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"City of Choice"
ORDINANCE NO. 10 6 2
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS
PROVIDING ORDER AND NOTICE OF A SPECIAL
ELECTION TO BE HELD ON NOVEMBER 5th 2013 FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS,
FOR ADOPTION OR REJECTION, PROPOSED
AMENDMENTS TO THE EXISTING CHARTER OF THE
CITY OF CIBOLO, TEXAS.
WHEREAS,the City Council of the City of Cibolo,Texas,in the exercise of the discretion reposed
in it by the laws of this State,and in accordance with the provisions of Chapter 9 of the Texas Local
Government Code, has determined to submit the following proposed amendments to the existing
Charter of the City of Cibolo at a special election to be held on November 5,2013, and
WHEREAS,the laws of the State of Texas further provide that Section 3.001 of the Election Code
of the State of Texas is applicable to said elections,and in order to comply with said Code,an Order
should be passed ordering said election and establishing the procedure to be followed in said
election, and designating the voting place for said election; and
WHEREAS, the City Council appointed persons to a Charter Review Committee ("CRC"), and
charged the CRC with reviewing and proposing amendments to the Cibolo Charter; and
WHEREAS, following a series of public meetings, held pursuant to and in compliance with the
Texas Open Meetings Act,the CRC presented its Report of proposed Charter amendments to City
Council in a public meeting; and
WHEREAS, the Council reviewed the Report and after considering the CRC's proposed
amendments, the Council now believes that Cibolo voters should vote on the following proposed
measures, in the form of propositions; and
WHEREAS, Texas Local Government Code Section 9.004 governs the amendments to a City's
Home Rule Charter; and
WHEREAS,the City Council of the City of Cibolo,Texas,finds it in the public interest to order a
special election, to be held on November 5, 2013, for a vote of the electors as to the proposed
amendments to the Cibolo Charter.
1
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS:
SECTION ONE. ELECTION ORDER
1. In compliance with the Texas Election Codes,Texas Local Government Code,Cibolo Home
Rule Charter,and Constitution of the State of Texas,a Special Election is hereby called and ordered
for the first Tuesday in November,2013,the same being the 5th day of said month,at which election
all qualified voters may vote on proposed amendments to the City's Home Rule Charter; and
2. As soon as practical after the election and the declaration by the Council that the votes have
been canvassed, the City Secretary shall certify to the Secretary of State an authenticated copy
showing the results of the Special Election.
3. The election ordered herein shall be held as prescribed by law, at the following locations
between the hours of 7:00 am and 7:00pm:
301 Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara
302 Marion Dolford Learning Center,200 W. Schlather Lane, Cibolo
303 Schertz Elections Office, 1101 Elbel Rd., Schertz
306 Crosspoint Fellowship Church,2600 Roy Richard Drive, Schertz
403 Knights of Columbus Hall,509 Schertz Pkwy., Schertz
404 Schertz Community Center North(formerly Northcliffe Fire Station), 3501 Morning Dr.,
Cibolo
405 St.John's Lutheran Church, 606 S. Center St.,Marion
406 New Berlin Community Center, 8815 FM 775,New Berlin
409 Elaine S. Schlather Intermediate School,230 Elaine S. Schlather Pkwy.,Cibolo
4. Voting at said election shall be done as determined by the County Elections Officer of
Guadalupe County,Texas. The equipment necessary for voting shall be available at the voting sites
for the purpose of conducting early voting by personal appearance and at the Election Day voting site
established for the purpose of voting by personal appearance on Election Day,Tuesday,November 5,
2013. The County Elections Officer of Guadalupe County, Texas is authorized and charged to
perform the functions provided by law in the casting of early ballots and shall hold such elections,
and ballots shall be cast commencing on October 21,2013 and ending on November 1,2013; all in
the method,manner and time made and provided by the Statutes of the State of Texas on this subject.
Early voting by personal appearance will be conducted at the following location at the specified
dates and times: Guadalupe County Office Building—Election Office, 1101 Elbel Road, Schertz,
TX 78154.Dates:Monday, October 21,2013-Friday, October 25,2013 hours are 8:00 a.m.to 5:00
p.m. Saturday,October 26,2013 from 7:00am to 7:00 pm. Sunday,October 27,2013 from 1:00 pm
to 6:00 pm.Monday October 28,2013 through Friday,November 1,2013 from 7:00 am to 7:00 pm.
