ORD 1241 08/14/2018 0r C/
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"City of Choice"
ORDINANCE NO. 1241
AN ORDINANCE ORDERING A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 6, 2018 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 6, 2018;
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 6, 2018, for a vote of the electors as to the proposed
amendments to the Cibolo Charter.
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS...
SECTION 1. In compliance with the Texas Election Code, Texas Local Government Code,
Cibolo Home Rule Charter, and the Constitution of the State of Texas, a special election is
hereby ordered to be held at the polling sites designated by the County Elections Officer of
Guadalupe County, Texas on the authorized uniform election date of Tuesday, November 6,
2018 at which time all qualified voters may vote on proposed amendments to the City's Home
Rule Charter; and
SECTION 2. Propositions approved by a majority of the voters shall be effective when the City
has canvassed the election results and enters an order stating the same.
SECTION 3. As soon as practicable after the election and the declaration by the Council that
the votes have been canvassed, the City shall certify to the Secretary of State an authenticated
copy showing approval or disapproval of the proposition.
SECTION 4. The foregoing special municipal election is hereby ordered to be held on Tuesday,
November 6, 2018 in accordance with the laws of Texas, and the provisions of the Charter of the
City of Cibolo, and the official ballots for said election shall be prepared in accordance with the
Texas Election Code for the election.
SECTION 5. The election ordered herein shall be held as prescribed by law, in the City of
Cibolo at the hours sites set by the County Elections Officer of Guadalupe County, Texas.
SECTION 6. Voting at said election shall be conducted 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 sites established for the purpose of voting by personal appearance on
Election Day, Tuesday,November 6, 2018. 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 cast commencing on October 22, 2018 and ending on November 2, 2018 all in the
method, manner and time made and provided by the Statutes of the State of Texas on this
subject. Lisa Adam, Elections Administrator will be appointed as early voting clerk in
compliance Section 271.006 of the Texas Election Code. Other deputy early voting clerks will
be appointed as needed to process early voting mail and to conduct early voting at the main
location and branch locations. Any qualified voter for the Joint Election may vote early by
personal appearance at either the main early voting location, branch locations, or temporary
branch locations.
SECTION 7. The Mayor and City Council shall contract with Guadalupe County through the
Guadalupe County Clerk's Elections Office for the conduct of this election. The Guadalupe
County Clerk's Elections 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.
SECTION 8. 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 earlier than the
30th day or later than the 10th day before the election.
SECTION 9. In addition to the notice required in Sub-section 8 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 6, 2018 Special Election a substantial
copy of the proposed amendments and an estimate of the anticipated fiscal impact to the City.
SECTION 10. 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 1
Sec. 1.02. -Boundaries.
The inhabitants of the City residing within its corporate limits, as heretofore or
hereafter established, are hereby constituted and shall continue to be a municipal
such powers, privileges, rights, duties, authorities and immunities as are herein
Hall so that it is accessible by the citizens. The map shall be updated at least annually.
The residents of the City of Cibolo, Texas, living within its legally established
boundaries are incorporated forever as a political subdivision of the State of Texas
under the name of the "CITY OF CIBOLO, TEXAS" (referred to hereafter as the
"City") with all the powers, privileges, rights, duties, and immunities which are
provided for by this Charter, City Ordinances and Texas State law. An official map
shall be maintained and posted in City Hall so that it is accessible by the citizens. The
map shall be updated at minimum annually.
Sec. 2.01. - Local self-government.
seal; may sue and, in cases where its sovereign immunity has been waived, may be
sued; may enter into contracts for any public purpose; may acquire and hold, in fee
simple or any lesser estate or in trust, by gift, deed, bequest, right of eminent domain,
purchase, lease, exchange, or otherwise, and may alienate, any character of property,
. , . ., . • .. -- • ••-• . The city may exercise all powers
of local self-government not inconsistent with the Constitution or the laws of this
state or by special limitations in this charter, and has all powers and authority possible
for a city to have under the Constitution and laws of this state, as fully and completely
as though all such powers and authority were specifically enumerated in this Charter.
Sec. 2.02. Public improvements.
- - . . - -- --
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 paving assessments in foreclosure cases as
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.
Sec. 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,
or any of its agencies.
cc. 2.04. General enumeration of powers.
