Granite Shoals Texas, City of Parks Granite Shoals Texas, City of Parks


Granite Shoals
TEXAS


 


 

CHARTER OF THE CITY OF GRANITE SHOALS, TEXAS

10 May 2008

 

PREAMBLE

 

We, the citizens of the City of Granite Shoals, Texas, in order to establish a Home Rule municipal government, provide for the future growth and progress of our City, obtain more fully the benefits of local self-government and provide for the public welfare hereby adopt this charter, in accordance with the laws and statutes of the State of Texas; and we do hereby declare the residents of the City of Granite Shoals, Texas, in Burnet County, Texas living within the legally established boundaries of said City, to be a political subdivision of the State of Texas, incorporated in perpetuity under the name and style of “City of Granite Shoals” with such powers, rights, privileges, authorities, duties and immunities as are herein provided.

 

ARTICLE I - FORM OF GOVERNMENT AND BOUNDARIES

 

Section 1.01  Form of Government

The municipal government provided for by this Charter shall be known as the “Council-Manager” form of government. Pursuant to its provisions, and subject only to the limitations imposed by the Constitution, laws and statutes of the State of Texas and by this Charter, all powers of the City of Granite Shoals (hereinafter referred to as the City) shall be vested in an elected City Council (hereinafter referred to as the City Council) which shall enact local legislation, adopt budgets, determine policies and appoint a City Manager, who in turn, will be held responsible to the City Council for the execution of the laws and the administration of the government of the City. All powers of the City shall be exercised in the manner prescribed by this Charter, or if the manner not be prescribed, then in such manner as may be prescribed by ordinance or the Constitution, laws or statutes of the State of Texas.

 

Section 1.02     Boundaries

The inhabitants of the City, Burnet County, Texas, residing within its corporate limits, as heretofore or hereafter established, are hereby constituted and shall continue to be a municipal body politic and corporate, in perpetuity, under the name of the “City of Granite Shoals” with such powers, privileges, rights, duties, authorities and immunities as are herein provided, or as allowed by law.

 

Section 1.03     Extensions of Boundaries

The boundaries of the City may be enlarged and extended by the annexation of additional territory, irrespective of size and configuration, by the methods hereinafter set forth:

(1)  The City Council shall have the power by ordinance to fix the boundary limits of the City and to provide for the alteration and extension of said boundary limits and the annexation of additional territory, in any manner provided by law.

 

(2)  When any additional territory has been so annexed, the same shall be a part of the City and the property situated therein shall bear its pro rata part of the taxes levied by the City. The inhabitants thereof shall be entitled to all the rights and privileges of the other citizens of the City and shall be bound by the acts, ordinances, resolutions and regulations of the City.

 

Section 1.04     Contraction of Boundaries

Whenever, in the opinion of the City Council, there exists within the corporate limits of the City a territory not suitable or necessary for City purposes, the City Council may discontinue said territory as part of the City in accordance with state law.

 

ARTICLE II - POWERS OF THE CITY

 

Section 2.01  General Powers of the City

The City shall have all powers and rights of self-government and home rule that exist now or may be granted to municipalities by the Constitution and laws of the State of Texas, unless such power or right is expressly prohibited or restricted by this Charter.

 

Section 2.02  Public Improvements

The City shall have the power to, among others, construct and maintain, within or without its corporate limits, streets, flood control and sanitary facilities, water and storm drainage facilities in, over, under or upon all public property or easements granted for that purpose and to levy assessments for the costs of such improvements. The City shall have the power to collect attorney's fees for the collection of assessments in foreclosure cases as allowed under state law. It shall have the power to cause liens to be established for the purpose of securing the payment of such levies and shall have the power to compel the use of such improvements by the citizens of the City.

 

Section 2.03  Intergovernmental Relations

The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or any state civil division or agency, or the United States or any of its agencies.

 

Section 2.04 Miscellaneous Powers

The City shall have the power to, among others, establish and maintain ordinances and regulations governing the use of lands within the City and to enforce, by all lawful means, these ordinances and regulations, within its corporate limits and its extraterritorial jurisdiction, consistent with state law. The City shall have the power to authorize, regulate and inspect all construction and existing structures within its corporate limits and its extraterritorial jurisdiction, consistent with state law, and to establish and enforce ordinances and regulations concerning their use, construction and reconstruction. The City shall have the power to license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade in accordance with state law. The City shall have all powers granted by any section of this Charter.

 

ARTICLE III - CITY COUNCIL

 

Section 3.01  Composition

(1)   The “City Council” shall be composed of a “Mayor” and six (6) “Council Members” elected under the Place System, with there being Places 1, 2, 3, 4, 5 and 6. The Mayor and each Council Member shall be elected at large, and unless sooner removed under the provisions of this Charter, shall serve for a term of two (2) years and until their successor has been elected and duly qualified. The Mayor and all of the City Council holding office at the time of passage of this Charter shall continue to hold their respective office until their respective term of office for which they were elected expires.