Election Day Location will be at the following locations from 7:00 a.m. to 7:00 p.m.
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301 Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara
302 Marion Dolford Learning Center,200 W. Schlather Lane,Cibolo
303 Schertz Elections Office, 1101 Elbel Rd., Schertz
306 Crosspoint Fellowship Church,2600 Roy Richard Drive, Schertz
403 Knights of Columbus Hall, 509 Schertz Pkwy., Schertz
404 Schertz Community Center North(formerly Northcliffe Fire Station), 3501 Morning Dr.,
Cibolo
405 St.John's Lutheran Church, 606 S. Center St.,Marion
406 New Berlin Community Center, 8815 FM 775,New Berlin
409 Elaine S. Schlather Intermediate School,230 Elaine S. Schlather Pkwy.,Cibolo
5. The Mayor and City Council shall contract with the Guadalupe County through the
Guadalupe County Clerk's Election's Office for the conduct of this election. The Guadalupe County
Clerk's Election Department shall appoint the election officers to hold said election,in accordance
with State Election Law,including an Early Balloting Board,Signature Verification Committee and
the Central Counting Station representatives which shall count and canvass the early ballots cast at
said election.
6. Notice of said election shall be given by publishing a substantial copy of this ordinance in a
daily newspaper of general circulation published in the City not less than 30 days before the first date
of the election.
7. In addition to the notice required in Sub-section 6 the City Council of the City of Cibolo,
Texas, hereby directs City staff to publish in a newspaper of general circulation in the city on the
same day in each of two successive weeks, the date of the first publication to be not less than
fourteen days prior to the date of the November 5, 2013 Special Election a substantial copy of the
proposed amendments and an estimate of the anticipated fiscal impact to the City.
SECTION TWO. MEASURES
The following measures will be submitted to the qualified voters of the City at the Special Election
in the form of propositions in accordance with Section 9.004 of the Texas Local Government Code
and other applicable laws:
Measure No. 1
SHALL SECTION 1.04 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
Section 1.04 Disannexation
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,after a public hearing on
the issue, disannex said territory as part of the City ' by ordinance.
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Measure No. 2
SHALL SECTION 3.01 (2) OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 3.01 Composition
(2) Y- - . - - . _ „ : _ . . •- -. : - _ , ., three(3)consecutive terms
and shall not eligible to hold another office on City Council for a period mut t-outfor
twe-of one years from the date of the previous election the
- _. --.. - • - - - - - , • • . . . " . " -
Measure No.3
SHALL SECTION 3.01 (3)and(4)OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 3.01 Composition
-„ --- - --- - - .. • a - . - . . . - . . - .- - .. .- -.
State of Texas.
Measure No. 4
SHALL SECTION 3.05 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
Sections 3.05-Vacancies,forfeiture and filling of vacancies
(1) Vacancies. 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.
12) Forfeiture. A Council Member or the Mayor shall forfeit his/her office if he/she:
(A) - • - - •• - - . - - ails to attend three (3)
consecutive regular meetings,without obtaining an approved absence according
to a policy established by the City Council within thirty(30)days of this Charter
amendment being adopted. •. . . ___: . . - - . - , _ .. .. _
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Measure No. 5
SHALL SECTION 3.05 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
Sections 3.05-Vacancies,forfeiture and filling of vacancies
(3-) _- - .. • . .. - _eases 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
Measure No. 6
SHALL SECTION 3.05 (1) OF THE CITY'S CHARTER BE AMENDED BY ADDING A
SECTION AS FOLLOWS:
Sections 3.05-Vacancies,forfeiture and filling of vacancies
(C) Violates any express prohibition within this Charter.
Measure No.7
SHALL SECTION 3.05 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
Sections 3.05-Vacancies, forfeiture and filling of vacancies
(43) Filling of Vacancies.
(A) If there is a vacancy in the office of Mayor,a new Mayor shall be elected by
special election •., .. - ! . . . . _ - . .. _ _..
to be held on the first available uniform election date in accordance with the
Texas Constitution and the Texas Election Code{Tex.Election Code,§ 1.001 et
seq.].