(1) The City shall have power to enact and to enforce all ordinances and take other
action as necessary to protect life, health, property and the public welfare, and to
accomplish any public purpose; to prevent and summarily abate and remove
nuisances; to preserve and promote good government, order, security, amusement,
recreation, trade and economic development, peace, prosperity and the general
necessary to the complete and efficient management and control of municipal
property and the affairs of said city; to exercise all powers that may be conducive to
subject, provided that no such ordinance shall be enacted inconsistent with the
provisions of this charter or the Constitution or laws of the State of Texas; and
provide further that the specification of particular powers shall never be construed as
a limitation upon the general powers herein granted, it being intended by this charter
to grant and bestow upon the city and the inhabitants thereof full power of local
government to accomplish any public purpose, and having and exercising all powers
general laws of the State of Texas, giving and granting to it and its inhabitants all
implied shall be exercised in a manner prescribed by this charter or when not
prescribed herein, as shall be provided by ordinance.
(2) In addition to the powers enumerated in this charter, implied thereby or
appropriate to the exercise thereof, the city may have and may exercise in the manner
and that it would have been competent for this charter to specifically enumerate.
Sec. 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, Section 5.02 of this
Charter while in office.
Sec. 3.03. - Compensation.
Compensation of the City Council and the Mayor, and any subsequent increases, shall
be determined and approved by a vote of the citizens at a regular election. 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. The City Council
performance of official duties with the approval of the City Council at a public
meeting. The City Council and Mayor shall also be entitled to reimbursement,
consistent with a policy approved by City Council, for actual expenses incurred in the
performance of official duties.
Sec. 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
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;
('1) 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 and appoint a Planning and Zoning Commission, a Parks 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 and the official zoning map;
(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, or tariffs 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 cert '- '--' ; : : .
the condemnation of dangerous structures or buildings or dilapidated structures or
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 development Master Plans;
(16) Provide for the development and maintenance of a Comprehensive Plan and
Sec. 5.01. - City elections.
(1) All City elections shall be conducted in accordance with the Texas Election
Code [Tex. Election Code, § 1.001 et seq.] and other applicable law.
(2) The general City election shall be held annually on 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.
(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 m ans for holding
same.
(1) Municipal elections shall be conducted by election officials appointed by the
. - - . _
posted in the voting place(s)for the purpose of voter orientation.
(5) All municipal elections shall be publicized in accordance with the Texas
- . .. - . lection Code, § 1.001 et seq.].
(6) A sample ballot shall be published twice in the official newspaper of the City
prior to the date of the election.
Sec. 5.03. - Official ballots.
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 [Tex.
- - • •• - - - - -
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
duties of the City Secretary in accordance with the Texas Election Code [Tex.
Election Code, § 1.001 et seq.].
(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.
[Tex. Election Code, § 1.001 et seq.].
Sec. 7.18. Power to tax.
(1) The City shall have the power to levy, assess and collect taxes of every
character and type for any municipal purpose not prohibited by the Constitution and
laws of the State of Texas.
(2) The City shall have the power to grant tax exemptions in accordance with the
laws of the State of Texas.
Sec. 7.19. Office of tax collector.
There may be an office of taxation to collect t - , -- - .. . - - . . . -- '
Tax Collector. The City Council may contract for such services.
Sec. 7.20. Taxes; when due and payable.
paid at any time after the tax rolls for the year have been completed and approved.
subject to penalty and interest as the City Council shall provide by ordinance. The
amount not to exceed those established by the laws of the State of Texas.
rolls shall not relieve the person, firm or corporation so omitted from obligation to
receipts for the years in question, omitting penalty and interest.
Sec. 7.21. Tax liens, liabilities and suits.
(1) All taxable property located in the City on January 1 of each year shall stand
charged from that date with a special lien in favor of the City for the taxes due. All
persons purchasing any such property on or after January 1 in any year shall take the
property subject to the liens provided above. In addition to the liens herein provided,
be personally liable for the taxes due for that year.
(2) The City shall have the power to sue for and recover personal judgment for
judgment and foreclosure. In any such suit where it appears that the description of
any property in the City appraisal rolls is insufficient to identify such property, the
City shall have the right to plead a good description of the property to be assessed, to
prove the same, and to have its judgment foreclosing the tax lien or for personal
judgment against the owners for such taxes.
Sec. 10.06. Regulation of rates.
