HomeMy WebLinkAbout1971 10 16 Originally Adopted Charter462-3323
109
WILLOWICK,
FRIENDSWOOD,
TEXAS
77546
MAYOR
EDWARD F. STUART
COUNCILMEN
RALPH G. GONZALEZ
RONALD G. HAMIL
RALPH L. LOWE
CERTIFICATE JAMES E. MAGER
WILLIAM B. PATTON
CITY ADMINISTRATOR
S T A T E OF TEXAS
L. B..0CLILINE
COUNTY OF GALVESTON SECRETARY
BOBBIE C. HENRY
CITY OF FRIENDSWOOD
I, the undersigned, Edward F. Stuart, Mayor of the City
of Friendswood, Texas, do hereby certify that the attached is a true and
correct copy of the Friendswood City Charter, adopted by a majority of
the voters at an election held on October 16, 19716
GIVEN UNDER MY HAND AND THE OFFICIAL SEAL OF THE CITY OF
FRIENDSWOOD, TEXAS this 21st day of October 1971.
EdwWard F. Stuart, Mayor
City of Friendswood, Texas
Copy mailed to Secretary of State on November 38 1971.
41
PROPOSED CHARTER
for the
CITY'OF F R I E N D S W 0 0 D
Presented by:
THE CHARTER COMMISSION
(Elected June 20, 1970)
To
THE MAYOR, CITY COUNCIL
and the
CITIZENS OF FRIENDSWOOD, TEXAS
on
July 20, 1971,
and
To Be Voted Upon At a
SPECIAL ELECTION
To Be Held
SATURDAY, OCTOBER 16, 1971
July 20, 1971
The Honorable Edward F. Stuart, Mayor
City of Friendswood
109 Willowick
Friendswood, Texas (77546)
Dear Mr. Stuart:
The Charter Commission, elected by the people of Friends -
wood on June 20, 1970, is pleased to forward two notarized copies plus
seven (7) other copies of the proposed home rule charter for the City
of Friendswood.
The Commission organized into executive and study groups to
pursue the task of preparing a charter, and during the past year has
extensively investigated the matters contained in the proposed charter.
We gave consideration to past experience of Friendswood and others,
and received advice from management and legal professionals; also we
sought and received valuable suggestions from citizens of the community.
Our objective has been to propose a charter which has lasting value,
rather than limiting it to the present. As a result we firmly believe
that the proposed charter is a composite of the best possible provisions,
and will permit the City to operate more effectively for the benefit of
all the citizens of this growing community.
Pursuant to Article XI, Section 11.10 and in accordance with
the statutes of the State of Texas, we,
1. designate
Saturday, October 16,
1971,
as the date for
submission
of the charter
to
the
voters;
2, request that a printed copy of the charter be mailed by
the City Secretary to each voter on the official list
of registered voters, not later than thirty (30) days
prior to the election.
We
urge
you and
the
Council
to endorse
the proposed charter
and recommend
its
adoption
by
the citizens
of Friendswood.
The Honoraole Edward F. Stuart
July 20, 1971
Page 2 of 2
We thank you, the Council, and the City staff for your
cooperation in making our task easier,
is done!
The Charter Commission has completed the task, our work
Respectfully submitted,
The Charter Commission:
J. Anthony Banfield Leah P. North
James H. Chappee E. Bob Stewart
Frank S. Coe G. D. Taliaferro
Samuel H. Hill J. E. Taylor
Edwin W. Hoskins Loren E. Wood
J. A. Lawrence Edward 0. Zeitler
S. M. Luczkowski
H. William Prengle, Chairman
Jeo Be Hurt, Secretary
Sworn to and subscribed before me this, day o , 19
My Commission expires June 1, 1973 in and for Gal(v s/on ounty.aa
. u. cline, ivozary ruoi�c
�tl
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ri
CHARTER
OF THE
CITY OF FRIENDSWOOD
TEXAS
TABLE OF CONTENTS:
I'771:1u13�1
ARTICLES
I. INCORPORATION, FORM OF GOVERNMENT & BOUNDARIES
1.01 Incorporation
1.02 Form of Government
1.03 Boundaries
PAGE
0
0
1
1
2
II. POWERS OF THE CITY 3
2.01
General
Powers
3
2.02
Change
of Boundaries and Annexation of Territory
3
2.03
Eminent
Domain
4
2.04
Streets
and Public Property
5
2.05
Street
Development and Improvements
5
2.06
Tort Liability
6
2.07
Zoning
6
III. THE CITY COUNCIL 7
3.01
Number, Selection and Term
7
3.02
Qualifications
7
3.03
Judge of Election Qualifications
7
3.04
Compensation
7
3.05
Mayor and Mayor Pro-Tem
8
3.06
Vacancies, Forfeiture, Filling of Vacancies
8
3.07
General Powers and Duties
9
3.08
Prohibitions
9
3.09
Meetings of Council
10
3.10
Rules of Procedure
10
3.11
Ordinances in General
10
3.12
Emergency Ordinances
12
3.13
Codes of Technical Regulations
12
3.14
Authentication and Recording, Codification,
Printing
13
3.15
Bonds for City Employees
14
3.16
Investigation by The City Council
14
i
1►1
ADMINISTRATIVE SERVICES
I7![eT
15
4.01
City Manager
15
4.02
Municipal Court
16
4.03
City Attorney
17
4.04
City Secretary
17
4.05
Administrative Departments
18
4.06
Personnel System
18
INITIATIVE, REFERENDUM & RECALL 21
5.01
General Authority
21
5.02
Initiation of Proceedings;
Petitioners' Committee;
Affidavit
21
5.03
Petitions
22
5.04
Determination of Sufficiency
23
5.05
Referendum Petitions;
Suspension of Effect of
Ordinance
24
5.06
Action on Petitions
25
5.07
Results of Election
25
5.08
Power of Recall
26
5.09
Recall Election
26
5.10
Results of Recall Election
26
5.11
Limitation on Recall
26
5.12
Public Hearing
27
5.13
Failure of Council to
Call an Election
27
VI. NOMINATIONS AND ELECTIONS 28
6.01
City Elections
28
6.02
Filing for Office
2II
6.03
Official Ballots
29
6.04
Canvassing and Election Results
30
6.05
Oath of Office
31
VII. TAX ADMINISTRATION 32
7.01
Division of Tax
Administration
32
7.02
Power to Tax
32
7.03
Assessment of Property
for Tax Purposes
32
7.04
Board of Equalization;
Appointment, Qualification
33
7.05
Taxes, When Due
and Payable
35
7.06
Tax Liens and Liabilities
35
7.07
Joint Interest in
Property
36
7.08
Arrears of Taxes
Offset to Debt Against City
36
7.09
Tax Remission Discount
and Compromise, Correction
of error
37
7.10
Other Rules and
Regulations
37
ii
PAGE
VIII. FINANCIAL ADMINISTRATION 38
8.01 Fiscal Year 38
8.02 Public Record 38
8.03 Annual Budget 38
8.04 Amendments After Adoption 40
8.05 Borrowing for Capital Improvements 41
8.06 Lapse of Appropriations 42
8.07 Administration of Budget 42
8.08 Purchasing 43
IX. FRANCHISES AND PUBLIC UTILITIES 44
9.01 Powers of the City 44
9.02 Power to Grant Franchise 44
9.03 Ordinance Granting Franchise 44
9.04 Grant Not to be Exclusive 44
9.05 Transfer of Franchise 44
9.06 Franchise Value Not to be Allowed 45
9.07 Right of Regulation 45
9.08 Extensions 46
9.09 Regulation of Rates 46
9.10 Public Service Corporations to File Annual Reports 46
9.11 Accounts of Municipally Owned Utilities 47
9.12 Sales of Municipal Services 47
9.13 Franchise Records 48
TRANSITIONAL PROVISIONS 49
10.01 Schedule 49
10.02 Officers and Employees 49
10.03 Effect of Charter on Existing Law 50
10.04 Pending Matters 50
10.05 Franchises 50
XI. GENERAL PROVISIONS 51
11.01 Public Records 51
11.02 Official Newspaper 51
11.03 Personal Financial Interest 51
11.04 Nepotism 52
11.05 Assignment, Execution, and Garnishment 52
11.06 Security or Bond not Required 52
11.07 Separability Clause 52
11.08 Amending the Charter 53
11.09 Charter Review Commission 53
11.10 Submission of Charter to Voters 54
Index
iii
55
CHARTER
OF THE
CITY OF FRIENDSWOOD
TEXAS
PREAMBLE
Good government can only 6e defined as that which is wholly
and justly participated in by the people who are under its jurisdic-
tion. For that purpose the citizens of Friendswood, in exercising
their rights of self-government, do ordain the provisions set forth
in the ensuing Charter of this City. This is just one more step of
progress by the people of Friendswood.
ARTICLE I
INCORPORATION, FORM OF GOVERNMENT & BOUNDARIES
Section 1.01 Incorporation
The inhabitants of the City of Friendswood, Galveston County,
Texas, resng wn its corporate limits as heretofore or hereafter
established, are hereby constituted and shall continue to be a municim
pal body politic and corporate in perpetuity under the name of the
"CITY OF FRIENDSWOOD", hereinafter referred to as the "City" with such
powers, privileges, rights, duties and immunities as are herein pro-
vided.
Section 1.02 Form of Government
The municipal government provided by this charter shall con-
sist of a Mayor and Councilmen, elected by the people and responsible
to the people, and a City Manager, appointed by and responsible to the
Council for proper administration of the affairs of the City. Pursuant
to its provisions and subject only to the limitations imposed by the
state constitution and by this charter, all powers of the City shall be
vested in the elected Mayor and Councilmen, who shall enact local
legislation, adopt budgets, and determine policies. All powers of the
City shall be exercised in the manner prescribed by this charter, or if
not prescribed, then as may be prescribed by ordinance.
Section 1.03 Boundaries
The bounds and limits of the City of Friendswood, Texas are
hereby established and described as being those boundaries heretofore
established in the original incorporation proceedings of the said
City of Friendswood, Texas, filed of record on November 14, 1960 in
the office of the Clerk of the County Court of Galveston County, Texas
and those boundaries established and changed thereafter in all annex-
ation ordinances and proceedings of the City of Friendswood, Texas.
c2)
ARTICLE II
POWERS OF THE CITY
Section 2.01 General Powers
The City shall have all the powers granted to cities by the
Constitution and Laws of the State of Texas together with all of the
implied powers necessary to execute such granted powers. The City may
use a corporate seal; may sue and be sued; may contract and be contract-
ed with; may cooperate with the government of the State of Texas or any
agency or any political sub -division thereof; or with the federal
government or any agency thereof, to accomplish any lawful purpose for
the advancement of the interest, welfare, health, morals, comfort, safety,
and convenience of the City and its inhabitants; may acquire property
within or without its corporate limits for any municipal purpose in fee
simple, or in any lesser interest or estate, by purchase, gift, devise,
lease or condemnation, and, subject to the provisions of this charter,
may sell, lease, mortgage, hold, manage, improve, and control such
property as may now or hereafter be owned by it; may pass ordinances and
enact such regulations as may be expedient for the maintenance of good
government, order and peace of the City and the welfare, health, morals,
comfort, safety, and convenience of its inhabitants. The powers hereby
conferred upon the City shall include, but are not restricted to, the
powers conferred expressly and permissively by Chapter 147, Page 307,
of the Acts of the 33rd Legislature, Regular Session enacted in 1913
pursuant to the Home Rule Amendment of the Constitution of Texas, known
as the Enabling Act and including Articles 1175, 1176, 1177, 1178, 1180,
of Vernon's Annotated Civil Statutes of Texas, as now or hereafter
amended, all of which are hereby adopted. In addition to the powers
enumerated herein, and subject only to the limitations imposed by the
State Constitution, the State Laws, and this charter, the City shall
have without the necessity of express enumeration in this charter, each
and every power which, by virtue of Article XI, Section 5 of the Consti-
tution of Texas, the people of the City are empowered by election to
grant to or confer upon the City by expressly and specifically granting
and enumerating the same herein.