(5B) 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 a three quarters(3/4)
majority 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 Tern, the
City Council shall elect a new Mayor Pro Tem at the next regular meeting.
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-(6CJ 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_, i mplianee wi*hthe Te
- - •- - - - • - - -- -, - •„ - .. . . . . - - - .
• . - • - , :to be held on the first
available uniform election date,in compliance with the Texas Elections Code,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.Ike
Measure No. 8
SHALL SECTION 3.05 (7) OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
Sections 3.05-Vacancies, forfeiture and filling of vacancies
(7D) Notwithstanding the requirement that a quorum of the City Council consists
of a majority of the members,if,at any time,the membership of the City Council
is reduced to less than a majority, the remaining members may, by majority
action, appoint additional members to raise the membership to four(43).
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.
Measure No. 9
SHALL SECTION 3.05 OF THE CITY'S CHARTER BE AMENDED BY ADDING THE
FOLLOWING SECTION:
(4) If the Mayor or a Council Member forfeits his/her office,and does not immediately
resign,the City Council Members and the Mayor may conduct a hearing pursuant to Section
14.10 of this Charter,to determine if the office holder has forfeited and should vacate his/her
office. The hearing shall be held within thirty (30) days of the City Council, as a body,
learning of the alleged forfeiture.
Measure No. 10
SHALL SECTION 3.06 (15) OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 3.06 Powers of the City Council
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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:
I (15)Adopt development Master Plans .
Measure No. 11
SHALL SECTION 3.07 OF THE CITY'S CHARTER BE AMENDED TO ADD SECTION(4)AS
FOLLOWS:
SECTION 3.07 Prohibitions
(4) Neither the City Council, individual Council Members, nor the Mayor shall dictate to the
City Manager the appointment of any person to office or employment except those positions
otherwise provided for by in the Charter.The City Council or its members will not interfere
in any manner with the City Manager in the performance of the duties of that office or
prevent him/her from exercising professional judgment in the appointment of officers and
employees whose employment,appointment,and supervision are reserved by this Charter for
the City Manager. Except for the purpose of inquiry,the City Council and its members shall
deal with the City Staff solely through the City Manager, and neither the Council nor any
member not having administrative or executive functions under this Charter shall give orders
to any of the subordinates of the City Manager, either publicly or privately.
Measure No. 12
SHALL SECTION 3.12 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 3.12 Rules of Procedure
(1) The City Council and all Commissions and Boards shall . . - -. •- . . . ., - ' -
Robert's R ul es of Orderadopt rules and regulations to conduct business.The City Council shall
provide that the citizens of the City shall have a reasonable opportunity to clearly hear and be
heard at all regular meetings and 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.
(2) The Mayor or Council members individually or by motion may place items on the agenda prior
to the agenda being posted.
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Measure No. 13
SHALL SECTION 4.01 (5) (D) OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 4.01 City Manager
(5) The City Manager shall:
I (D) Attend or designate a City employee to attend all City Council,Commission, and Board
meetings, with the right to take part in discussion,but shall not vote;
Measure No. 14
SHALL SECTION 4.03 (2) OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 4.03 Municipal Court
I (2) The City Council shall appoint,by the affirmative vote of a majority of the voting 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 which shall coincide with
the terms of the Mayor and may be appointed to additional consecutive terms upon completion of
his/her/their term(s) of office. The appointment of the Municipal Judge(s)may be terminated,
witheet-eauseFat any time by the affirmative vote of a three fourths majority of the City Councils
after due notice and a public hearing.The Municipal Judge(s)shall receive compensation as may
be determined by the City Council.
Measure No. 15
SHALL SECTION 4.03 (3) OF THE CITY'S CHARTER BE AMENDED BY DELETING THE
FOLLOWING SECTION AS FOLLOWS:
SECTION 4.03 Municipal Court
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Measure No. 16
SHALL SECTION 4.03 (4) OF THE CITY'S CHARTER BE AMENDED BY DELETING THE
FOLLOWING SECTION AS FOLLOWS:
SECTION 4.03 Municipal Court
certify affidavits, make certificates, affix thc seal of thc Court and perform all usual and
Measure No. 17
SHALL SECTION 4.06 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
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. The City shall comply with all applicable
State and Federal labor laws.
- ... , , - . . • _ .