(1) The City Council has the power to fix and regulate the rates, tariffs, and charges
(2) If not satisfied with the sufficiency of evidence, the City Council may hire rate
consultants, auditors and attorneys to investigate and, if necessary, litigate requests
for rate changes, the expense of which shall be reimbursed to the City by the
franchisee.
Sec. 10.07. Licenses.
lawful business, occupation or calling subject to control pursuant to the police powers
of the State of Texas and/or for any other purpose not contrary to the Constitution and
laws of the State of Texas.
Sec. 11.04. Amendment of charter.
the State of Texas.
Sec. 11.06. Submission of charter to electors.
The Charter Commission in preparing this Charter finds and declares that it is
impractical to segregate each subject so that the voter may vote "Yes" or "No" on
ach subject. The Charter is so constructed that in order to enable it to work and
function, it is necessary that it should be adopted in its entirety. For these reasons, the
Charter Commission directs that this Charter be voted upon as a whole.
Sec. 12.0'1. Power to settle tax claims.
taxes.
Sec. 12.09. City council may require bonds.
In addition to any provisions contained herein, the City Council may require any City
official, department director, or City employee, before entering upon his/her duties, to
execute a good and sufficient bond with a surety company doing business in the State
of Texas and approved by the City Council. The premium of such bond shall be paid
by the City.
MEASURE 2
Sec. 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
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.
Sec. 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.
Sec. 12.03. -Notice of claim.
The City shall not be held liable on account of any claim for the death of any person
or injuries to any person or damage to any property unless, the City has actual notice
of said claim or, the person making such complaint or claiming such damages shall,
within ninety (90) days after the time at which it is claimed such damages were
inflicted upon such person or property, file with the City a written statement, under
oath, stating the nature and character of such damages or injuries, the extent of the
same,the place where same happened,the circumstances under which same happened
and the condition causing same, with a detailed statement of each item of damages
and the amount thereof, giving a list of any witnesses known by affiant to have seen
the accident.
MEASURE 3
Sec. 3.08. -Meeting of the city council.
(1) Except for the months of November and December when only one (1) regular
City Council meetng is necessary, cthe City Council shall hold at least two (2)
regular meetings 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.
MEASURE 4
Sec. 3.13. -Passage of ordinances in general.
(1) The City Council shall legislate by ordinance, resolution, or order, and the
enacting clause of every ordinance shall be "Be it ordained by the City Council of the
City of Cibolo, Texas " Each proposed ordinance shall be introduced in the
written or printed form required for adoption. 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, in the form required
for adoption, 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 and, if amended,
shall be available and furnished in amended form for as long as the proposed
ordinance is before the City Council.
Sec. 6.13. - Initiative.
(1) 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 thirty percent (30%) 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.
MEASURE 5
Sec. 14.06. - Penalties.
Any person, who willfully engages in and is found in violation of any of the activities
prohibited in sections 14.02, 14.03, 14.04, Of 14.05 or violates section 14.07 of this
Article, shall be ineligible for appointment or election to a position in the City for a
period of five (5) years from that time. If the person is an officer or employee of the
City at the time of the violation, he/she shall immediately forfeit his/her office or
position, if found in violation.
Sec. 14.07. - Conflict of interest.
For purposes of this Section the term "City Official" means any individual subject to
the requirements of Texas Local Government Code, Chapter 171.
It is hereby prohibited for Members of City Council or a City Official to violate the
rules and regulations regarding conflicts of interests as set out in the Texas Local
Government Code, Chapter 171.
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,
allowed by state law. Any willful violation of this Section shall constitute
malfeasance in office, and any officer found guilty thereof shall forfeit his/her office
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•.• • . . •. _-, - . . •- . :, . . - .. . .
voidable by the City Manager, unless reinstated by the City Managcr or the
affirmative vote of a majority of the full membership of the City Council.
MEASURE 6
Sec. 3.17. - Bond.
The City Council shall require an appropriate level of insurance be purchased for
bends-of all municipal officers and employees who receive monies for or pay out any
monies of the City. The amount of the bends insurance shall be determined by the
City Council, and the cost shall be borne by the City.
MEASURE 7
Sec. 4.01. - City manager.
(3) The City Manager shall be appointed, by, 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,
•
Council may then suspend him/her from duty.
termination be reconsidered, the City Council shall, as soon as practical, meet with
the City Manager in accordance with the Texas Open Meetings Act [Tex.