Section 2.02 Change of Boundaries and Annexation of Territory
The Council shall have the power by ordinance to fix the
boundary limits of the City, and to provide by ordinance for the annexa-
tion of additional territory lying adjacent to the City with or without
the consent of the inhabitants or owners of the territory to be annexed.
The Council shall have the power to detach by ordinance any territory
with or without the consent of the inhabitants or owners of such area
to be detached. Such annexation or detachment of any such territory
(3)
I
shall be in accordance with the provisions of Chapter 160, Page 447,
Acts of 1963, 58th Legislature, as the same is now or may hereafter be
amended, same being Article 970a, Revised Civil Statutes of Texas,
entitled the Municipal Annexation Act; and upon the final passage of
any such ordinance, the corporate limits of the City shall thereafter
include the territory so annexed; and when any additional territory has
been so annexed, same shall be a part of the City and the property
situated therein shall bear its prorata part of the taxes levied by
the City, and the inhabitants thereof shall be entitled to all the rights
and privileges of all citizens, and shall be bound by the acts and
ordinances, resolutions and regulations of the City.
Should any property situated within the City limits, or within
the extra territorial jurisdiction of said City, as established or as
may hereafter be established, be platted into blocks and lots, the owner
or owners of said property shall comply with all the provisions of
Article 974a of the Vernon's Annotated Civil Statutes of Texas, as
amended, being Acts of 1927, 40th Legislature, Page 342, Chapter 231
as now or hereafter may be amended; the provisions of which act and
article are herein especially and specifically adopted by the vote of
the qualified voters of the City.
In addition to the power to annex all additional property for
all purposes, the City shall have the power by ordinance to fix, alter
and extend the corporate boundary limits of the City for the limited
purposes of planning and zoning and sanitation and health protection.
Section 2.03 Eminent Domain
The City shall have the full right, power, and authority to
exercise the power of eminent domain when necessary or desirable to
carry out any of the powers conferred upon it by this charter, or by
the Constitution or Laws of the State of Texas. In all cases where the
City seeks to exercise the power of eminent domain, it may be controlled,
as nearly as practicable, by the laws governing the condemnation of
property of railroad corporations in this state, the City taking the
position of the railroad corporation in any such case. The City may
also exercise the power of eminent domain in any other manner authorized
or permitted by the constitution and laws of this state, or in the
manner and form that shall be provided by ordinance of the governing
body of the City. The power of eminent domain hereby conferred shall
include the right of the City to take the fee in the lands so condemned
and such power and authority shall include the right to condemn public
property for such purposes. The City shall have and possess this power
for condemnation for any municipal or public purpose, even though not
specifically enumerated herein or in this article.
�4)
Section 2.04 Streets and Public Property
The City shall have exclusive dominion, control and juris-
diction in, upon, over and under the public streets, sidewalks, alleys,
highways, public squares and public ways within the corporate limits
of the City, and in, upon, over, and under all public property of the
City. With respect to each and every public street, sidewalk, alley,
highway, public square, public park or other public way within the
corporate limits of the City, the City shall have the power to establish,
maintain, improve, alter, abandon, or vacate the same; to regulate the
use thereof including but not limited to the right to erect traffic
signals, lights and signs thereon; and to abate and remove in a summary
manner any encroachment thereon. The conveyance or lease or authoriza-
tion of the conveyance or lease of any lands of the City shall be by
ordinance.
Section 2.05 Street Development and Improvements
The City shall have -the power to develop and improve, or
cause to be developed and improved, any and all public streets or ways
within the corporate limits of the City by laying out, opening, narrow-
ing, widening, straightening, extending, lighting, and establishing
building lines along the same; by purchasing, condemning, and taking
property therefor; by filling, grading, raising, lowering, paving,
repaving, and repairing, in a permanent manner, the same; and by con-
structing, reconstructing, altering, repairing, and realigning curbs,
gutters, drains, sidewalks, culverts, and other appurtenances and
and incidentals in connection with such development and improvement
authorized hereinabove, or any combination or parts thereof. The cost
of such development and improvement may be paid partly by assessments
levied as a lien against the property abutting thereon and against the
owners thereof, and such assessments may be levied in any amounts and
under any procedure not prohibited by State Law but such assessment
may not be levied in amounts in excess of 33-1/3% of the cost of such
improvements for property abutting one side of said street or way or
66-2/3% of the cost of such improvements for property abutting both
sides of said street or way; provided that said property owner shall
have five (5) years within which to pay such assessment if requested
by the owner, said amounts to be payable in 5 equal yearly payments
plus accrued interest on any balance at the rate of 6% per year.
If improvements be ordered constructed in any such area used
or occupied by the tracks or facilities of any railroad or public
utility, then the City Council shall have power to assess the whole
cost of improvements in such area and the added costs of improvements
in areas adjacent thereto made necessary by such use or occupancy
against such railway or utility, and shall have power, by ordinance,
to provide for the enforcement of such assessment.
(5)
When the City undertakes developing, improving, and paving
any and all public streets, sidewalks, alleys, highways, and other
public ways within its corporate limits, the City shall have the power
and authority to proceed in accordance with Chapter 106, Page 489,
Acts 1927, Fortieth Legislature, First Call Session, as now or here-
after amended, the same being Article 1105b of the Vernon's Annotated
Civil Statutes of Texas, except as modified by assessment procedures
as specified above,
Section 2.06 Tort Liability
Before the City shall be liable for damages for the death or
personal injuries of any person or for damages to or destruction of
property of any kind, which does not constitute a taking or damaging
of property under Article I, Section 17, Constitution of the State of
Texas, the person injured, if living, or his representatives, if
deceased, or the owner, his agent or attorney of the property damaged
or destroyed shall give the City Manager of City Secretary notice in
writing of such death, injury, damage or destruction, duly verified by
affidavit, within thirty (30) days after same has been sustained,
stating specifically in such written notice when, where, and how the
death, injury, damage or destruction occurred, and the apparent extent
of any such injury, the amount of damages sustained, the actual residence
of the claimant by street and number at the date the claim is presented,
the actual residence of such claimant for six (6) months immediately
preceding the occurrence of such death, injury, damage or destruction, --
and the names and addresses of all witnesses upon whom it is relied
to establish the claim for damages. No action at law for damages shall
be brought against the City for such death, injury, damage or destruction
prior to the expiration of sixty (60) days after the notice hereinbefore
described has been filed with the City Manager or the City Secretary.
After the expiration of the sixty days aforementioned, the complainant
may then have two years in which to bring an action of law.
Section 2.07 Zoning
The Council shall have full
power and
authority to
zone the
City
and
to pass all necessary ordinances,
rules
and regulations
governing
the same under and by virtue
of the authority
given
to cities
and legislative
bodies thereof by Articles
1011a
through 1011j
of the
1925
Revised
Civil Statutes of Texas as
amended,
being Acts of
1927,
40th
Legislature,
chapter 283 and all
amendments
thereto and
amendments
which
may
hereafter be made thereto.
(6)
ARTICLE III
THE CITY COUNCIL
Section 3.01 Number, Selection and Term
The Council shall be composed of the Mayor and six (6)
Councilmen. The Mayor and all Councilmen shall be elected from the
City at large, and each Councilman shall occupy a position on the
Council, such positions being numbered 1 through 6 consecutively.
The Mayor and Councilmen shall be elected in the manner provided in
Article VI of this Charter to serve for two (2) year terms.
At the first general election held under this charter, and
each even numbered year thereafter, the Mayor and three (3) Council
men shall be elected, with the Councilmen filling positions 1, 3,
and 5. The following year, and each odd numbered year thereafter,
three (3) Councilmen shall be elected to fill positions 2, 4, and 6.
Section 3.02 Qualifications
In addition to any other qualifications prescribed by law,
the Mayor and each Councilman shall meet the conditions of Section
6.02A, items 1, 2, and 3 while in office, and shall reside within
the City while in office.
Section 3.03 Judge of Election Qualifications
The Council shall be the final judge of all elections and
of qualifications of its members and any other elected officials of
the City.
Section 3.04 Compensation
Members of the Council shall serve without compensation;
provided, however, that they shall be entitled to all necessary ex-
penses incurred in the performance of their official Council duties
upon approval by the Council.
(7)
Section 3.05 Mayor and Mayor Pro-Tem
The Mayor shall be the official head of the City govern
ment. He shall be the chairman and shall preside at all meetings of
the Council. The Mayor may vote on every proposition before the
Council, but shall have no power of veto. He shall see that all
ordinances, bylaws, and resolutions of the Council are faithfully
obeyed and enforced. He shall, when authorized by the Council, sign
all official documents such as ordinances, resolutions, conveyances,
grant agreements, official plats, contracts, and bonds. He shall
appoint special committees as he deems advisable and as instructed
by Council. He shall perform such other duties consistent with this
charter or as may be imposed upon him by Council.
The Mayor Pro-Tem shall be a Councilman elected by the
Council at the first regular Council meeting following each regular
City election. The Mayor ProJem shall act as Mayor during the
disability of the Mayor, and in this capacity shall have the rights
conferred upon the Mayor.
Section 3.06 Vacancies, Forfeiture, Filling of Vacancies
A. Vacancies: The office of a Councilman or office of the
Mayor shall become vacant upon his death, resignation,
removal from office in any manner authorized by law, or
forfeiture of his office.
B. Forfeiture of Office: A Councilman or the Mayor shall
WWI. his office if he:
1e lacks at any time during his term of office any
qualification for the office prescribed by this
charter or by law,
24 violates any express prohibition of this charter,
3e is convicted of a crime involving moral turpitude, or
4* fails to attend three (3) consecutive regular Council
meetings without being excused by the Council.
C. Filling of Vacancies: A single vacancy in the Council
shall be filled within thirty days of the occurrence of
the vacancy by a majority vote of the remaining members of
the Council by selection of a person qualified for the
position as described in this charter. This appointee
shall serve until the position can be filled at the next
regular City election.
When more than one vacancy shall develop at any one time,
a special election shall be called by the Council within thirty (30)
days following the occurrence of the vacancies to fill the vacancies
in the same manner as described herein for regular elections, How-
ever, if such vacancies occur within one hundred twenty (120) days
of a regular election, then no special election shall be called and
the remaining Council members shall appoint qualified persons to fill
the vacancies until the regular election,
Notwithstanding the requirement in Section 3.10 that a
quorum of the Council consists of four members, if at any time the
membership of the Council is reduced to less than four, the remain-
ing 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 regular or special City election.