Positienst
vaeation-leavet
(E)(A : .. ...,, . .. . .. - - . . . ... . : . _ . _
•9
Measure No. 18
SHALL SECTION 4.07 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
. .. ! .! - . , .. . , . .. .
- - . • •. , - • ., . . • • - - • • • - -- . N. - • ..• • • -- --- • ' •
Measure No. 19
SHALL SECTION 5.01 (2) OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 5.01 City Elections
(2) The general City election shall be held annually : .. - . -- -- : - - : ' 4 . . : •n such date as
required by the Texas Election Code and established by ordinance. The City Council shall be
responsible for specification of places for holding such elections.
Measure No.20
SHALL SECTION 5.02 (2) (C) OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 5.02 Filing for Office
(2) Candidates for elective City offices shall meet the following qualifications:
(C) Shall have resided within the corporate limits of the City,or recently annexed territory,and
their District for at least twelve (12) months prior to the filing date and shall have their
primary residence within the City limits of the City of Cibolo;
Measure No.21
SHALL SECTION 5.05 (1) OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
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 canvass of the election.
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Measure No.22
SHALL SECTION 6.02 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
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,—. As to the Mayor w rsaid petition must contain the number of valid
signatures totaling at least thirty percent(30%) of the number of votes cast at the last general City
election,or ene-four hundred and fifty(4450),whichever is greater.As to the Councilpersons elected
by District,said petition shall be signed by qualified voters in such District equal in number at least
thirty percent(30%) of the number of votes cast within their respective District at the last general
City election, or one hundred and fifty (150), whichever is greater. Each signer of such recall
petition shall personally sign his/her name thereto in ink or indelible pencil and shall write after
his/her name his/her place of residence,giving the name of the street and the number,and shall also
write thereon the day,the month and the year his/her signature was affixed.
Measure No. 23
SHALL SECTION 6.11 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 6.11 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
Guadalupe County,Texas,shall be authorized to discharge any of such duties herein provided to be
discharged by the person performing the duties of City Secretary or by the City Council upon petition
by an individual with standing under the laws of the State of Texas.
Measure No.24
SHALL SECTION 6.13 (1) OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 6.13 Initiative
I (1) - • • • • = • • --- -- ., . _ ' •, •ualified 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 thirty percent
(30%)of the number of votes cast at the last general City election or one hundred and fifty(150),
whichever is greater, 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
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for recall petitions. Such petition shall be filed with the person performing the duties of City
Secretary.
Measure No.25
SHALL SECTION 6.20 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 6.20 Ordinances Passed by Popular Vote,Repeal or Amendment
No ordinance which may have been passed by the City Council upon a petition or adopted by popular
vote under the provisions of this Article may be repealed or amended by the City Council for a
period of two (2 years from the date said ordinance became effective and then only upon a two-
thirds(2/3)vote of the total number of City Members. An ordinance which may have been passed
by the City Council upon a petition or adopted by popular vote under the provisions of this Article
may be repealed or amended at any time in response to an initiative or referendum petition filed
pursuant to this Article.
- • - .. • •- - •• --- • . - - . . . • •- . . . . . as provided by Section 6.15
of this Charter.
Measure No.26
SHALL SECTION 6.23 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 6.23 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 Guadalupe County,Texas,shall
be authorized to discharge any of such duties herein provided to be discharged by the person
performing the duties of City Secretary or by the City Council upon petition by an individual with
standing under the laws of the State of Texas.
Measure No.27
SHALL SECTION 7.02 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 7.02 Submission of Budget and Budget Measure
On or before ,- - - . . . _ . -- ..- August 15th of the fiscal year,the City Manager shall submit
to the City Council a budget for the ensuing fiscal year and an accompanying budget message.
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Measure No.28
SHALL SECTION 7.04 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
• . I P • . ,
Measure No. 29
SHALL SECTION 7.05 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 7.05 Public Hearing on Budget
At the City Council meeting when the budget is submitted,the City Council shall name the date and
place of a public hearing and shall have published in the official newspaper of the City, at least
after the date of notice. At this hearing, interested citizens may express their opinions concerning
Measure No. 30
SHALL SECTION 7.06 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 7.06 Proceeding on Adoption of Budget
After public hearing,the City Council shall analyze the budget,making any additions or deletions
which they feel appropriate,and shall, at least ten(10)days prior to the beginning of the next fiscal
year, adopt the budget by the affirmative vote of a majority of the City Council. Should the City
Council take no final action on or prior to such day,the current budget shall be in force on a month-
to-month basis until a new budget is adopted and the new budget must be approved within thirty(30)
days of the start of the new fiscal year.
