligible under the Act. Then a Project Plan must be developed which is required to be reviewed by a committee made up of representatives of the taxing jurisdictions and three community members. Once the review committee makes a recommendation on the Project Plan, the Planning Commission must review and make a recommendation. Finally, the City Council must hold two public hearings prior to adoption of the plan. The proposal before the CRC is to consider whether a vote of the public must also be required prior to creating a TIF district with authorized project costs exceeding $5 million. Proposed Language: There is no proposed language at this time.  Tax Increment Finance District Approval Comparative Table City Voter Approval for Tax Voter Approval for TIF Other TIF Related Language in Increase Required Districts Required Code or Charter Norman Yes No N/A (Current) Stillwater Yes No N/A Oklahoma City Yes No Chap. 52, Art. VII, § 52-261 “Any ad valorem increment district created by the City [ ], or any amendment(s) to any such increment district, shall require the approval of a majority of the ad valorem taxing entities located within the boundaries of the [increment] district.” Chap. 38, Art. VII, Div. 1, § 38-488 “It is the policy of the City that all future special sales tax documents, bond resolutions and Tax Increment Financing documents shall include a provision for one percent for art.” Edmond Yes No N/A Midwest City Yes No N/A Lawton Yes No Chap. 10, Art. 10-15 is Lawton’s Tax Increment Financing Ordinance. It outlines the policy behind Lawton’s TIF plan, creates TIF districts, and describes how taxes are apportioned, determined, and used.  CHARTER REVIEW COMMISSION December 2, 2019 Article II, Section 2 – Mayor and Councilmember’s Term Expiration. Background: Prior to 2003, the terms of the Mayor and Councilmembers expired “at the time fixed for the last regular meeting of the Council in April”. In 2003, voters approved the current language that sets the expiration of mayoral and councilmember terms on the first Tuesday of July. A chart comparing Norman’s current term expiration date with other cities’ term expiration date was provided to the CRC at its August 12, 2019 meeting. The Committee discussed the potential for a lengthy period of time between election and officially seating the newly elected member and expressed a desire to reduce this time. The Committee liked the approach used in Stillwater, where seating newly elected officials is tied to the certification of the election results. During the September meeting, the CRC reviewed proposed language and expressed concerns about the term of office not being exactly two years as set forth in the existing Charter language. Option 1 below has been modified to reflect a two-year cycle for Councilmember elections and a three-year cycle for Mayoral elections. During the October meeting, Member Bates requested that this issue be revisited in order for Staff to prepare language for three year terms for all elected officials, with odd- number ward elections continuing to occur together in the same year, even-numbered ward elections occurring the next year year together, and the Mayoral election occurring every third year as a standalone election. To achieve this without affecting current terms, the language is drafted to begin in 2023 as shown on the chart below. Current Term New Term Odd Wards July 2, 2019 – July 7, 2021 2023 – 2026 (Tuesday following July 7, 2021 – 2023 election results) (Tuesday following election results) Even Wards July 3, 2018 - July 7, 2020 2024 – 2027 (Tuesday following election results) July 7, 2020 – July 5, 2022 July 5, 2022 – 2024 (Tuesday following election results)  Mayor July 2, 2019 – July 5, 2022 July 5, 2022 – 2025 (Tuesday following election results) On November 4, 2019, the CRC voted 6-5 to move forward with three year terms for all members of Council. Language adopted by the CRC: Section 2. - Term of office. The term of Councilmembers shall be for a period of two years. Beginning with the 2023 elections, elections for Councilmembers shall occur every three years, with the odd- numbered ward elections occurring in 2023 and every three years thereafter, the even- numbered ward elections occurring in 2024 and every three years thereafter. The terms of Councilmembers chosen to represent Council wards two (2), four (4), six (6), and eight (8) shall expire begin on the first Tuesday of July of the next even numbered year after their election. Beginning in 2024 and every third year thereafter, the terms of Councilmembers chosen to represent such wards shall begin at six-thirty in the evening (6:30pm) on the first Tuesday following certification of the election results by the election board secretary. The term of Councilmembers chosen to represent Council wards one (1), three (3), five (5), and seven (7) shall expirebegin on the first Tuesday of July of the next odd numbered year after their election. Beginning in 2023 and every third year thereafter, the terms of Councilmembers chosen to represent such wards shall begin at six-thirty in the evening (6:30pm) on the first Tuesday following certification of the election results by the election board secretary. Each elected officer shall continue to hold and to perform the duties of his office until his successor is elected and qualified, unless he is removed or forfeits his office under other provisions of this Charter. The term of office of the Mayor elected at regular elections, Elections for Mayor shall be occur every three (3) years. The term of the Mayor shall expire begin on the first Tuesday of July and each three (3) years thereafter. Beginning with the 2025 election, and every third year thereafter, the term of the Mayor shall begin at six-thirty in the evening (6:30pm) on the first Tuesday following certification of the election results by the election board secretary.