(2)   Those Council Members whose terms expire in even-numbered years shall be Places 2, 4 and 6. Those Council Members whose terms expire in odd-numbered years shall be Places 1, 3 and 5. By ordinance, the City Council shall number the current places accordingly. Upon adoption of this Charter, the new Place, known as Place 5, shall be considered vacant and shall be filled by appointment in accordance with §3.05(5) of this Charter. The Mayor shall be elected in an odd-numbered year.

(3)   The Mayor and Council Members shall serve for no more than three (3) consecutive terms. Terms served as Council Member shall be considered separately from those served as Mayor; however, no person shall serve more than six (6) consecutive terms as Mayor and Council Member.

 

Section 3.02 Qualifications of City Council

In addition to any other qualifications prescribed by law, the Mayor and each Council Member shall meet the qualifications set forth in Article V of this Charter while in office.

 

Section 3.03     Compensation

Compensation of the City Council shall be determined by the City Council by ordinance, but no increase in such compensation shall take effect until commencement of the terms of Mayor and/or Council Members elected at the next general election, and unless ratified by a majority of the voters in the next regular city election. The City Council shall also be entitled to reimbursement for actual expenses incurred in the performance of official duties with the approval of the City Council at a public meeting.

 

Section 3.04     Mayor and Mayor Pro Tem     

(1)   The Mayor shall preside at meetings of the City Council and shall be recognized as head of the City government for all ceremonial purposes, and by the Governor for purposes of military law, but shall have no regular administrative duties. The Mayor may participate in the discussion of all matters coming before the City Council. The Mayor shall be entitled to vote as a member thereof on legislative or other matters, but shall have no power to veto. Any reference in this Charter to the City Council includes the office of Mayor.

 

(2)   The Mayor Pro Tem shall be a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Mayor Pro Tem shall act as Mayor during the disability, absence, or refusal of the Mayor and in this capacity, shall have all the rights conferred upon the Mayor; however, in this capacity, the Mayor Pro Tem shall only be entitled to one vote.

Section 3.05     Vacancies, Forfeiture and Filling of Vacancies

(1)   The office of a Council Member or the Mayor shall become vacant upon his/her death, resignation, forfeiture of, or removal from office by any manner authorized by law.

 

(2)   If any member of the City Council is absent from three (3) consecutive regular meetings, without explanation acceptable to a majority of the remaining Council Members, his/her office shall be declared vacant at the next regular meeting of the City Council by resolution.

 

(3)   Any person on the City Council who ceases to possess the required qualifications for office or who is convicted of a felony or of a misdemeanor involving moral turpitude or is convicted of violating any state laws regulating conflicts of interest of municipal officers shall forfeit his/her office. Every forfeiture shall be declared and enforced by the City Council.

 

(4)   If there is a vacancy in the office of Mayor, the Mayor Pro Tem shall become Mayor for the remainder of the term.

 

(5)   A vacancy in the City Council, other than that of the Mayor, shall be filled within thirty (30) days of the occurrence of the vacancy by an eighty (80%) percent vote of the remaining Council Members by selection of a person qualified for the position, as described in this Charter. This appointee shall serve until the next general or special election, as determined by the City Council at the time of the appointment. If the vacated position is that of Mayor Pro Tem, the City Council shall elect a new Mayor Pro Tem at the next regular meeting.

 

(6)   The City Council shall not have more than two (2) appointed Council Members at any one time. Thereafter, in the event of additional vacancies, the City Council shall order a special election, in compliance with the Texas Election Code and other state laws and regulations, within sixty (60) days of the last vacancy to elect the successor or successors to the additional office or offices vacated. Vacancies filled by special election shall be for the remainder of the term. In the event that a vacancy occurs within ninety (90) days prior to the next general election, no special election shall be called, leaving the seat vacant.

(7)  Notwithstanding the requirement that a quorum of the City Council consists of four (4) members, if, at any time, the membership of the City Council is reduced to less than four (4) members, the remaining members may, by majority action, appoint additional members to raise the membership to four (4). These appointees shall serve until the positions can be filled at the next general or special City election. All vacancies filled by election shall be for the remainder of the unexpired term(s) of the office so filled.

 

Section 3.06 Powers of the City Council

All powers of the City and the determination of all matters of policy shall be vested in the City Council. Except where in conflict with and otherwise expressly provided by this Charter, the City Council shall have all powers authorized to be exercised by the Constitution and laws of the United States and the State of Texas and the acts amendatory thereof and supplementary thereto, now or hereafter enacted. Without limitation of the foregoing and among the other powers that may be exercised by the City Council, the following are hereby enumerated for greater certainty:

(1)   Appoint and remove the City Manager;

 

(2)   Appoint and remove the Municipal Judge(s) of the Municipal Court;

 

(3)   Appoint and remove the City Attorney;

 

(4)   Appoint and remove the City Secretary;

 

(5)   Establish administrative departments;

 

(6)   Adopt the budget of the City;

 

(7)   Collectively inquire into the conduct of any office, department or agency of the City and make investigations as to municipal affairs;

 

(8)   Provide for a Planning and Zoning Commission and other boards as deemed necessary, and appoint the members of all such boards and commissions. Such boards and commissions shall have all powers and duties now or hereafter conferred and created by this Charter, by City ordinance or by law;

 

(9)   Adopt and modify the official map of the City;