Section 3.07 General Powers and Duties
All powers of the City shall be vested in the Council,
except as otherwise provided by law or this charter, and the Council
shall provide for the exercise thereof and for the performance of all
duties and obligations imposed on the City by law.
Section 3.08 Prohibitions
A. Holding Other Office; Except where authorized by law, no
Mayor or Councilman shall hold any other City office or
City employment during his term as Mayor or Councilman,
and no former Mayor or Councilman shall hold any compen-
sated appointive City office or City employment until one
year after the expiration of his term as Mayor or Council-
man.
B. Appointments and Removals: Neither the Council or any of
its members shall in any manner dictate the .appointment or
removal of any City administrative officers or employees
whom the Manager or any of his subordinates are empowered
to appoint, but the Council may express its views and fully
and freely discuss with the Manager anything pertaining to
appointment and removal of such officers and employees,
C. Interference with Administration: Except for the purpose
of inquiries and investigations under Section 3,16, the
Council or its members shall deal with City officers and
employees who are subject to the direction and supervision
of the Manager solely through the Manager, and neither the
(g)
Council
nor its
members
shall give
orders to any such
officer
or employee,
either
publicly
or privately,
Section 3.09 Meetings of Council
The Council shall hold at least two regular meetings each
month and as many additional meetings as it deems necessary to trans-
act the business of the City and its citizens. The Council shall fix,
by ordinance, the days and time of the regular meetings. All meetings
of the Council shall be held at the City Hall of Friendswood, and all
meetings shall be open to the public; however, the Council may recess
to an executive session for the purpose of (1) deliberations to con-
sider the appointment, employment or dismissal of a public officer or
employee or to hear complaints or charges brought against such
officer or employee unless such officer or employee requests a
public hearing; (21 deliberations pertaining to the acquisition of
additional real property; or (3) deliberations on matters affecting
security; provided that the general subject matter for consideration
is expressed in the motion calling for such session and that final
action thereon shall not be taken by the Council until the matter is
placed on the agenda and a vote taken in an open meeting. Special
meetings of the Council shall be held on the call of the Mayor or of
four or more Council members and, whenever practicable, upon no less
than twelve hours notice to each member.
Section 3.10 Rules of Procedure
The Council shall, by ordinance, determine its own rules
and order of business and the rules shall provide that citizens of
the City shall have a reasonable opportunity to be heard at any meet-
ing in regard to any matter under consideration. The Council shall
provide for minutes being taken and recorded of all meetings, and
such minutes shall be a public record. Voting, except on procedural
motions, shall be by roll call and the ayes and nays shall be
recorded in the minutes. Four Council members shall constitute a
quorum for the purpose of transaction of business and no action of
the Council, except as provided in Section 3,06, shall be valid or
binding unless adopted by the affirmative vote of four or more mem�
hers of the Council.
Section 3.11 Ordinances in General
Form; The 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 FRIENDSWOOD,
STATE OF TEXAS." Each proposed ordinance shall be
introduced in the written or printed form required for
adoption, No ordinance shall contain more than one subject,
which shall be clearly expressed in its title, but 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 re
pealed except by the adoption of another ordinance amending
or repealing the original ordinance. Except when an ordiw
Hance is repealed in its entirety, the amendatory or re-
pealing ordinance shall set out in full the ordinance,
sections, or subsections to be amended or repealed, and
shall indicate matter to be omitted by enclosing it in
brackets and shall indicate new matter by underscoring.
B. Procedure: Any member of Council may offer any ordinance
in writing that he desires after it has been approved by
the City Attorney as to form, and has been placed on the
agenda of a regular Council meeting. Copies of the proposed
ordinance, in the form required for adoption, shall be fur
nished to members of Council a minimum of one week before
first reading. Copies of the proposed ordinance, in the
form required for adoption, shall be posted at the City Nall
and at least one other public place as shall be designated
by ordinance and shall be furnished to citizens, upon re-
quest to the City Secretary, beginning one week before first
reading and, if amended, shall be posted and furnished in
the amended form beginning one week prior to the first
reading and for as long as the proposed ordinance is before
Council.
The City Attorney shall review all proposed ordinances prior
to first reading and shall make any suggestions and/or
objections to the said ordinance in writing to the City
Council.
A proposed ordinance, except an emergency and/or a budget/tax
ordinance, shall be read on three regular Council meetings,
with at least two weeks elapsing between each reading. A
proposed ordinance may be amended at any reading, but any
ordinance amended shall automatically be placed again on
first reading at a subsequent meeting. Emergency ordinances
shall be passed in accordance with Section 3.12 and budget/
tax ordinances in accordance with Section 8,03.
C. Effective Date: Every ordinance shall become effective
upon adoption, or at any later time specified in the
ordinance, except that every ordinance imposing any penalty,
fine, or forfeiture shall become effective after having
Ueen published in its entirety once in the official City
newspaper.
Reading; In the case of first and second readings, when
they are not the final reading (as in emergency ordinances),
the reading aloud of the title of the ordinance shall suffice
as a reading, provided printed copies of the ordinance, in
the form required for adoption, are in front of all members
of Council and a reasonable number of additional copies are
available to citizens present at the meeting, If two
Councilmen request that the ordinance be read in its
entirety, it must be so read. On third or final reading,
the ordinance must be read aloud, fully and distinctly,
before it may be adopted.
Section 3,12 Emergency Ordinances
To meet a public emergency affecting life, health, property,
or the public peace, the Council may adopt emergency ordinances. 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
in Art. VIII, Section 8.04B. An emergency ordinance shall be intro-
duced in the form and manner generally prescribed for ordinances,
except that it 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 it in clear and
specific terms. Such emergency clause shall require the affirmative
vote of five members elected to Council. An emergency ordinance may be
adopted with or without amendment or rejected at the meeting at which
it is introduced. The affirmative vote of five members elected to
Council shall be required for adoption. After adoption, the ordinance
shall be numbered as required for other adopted ordinances, with the
designation of "E" following the number. After adoption, the ordinance
shall be published as required for other adopted ordinances and shall
become effective in the same manner. Every emergency ordinance so
adopted, except one authorizing the borrowing of money as described
herein, shall automatically stand repealed as of the sixty first day
following the day on which it became effective, but this shall not
prevent re-enactment of the ordinance.
Section 3,13 Codes of Technical Regulations
The Council may adopt any standard code of technical
regulations by reference thereto in an adopting ordinance. The pro-
cedure and requirements governing such an adopting ordinance shall be
(12)
as prescribed for ordinances generally except that;
A, the requirements of Section 3.12 for distribution and filing
of copies of the ordinance shall be construed to include
copies of the code of technical regulations as well as of
the adopting ordinances, and
B, a copy of each adopted code of technical regulations as well
as of the adopting ordinance shall be authenticated and re-
corded by the City Secretary pursuant to Section 3.14 A.
Copies of any adopted code of technical regulations shall be
made available by the City Secretary for distribution or for purchase
at a reasonable price,
Section 3,14 Authentication and Recording, Codification, Printing
A, Authentication and Recording: The City Secretary shall
authenticate by his signature and record in full in a
properly indexed book kept for the purpose, all ordinances
and resolutions adopted by the Council. All ordinances
shall be numbered numerically and consecutively in the order
in which adopted. This record shall be open for public
inspection.
Codification: Within one year after adoption of this
charter and at least every ten years thereafter, the Council
shall provide for the preparation of a general codification
of all general ordinances of the City. Every general ordi-
nance enacted subsequent to such codification shall be
enacted as an amendment to the code. For the purposes 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. The codification shall
be adopted by the Council by ordinance and shall be pub-
lished promptly in bound or loose-leaf form, together with
this charter and any amendments thereto, pertinent provim
sions of the constitution and other laws of the state of
Texas, and such codes of technical regulations and other
rules and regulations as the Council may specify, This
compilation shall be known and cited officially as the
Friendswood 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 ordi-
nances when they are published as a code. Copies of the
code shall be furnished to City Officers, placed in libraries
(13)
and public offices for free reference and made available
for purchase by the public at a reasonable price fixed by
the Council,
C, Printing of Ordinances and Resolutions: The Council shall
cause each ordinance and each amendment to this charter to
be printed promptly following its adoption, and the printed
ordinances and charter amendments shall be distributed or
sold to the public at reasonable prices to be fixed by the
Council. Following publication of the first Friendswood
City Code and at all times thereafter, the ordinances and
charter amendments shall be printed in substantially the
same style as the code currently in effect and shall be
suitable in form for integration therein. The Council shall
make such further arrangements as it deems desirable with
respect to reproduction and distribution of any current
changes in or additions to the provisions of the constitu�
tion and other laws of the State of Texas, or the codes of
technical regulations and other rules and regulations in"
eluded in the code,
Section 3.15 Bonds for City Employees
The Council shall require bonds of all municipal officers
and employees who receive or pay out any monies of the City. The
amount of such bonds shall be determined by the Council and the cost
thereof shall be borne by the City.
Section 3.16 Investigation by the City Council
The Council may make investigations into the affairs of the
City and the conduct of any City department, division, or office and
for this purpose may subpoena witnesses, administer oaths, take testi"
mony and require the production of evidence. Any person who fails or
refuses to obey a lawful order issued in the exercise of these powers
by the Council shall be guilty of a misdemeanor and subject to a fine
which shall have been set, by ordinance, by the Council.
ARTICLE IV
ADMINISTRATIVE SERVICES
Section 4.01 City Manager
Appointment and Qualifications: The Council by majority
vote of entire council shall appoint a City Manager. The
method of selection shall be left to the discretion of the
City Council so long as the method insures orderly, non-
partisan action toward securing a competent and qualified man
to fill the position. The City Manager shall be chosen solely
upon the basis of his executive and administrative training,
experience and ability and need not when appointed be a
resident of the City of Friendswood; however, during the
tenure of his office he shall reside within the City. The
City Manager shall be bonded at City expense in an amount of
not less than ten thousand ($10,000) dollars.
B, Compensation: The Gity Manager shall receive compensation
as may be fixed by the Council according to his experience,
education and training. The compensation should be agreed
upon before appointment with the understanding that the Council
may change it at their discretion.
Term and Removal: The City Manager shall not be appointed
for a definite term but may be removed at the discretion of
the Council, by vote of the majority of the entire Council.
The action of the Council in suspending or removing the City
Manager shall be final. It is the intention of this charter
to vest all authority and fix all responsibilities of such
suspension or removal in the Council.
D. Powers and Duties: The City Manager shall be responsible to
the Council for the proper administration of all the affairs
of the City and to that end shall have the power and be re-
quired to:
1. See that all state laws and City ordinances are effectively
enforced.
2. Appoint, suspend or remove all or any one of the directors
of departments with the concurrence of the Council.
3. Attend all meetings of the Council except when excused
by Council.
4. Prepare
the budget
annually
and
submit
it
to the
Council
and be
responsible
for its
administration
after its
adoption.