Measure No.31
SHALL SECTION 7.07 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 7.07 Budget,Appropriation and Amount to be Raised by Taxation
On final adoption,the budget shall be in effect for the budget year.Final adoption of the budget by
the City Council shall constitute the official appropriations as proposed by expenditures for the
current year and shall constitute the basis of official levy of the property tax as the amount of tax to
be assessed and collected for the corresponding tax year. Estimated expenditures will in no case
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I exceed proposed revenue plus easit-en4landavailable fund balance. Unused appropriations may be
transferred to any item required for the same general purpose.
Measure No. 32
SHALL SECTION 7.09 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 7.09 ertification of Budget
A copy of the budget,as finally adopted,shall be filed with the person performing the duties of City
Secretary and such other places required by state law or as the City Council shall designate.The-fmal
Measure No.33
SHALL SECTION 7.13 (1) OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 7.13 Borrowing
(1) The City shall have the right and power, except as prohibited by state law or this Charter, to
borrow money by whatever method it may deem to be in the public interest and in conformity
with the laws of the State of Texas for the purpose for which they were issued.
Measure No.34
SHALL SECTION 7.16 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 7.16 Depository
affairs of the City shall be deposited promptly in the City depository or dcpositories. The City
to the requirements as to security for deposits and interest thcrcon as may be established by
Measure No.35
SHALL SECTION 7.17 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 7.17 Independent Audits
At the close of each fiscal year, and at such other times as may be deemed necessary, the City
Council shall call for an independent audit to be made of all accounts of the City by a certified public
14
accountant. No more than five(5) consecutive annual audits shall be completed by the same firm.
The certified public accountant selected shall have no personal interest,directly or indirectly,in the
financial affairs of the City or any of its officers. The report of audit, with the auditor's
recommendations, will be made to the City Council. _ .. . - •- . - • .•• , - - - --
file in thc office of thc person performing thc duties of City Secretary, as a public record.
Measure No.36
SHALL ARTICLE 9 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
Sec. 9.01. - Organization.
(1) There is hereby established a Planning and Zoning Commission(the "Commission")
which shall consist of at least seven(7)members who shall be appointed by the City Council to
staggered terms of two (2)years. . • . -- - •- • • •• - '. - . • • • • •• -
of a member shall be filled by the City Council for the remainder of the unexpired term. Each
(2) The Commission shall meet at least once a month. The Commission shall keep minutes
(3) The Chairman shall not be considered a voting member of the Commission, except in the
case of a tic,he/she shall cast the deciding vote,but shall have no power to veto.
(1) The Commission shall be responsible to and act as an advisory board to the City Council.
taken; - -
(B) Make proposals to the City Council to amend, extend and add to the
Comprehensive Plan for the physical development of the City;
(C) If requested by the City Council, a monthly report shall be made in person by a
(D) Review master plans, subdivision plats, annexation,variance, and zoning requests
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(E) Update the Capital Improvement Plan and Land Use Assumptions as required;
(2) The Commission shall have full power to:
(A) Exercise the authority of the Commissio . . . . • - - ••, • -, -•
(2) A vote of at least three quarters (3/4) of all the Council Members, is required to overrule a
recommendation of the Commission that a proposed zoning amendment, supplement or change,
or change to a regulation or boundary be denied.
Sec.9.03. -re eedur
(1) The Planning and Zoning Commission procedures shall be governed by the provisions of
the City Zoning Ordinance and Texas State Law.
(2) Should any person on the Commission have a conflict of interest,pursuant to any state
0 - • -
- - - - -
. . .
(1) The existing Comprehensive Plan for the physical development of the City contains
ordinance or resolution in accordance with Texas State Law.
(2) Following the adoption by the City Council of the Comprehensive Plan, and any revisions
thereto, it shall serve as a guide to all future City Council action concerning land use and
- - -
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Measure No.37
SHALL ARTICLE 9 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
Sec.9.01.- Organization.
- , , - . - .