Government Code, § 551.001 et seq.] 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 requiring three fourths
majority of the City Council shall be taken with regard to the termination of the City
Manager.
MEASURE 8
Sec. 3.01. - Composition.
(1) The "City Council" shall be composed of a "Mayor" and seven (7) "Council
Members" who shall serve for a term of two (2)three (3) years and until their
successor has been elected and duly qualified.
(3) The Mayor of the City shall be elected at large by the qualified voters of the
city and shall meet the qualifications provided for in this Charter. The Mayor and
City Council can serve three(3)two (2) consecutive terms. After the third second
consecutive term, the Mayor or City Council Member shall not be eligible to hold
another office on City Council for a period of one (1) year from the date of the
previous election.
Sec. 3.05. —Vacancies, forfeiture and filling of vacancies.
(3) Filling of Vacancies.
(A) Filling Vacancies. In the event of a vacancy in the City Council, if there are
365 days or more remaining on the term of the vacated City Council office, the City
Council shall call a special election to fill such vacancy. If there are less than 365
days remaining in the term of the vacant City Council office,the City Council may,
by majority vote of the remaining Members of City Council, at its discretion, leave
the office vacant, appoint a new Mayor or Councilmember to fill such vacancy or call
a special election to fill such vacancy
(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.
(B) 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/d)
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
appointment. If the vacated position is that of Mayor Pro Tem,the City Council shall
elect a new Mayor Pro Tern at the next regular meeting.
(C) The City Council shall not have more than two (2) appointed Council Members
shall order a special election 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.
(D) 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('). 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.
Sec. 5.04. - Official results.
1
(1) The City Council candidate for elective office receiving a plurality, meaning
the greatest number of the votes cast shall, be declared the winner. The Mayoral
candidate for elective office receiving a majority, meaning more than fifty (50)
percent, of the votes cast shall be declared the winner. In the event that no Mayoral
candidate receives a majority of all votes cast for any one place at such election, 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 [Tex. Election Code, § 1.001 et
seq.]. At such runoff election, the two (2) candidates receiving the highest number of
votes (or three (3) persons in case of a tie for second place) shall be the candidates in
the final runoff election.
Should Measure Eight (8) be adopted then those individuals elected to Places 1, 4, 5
and 6 in November of 2018 shall serve a three year term to end in the year 2021.
Those individuals elected to Places 2, 3, 7 and the Office of Mayor in November of
2019 shall serve three year terms to end in the year 2022. Thereafter all offices shall
serve for three year terms.
MEASURE 9
Sec. 4.02. - City secretary.
(3) The City Secretary or his/her designee shall:
(A) Give notice of all official public meetings of the City Council, Commissions,
and Boards in a manner consistent with this Charter and state laws;
(B) 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 [Tex. Election Code, § 1.001 et seq.] and any other applicable law.
MEASURE 10
Sec. 5.02. - Filing for office.
(2) Candidates for elective City offices shall meet the following qualifications:
(F) The office of an incumbent elected City official shall become vacant when the
person holding such office files an application to have his/her name placed on an
official ballot as a candidate for any elective public office other than the one such
person holds, unless otherwise prohibited by law; and
MEASURE 11
Sec. 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 said petition
must contain the number of valid signatures totaling at least five percent (05%) of the
qualified voters registered to vote at the last general city election thirty percent (30%)
of the number of votes cast at the last general City election, or four hundred fifty
('150), whichever is greater. As to the Councilpersons elected by District, said petition
shall be signed by qualified voters in such District equal in number to at least thirty
percent (30%) of the number of votes cast within their respective District at the last
general City election, or one hundred 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 12
Sec. 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 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 four hundred fifty (450),
whichever is greater. As to the Councilpersons elected by District, said petition shall
be signed by qualified voters in such District equal in number to at least ten percent
(10%) of the qualified voters registered to vote within their respective District at the
last general city election thirty percent (30%) of the number of votes cast within their
respective District at the last general City election, or one hundred
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 13
Sec. 6.13. - Initiative.
(1) 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 five percent (05%) of the qualified
voters registered to vote at the last general city election thirty percent (30%) 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.
Sec. 6.14. - Referendum.
Qualified voters of the City may require that any ordinance or resolution, with the
exception of ordinances or resolutions appropriating money, levying taxes, fixing
rates and changes for utilities, and ordinances authorizing the issuance of bonds that
have been authorized by a vote of the people, 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 initiative 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.