5. Prepare and submit to the Council at the end of the fiscal
year a complete report on the finances and administrative
activities of the City for the preceding year.
6, Keep the Council advised of the financial condition and
future needs of the City and make such recommendations
as may seem to him advisable,
7. Perform such other duties as may be prescribed by this
Charter or required of him by the Council, as consistent
with this Charter.
E. Acting City Manager: The City Manager, within thirty (30)
days after taking office, shall designate by letter filed with
the City Secretary, a qualified administrative officer of the
City to perform the duties of the City Manager in his absence
or disability. Such designation shall be subject to approval
by Council. No member of Council shall serve as Acting City
Manager,
Section 4.02 Municipal Court
A. There shall be established and maintained a court, designated
as a "Municipal Court" for the trial of misdemeanor offenses,
with all such powers and duties as are now, or may hereafter
be prescribed by laws of the State of Texas relative to munici-
pal courts.
B, The judge of said court shall be appointed by Council to serve
at the discretion of the Council. He shall be an attorney
licensed and practicing in the State of Texas and shall receive
such salary as may be fixed by the Council.
C, There shall be a clerk of said court appointed by the City
Manager with the concurrence of the Council.
D. The clerk of said court and deputies shall have the power to
administer oaths and affidavits, make certificates, affix the
seal of said court thereto, and generally do and perform any
and all acts usual, and necessary to be performed, by the
clerks of courts, in issuing process of said courts, and
conducting the business thereof.
E. In case of the disability or absence of the Judge of the
Municipal Court, the Council shall appoint a qualified person
as provided in B. above to act in his place.
(16)
f. All costs and fines imposed by the Municipal Court shall be
paid into the City Treasury for the use and benefit of the
City.
Section 4,03 City Attorney
The Council shall appoint a competent and duly qualified and
licensed attorney practicing law in the State of Texas, who shall be
the attorney for the City (and may also be referred to as City Attorney).
He shall receive for his services such compensation as may be fixed
by the Council and shall hold his office at the pleasure of the Council.
The City Attorney shall be the legal adviser of, and attorney for, all
of the offices and departments of the City, and he shall represent the
City in all litigation and legal proceedings; provided, that the Council
may retain special counsel at any time they deem same appropriate and
necessary. He shall review and concur or dissent upon all documents,
contracts, and legal instruments in which the City may have an interest.
The City Attorney shall perform other duties prescribed by this charter,
ordinance, or as directed by Council.
Section 4,04 City Secretary
The Council shall appoint a City Secretary who shall act as
the Secretary to the Council and shall hold office at the pleasure of
the Council. He shall be provided an office in the City Hall sufficient
to maintain the records entrusted to his care and shall be entitled to
a seat at the council table at all official meetings.
A. Duties of the City Secretary: The duties of the City Secretary
shall be as follows:
1. Record the minutes of all official meetings of the Council;
provided, however, only the captions of duly enacted
ordinances and resolutions shall be recorded in the minutes.
2. Be the custodian of all municipal records of the Council.
3, Recommend to the Council rules and regulations to be adopted
by ordinances to protect the safety and security of the
municipal records.
4. Hold and maintain the City Seal and affix to all instruments
requiring such seal,
B, Compensation: The Council shall set the compensation of the
City Secretary.
Section 4.05 Administrative Departments
There shall be such administrative departments as are estab-
lished by this charter and may be established by ordinance and,
excepting as otherwise provided in this charter, these administrative
departments shall be under the direction of the City Manager.
The Council shall have power by ordinance to establish
administrative departments or offices not herein provided by this
charter. The Council may discontinue, redesignate, or combine any of
the departments and/or administrative offices. No changes shall be made
by the Council in the organization of the administrative service of the
City until the recommendations of the City Manager thereon shall have
been heard by the Council.
The head of each Department shall be a director who shall
have supervision and control over his department. Two or more depart-
ments may be headed by the same individual and the City Manager may head
one or more departments.
Section 4.06 Personnel System
A. Appointments and Promotions: Appointments and promotions in
the administrative service of the City shall be made according
to merit and fitness. To carry out this purpose the Council
shall provide by ordinance a system for the classification of
employees and rules for the appointment and promotion of
employees within such classifications.
B. Classified Service: No officer, employee, member of a board,
or other person, who is to be appointed by the Council under
this charter, and no department head, shall be included within
the classified service of the City, but all other persons in
the administrative services of the City shall be included there-
in unless specifically excluded therefrom by the ordinance
providing for a system of classified services.
C. Prohibited Acts; No person employed in the administrative
service of the City, or who seek an appointment thereto, shall
be appointed, promoted, reduced, removed, or in any way favor
or discriminated against because of his race, sex, or his
political or religious opinions or affiliations. No appointive
officer or employee of the City shall make a contribution to
the campaign fund of any person seeking election to a City
office or to any political party supporting a candidate for
election to a City office, nor shall he be solicited for this
purpose, but his right to express an opinion or to cast a vote
as a citizen shall not be limited. No person seeking appoint-
�Q3�
ment to or promotion in the administrative service of the
City shall either directly or indirectly give, render, or
pay any money, service, or other valuable thing to any person
for or on account of or in connection with his appointment
or promotion, or any examination conducted therefor, Any
person who either by himself or with others wilfully violates
any provision of this section shall be ineligible for appoint-
ment or election to a position in the City for a period of
four years, and if he is an officer or employee of the City
he shall immediately forfeit the office or position he holds.
Employee Pensions and Insurance: All rights and obligations
under any plan for the payment of retirement benefits, pensions,
or disability benefits to any City employee which is in force
upon the effective date of this charter shall be unaffected
by the adoption hereof. The Council shall have the power, in
its descretion and subject to such regulations and limitations
as it may deem proper, to create, operate and contract plans
or insurance which will provide health, life, accident,
medical and hospital benefits, or any of these, for all or
any group of City employees, and to pay or contribute toward
the cost of such plan or insurance out of funds available
for that purpose,
E, Personnel Rules: The City Manager shall prepare personnel
rules, The Council will by ordinance adopt them with or
without amendment, These rules shall provide for:
The classification of all City positions, based on the
duties, authority and responsibility of each position,
with adequate provision for reclassification of any
position whenever warranted by changed circumstances,
2. A pay plan for all city positions;
Methods for determining the merit and fitness of candidates
for appointment or promotion;
4. The policies and procedures regulating reduction in force
and removal of employees;
The
hours
of
work,
attendance regulations and provisions
for
sick
and
vacation
leaves;
The policies and procedures governing persons holding
provisional appointments;
The policies and procedures governing relationships with
employee organizations;
Policies regarding in-service training programs;
9. Other practices and procedures necessary to the
administration of the City personnel system.
(20)
ARTICLE V
IN IT TAT IVE, REFERENDUM & RECALL
Section 5,01 General Authority
A. Tnitiative; The qualified voters of the City shall have the
power to propose ordinances to the Council and, if the
Council fails to adopt an ordinance so proposed without any
change in substance, to adopt or reject it at a city elec�
tion, provided that such power shall not extend to the
budget, or capital program or any ordinance relating to
appropriation of money, levy of taxes or salaries of city
officers or employees.
Such initiative power may be used to enact a new ordinance,
or to repeal or amend sections of an existing ordinance.
Referendum: The qualified voters of the City shall have the
power to require reconsideration by the Council of any
adopted ordinance and, if the Council fails to repeal any
ordinance so reconsidered, to approve or reject it at a City
election, provided that such power shall not extend to the
budget or capital program or any properly enacted emergency
ordinance, ordinance relating to appropriation of money or
levying of taxes or ordinance relating to the control of
armed or violent insurrection, revolt, rebellion or riot.
Section 5,02 Initiation of Proceedings; Petitioners' Committee;
Affidavit
Any five qualified voters may begin initiative or referendum
proceedings by filing with the City Secretary an affidavit stating they
constitute the petitioners' committee and will be responsible for cir-
culating the petition and filing it in proper form; stating their names
and addresses and specifying the address to which all notices to the
committee are to be sent, and setting out in full the proposed initia-
tive ordinance or the ordinance sought to be reconsidered.
Immediately after the affidavit of the petitioners' committee
is filed the City Secretary shall issue the appropriate petition blanks
to the petitioners' committee.
(21)
After the affidavit of the petitionerscommittee has been
filed, the ordinance sought to be amended or repealed shall not be re�
pealed, or amended or reenacted by the Council unless:
A. The action taken by Council is that which the petition
requests, or
B.
The
petition
has not been filed
within
the prescribed time
limit,
or
C,
There is a final
determination of the
insufficiency of
the
petition,
or
D.
The
petition
is withdrawn by the petitioners'
committee,
or
E.
One
year has
elapsed since Council or
voter action has
been
taken
on the
petition, or
F.
The
ordinance
sought to be amended or
repealed relates
to
the
control
of
insurrection
or riot,
Section 5,03 Petitions
A. Number of signatures: Initiative and referendum petitions
must be signed by currently qualified voters of the City
equal in number to at least ten percent (10%) of the total
number of qualified voters registered to vote at the last
regular City election.
a. Form and Content: All papers of a petition shall be uniform
in size and style and shall be assembled as one instrument
for filing. To be certified, each signature shall be the
same as the name of a voter appearing on the current certi-
fied list of voter registrations, shall have been personally
signed by such voter in ink, and shall be followed by the
address of the person signing. Petitions shall contain or
have attached thereto throughout their circulation the full
text of the ordinance proposed or sought to be reconsidered.
C. Affidavit of Circulator: When filed, each paper of a
petition shall have attached to it an affidavit executed by
the circulator thereof stating that he personally circulated
the paper, the number of signatures thereon, that all the
signatures were affixed in his presence, that he believes
them to be the genuine signatures of the persons whose names
they purport to be and that each signer had an opportunity
before signing to read the full text of the ordinance pro-
posed or sought to be reconsidered.
(22)
D. Time for Filing Petitions: Referendum petitions must be
filed within thirty days after adoption by the Council of
the ordinance sought to be reconsidered, Initiative
petitions must be filed within thirty days after issuance
of the appropriate petition blanks to the petitioners'
committee, Additional time as specified in Section 5,04,
E., shall be allowed for amending petitions.
Section 5.04 Determination of Sufficiency
A, Certificate
of City
Secretary: Within
ten
days after
the
petition is
filed,
the City Secretary
shall
complete a
certificate
as to
its sufficiency, specifying,
if it is
insufficient,
the
particulars wherein
it is
defective
and
shall immediately
upon completion of
certification send
a
copy of the
certificate
to the petitioners'
committee
by
registered mail.
B, Sufficient Petition, Final Determination: If the petition
is certified sufficient, the City Secretary shall present
the certificate to the Council by the next Council meeting
and the certificate shall then be a final determination as
to the sufficiency of the petition.
C. Insufficient Petition, Final Determination: If a petition
is certified insufficient, and the petitioners' committee
does not elect to amend or request council review under
sub -sections D. and E. of this section within the time
required, the City Secretary shall present a certificate
to the Council by the next Council meeting which shall be
a final determination of the sufficiency of the petition.