Measure No.38
SHALL SECTION 10.01 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 10.01 Authority
The ownership, right of control and use of streets,highway, alleys, parks,public places,rights-of-
way and all other real property of the City is hereby declared to be inalienable to the City. No entity
or individual shall have the right to occupy such public property without the express permission of
and under an express written agreement with the City concerning such occupancy. Utilities and/or
public utilities shall only be granted the right to occupancy under the terms of a franchise agreement
with the City. All grants,removals,extensions or amendments of public utility franchises on,under
or beneath such public places shall be the right of the Council. The City may,by ordinance, sell,
lease,transfer or otherwise alter its control and use of such public properties,in accordance with the
provisions of this Charter.
Measure No.39
SHALL SECTION 10.02 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 10.02 Ordinance Granting Franchise
I No franchise shall be granted for a term of more than erten(10)years from the date of the
grant,renewal or extension of any franchise.
Measure No.40
SHALL SECTION 11.08 BE ADDED TO THE CITY'S CHARTER AS FOLLOWS:
Section 11.08—Regulation of Alcohol
The City Council may enact any and all other regulations regarding the sale, consumption,
distribution, etc. of alcoholic beverages, as permitted by law, including but not limited to the
regulation of the sale of liquor in residential sections or areas of the City.
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Measure No.41
SHALL ARTICLE 13 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
ARTICLE XIII
. .
.! - . .. . . . . . . .. . . - . . . . . .. . • . .
appointed,unless removed by the City Council or by other means provided in this Charter.
are eligible to serve one additional term. A Mayor or Council Member completing a third
consecutive term shall be required to "sit out"in accordance with Article III, Section 3.01 (1).
.
- - - ..
•
altered, amended or repealed by the City Council, with all references therein to the City
Administrator to mean the City Manager, and all rights of the City under existing franchises and
Charter, the persons presently serving as the City Administrator and the City Secretary shall be
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Measure No.42
SHALL SECTION 14.07 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 14.07 Conflict of Interest
No officer,whether elected or appointed,or any employee,whether full or part-time,of the City shall
have a substantial financial interest, direct or indirect, in any contract, other than employment
contracts,with the City; or have a substantial financial interest, direct or indirect,in the sale to the
City of any land, materials, supplies or services, except on behalf of the City as an officer or
employee, except as allowed by state law. Any willful violation of this Section shall constitute
malfeasance in office, and any officer found guilty thereof, under the procedures provide for in
Section 14.10 of this Charter,-shall forfeit his/her office or position. Any violation of this
Section with the knowledge,express or implied,of the person or the corporation contracting with the
governing body of the City shall render the contract involved voidable by the City Manager,unless
reinstated by the City Manager or the affirmative vote of a majority of the full membership of the
City Council.
Measure No. 43
SHALL SECTION 14.07 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 14.07 Conflict of Interest
No officer,whether elected or appointed,or any employee,whether full or part-time,of the City shall
have a substantial financial interest, direct or indirect, in any contract, other than employment
contracts,with the City; or have a substantial financial interest, direct or indirect,in the sale to the
City of any land, materials, supplies or services, except on behalf of the City as an officer or
employee, except as allowed by state law. Any willful violation of this Section shall constitute
malfeasance in office,and any officer er-empleyee-found guilty thereof-shall forfeit his/her
office or position.Any willful violation of this Section by an employee shall subject that employee to
discipline pursuant to the City's personnel policies. Any violation of this Section with the
knowledge,express or implied,of the person or the corporation contracting with the governing body
of the City shall render the contract involved voidable by the City Manager,unless reinstated by the
City Manager or the affirmative vote of a majority of the full membership of the City Council.
Measure No. 44
SHALL SECTION 14.08 OF THE CITY'S CHARTER BE AMENDED AS FOLLOWS:
SECTION 14.08 No Officer or Employee to Accept Gifts,Etc.
All officer's and employees of the City shall comply with State Law regarding the acceptance of
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(1) No officer or employee of thc City shall ever accept, directly or indirectly, any gift, favor or
. - ' ' - - - -
(B)Exchange gifts with his/her family and relatives;
Texas Election Code.