 

(10) Adopt, modify and carry out plans in cooperation with the Planning and Zoning Commission for the replanning, improvement and redevelopment of specific areas of the City;

 

(11) Adopt, modify and carry out plans in cooperation with the Planning and Zoning Commission for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed, in whole or part, by disaster;

 

(12) Regulate, license and fix the charges or fares made by any person owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire on the public streets and alleys of the City;

 

(13) Provide for the establishment and designation of fire limits and prescribe the kind and character of buildings or structures or improvements to be erected therein; provide for the erection of fireproof buildings within certain limits; and provide for the condemnation of dangerous structures or buildings or dilapidated structures or buildings or structures or buildings calculated to increase the fire hazard, and the manner of their removal or destruction;

 

(14) Fix and regulate rates and charges of all utilities and public services and operate municipal utilities; and

 

(15) Adopt plats.

 

Section 3.07 Prohibitions

(1)   Except where authorized by law or by this Charter, no Mayor or Council Member shall hold any other City office or City employment during his/her term as Mayor or Council Member. No former Mayor or Council Member shall hold any compensated appointive office or City employment until one (1) year after the expiration of the term for which they were elected or appointed to the City Council.

 

(2)    Members of the City Council shall not in any way dictate the appointment or removal of the City administrative officers or employees whom the City Manager or any of the City Manager’s subordinates are empowered to appoint. The City Council, at a meeting called for that purpose, may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees.

 

(3)   Except for the purpose of inquiries and investigations as provided by this Charter, the City Council shall deal with City officers and employees, who are subject to the direction and supervision of the City Manager, solely through the City Manager. The City Council shall not give orders to any such officer or employee, either publicly or privately, except as otherwise provided in this Charter.

 

Section 3.08 Meeting of the City Council

(1)   The City Council shall hold at least one (1) regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings.

 

(2)   Special meetings of the City Council shall be held at the call of the Mayor or a majority of the City Council Members upon provision of public notice in accordance with state law.

 

(3)   Except as provided by state law, all City Council meetings shall be open to the public and shall be held and notice given in accordance with the Texas Open Meetings Act.

 

Section 3.09  Quorum

Four (4) Council Members, or three (3) Council Members and the Mayor shall constitute a quorum for the purpose of transacting business. No action of the City Council, except as specifically provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of a majority of the City Council present. A Council Member that is present but not voting shall be in attendance for purposes of the quorum.

Section 3.10 Conflict of Interest                                                                           

Should any member of the City Council have a conflict of interest, pursuant to any laws and/or City ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the City Council, the Council Member shall openly declare same before discussion proceeds, and the Council Member is thereby prohibited from discussing the item or voting on the question and is not considered as present and voting for the purposes of the tally.

Section 3.11 Abstentions

Should any member of the City Council choose to abstain from voting on any question before the City Council, where no conflict of interest exists, the person’s vote shall be recorded as a negative vote in the official minutes of the meeting. In a vote on a matter in which there is a conflict of interest, an abstention by a council member shall be recorded as an abstention and not as a negative vote.

Section 3.12 Rules of Procedure

The City Council shall, by ordinance or resolution, determine its own rules of order and business. The City Council shall provide that the citizens of the City shall have a reasonable opportunity to clearly hear and be heard at public hearings with regard to specific matters under consideration. The City Council shall provide for minutes to be taken and recorded for all public meetings as required by law. Such minutes shall be a public record and shall be kept and maintained by the City Secretary.

Section 3.13 Passage of Ordinances in General                                                       

(1)   The City Council shall legislate by ordinance only, and the enacting clause of every ordinance shall be "Be it ordained by the City Council of the City of Granite Shoals, Texas. . ."  Each proposed ordinance shall be introduced in the City Council only in written or printed form. No ordinance shall contain more than one (1) subject which shall be clearly expressed in its title. General appropriation ordinances may contain various subjects and accounts for which monies are to be appropriated.

 

After adoption, an ordinance shall not be amended or repealed except by the adoption of another ordinance amending or repealing the original ordinance. Copies of each proposed ordinance, in the form required for adoption, shall be furnished to the City Council. Copies of the proposed ordinance shall be available at the City offices and shall be furnished to citizens upon request to the City Secretary from and after the date on which such proposed ordinance is posted as an agenda item for a City Council meeting.

 

(2)   All persons interested in such ordinance shall have a reasonable opportunity to be heard.

 

(3)   Every ordinance shall become effective upon adoption or at any later time(s) specified in the ordinance, except that every ordinance imposing any penalty, fine or forfeiture shall become effective only after having been published twice in its entirety, summary form or the caption thereof after adoption, in a newspaper designated as the official newspaper of the City.

 

(4)   If a majority of the City Council present requests that the ordinance title and caption be read or that the ordinance in its entirety be read, it must be read.

 

[Section 3.13 amended by election held May 10, 2008]

Section 3.14 Emergency Ordinances

(1)   The Council may adopt emergency ordinances only to meet public emergencies affecting life, health, property or the public peace. In particular, such ordinances shall not levy taxes, grant or renew or extend a franchise, or regulate the rate charged by any public utility for its services. Neither shall they authorize the borrowing of money except as provided elsewhere in this Charter.