D. Insufficient Petition, Appeal: If a petition has been
certified insufficient and the petitioners' committee does
not file notice of intention to amend it as in Section
5.04 E., the committee may, within two working days after
receiving the copy of such certificate, file a request that
it be reviewed by the Council. The Council shall review the
certificate at its next meeting following the filing of such
request and approve or disapprove it, and the Council's
determination shall then be a final determination as to the
sufficiency of the petition.
E. Insufficient
Petition,
Amending:
A petition
certified in-
sufficient
for lack
of
required
number of valid
signatures
may be
amended once
if
the petitioners'
committee
files a
notice
of intention
to
amend it
with the City
Secretary
(23)
within two working days after receiving the copy of his
certificate, and files a supplementary petition with addi�
tional names within two weeks after receiving the copy of
such certificate. Such supplementary petition shall comply
with the requirements of Sections 5.03 B. and C.
Within five days after an amended peon is filed, the
City Secretary shall complete a certificate as to the
sufficiency of the petition as amended and shall within
twenty-four hours send a copy of such certificate to the
petitioners' committee by registered mail as in the case of
an original petition. The final determination as to the
suff iciency of an amended petition shall be determined in
the same manner as prescribed for original petitions in
Sections 5.04 B, C. and D „ except that no petition, once
amended, may be amended again.
Court Review; New Petition: A final determination as to
the sufficiency of a petition shall be subject to review in
a county court of record and higher. A final determination
of insufficiency, even if sustained upon court review, shall
not prejudice the filing of a new petition for the same pur�
pose.
Section 5,05 Referendum Petitions; Suspension of Effect of Ordinance
When a referendum petition is filed with the City Secretary,
the ordinance sought to be reconsidered shall be suspended from taking
effect. Such suspension shall terminate when:
A. there is a final determination of insufficiency of the
petition, or
B. the petitioner's committee withdraws the petition, or
C. the council repeals the ordinance, or
D, the vote of the people in a referendum election determines
whether the ordinance sought to be repealed is repealed or
is sustained and the election results are certified by the
election officials,
All action previously taken under such ordinance or resolution
shall be suspended and its legality or validity determined by the final
disposition of the referendum petition.
(24)
Section 5,06 Action on Petitions
A. Action by Council; Council shall promptly consider the pro"
posed initiative ordinance to the manner prescribed for
enacting ordinances or reconsider the referred ordinance by
voting its repeal, Within sixty days after the date the
initiative or referendum petition has been finally determined
sufficient Council shall either (1) adopt a proposed initiative
ordinance without any change in substance, or (2) repeal a
referred ordinance, or (3) call an election on the proposed or
referred ordinance, said election to be held not later than
thirty days from date called.
B. Submission to Voters: The vote of the City on a proposed or
referred ordinance shall be held not later than 30 days from
the date called by Council, except that when a regular City
election is to be held within 120 days, but not less than
thirty days, after the final Council vote, the vote on the
ordinance shall be held at the same time as the regular City
election,
Copies of the proposed or referred ordinance shall be made
available at the polls and shall also be made available at the
City Office for fifteen days immediately preceding the elec-
tion and shall be posted at the regular posting places for
fifteen days immediately preceding the election.
C. Withdrawal of Petitions: An initiative or referendum petition
may be withdrawn at any time prior to the 20th day preceding
the day scheduled for a vote of the City by filing with the
City Secretary a request for withdrawal signed by at least
four members of the petitioners' committee, Upon filing of
such request the petition shall have no further force or
effect and all proceedings thereon shall be terminated.
Section 5.07 Results of Election
A. Initiative: If a majority of the qualified electors voting
on a proposed initiative ordinance vote in its favor, it
shall be considered adopted upon certification of the election
results and shall be treated in all respects in the same
manner as ordinances of the same kind adopted by Council. If
conflicting ordinances are approved at the same election, the
one receiving the greatest number of affirmative votes shall
prevail to the extent of such conflict.
(25)
6, Limitation of Council Repeal; The Council may not repeal or
amend the initiated ordinance for one year after the effec�
tive date and then only by the affirmative vote,of five (5)
members of the Council.
C, Referendum; If a majority of the qualified electors voting
on a referred ordinance vote against it, it shall be con-
sidered repealed upon certification of the election results.
Section 5.08 power of Recall
The qualified voters shall have the power to recall any
elected official of the City on grounds of incompetency, noncompliance
with this charter, misconduct or malfeasance in office, Such power
shall be exercised by filing with the City Secretary a petition, signed
by currently qualified voters of the City equal in number to at least
ten percent (10%) of the total number of qualified voters registered to
vote at the last regular City election, demanding the removal of such
elected official. The petition shall be signed and verified in the
manner required for an initiative petition.
Section 5,09 Recall Election
The provisions regulating initiation, certification, amend-
ment and withdrawal of initiative petitions shall apply to recall
petitions. If the petition is certified by the City Secretary to be
sufficient, the Council shall order an election forthwith to determine
whether such officer shall be recalled.
Section 5,10 Results of Recall Election
If a majority of the votes cast at a recall election shall
be against removal of the elected official named on the ballot, he
shall continue in office. If the majority of the votes cast at the
election be for the removal of the elected official named on the ballot,
the Council shall immediately declare his office vacant and such
vacancy shall be filled in accordance with the provisions of this
charter for the filling of vacancies, An elected official thus removed
shall not be a candidate to succeed himself.
Section 5.11 Limitation on Recall
No recall petition shall be filed against an elected official
within six months after he takes office, and no elected official shall
be subjected to more than one recall election during a term of office,
(26�
Section b,12 public Nearing
The elected official whose removal is sought may, within
five days after such recall petition has been presented to the Council,
request that a public hearing be held to permit him to present facts
pertinent to the charges specified in the recall petition. In this
event, the Council shall order such public hearing to be held, not less
than five days nor more than fifteen days after receiving such request
for a public hearing.
Section 5,13 Failure of Council to Ca11 an Election
1;n case all of the requirements of this charter shall have
been met and the Council shall fail or refuse to receive the recall
petition, or order such recall election, or discharge other duties im"
posed upon said Council by the provisions of this charter with reference
to such recall, then the County Judge of Galveston County, Texas, shall
discharge any such duties herein provided to be discharged by the City
Secretary or by the Council. In addition, any qualified voter in the
City may seek judicial relief in the District Court of Galveston
County, Texas, to have any of the provisions of this charter pertaining
to recall carried out by the proper official.
(27)
ARTICLE VI
NOMINATIONS AND ELECTIONS
Section 6.01 City Elections
A. Schedule. The regular City Election will be held annually
on the first Saturday in April. The Council shall be
responsible to specify places for holding such election.
Special Elections. The Council may, by resolution, order a
special election under conditions specified in 3.06C, or for
ordinances, bond issues, charter amendments, recall or other
purposes deemed appropriate by Council. The Council will fix
time and places for holding such special elections, and pro-
vide all means for holding same.
C. Voter Eligibility list. A certified list of voter registrants
within the City, consistent with the official list prepared
by the County Tax Assessor -Collector, shall be maintained
current by the City Secretary. If for a purpose relating
only to a City election or to candidates or issues involved
in such election, any organization, group or person requests
a list of qualified voters of the City, permission to copy
the current list shall be granted by the City Secretary.
D. Conduct and Regulation of Elections. All Gity elections shall
be governed by the Constitution of the State of Texas, general
laws of the State, this charter, and ordinances of the City,
in the order named. Municipal elections shall be conducted
by the election officials appointed or approved by the Council.
Sample ballots identical to the voting machine format for the
specific election shall be posted in the voting place(s) for
purpose of voter orientation.
Section 6.02 Filing for Office
Eligibility
To File.
Each candidate
for an
elective city
office
shall
meet
the
following
qualifications:
Shall be a qualified voter of the City.
Shall have resided for at least twelve months preceding
the election within the corporate limits of the City,
including territory annexed prior to the filing deadline.
3. Shall
not be
in arrears in
the payment of any taxes or
other
liabilities
due the
City.
(28)
4. Shall meet the requirements for sponsors stipulated in
section 6.02E below.
5. An incumbent seeking reelection must file for the same
position number presently serving.
6. No candidate may file for more than one office or position
number per election.
7. No employee of the City shall continue in such position
after becoming a candidate for an elective office.
Procedure and Schedule for Filing. Any qualified voter of
the City may be nominated for an elective office by petition
of ten such voters who shall be designated as his sponsors.
No voter shall sign more than one petition for a particular
office or position number; if a voter signs more than one,
his signature shall be void except as to the first filed of
the petitions signed by him. The signatures shall be executed
in ink or indelible pencil. Each signer shall indicate next
to his signature the date of his signing and the place of
his residence. The signed petitions shall be filed with the
City Secretary not earlier than 90 days or later than 30 days
before the election.
C. Certification of Petition. Within five days after the filing
of a nominating petition the City Secretary shall notify the
candidate whether or not the petition satisfied the require-
ments prescribed by this charter. If a petition is found
insufficient, the City Secretary shall return it immediately
to the candidate with a statement certifying wherein it is
insufficient. Within the regular time for filing petitions,
a new petition may be filed by the same candidate. The City
Secretary shall keep on file all petitions found sufficient
at least until the expiration of the term of which the candi-
dates are nominated in those petitions,
Section 6.03 Official Ballots
A. Names on Ballot. The full names of all candidates nominated
for office, except those who have withdrawn, died or become
ineligible, shall be printed on the official ballots without
party designation or symbol. If two or more candidates have
the same surname or surnames so similar as to be likely to
cause confusion, their residence addresses shall be printed
with their names on the ballot.
Order of Listing. The order on the ballot of the names of
the candidates shall be determined by lot in a drawing to
be held under the supervision of the City Secretary.
(29)
C, Absentee Ballots, Procedures for voting by absentee ballot
shall be consistent with current edition of Texas Election
Laws,
D, Ballots for Ordinances, on Issues, and Charter Amendments.
An ordinance, bond issue or charter amendment, to be voted
on by the City shall be presented for voting by ballot title.
The ballot title of a measure may differ from its legal title
and shall be a clear, concise statement, approved by majority
of the whole Council, describing the substance of the measure
without argument or prejudice. Below the ballot title shall
appear the following question: "Shall the above described
(ordinance) (bond issue) (amendment) be adopted?" Immediately
below or to the left of such question shall appear, in the
following order, the words "Yes" and "No" each with a square
in which the voter may cast his vote by marking a cross (X).
E, Write -In Votes. Procedures for write-in votes shall be con-
sistent with current edition of Texas Election Laws,
Section 6,04 Canvassing and Election Results
A. Canvassing. The returns of every municipal election shall
be delivered from the election judges to the City Secretary
at City Hall not later than twelve (12) hours after the
closing of the polls. One extra copy shall be delivered for
the Mayor at this time. The Council shall canvass the returns
in sufficient time to declare the official results of the
election at the next regular Council meeting after the closing
of the polls. The returns of every municipal election shall
be recorded in the minutes of the Council, by totals for each
candidate, or, for or against each issue submitted.
B, Majority. A majority vote for an elective office is that
number of votes which is a majority of the total number of
valid ballots cast for the office concerned. Any candidate
for elective office who received a majority vote shall be
declared elected, If none of the candidates for an elective
position receives a majority vote, none of such candidates
shall be elected.