(3) Any officer or employee of thc City who shall violate the provisions of this section shall be
Measure No.45
SHALL SECTION 14.10 BE ADDED TO THE CITY'S CHARTER AS FOLLOWS:
Sec. 14.10 Council Investigations; Hearings; Process
(1) General. In addition to any other specific authority of investigation and hearing provided for
in this Charter, the City Council shall have the power to inquire into the official conduct of any
department,agency,appointed boards,office,officers,employees or appointed board members of the
City. For the purpose of investigations and hearings, the City Council shall have the power to
administer oaths, subpoena witnesses, compel the production of books,papers,and other evidence
material to the inquiry. The City Council shall provide, by ordinance, penalties for contempt in
failing or refusing to obey any such subpoena or to produce any such books, papers or other
evidence. The City Council shall have the power to punish any such contempt in the manner
provided by such ordinance.
(2) Hearings Process for Forfeitures of Office and determination of a violation of this Charter by
Officers, Council Members, and the Mayor.
(A) All hearings held under this subsection shall be conducted in open session,
except that the City Council may conduct a closed session to get advice from
its attorney pursuant to the Texas Open Meetings Act;
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(B) The officer holder subject to any investigation and/or hearing under this
section shall be entitled to written notice of the allegations of forfeiture
and/or the alleged violation of this Charter as applicable;
(C) A special meeting shall be called to hold the hearing;
(D) A member of City Council who is the subject of the investigation or hearing
shall be entitled to provide for a defense,be given an opportunity to respond
to the allegations and present any relevant evidence pursuant to subsection
(G) herein, but shall not sit at the dais during the hearing and shall not
participate in deliberation or vote;
(E) City Council shall adopt rules of procedures to be followed by ordinance;
(F) The City Council shall state the nature of the hearing and the allegations to be
considered, shall be provided the results of any investigation and a
presentation of the evidence against the office holder including, but not
limited to testimony from individuals;
(G) The individual who is subject to the hearing shall be provided an opportunity
to respond to the allegations and present any relevant evidence including,but
not limited to,testimony from individuals;
(H) City Council may ask questions of any individual;
(I) No public comment shall be allowed unless agreed to by a majority vote of
City Council. Rules for public comment shall be set by City Council;
(J) Unless otherwise provided for in this Charter a vote of a 3/4's of City Council
shall be necessary for a finding of removal from Office.
(K) Disposition of the matter under this Charter is final.
SECTION THREE. PROPOSITIONS
The ballots for the City election shall comply with the Texas Election Code, and shall have the
measures described in Section 2 of this Ordinance stated as Propositions as follows:
MEASURE 1 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 1
FOR/AGAINST The amendment of the City Charter creating a process to disannex property
from the City as required by State law.
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MEASURE 2 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO.2
FOR/AGAINST The amendment of the City Charter to require a council member or the mayor
to,before being eligible for another City Council office,sit out for one(1)year after serving three(3)
consecutive terms.
MEASURES 3 AND 41 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE
FOLLOWING PROPOSITION:
PROPOSITION NO.3
FOR/AGAINST The amendment of the City Charter deleting all transitional provisions as
serving their purpose no longer being necessary.
MEASURE 4 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO.4
FOR/AGAINST The amendment of the City Charter requiring City Council to adopt a policy
for approved absences from a City Council meeting.
MEASURES 5, 9,42 AND 45 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE
FOLLOWING PROPOSITION:
PROPOSITION NO. 5
FOR/AGAINST The amendment of the City Charter to establish a due process hearing for
determining whether a violation of the Charter has occurred.
MEASURE 6 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 6
FOR/AGAINST The amendment of the City Charter to provide that a council member or the
mayor forfeits their office by violating any express prohibition of the Charter.
MEASURES 7, 19, 21, 23, 26, 31 AND 33 SHALL BE PLACED ON THE BALLOT IN THE
FORM OF THE FOLLOWING PROPOSITION:
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PROPOSITION NO. 7
FOR/AGAINST The amendment of various City Charter sections to establish consistency and
compliance with State law.
MEASURE 10 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 8
FOR/AGAINST The amendment of the City Charter to allow the Planning and Zoning
Commission to approve subdivision plats if authorized by City Council.
MEASURES 11 AND 18 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE
FOLLOWING PROPOSITION:
PROPOSITION NO. 9
FOR/AGAINST The amendment of the City Charter moving the prohibition of City Council
from interfering with the duties of the City Manager from Article 4 to Article 3.