 

(2)   An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that they shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms.

 

(3)   An emergency ordinance may be introduced at any City Council meeting and can be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of at least five (5) Council Members shall be required for adoption.

 

(4)   Emergency ordinances shall become effective upon adoption and shall be published as soon thereafter as practicable. Every emergency ordinance so adopted, except one authorizing the borrowing of money as described herein, is automatically repealed as of the sixty-first (61st) day following the day on which it became effective. The ordinance may be re-enacted if the emergency still exists.

 

Section 3.15  Authentication, Recording, Codification Printing and Distribution

(1)   All ordinances and resolutions adopted by the City Council shall be authenticated by seal and signature of the person performing the duties of the City Secretary and numbered consecutively as adopted. They shall be properly indexed and placed in a book kept open for public inspection.

 

(2)   The City Council may maintain a codification of ordinances of the City. This codification shall be known and cited as "The Granite Shoals City Code" and shall be in full force and effect without the necessity of such code or any part thereof being published in any newspaper. The caption, descriptive clause and other formal parts of the ordinances of the City may be omitted without affecting the validity of such ordinances when codified. Every general ordinance, enacted subsequent to such codification, shall be enacted as an amendment to the code. For the purpose of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature which affect the residents of the City at large. Copies of the code shall be furnished to City Officers, placed in the City offices and made available for purchase by the public at a reasonable price to be fixed by the City Council.

 

(3)   The City Council shall cause all ordinances and amendments to this Charter to be printed promptly following their adoption. A copy of each ordinance and amendment shall be placed in appropriate City offices for public reference. Printed ordinances and Charter amendments shall be sold to the public at a reasonable price to be fixed by the City Council.

Section 3.16 Investigations by the City Council

The City Council shall collectively have the power to inquire into the official conduct of any department, agency, office, officer or employee of the City. For that purpose, the City Council shall have the power to administer oaths, subpoena witnesses and compel the production of books, papers or other evidence material to the inquiry. The City Council shall provide, by ordinance, penalties for contempt for failing or refusing to obey any such subpoena or to produce any such books, papers or other evidence and shall have the power to punish any such contempt in the manner provided by the ordinance.

Section 3.17 Bond

The City Council shall require bonds of all municipal officers and employees who receive or pay out any monies of the City. The amount of the bonds shall be determined by the City Council, and the cost shall be borne by the City.

 

ARTICLE IV - CITY ADMINISTRATION

 

Section 4.01  City Manager

(1)   The City Council shall appoint, upon the affirmative vote of a majority of the full membership of the City Council, a City Manager who shall serve as Chief Administrative Officer of the City. The City Manager shall be responsible to the City Council for administration of all the affairs of the City, with only those exceptions that are named in this Charter. The City Manager shall be appointed solely upon the City Manager’s executive, administrative and educational qualifications, and shall have previous city manager or administrator or assistant city manager experience and/or a baccalaureate degree in public administration, business administration or a related field. While it is preferable that the City Manager be a resident of the City, residency is not required.

 

(2)   The City Council shall fix the compensation of the City Manager, and the City Manager’s compensation may be amended, from time to time, in accordance with the City Manager’s experience, qualifications and performance.

 

(3)   The City Manager shall be appointed for an indefinite term, and may be removed at the discretion of the City Council by the affirmative vote of a majority of the full membership of the City Council. Upon decision to remove the City Manager, notice, in writing, of such decision shall be immediately furnished to him/her and the City Council may then suspend him/her from duty.

(A)  If, within five (5) days after being notified of his/her termination and removal, the City Manager files a written request to the City Council requesting that his/her termination be reconsidered, the City Council shall, as soon as practical, meet with the City Manager in accordance with the Texas Open Meetings Act to review its decision to terminate.

 

(B)   Following such review, after affording the City Manager an opportunity to respond to such initial decision to terminate, a new vote shall be taken with regard to the termination of the City Manager.

 

(C)   The City Manager shall, from the date of suspension, continue to receive the City Manager’s salary pending the final decision of the City Council.

 

(D)  This procedure for a review meeting with the City Manager shall not alter the fact that the City Manager serves at the pleasure of the City Council, and the City Manager shall not have, nor should this procedure be construed to grant to the City Manager, any right to continued employment.

 

(4)   In case of the absence, disability or suspension of the City Manager, the City Council may designate a qualified administrative officer of the City to perform the duties of the office or appoint an interim City Manager.

 

(5)   The City Manager shall:

(A)  Appoint, suspend and remove all City employees and appointive administrative officers provided for in this Charter, except as otherwise provided by law, this Charter or personnel rules adopted pursuant thereto;

 

(B)   Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by law or this Charter;

 

(C)   See that all state laws and City ordinances are effectively enforced;

 

(D)  Except upon an explanation acceptable to a majority of the City Council, attend all City Council meetings, with the right to take part in discussion, but shall not vote;

 

(E)   Prepare and accept, or designate an appropriate department head or City employee to prepare and accept, items for inclusion in the official agenda of all City Council meetings and meetings of all boards and commissions;

 

(F)   Prepare and recommend to the City Council the annual budget and capital program and administer the budget as adopted by the City Council;

 

(G)  Keep the City Council fully advised, at least quarterly, as to the financial conditions and future needs of the City and make such recommendations concerning the affairs of the City, as the City Manager or the City Council deems desirable or necessary;

 

(H)  Make reports as the City Council may require concerning the operations of the City departments, offices, or agencies subject to the City Manager’s direction or supervision; and

 

(I)    Perform such other duties as are specified in this Charter or may be required by the City Council, which are consistent with this Charter and state and federal law.