Run -Off Election. In the event no candidate for an elective
office receives a majority of the votes cast for that
position in the regular or special election or there is a
tie for first place, a run-off election shall be held among
the candidates who received the greatest number of votes for
the first two places, Such run-off election shall be held
three (3) weeks following the preceding regular or special
election,
(30)
D. Notification and Taking Office. It shall be the duty of the
City Secretary to notify all persons elected. A candidate
who is elected in the regular City election or special
election shall take office and enter upon his duties after
qualifying by taking and subscribing to his oath of office
at the next regular Council meeting after closing of the
polls.
Section 6.05 Oath of Office
Every officer of the City, whether elected or appointed,
before entering upon the duties of office, shall take and subscribe
to the appropriate oath or affirmation to be filed and kept in the
office of the City Secretary:
For.Elected Officers:
"I , do solemnly swear (or affirm) that I will faith-
fully execute the duties of the office of , of the City
of Friendswood, State of Texas, and will to the best of my ability
preserve, protect, and defend the Constitution and Laws of the United
States of America and of this State and the Charter and Ordinances of
this City. I furthermore solemnly swear (or affirm) that I have not
directly norindirectly paid, offered, or promised to pay, contributed,
or promised to contribute any money or valuable thing, or promised
any public office or employment, as a reward for the giving or with-
holding a vote at the election at which I was elected. So help me
God."
For Appointed Officers:
"I do solemnly swear (or affirm) that I will faithfully
execute the duties of the office of of the City of
Friendswood, State of Texas, and will to the best of my ability preserve,
protect, and defend the Constitution and Laws of the United States of
America and of this State and the Charter and Ordinances of this City.
I furthermore solemnly swear (or affirm) that I have not directly nor
indirectly paid, offered, or promised to pay, contributed, nor promised
to contribute any money or valuable thing, or promised any public office
or employment, as a reward to secure my appointment or the confirmation
thereof. So help me God."
(31)
ARTICLE V I I
TAX ADMINISTRATION
Section 7,01 Division of Tax Administration
There shall be established an Office (department) of
Taxation, to assess and collect taxes, the director of which shall be
the City Assessor and Collector.
Section 7.02 Power to Tax
The Council of the City shall have the power, and is hereby
authorized to levy, assess and collect annual taxes not to exceed the
maximum limits set by the Constitution and laws of the State of Texas
as they now exist or as they may be amended, on each $100 assessed
valuation of all property having a situs within the corporate limits
of the City and not exempt from taxation by the Constitution and laws
of the State of Texas,
Section 7,03 Assessment of Property for Tax Purposes
A71
property having
a situs within the
corporate
limits of
the City on January 1
of each
year, not expressly
exempted
by law,
shall
be subject to taxation
by the City for such
year, to
wit:
A. The Council shall prescribe the mode and manner of making
renditions, tax lists, assessments, and tax rolls.
B. Every person, partnership, association, or corporation
holding, owning, or controlling property within the limits
of the City shall between January 1 and April 1 of each
year, file with the City Assessor and Collector a full and
complete sworn inventory of such real and personal property
held, owned, or controlled within said limits on January 1
of each year.
C. The Council shall prescribe by ordinance the mode and manner
of making such inventories, and penalties for failing or re"
fusing to submit the same.
D, The City
Assessor and Collector
shall review all
renditions
made to
him and determine
the value of the property
referred
and fix
the value thereof
for tax purposes, If the
Assessor
fixes a
value higher than
that shown on the owner's
rendition,
he shall
give written notice thereof to such owner
at his
(32)
last known address by depositing the same, postage paid, in
the United States mail, notifying him of such change and
advising him that he ma)t appear before the Tax Assessor_
Collector and/or the Board of Equalization to protest such
change.
E. In all cases where no rendition is made by the owner thereof,
the City Assessor and Collector shall ascertain the amount
and value of such property and assess the same, and such
assessment shall be as valid and binding as if the property
involved had been rendered by such owner, provided that if
the City Assessor and Collector shall assess any such
property which has not previously been assessed, or if he
shall assess any such property at a higher valuation from
that shown on the last preceding tax roll, he shall give
notice of such assessment or such change in assessment, as
above provided.
F, The City Assessor and Collector shall assess property which
has been omitted from assessment in prior years upon a
current supplemental assessment roll. The taxes upon such
supplemental assessments shall be due at once and if not
paid within sixty days thereafter, shall be deemed delin�
quent and shall be subject to the same penalty and interest
as other delinquent taxes for such year.
G. In addition to the powers granted by this Section, the City
Assessor and Collector shall have the same power as County
Tax Assessors and Collectors in Texas to make reassessments,
all at the same value and tax rates as such property should
have been assessed and taxed for the past years and indi-
cating the year or years for which it is assessed,
Section 7,04 Board of Equalization; Appointment, Qualifications
Each year, prior to May 15, the Council shall appoint a
Board of Equalization composed of no fewer than three �3) nor more
than five 5) persons who shall be qualified voters and real property
owners in the City, none of whom shall be employees, officers, or
members of the Council, At the same meeting that the Council appoints
such Board, it shall fix the time and place of the first meeting of
such Board, which shall be not later than the first day of June, The
City Assessor and Collector or such person appointed by the City
Manager shall act as secretary to said Board, A majority of said
Board members qualified and serving shall constitute a quorum for the
transaction of business, Members of said Board, while serving, shall
receive such compensation as may be provided by the Council and shall
perform no other duties for the City, The Board of Equalization shall
(33)
have such powers as enumerated herein and such additional powers as
may be prescribed by ordinance, and statutes of the State of Texas as
now or hereafter amended; and shall be governed by such rules and
regulations as may be prescribed by ordinance, but may adopt such
further rules and regulations of its own which are not in conflict
with any City ordinance or law of the State of Texas,
A. Powers and Duties
19 To elect a Chairman from its membership who shall pre-
side at.all meetings of the Board.
2, To adopt regulations regarding the procedure of
assessment review,
3, To, after its first meeting, adjourn and reconvene as
necessary to perform its duties.
4, To review, on complaint of property owners, assessments
made by the Tax Assessor -Collector for the purpose of
taxation of both real and personal property within the
City.
54 To hold hearings, administer oaths and take testimony.
6, To compel the production of all books, documents and
other papers pertinent to the investigation of taxable
values of any person, firm or corporation having or
owning property within the corporate limits of the City
subject to taxation and to punish for contempt as pro-
vided by ordinance.
7, To correct any errors that may appear on the City
Assessor-Collector's lists or books.
8. To examine, and if necessary, revise the assessments as
presented by the Tax Assessor and Collector to the end
that all property within the City shall be assessed as
fairly and uniformly as possible,
g, Whenever the Board shall find it their duty to raise
the value of any property appearing on the lists or
books of the Assessor and Collector, it shall, after
having examined such lists and books and corrected all
errors appearing therein, adjourn to a day not less
than ten C101 nor more than fifteen (15) days from the
date of adjournment and shall cause the Secretary of
the Board to give written notice to the owner of said
(34)
property or to the person rendering same, of the time
to which the Board has adjourned and that such owner or
person rendering said property may at any time appear
and show cause why the value of said property should
not be raised. Such notice shall be served by address-
ing same to such person's last known address and
depositing same, postage paid, in the United States mail.
10. To give notice of the date, time and place of all public
meetings of the board at least ten (10) days prior to
such meeting(s) by advertising same in the official
newspaper of the City.
Records: Certifications and Adoption: The Board shall be
required to keep an accurate record of all its proceedings
which shall be available for public inspection. Immediately
upon completion of its work the Board shall certify its
approval of the assessment rolls which shall be returned to
the Council, which shall in turn approve said rolls as return-
ed to it and shall thereupon certify and adopt the same as
the assessment rolls to be used for the collection of taxes
for the current year. Should the Council fail to certify
and adopt the tax rolls at the Council meeting where such
tax rolls are submitted, same shall be deemed to have been
finally certified and adopted by the Council and same shall
be and become the valid tax rolls of the City. The Tax
Assessor and Collector shall thereafter cause tax statements
to be mailed to each person, firm or corporation named upon
the tax rolls.
Section 7.05 Taxes, When Due and Payable
All taxes due the City shall be payable at the office of the
City Assessor -Collector and may be paid at any time after the tax rolls
for the year have been completed and approved, which shall be not later
than October 1. Taxes shall be paid before February 1, and all such
taxes not paid prior to such date shall be deemed delinquent and shall
be subject to such penalty and interest as the Council may provide by
ordinance. Failure to levy and assess taxes through omission in pre-
paration of the approved tax roll shall not relieve the person, firm
or corporation so omitted from obligation to pay such current or past
due taxes shown to be payable by recheck of the rolls and receipts for
the years in question, unless otherwise provided by law.
Section 7.06 Tax liens and Liabilities
All property, having a situs in
the
City on
the
first
day of
January of each year shall stand charged
with
a special
lien
in
favor
of the
City from said
date for the taxes
due
thereon.
The
liens
provided
(35)
herein shall be superior to all other liens except other tax liens
regardless of when such other liens were created. All persons pur-
chasing any of said property on or after the first day of January in
any year shall take same subject to the liens herein provided. In
addition to the liens herein provided on the first day of January of
any year the owner of property subject to taxation by the City shall
be personally liable for the taxes due thereon for such year. The City
shall have power to sue for and recover personal judgment for taxes
without foreclosure, or to foreclose its lien or liens, or to recover
both personal judgment and foreclosure. In any such suit where it
appears that the description of any property in the Cityassessment
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.
Section 7.07 Joint Interest in Property
The City Assessor and Collector shall not be required to make
separate assessments of joint or conflicting interests in any real
estate. It is provided, however, that the owner of any such interest
may furnish to the City Tax Assessor and Collector at any time before
April 1 of each year a written description of any parcel of land in
which he has an interest less than the whole, showing the amount of
his interest therein, and the Assessor and Collector may thereupon
assess such interest as a separate parcel.
The City Tax Assessor and Collector may receive the taxes on
part of any lot or parcels of real estate or an undivided interest
therein, but no such taxes shall be received until the person rendering
the same shall have furnished the Assessor and Collector a full
description of the particular part or interest on which payment is
tendered.
Section 7.08 Arrears of Taxes Offset to Debt Against City
The City shall be entitled to counterclaim and offset against
any debt, claim, demand or account owed by the City to any person, firm
or corporation who is in arrears to the City for taxes, in the amount
of taxes so in arrears, and no assignment or transfer of such debt,
claim, demand or account after the said taxes are due, shall affect the
right of the City to so offset the said taxes against the same.
(36)
Section 7.09 Tax Remission Discount and Compromise, Correction of Error
Except as herein provided, neither the Council nor any other
official of the City shall extend the time for payment of taxes nor re-
mit, discount or compromise any tax legally due the City, nor waive the
penalty and interest that may be due thereon to any persons, firms or
corporations owing taxes to the City for such year or years; provided,
however, that this provision shall not prevent the compromise of any
tax suit, or the correction of any errors in assessment, or preparation
of tax rolls; or preparation of a tax statement. Such compromise or
correction of errors shall first have the approval of the Council by
majority vote of all Councilmen qualified and serving.