MEASURE 12 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 10
FOR/AGAINST The amendment of the City Charter requiring City Council and City Boards
and Commissions to adopt rules and regulations for the conduct of business at their respective
meetings.
MEASURE 13 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 11
FOR/AGAINST The amendment of the City Charter authorizing the City Manager to designate
a City employee to attend City Council, Commission, and board meetings when necessary.
MEASURES 14 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 12
FOR/AGAINST The amendment of the City Charter to provide for how and when a Municipal
Judge is appointed or removed.
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MEASURE 15 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 13
FOR/AGAINST The amendment of the City Charter deleting the requirement that the Mayor
act the Municipal Judge.
MEASURES 16, 28, 29, 34 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE
FOLLOWING PROPOSITION:
PROPOSITION NO. 14
FOR/AGAINST The amendment of the City Charter deleting various sections because they are
already required by and duplicative of the requirements of State law.
MEASURE 17 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 15
FOR/AGAINST The amendment of the City Charter deleting provisions related to the creation
of a personnel policy as duplicative of other provisions of the Charter.
MEASURE 20 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 16
FOR/AGAINST The amendment of the City Charter requiring City Council members live
within their District for twelve(12)months prior to running for the Council position of that District.
MEASURE 22 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 17
FOR/AGAINST The amendment of the City Charter to provide that only citizen's from a
Council Member's District may sign a petition for the recall of their Council Member and setting the
petition signature requirements the recall of that Council Member and the recall of the Mayor.
MEASURE 24 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
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PROPOSITION NO. 18
FOR/AGAINST The amendment of the City Charter deleting provisions requiring the City
Attorney to review initiative petitions as already required by and duplicative of other Charter
requirements.
MEASURE 25 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 19
FOR/AGAINST The amendment of the City Charter creating a process whereby City Council
may repeal or amend ordinances adopted by popular vote after two years and then only upon a two-
thirds vote by City Council.
MEASURE 27 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO.20
FOR/AGAINST The amendment of the City Charter requiring the City Manager to submit a
proposed budget to City Council by August 15th.
MEASURE 30 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO.21
FOR/AGAINST The amendment of the City Charter requiring the City Council to approve the
budget no later than 30 days before the start of the new fiscal year.
MEASURES 32 AND 35 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE
FOLLOWING PROPOSITION:
PROPOSITION NO.22
FOR/AGAINST The amendment of the City Charter deleting the requirements of certain
reproduction and notice of the availability of the budget and the audit as already required by and
duplicate of other provisions of the Charter and State law.
MEASURE 36 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 23
FOR/AGAINST The amendment of the City Charter deleting various provisions related to the
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Planning and Zoning Commission as already required by and duplicative of State law.
MEASURE 37 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO.24
FOR/AGAINST The amendment of the City Charter deleting the requirement at least three
quarters(3/4)of all the Council Members,is required to overrule a recommendation of the Planning
and Zoning Commission to deny a zoning amendment, supplement or change, or change to a
regulation or boundary.
MEASURE 38 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO. 25
FOR/AGAINST The amendment of the City Charter clarifying the City's authority over
property it owns.
MEASURE 39 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO.26
FOR/AGAINST The amendment of the City Charter reducing the authorized term of a
franchise agreement from 20 years to 10 years.
MEASURE 40 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO.27
FOR/AGAINST The amendment of the City Charter to provide the City the authority to
regulate the sale and distribution of alcohol in residential areas of the City.
MEASURE 43 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
PROPOSITION NO.28
FOR/AGAINST The amendment of the City Charter to provide that an employee who violates
the conflicts of interest provision is subject to discipline pursuant to the City's personnel policy.
MEASURE 8 SHALL BE PLACED ON THE BALLOT IN THE FORM OF THE FOLLOWING
PROPOSITION:
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PROPOSITION NO.29
FOR/AGAINST The amendment of the City Charter changing the majority of City Council
from three (3) to four (4) for consistency with the current number of seven (7) City Council
members.
SECTION FOUR. This ordinance shall be effective on passage.
PASSED AND APPROVED this 13th day of August, 2013.
APPROVED:
• 1 a/yL,
`ennifer • an, ayor
ATTEST:
(-3
/
Peggy Cimics, City Secretary = � ',
k " _
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