 

Section 4.02  City Secretary

(1)   The City Council shall appoint or remove, with or without cause, the City Secretary upon the affirmative vote of a majority of the full membership of the City Council.

 

(2)   The City Council shall fix the compensation of the City Secretary, and the City Secretary’s compensation may be amended, from time to time, in accordance with the City Secretary’s experience, qualifications and performance.

 

(3)   The City Secretary shall:

(A)  Give notice of all official public meetings of the City Council in a manner consistent with this Charter and state laws;

 

(B)   Except upon an explanation acceptable to a majority of the City Council, attend all public meetings and hearings of the City Council;

 

(C)   Keep the minutes of the proceedings of all public official meetings and hearings of the City Council in a manner prescribed by the City Council consistent with applicable law;

 

(D)  Act as custodian of all official records of the City Council;

 

(E)    Hold and maintain the seal of the City and affix this seal to all appropriate documents;

 

(F)    Authenticate, by signature and seal, and record all ordinances, resolutions and proclamations of the City;

 

(G)  Perform such other duties, as may be required by the City Council, which are consistent with this Charter and state and federal law; and

 

(H)  Schedule and oversee all City elections in accordance with the Texas Election Code and any other applicable law.

 

Section 4.03 Municipal Court

(1)   The City Council shall establish and cause to be maintained a Municipal Court. The Court shall have all the powers and duties as are now, or as may be, prescribed by the laws of the State of Texas.

 

(2)   The City Council shall appoint, by the affirmative vote of a majority of the full membership of the City Council, such Municipal Judges of the Municipal Court, as may be necessary, all of whom shall be competent, duly qualified attorneys licensed and practicing for at least two (2) years in the State of Texas. In the event a duly qualified attorney is not available, the City Council shall then select a qualified person to be the Municipal Judge. The Municipal Judge(s) of the Municipal Court(s) shall be appointed to a term of two (2) years and may be appointed to additional consecutive terms upon completion of the Judge(s) term(s) of office. The appointment of the Municipal Judge(s) may be terminated, with or without cause, at any time by the affirmative vote of a majority of the full membership of the City Council. The Municipal Judge(s) shall receive compensation as may be determined by the City Council.

 

(3)   In the event of failure of any Municipal Judge to perform the Judge(s) duties, the Mayor shall act in the Municipal Judge’s place and stead (and in the event of a vacancy, until a Municipal Judge is appointed by the City Council to fill the vacancy). If the Mayor acts as Municipal Judge, the Mayor shall be compensated at the same salary, if any, as the Municipal Judge for whom the Mayor is acting.

 

(4)   The Clerk and Deputy Clerks of the Municipal Court(s) shall have the power to administer oaths, certify affidavits, make certificates, affix the seal of the Court and perform all usual and necessary clerical acts in conducting the business of the Court(s), including but not limited to, the keeping of records and accounts of the Municipal Court(s).

 

(5)   All special expenses and fines imposed by the Municipal Court(s) shall be paid into the City Treasury for the use and benefit of the City, as may be consistent with present and future laws.

 

Section 4.04  City Attorney

(1)   The City Council shall appoint, by the affirmative vote of a majority of the full membership of the City Council, a competent, duly qualified, licensed and practicing attorney in the State of Texas who shall serve as the City Attorney.

 

(2)   The City Attorney shall:

(A)  Serve as the legal advisor to the City Council and City Manager;

 

(B)   Represent the City in litigation and legal proceedings as directed by the City Council and the City Manager; and

 

(C)   Review and provide opinions as requested by the City Council or City Manager on contracts, legal instruments, ordinances of the City and other City business.

 

(3)   The City Council shall have the right to retain special counsel at any time that it may deem necessary and appropriate.

 

(4)   The City Attorney and Special Counsel shall receive compensation as may be determined by the City Council.

 

(5)   The City Attorney, with approval of the City Council, may select additional attorneys to act for him/her and the City in its representation and/or litigation.

 

(6)   The City Attorney may be removed, with or without cause, by the affirmative vote of a majority of the full membership of the City Council.

 

Section 4.05 Administrative Departments, Offices and Agencies                           

(1)   The City Council may, after hearing recommendations of the City Manager, establish, abolish, redesignate and/or combine departments, offices or agencies, in addition to those provided for by this Charter, and may prescribe the functions and duties of such departments, offices and agencies.

 

(2)   Except as provided elsewhere in this Charter, all departments, offices and agencies of the City shall be under the direction and supervision of the City Manager and shall be administered by officers appointed by and subject to the direction and supervision of the City Manager. The City Manager may, with the consent of the City Council, serve as the head of one (1) or more City departments, offices or agencies or appoint one (1) person as head of two (2) or more of them.