Section 7.10 Other Rules and Regulations
Except as otherwise provided by law
or this
charter, the
Council
shall have the power to provide
by
ordinance
such rules,
regulations
and mode of procedure to enforce the collection
by and
payment
to the City Assessor and Collector
as it may
deem expedient,
and may
provide such penalties for the failure
to pay
such taxes as it
may deem
expedient.
(37)
ARTICLE VIII
FINANCIAL ADMINISTRATION
Section 8.01 fiscal Year
The fiscal year of the City shall begin on the first day of
October and end on the last day of September.
Section 8,02 Public Record
Copies
of
the
budget
as adopted
shall be public records and
shall be made
available
to the
public upon
request,
Section 8.03 Annual Budget
A. Content: The budget shall provide a complete financial plan
of all city funds and activities and, except as required by
law or this charter, shall be in such form as the manager
deems desirable or the Council may require. A budget message
explaining the budget both in fiscal terms and in terms of
the work programs shall be submitted with the budget. It
shall outline the proposed financial policies of the City for
the ensuing fiscal year, describe the important features of
of the budget, indicate any major changes, from the current
year in financial policies, expenditures, and revenues, with
reasons for such changes. It shall also summarize the City's
debt position and include such other material as the manager
deems desirable. The budget shall begin with a clear general
summary of its contents, shall show in detail all estimated
income, indicating the proposed property tax levy, and all
proposed expenditures, including debt service, for the ensuing
fiscal year. The proposed budget expenditures shall not
exceed the total of estimated income, The budget shall be
so arranged as to show comparative figures for actual and
estimated income and expenditures of the current fiscal year
and actual income and expenditures of the preceding fiscal
year, compared to the estimate for the budgeted year. It
shall include in separate sections:
1. An itemized estimate of the expense of conducting each
department, division and office.
Reasons for proposed increases or
decreases
of
such items
of expenditure compared with the
current fiscal
year.
(38)
3. A separate schedule for each department, indicating
tasks to be accomplished by the department during the
year, and additional desirable tasks to be accomplished
if possible.
4. A statement of the total probable income of the City from
taxes for the period covered by the estimate.
5. Tax levies, rates, and collections for the preceding five
years.
6. An itemization of all anticipated revenue from sources
other than the tax levy.
7. The amount required for interest on the City's debts,
for sinking fund and for maturing serial bonds.
8. The total amount of outstanding City debts, with a
schedule of maturities on bond issue.
9. Such other information as may be required by the Council.
10. Anticipated net surplus or deficit for the ensuing fiscal
year of each utility owned or operated by the City and
the proposed method of its disposition; subsidiary budgets
for each such utility giving detailed income and expendi-
ture information shall be attached as appendices to the
budget.
11. A Capital Program, which may be revised and extended
each year to indicate capital improvements pending or in
process of construction or acquisition, and shall include
the following items:
a. A summary of proposed programs;
b. A list of all capital improvements which are proposed
to be undertaken during the five fiscal years next
ensuing, with appropriate supporting information as
to the necessity for such improvements;
c. Cost estimates, method of financing and recommended
time schedules for each such improvement; and
d. The estimated annual cost of operating and maintaining
the facilities to be constructed or acquired.
B. Submission:
On or
before
the first
day
of August of each
year,
the manager
shall
submit
to the
Council
a proposed budget
and
(39)
an accompanying message. The Council shall review the pro-
posed budget and revise as deemed appropriate prior to
general circulation for public hearing.
C. Public Notice and Hearing: The Council shall post in the
City Hall and publish in the official newspaper a general
summary of their proposed budget and a notice stating:
1, The times
and places
where
copies
of the message
and
budget are
available
for inspection
by the public,
and
2, The
time
and
place,
not
less than
two
weeks after such
publication,
for a
public
hearing
on
the budget,
D, Amendment Before Adoption: After the public hearing, the
Council may adopt the budget with or without amendment, In
amending the budget, it may add or increase programs or
amounts and may delete or decrease any programs or amounts,
except expenditures required by law or for debt service or
for estimated cash deficit, provided that no amendment to the
budget shall increase the authorized expenditures to an
amount greater than the total of estimated income plus funds
available from prior years,
E. Adoption: The Council shall adopt the budget by ordinance
on one reading on or before the 15th day of September. Adoption
of the budget will require an affirmative vote of at least
a majority of all the members of the whole council. Adoption
of the budget shall constitute appropriations of the amounts
specified therein as expenditures from the funds indicated
and shall constitute a levy of the property tax therein
proposed,
Failure
to Adopt: If the Council fails to adopt the budget
by the 15th day of September the amounts appropriated for the
current fiscal year shall be deemed adopted for the ensuing
fiscal year on a month to month basis with all items in it
pro -rated accordingly until such time as the Council adopts
a budget for the ensuing fiscal year. The levy of property
tax normally approved as a part of the budget adoption will
be set to equal the total current fiscal year tax receipts,
unless the ensuing fiscal year budget is approved by
September 15 of the current fiscal year.
Section 8,04 Amendments After Adoption
A. Supplemental
Appropriations:
If
during
the
fiscal
year
the
manager certifies
that there
are
available
for
appropriation
revenues in excess of those estimated in the budget, the
Council by ordinance may make supplemental appropriation
for the year up to the amount of such excess,
B. Emergency Appropriations: To meet a public emergency created
by a natural disaster or man-made calamity affecting life,
health, property, or the public peace, the Council may make
emergency appropriations, not to exceed 10% of the current
fiscal year's budgeted receipts. Such appropriations may be
made by emergency ordinance in accordance with the provisions
of this charter. To the extent that there are no available
unappropriated revenues to meet such appropriations, the
Council may by such emergency ordinance authorize the issu-
ance of emergency notes, which may be renewed from time to
time.
C. Reduction of Appropriations: If at any time during the
fiscal year it appears probable to the manager that the revenues
available will be insufficient to meet the amount appropriated,
he shall report to the Council without delay, indicating the
estimated amount of the deficit, any remedial action taken
by him and his recommendations as to any other steps to be
taken. The Council shall then take such further action as it
deems necessary to prevent or minimize any deficit and for that
purpose it may by ordinance reduce one or more appropriations.
D. Transfer of Appropriations: At any time during the fiscal
year the manager may transfer part or all of any unencumbered
appropriation balance among programs within a department,
division, or office and, upon written request by the manager,
the Council may by ordinance transfer part or all of any un-
encumbered appropriation balance from one department, office
or agency to another.
E. Limitations: No appropriation for debt service may be reduced
or transferred, and no appropriation may be reduced below any
amount required by law to be appropriated or by more than the
amount of the unencumbered balance thereof.
F, Effective Date: The supplemental and emergency appropriations
and reduction or transfer of appropriations authorized by this
section may be made effective immediately upon adoption of
the ordinance.
Section 8,05 Borrowing for Capital Improvements
A. Borrowing. The Council shall have the power, except as pro-
hibited by law, to borrow money by whatever method it may deem
to be in the public interest,
(41)
General Obligation Bonds, The City shall have the power to
borrow money on the credit of the City and to issue general
obligation bonds for permanent public improvements or for
any other public purpose not prohibited by the Constitution
and laws of the State of Texas, and to issue refunding bonds
to refund outstanding bonds of the City previously issued.
All such bonds shall be issued in conformity with the laws
of the State of Texas.
Revenue Bonds. The City shall have the power to borrow
money for the purpose of constructing, purchasing, improving,
extending or repairing of public utilities, recreational
facilities or any other self liquidating municipal function
not prohibited by the Constitution and laws of the State of
Texas, and to issue revenue bonds to evidence the obligation
created thereby. Such bonds shall be a charge upon and pay-
able from the properties, or interest therein pledged, or the
income therefrom, or both. The holders of the revenue bonds
shall never have the right to demand payment thereof out of
monies raised or to be raised by taxation. All such bonds
shall be issued in conformity with the laws of the State of
Texas.
D. Bonds Incontestable. All bonds of the City having been issued
and sold and having been delivered to the purchaser thereof,
shall thereafter be incontestable and all bonds issued to
refund in exchange for outstanding bonds previously issued
shall and after said exchange, be incontestable.
Section 8.06 Lapse of Appropriations
Every appropriation, except an appropriation for a capital
expenditure, shall lapse at the close of the fiscal year to the extent
that it has not been expended or encumbered. An appropriation for a
capital expenditure shall continue in force until the purpose for which
it was made has been accomplished or abandoned; the purpose of any
such appropriation shall be deemed abandoned if three years pass without
any disbursement from or encumbrance of the appropriation,
Section 8.07 Administration of Budget
A. Payments and Obligations Prohibited: No payment shall be made
or obligation incurred against any allotment or appropriation
except in accordance with appropriations duly made and unless
the manager or his designee first certifies that there is a
sufficient unencumbered balance in such allotment or appropria-
tions and that sufficient funds therefrom are or will be
(42)
available to cover the claim or meet the obligation when it
becomes due and payable. Any authorization of payment or
incurring of obligation in violation of the provisions of
this charter shall be void and any payment so made illegal.
Such action shall be cause for removal of any officer who
knowingly authorized or made such payment or incurred such
obligations, and he shall also be liable to the City for
any amount so paid. However, this prohibition shall not be
construed to prevent the making or authorizing of payments
or making of contracts for capital improvements to be
financed wholly or partly by the issuance of bonds, time
warrants, certificates of indebtedness, or certificates of
obligation, or to prevent the making of any contract or
lease providing for payments beyond the end of the fiscal
year, provided that such action is made or approved by
ordinance,
B. Financial Reports: The Manager shall submit to the Council
at its first formal meeting each month the financial condi-
tion of the City by budget item, budget estimate versus
accruals for the preceding month and for the fiscal year to
date. The financial records of the City will be maintained
on an accrual basis to support this type of financial manage-
ment,
C. Independent Audit: At the close of each fiscal year, and at
such times as it may be deemed necessary, the Council shall
cause an independent audit to be made of all accounts of the
City by a certified public accountant. The certified public
accountant so selected shall have no personal interest,
directly or indirectly in the financial affairs of the City
or any of its officers. Upon completion of the audit, the
results thereof in a summary form shall be placed on file
in the City Secretary's office as a public record and in the
Friendswood Public Library for the public's information.
Section 8.08 Purchasing
All purchases made and contracts executed by the City shall
be made in accordance with the requirements of the Constitution and
Statutes of the State of Texas.
(43)
ARTICLE IX
FRANCHISES AND PUBLIC UTILITIES
Section 9.01 Powers of the City
In addition to the City's power to buy, construct, lease,
maintain, operate, and regulate public utilities and to manufacture,
distribute, and sell the output of such utility operations, the City
shall have such further power as may now or .hereafter be granted
under the Constitution and Laws of the State of Texas.
Section 9.02 Power to Grant Franchise
The Council
shall
have
the power by
ordinance
to grant,
renew, and extend all franchises
of all public
utilities
of every
character operating within
the City
and, with
consent
of the franchise
holder, to amend the same,
provided,
however,
that
no franchise shall
be granted for an indeterminate
term, and that
no
franchise shall be
granted for a term of more
than
thirty years from
the date of the grant,
renewal, or extension.