MEASURE 14
Sec. 6.14. - Referendum.
Qualified voters of the City may require that any ordinance or resolution, with the
exception of ordinances or resolutions appropriating money, levying taxes, fixing
rates and changes for utilities, and ordinances authorizing the issuance of bonds that
have been authorized by a vote of the people, 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 initiative 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.
Sec. 6.16. -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:
MEASURE 15
Sec. 5.05. - Taking of office.
(1) Each newly elected person to the City Council shall be inducted into office at
the earlier of, either, any specially called City Council meeting or the first regular
City Council meeting following the canvass of the election.
SECTION 11. The ballots for the City election shall comply with the Texas Election Code, and
shall have the measures described in Section 10 of this Ordinance stated as Propositions as
follows:
MEASURE 1 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION A
Amendments to the City Charter for efficiency, clarity and eliminating provisions
which are redundant of State Law or other provisions of the Charter.
FOR AGAINST
Measure 2 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION B
Amendments to the City Charter eliminating those provisions which are
inconsistent with or in violation of State Law.
FOR AGAINST
Measure 3 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION C
Amendment to the City Charter authorizing the City Council to hold only one
City Council meeting in the month of November and December.
FOR AGAINST
Measure 4 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION D
Amendment to the City Charter requiring the City Council to legislate by
ordinance.
FOR AGAINST
Measure 5 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION E
Amendments to the City Charter requiring City Council and other officers of the
City to comply with State Law regarding conflicts of interest.
FOR AGAINST
Measure 6 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION F
Amendments to the City Charter requiring City Council to purchase insurance for
all municipal officers and employees who receive monies for or pay out any
monies of the City
FOR AGAINST
Measure 7 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION G
Amendment to the City Charter to provide that the City Manager shall be
appointed and removed by a three-quarters (3/4) vote of the City Council.
FOR AGAINST
Measure 8 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION H
Amendment to the City Charter changing the terms of City Council from two (2)
years to three (3) years, changing consecutive terms City Council may serve from
three consecutive terms to two consecutive terms and requiring that a candidate
must receive a majority of the votes cast to be elected.
FOR AGAINST
, Measure 9 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION I
Amendment to the City Charter authorizing the City Secretary to designate
individuals to assist with his or her duties.
FOR AGAINST
Measure 10 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION J
Amendment to the City Charter deleting the requirement that a City Council
Member must vacate their seat on City Council when they file an application to
have their name placed on an official ballot as a candidate for any elective public
office other than the one they hold.
FOR , AGAINST
Measure 11 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION K
Amendment to the City Charter changing the requirements for recall petitions
concerning the Mayor from thirty percent(30%) of the number of votes cast at the
last general City election, or four hundred fifty (450), whichever is greater to at
least five percent (05%) of the qualified voters registered to vote at the last
general city election.
FOR AGAINST
Measure 12 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION L
Amendment to the City Charter changing the requirements for recall petitions
concerning the City Council members from thirty percent (30%) of the number of
votes cast within their respective District at the last general City election, or one
hundred fifty (150), whichever is greater to ten percent (10%) of the qualified
voters registered to vote within their respective District at the last general city
election.
FOR AGAINST
Measure 13 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION M
Amendments to the City Charter changing the requirements for initiative and
referendum petitions from thirty percent (30%) of the number of votes cast at the
last general City election to five percent (05%) of the qualified voters registered
to vote at the last general city election.
FOR AGAINST
Measure 14 shall be placed on the ballot in the form of the following
Proposition:
•
PROPOSITION N
Amendments to the City Charter removing resolutions from the field of
referendum.
FOR AGAINST
Measure 15 shall be placed on the ballot in the form of the following
Proposition:
PROPOSITION 0
Amendments to the City Charter providing that a newly elected member of City
Council shall be inducted at the earlier of either any specially called City Council
meeting or the first regular City Council meeting following the canvass of the
election.
FOR AGAINST
SECTION 12. This ordinance shall be effective upon passage.
PASSED AND APPROVED THIS P-7/ DAY OF ig v y v s z� 2018.
APPROVED:
„,--0
- Stosh Boyl-;Mayor
ATTEST: = -
/ &Pz-e-V,
Peggy Cimics, TRMC
City Secretary