 

(3)   The City Council may enter into an outside contract for tax collection services, or the City Council may ask the City Manager to appoint a City Tax Collector. The City Tax Collector’s duties and functions shall be those usual to the office and consistent with the laws of the State of Texas, as they may apply to City or County Tax Collectors.

 

Section 4.06 Personnel System

(1)   Personnel rules shall be prepared by the City Manager and presented to the City Council, who may adopt them by ordinance or resolution, with or without amendment. The adopted rules shall establish the City as an Equal Opportunity Employer and shall govern the equitable administration of the personnel system of the City.

 

(2)   The adopted rules shall provide for the following requirements:

(A)  A pay and benefit plan for all City employment positions;         

 

(B)   A plan for working hours, attendance policy and regulation and provision for sick and vacation leave;

 

(C)   Procedure for the hearing and adjudication of grievances;

 

(D)  Additional practices and procedures necessary to the beneficial and equitable administration of the City's personnel system; and

 

(E)   A plan for annual, oral and written evaluation based on a job description for all City employees by their immediate supervisor, including evaluation of the City Manager, City Secretary, Municipal Judge and City Attorney by the City Council.

 

ARTICLE V - NOMINATIONS AND ELECTIONS

 

Section 5.01 City Elections

(1)   All City elections shall be conducted in accordance with the Texas Election Code and other applicable law.

 

(2)   The general City election shall be held annually on the first Saturday in May or such date as required by the Texas Election Code. The City Council shall be responsible for specification of places for holding such elections.

 

(3)   The City Council may, by resolution, order a special election for purposes consistent with this Charter and laws of the State of Texas. The City Council will fix the time and places for such a special election and provide all means for holding same.

 

(4)   Municipal elections shall be conducted by election officials appointed by the City Council, or as prescribed by law. Sample ballots, identical in format to those used in the specific election, shall be posted in the voting place(s) for the purpose of voter orientation.

 

(5)   All municipal elections shall be publicized in accordance with the Texas Election Code.

 

(6)   A sample ballot shall be published twice in the official newspaper of the City prior to the date of the election.

 

Section 5.02 Filing for Office

(1)   Candidates for elective City offices shall file for office in accordance with the Texas Election Code.

 

(2)   Candidates for elective City offices shall meet the following qualifications:

(A)  Shall be a qualified voter at the time of the election for which they are filing;

 

(B)   Shall have resided within the corporate limits of the City, or recently annexed territory, for at least twelve (12) months prior to the filing date;

 

(C)   Shall not, at the time of filing or while in office, be in arrears in payment of taxes or other liabilities due the City after the expiration of thirty (30) days following the providing of notice of any delinquency;

 

(D)  No candidate may file in a single election for more than one (1) elective office or position;

 

(E)   No employee of the City shall continue in such position after filing for an elective City office; and

 

(F)   Shall comply with all other City ordinances and/or resolutions that may be applicable.

 

Section 5.03 Official Ballots

(1)   The name of each candidate seeking elective office, except those who have withdrawn, died or become ineligible, shall be printed on the official ballot in the form designated by the candidate in accordance with the Texas Election Code. If two (2) or more candidates have the same surname, their residence addresses shall be printed with their names on the ballot.

 

(2)   The order of the names of the candidates on the ballot shall be determined by lot in a public drawing to be held under the supervision of the person performing the duties of the City Secretary in accordance with the Texas Election Code.

 

(3)   Procedures for voting by absentee ballot shall be consistent with the Texas Election Code.

 

(4)   An ordinance, bond issue, or Charter amendment to be voted on by the voters of the City shall be presented for voting by ballot title. The ballot title of a measure may be different from its legal title and shall be a clear, concise statement, approved by the City Council, describing the substance of the measure without argument or prejudice.

 

(5)   Procedures for write-in votes shall be consistent with the Texas Election Code.

 

Section 5.04 Official Results

(1)   The candidate for Mayor that receives the highest number of votes cast shall be elected, and in each election for a place on the City Council, the candidate for City Council that receives the highest number of votes cast shall be elected. In the event of a tie, the City Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code, unless the candidates agree to an alternative resolution in accordance with the Texas Election Code.

 

(2)   The returns of every municipal election shall be handled in accordance with the Texas Election Code. These returns shall be delivered from the election judges to the person performing the duties of the City Secretary and the Mayor at City Hall as soon as possible after the closing of the polls. Election returns, general and special, shall be presented to the City Council at their next meeting following the election, at which time the City Council shall canvass and declare the results of the election, which shall be recorded in the minutes of the meeting.

 

Section 5.05 Taking of Office

(1)   Each newly elected person to the City Council shall be inducted into office at the first regular City Council meeting following the election.

 

(2)   At such meeting, the oath of office shall be administered in accordance with state law.

 

ARTICLE VI - INITIATIVE, REFERENDUM AND RECALL

 

Section 6.01 Scope of Recall

Any elected City official, whether elected to office by qualified voters or appointed by the City Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the City on grounds of incompetency, misconduct or malfeasance in office.

 

Section 6.02 Petitions for Recall

Before the question of recall of such officer shall be submitted to the qualified voters of the City, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of City Secretary, which said petition must contain the number of valid signatures totaling at least twenty five percent (25%) of the number of votes cast at the last general City election. The petitions, signatures, and verifications shall be governed by the requirements of the Texas Election Code.

 

Section 6.03 Various Papers Constituting Petition

The petition may consist of one (1) or more copies or subscription lists, circulated separately, and the signatures thereto may be upon the paper or papers containing the form of the petition, or upon other paper attached thereto. Verifications provided for in the preceding section of this Article may be made by one (1) or more petitioners, and the several parts of copies of the petition may be filed separately and by different persons. All papers comprising a recall petition shall be filed with the person performing the duties of City Secretary on the same day, and the said person performing the duties of City Secretary shall immediately notify, in writing, the officer so sought to be removed, by mailing such notice to the officer’s address.

 

Section 6.04 Presentation of Petition to the City Council

Within twenty-one (21) days after the date of the filing of the papers constituting the recall petition, the person performing the duties of City Secretary shall present such petition to the City Council.

 

Section 6.05 Public Hearing to be Held

The officer whose removal is sought may, within seven (7) days after such recall petition has been presented to the City Council, request that a public hearing be held to permit him/her to present the facts pertinent to the charges specified in the recall petition. In this event, the City Council shall order such public hearing to be held, not less than five (5) days nor more than fifteen (15) days after receiving such request for a public hearing.

 

Section 6.06 Calling of Recall Election

If the officer whose removal is sought does not resign, then the City Council shall order an election and set the date for holding such recall election. The date selected for the recall election shall be in accordance with the Texas Election Code. If, after the recall election date is established, the officer vacates his/her position, the election shall be cancelled.

 

Section 6.07 Ballots in Recall Election

Ballots used at recall elections shall conform to the following requirements:

(1)  With respect to each person whose removal is sought, the question shall be submitted: "Shall                        be removed from the office of                               by recall?"

 

(2)  Immediately below each such question, there shall be printed the following words, one above the other, in the order indicated:

"Yes"

"No"

 

Section 6.08 Result of Recall Election

If a majority of the votes cast at a recall election shall be "No", that is against the recall of the person named on the ballot, the officer shall continue in office for the remainder of his/her unexpired term, subject to recall as before. If a majority of the votes cast at such election be "Yes", that is for the recall of the person named on the ballot, the officer shall, regardless of any technical defects in the recall petition, be deemed removed from office, and the vacancy shall be filled by the City Council as provided in this Charter.

 

Section 6.09  Recall, Restrictions Thereon

No recall petition shall be filed against any officer of the City within three (3) months after the officer’s election, nor within three (3) months after an election for such officer's recall.

 

Section 6.10 Failure of the City Council to Call an Election-Recall

If all of the requirements of this Charter have been met and the City Council fails or refuses to receive the recall petition, or order such recall election, or discharge any other duties imposed on the City Council by the provisions of this Charter with reference to such recall, then the District Judge of Burnet County, Texas, shall discharge any of such duties herein provided to be discharged by the person performing the duties of City Secretary or by the City Council.

 

Section 6.11  General Power of Initiative and Referendum

The qualified voters of the City, in addition to the method of legislation herein before provided, shall have the power of direct legislation by the initiative and referendum.

(1)   Initiative: Such power shall not extend to the budget, or any capital program, or setting rates, fees or charges, or ordinance not subject to initiative, as provided by state law, relating to appropriation of money, issuing of bonds and levy of taxes or salaries of City officers or employees.

 

(2)   Referendum: Such power shall not extend to the budget or any capital program or emergency ordinance or ordinance not subject to referendum as provided by state law, relating to appropriation of money, issuing of bonds or levy of taxes.

 

Section 6.12  Initiative

(1)  Following a review by the City Attorney for enforceability and legality, qualified voters of the City may initiate legislation by submitting a petition addressed to the City Council, which requests the submission of a proposed ordinance or resolution to a vote of the qualified voters of the City. Said petition must contain the number of valid signatures totaling at least twenty five percent (25%) of the number of votes cast at the last general City election, and each copy of the petition shall have attached to it a copy of the proposed legislation. The petition shall be signed in the same manner as recall petitions are signed, as provided in this Article, and shall be verified by oath in the manner and form provided for recall petitions in this Article. The petition may consist of one (1) or more copies as permitted for recall petitions. Such petition shall be filed with the person performing the duties of City Secretary.

 

(2)  Within twenty-one (21) days after the filing of such petition, the person performing the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation to the City Council, it shall become the duty of the City Council, within two (2) regularly scheduled City Council meetings after the receipt thereof, to pass and adopt such ordinance or resolution without alteration as to meaning or effect, in the opinion of the persons filing the petition, or to call a special election, to be held on a date allowed under the Texas Election Code, at which the qualified voters of the City shall vote on the question of adopting or rejecting the proposed legislation. Any election order so issued shall comply with the Texas Election Code.  Unless otherwise provided by law, any election for an initiative under this Charter shall be held on the first authorized uniform election date that occurs after the sixty-fifth (65th) day after the petition was presented to the City Council.

 

Section 6.13  Referendum

Qualified voters of the City may require that any ordinance or resolution, with the exception of ordinances or resolutions appropriating money or levying taxes, passed by the City Council be submitted to the voters of the City for approval or disapproval, by submitting a petition for this purpose within thirty (30) days after final passage of said ordinance or resolution, or within thirty (30) days after its publication. Said petition shall be addressed, signed and verified as required for recall petitions in this Article and shall be submitted to the person performing the duties of City Secretary.

 

Within twenty-one (21) days after the filing of such petition, the person performing the duties of City Secretary shall present said petition to the City Council. Upon presentation to the City Council, it shall become the duty of the City Council, within two (2) regularly scheduled City Council meetings after the receipt thereof, to reconsider such ordinance or resolution and, if the City Council does not entirely repeal the same, shall submit it to popular vote as provided in Section 6.13 of this Charter.

 

Pending the holding of such election, each ordinance or resolution shall be suspended from taking effect and shall not later take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereof. Unless otherwise provided by law, any election for a referendum under this Charter shall be held on the first authorized uniform election date that occurs after the sixty-fifth (65th) day after the petition was presented to the City Council.

 

Section 6.14 Voluntary Submission of Legislation by the City Council

The City Council, upon its own motion and by the affirmative vote of a majority of the full membership of the City Council, may submit to popular vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or may submit for repeal any existing ordinance, or resolution, or measure, in the same manner and with the same force and effect as provided in this Article for submission of initiative and referendum petitions, and may, at its discretion, call a special election for this purpose.

 

Section 6.15  Form of Ballots

The ballots used when voting upon such proposed and referred ordinance, resolutions or measures, shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines the words:

"For the Ordinance" or

"Against the Ordinance" or

"For the Resolution" or

"Against the Resolution"

 

Section 6.16  Publication of Proposed and Referred Ordinances

The person performing the duties of City Secretary of the City shall publish at least twice in the official newspaper of the City the proposed or referred ordinance or resolution within fifteen (15) days before the date of the election and shall give such other notices and do such other things relative to such election as are required by law in municipal elections and by the ordinance or resolution calling said election.

 

Section 6.17  Adoption of Ordinances

If a majority of the qualified voters voting on any proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a law or as a mandatory order of the City Council.

 

Section 6.18 Inconsistent Ordinances

If the provisions of two (2) or more proposed ordinances or resolutions approved at the same election are inconsistent, the ordinance or resolution receiving the highest number of votes shall prevail.

 

Section 6.19 Ordinances Passed by Popular Vote, Repeal or Amendment

No ordinance or resolution which may have been passed by the City Council upon a petition or adopted by popular vote under the provisions of this Article shall be repealed or amended except by the City Council in response to a referendum petition or by submission as provided by Section 6.15 of this Charter.

 

Section 6.20 Further Regulations by the City Council

The City Council may pass ordinances or resolutions providing other and further regulations for carrying out the provisions of this Article consistent herewith.

 

Section 6.21  Franchise Ordinances

Nothing contained in this Article shall be construed to be in conflict with any of the provisions of this Charter pertaining to ordinances granting franchises when valuable rights shall have accrued thereunder.

 

Section 6.22  Failure of the City Council to Call an Election-Initiative or Referendum

If all of the requirements of this Charter have been met and the City Council fails or refuses to receive the initiative or referendum petition, or order such initiative or referendum election, or discharge any other duties imposed on the City Council by the provisions of this Charter with reference to such initiative or referendum, then the District Judge of Burnet County, Texas, shall discharge any of such duties herein provided to be discharged by the person performing the duties of City Secretary or by the City Council.

 

ARTICLE VII - FINANCIAL PROCEDURES

 

Section 7.01 Fiscal Year

The fiscal year of the City shall begin on the first day of October and end on the last day of September on the next succeeding year. Such fiscal year shall also constitute the budget and accounting year.

 

Section 7.02  Submission of Budget and Budget Measure

(1)  Scope

The annual budget must specify appropriations for capital expenditures and for expenditures directed by the City Council for services and for the operation of city departments, offices and agencies. It must comply with fund requirements of bond covenants.

 

(2)  Preparation

City department heads and officers shall submit budget requests for the next fiscal year to and as directed by the City Manager for review and consolidation. On or before the fifteenth (15th) day of August of the fiscal year, or such earlier date that the City Council may require, the City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying budget message.

 

(3)  Adoption

The City Council shall adopt the annual budget before taxes are levied, but after a public hearing or hearings. The City Council may amend the proposed budget, but shall not delete or decrease appropriations required for debt service, or for estimated cash deficit, or by law, and shall not authorize expenditures in excess of the total of estimated income plus funds available from earlier years.

 

(4)  Failure to Adopt

If the City Council fails to adopt the annual budget before the start of the fiscal year to which it applies, appropriations of the last budget adopted shall be considered as adopted for the current fiscal year on a month-to-month, pro-rata basis until the next budget is adopted.

 

(5)  Contents

The budget for the fiscal year shall contain, at a minimum, the following:

(A)  An ordinance authorizing adoption of the budget and appropriations.