Section 9,03 Ordinance Granting Franchise
Every ordinance granting, renewing, extending, or amending
a public utility franchise shall be read at three (3) regular meetings
of the Council, and shall not be finally acted upon until twenty-eight
days after the first reading thereof. Within seven (7) days following
the first reading of the ordinance, the full text of the ordinance
shall be published one time in the official newspaper, and the expense
of such publication shall be borne by the prospective franchise holder.
Section 9.04 Grant Not to be Exclusive
No grant or franchise to construct, maintain or operate
public utility and no renewal or extension of such grant shall be
exclusive.
Section 9.05 Transfer of Franchise
No public utility franchise shall be transferable except with
the approval of the Council as expressed by ordinance. The term
"transferable," as used herein, shall not be construed in such a manner
as to prevent the franchise holder from pledging said franchise as
security for a valid debt or mortgage.
(44)
Section 9.06 Franchise Value Not to be Allowed
In fixing reasonable rates and charges for utility service
within the City and in determining the just compensation to be paid
by the City for public utility property which the City may acquire by
condemnation or otherwise, nothing shall be included as the value of
any franchise granted by the City under this charter.
Section 9.07 Right of Regulation
All grants, renewals, extensions, or amendments of public
utility franchises, whether it be so provided in the ordinance or not,
shall be subject to the right of the City:
A. To repeal the same by ordinance at any time for failure to
begin construction or operation within the time prescribed
or otherwise to comply with the terms of the franchise, such
power to be exercised only after due notice and hearing.
B. To require an adequate extension of plant and service as is
necessary to provide adequate service to the public, and
maintenance of the plant and fixtures at the highest
reasonable standard of efficiency.
To establish reasonable standards of service and quality of
products and prevent unjust discrimination in service or
rates.
D. To prescribe the form of accounts kept by each such utility.
It shall be deemed sufficient compliance with this paragraph,
provided that the utility shall keep its accounts in accord-
ance with the uniform system of accounts for said utility
prescribed by the National Association of Railroad and Public
Utility Commissioners, the Federal Power Commission, the
Federal Communications Commission, the Railroad Commission
of Texas, their successor or successors.
E. To impose
regulations
to insure
safe, efficient
and continuous
service to
the public.
The franchise
holder
in opening and
refilling
of all earth
openings
shall re -lay
the pavement
and do all
other work
necessary
to complete
restoration of
streets, sidewalks
or
grounds to
a condition
equally as good
or better
as when disturbed,
To
require
at
any time such
compensation
and rental as may
be
permitted
by the laws of
the State
of
Texas.
(45)
Section 9.08 Extensions
A71 extensions of public utilities within the City limits
shall become a part of the aggregate property of the public utility,
shall be operated as such, and shall be subject to all the obligations
and reserved rights contained in this charter and in any original grant
hereafter made. The right to use and maintain any extension shall
terminate with the original grant and shall be terminable as provided
in Section 9,07. In case of an extension of a public utility operated
under a franchise hereafter granted, such right shall be terminable at
the same time and under the same conditions as the original grant.
Section 9.09 Regulation of Rates
The Council shall have full power after notice and hearing
to regulate by ordinance the rates, charges, and fares of every public
utility franchise holder operating in the City provided that no such
ordinance shall be passed as an emergency measure. Every franchise
holder who shall request an increase in rates, charges, or fares shall
have, at the hearing of the Council called to consider such request,
the burden of establishing by clear, competent, and convincing evidence
the value of its investment properly allowable to service in the City,
and the amount and character of its expenses and revenues connected
with the rendering of such service. If, upon such hearing, the Council
is not satisfied with the sufficiency of the evidence so furnished, it
shall be entitled to call upon such public utility for the furnishing
of additional evidence at a subsequent date to which said hearing may
be adjourned. No public utility franchise holder shall institute any
legal action to contest any rate, charge, or fare fixed by the Council
until such franchise holder has filed a motion for rehearing with the
Council for a specific date setting out each ground of its complaint
against the rate, charge, or fare fixed by the Council, and until the
Council shall have acted upon such motion. Such motion shall be deemed
overruled unless acted upon by the Council within a reasonable time,
not to exceed sixty (60) days from the filing of such motion for re-
hearing; provided, that the Council may by resolution extend such time
for acting on said motion for rehearing from sixty (60) days to ninety
(90) days.
Section 9,10 Public Service Corporations to File Annual Reports
The Council
shall require all public
service
corporations
operating within
the corporate limits
of the
City to file a
sworn annual
report of the receipts
from the
operation of the
said business
for the current year,
how expended, how much
thereof for
betterments or improvements, the
rate of tolls
(46)
or charges for services rendered to the public, and any other
facts or information that the Council may deem pertinent for
its use including reports on operations within the City in
intelligently passing upon any questions that may arise
between the City and the said public service corporations;
said reports to be filed with the City Secretary, and pre-
served for the use of the City Council. Such reports shall
be reviewed annually by the Council to determine the propriety
of the rates being charged.
B, Any public service corporation, partnership, or proprietor-
ship who shall for thirty day period willfully refuse or
fail to report in the manner provided by this charter shall
forfeit and pay to the City the sum of one hundred dollars
per day for each and every day during which it shall continue
in default; or, if any such enterprise shall file any report,
knowing that the same does not truly report the facts about
the matters mentioned therein, it shall forfeit and pay to
the City the sum of one thousand four hundred ($1,400) dollars
for each such willfully false report and shall be liable for
submittal of a corrected report within two weeks from notifi-
cation by the City of any errors under the same penalty
provisions as the original report.
Section 9.11 Accounts of Municipally Owned Utilities
Accounts shall be kept for each public utility owned or operat-
ed by the City, in such manner as to show the true and complete financial
results of such city ownership and operation, including all assets,
appropriately subdivided into different classes, all liabilities sub-
divided by classes, depreciation reserve, other reserves, and surplus;
also revenues, operating expenses including depreciation, interest pay-
ments, rental, and other disposition of annual income. The accounts
shall show the actual capital cost to the City of each public utility
owned, also the cost of all extensions, additions and improvements,
and the source of the funds expended for such capital purposes. They
shall show as nearly as possible the cost of any service furnished to
or rendered by any such utility to any other city or governmental
department. The Council shall annually cause to be made by a certified
public accountant and shall publish a report showing the financial results
of such city ownership and operation, giving the information specified
in this section or such data as the Council shall deem expedient.
Section 9,12 Sales of Municipal Services
The Council shall have the power and authority by ordinance:
(47)
A. In or outside
the limits of
the City, to sell
and
distribute
water; sell
and provide sewer service; sell
and
provide
garbage and
trash collection
and disposition;
and
to sell
and provide
other municipal
services.
B. To establish
specifications
for materials and
construction
used within
or beyond the limits
of the City
for
such
municipal services;
inspect
same and require
such
materials
to be kept
in good order and
condition at all
times; make
such rules
and regulations as
shall be necessary
and proper;
and prescribe
penalties for
noncompliance with same.
Section 9.13 Franchise Records
The City shall compile and maintain a public record of
public utility franchises.
(48)
ARTICLE x
TRANSITIONAL PROVISIONS
Section 10.01 Schedule
A. This
charter shall
take
effect immediately following adoption
by the voters,
and shall be
fully
operable within one year after adop-
tion, except as
provided in
C. of
this Section.
B. Upon the adoption of this charter, the present members of the
Council shall serve until the terms to which they were elected shall
have expired and until their successors shall have qualified. At the
first regular meeting of the Council after adoption of this charter,
position numbers shall be assigned in accordance with Article III,
Section 3.01 of this charter, with position number 5 being the vacant
position.
C. Conversion of the accounting system from a cash basis to an
accrued cost basis shall occur at the beginning of the first fiscal
year after employment of the City Manager,
Section 10.02 Officers and Employees
A. Rights and Privileges Preserved. Nothing in this charter
except as otherwise specifically provided shall affect or impair the
rights or privileges of persons who are city officers or employees at
the time of its adoption.
6.
Continuance of Office
or Employment. Except as specifically
provided
by this charter, if
at
the time this charter takes full effect
a city administrative officer or
employee holds any office or position
which is
or can be abolished
by
or under this charter, he shall con-
tinue in
such office or position
until adoption of some specific
provision
under this charter
directing
that he vacate the office or
position.
C. Personnel System. An employee holding a city position at
the time this charter takes full effect, who was serving in that same
or a comparable position at the time of its adoption, shall not be
subject to competitive tests as a condition of continuance in the same
position but in all other respects shall be subject to the personnel
system provided for in Article IV, Section 4.06.
Section 10.03 Effect of Charter on Existing Law
All codes, ordinances, resolutions, rules and regulations
in force on the effective date of this charter, and not in conflict
with this charter, shall remain in force until altered, amended or
repealed by the Council. All taxes, assessments, liens, encumbrances
and demands, of or against the City, fixed or established before such
date, or for the fixing or establishing of which proceedings have be-
gun at such date, shall be valid when properly fixed or established
either under the law in force at the time of the beginning of such
proceedings or under the law after the adoption of this charter.
Section 10.04 Pending Matters
All rights, claims, actions, orders, contracts, franchises,
and legal or administrative proceedings in existence at the time of
the adoption of this charter shall continue until consummation. All
renewals or new rights, claims, actions, orders, contracts, franchises,
and legal or administrative proceedings arising after the adoption of
this charter shall be conducted pursuant to this charter.
Section 10.05 Franchises
Within six months after tYie effective
every public utility and every owner of a public
shall file with the City certified copies of all
claimed, or under which such utility is operated
(50)
date of this charter,
utility franchise
franchises owned or
in the City.
ARTICLE Al
GENERAL PROVISIONS
Section 11.01 Public Records
All public records of every office, department, or agency
of the City shall be open to inspection by any citizen at all reasona-
ble times, provided that police records, vital statistic records,
records and files of the Department of Law, and any other records
closed to the public by law, shall not be considered public records
for the purpose of this section. During normal office hours, any
citizen of the City or any duly authorized representative of the
press or other news media shall have the right to examine any such
public records belonging to the City and shall have the right to make
copies thereof under such reasonable rules and regulations as may be
prescribed by the Council or by this charter.
Section 11.02 Official Newspaper
The Council shall contract annually with, and by resolu-
tion designate, a public newspaper of general circulation in the City
as official organ thereof, and to continue as such until another is
designated, and shall cause to be published therein all ordinances,
notices and other matter required by this charter, by the ordinances
of the City, or by the Constitution and/or laws of the State of Texas
to be published.
Section 11.03 Personal Financial Interest
No officer or employee of the City shall have a financial
interest, direct or indirect, in any contract with the City, or shall
be financially interested, directly or indirectly, in the sale to the
City of any land, materials, supplies or service, except on behalf of
the City as an officer or employee. Any willful violation of this
Section shall constitute malfeasance in office, and any officer or
employee guilty thereof shall be subject to removal from his office or
position. Any violation of this Section, with the knowledge, expressed
or implied, of the person or corporation contracting with the Council
shall render the contract involved voidable by the City Manager or the
Council.
(51)
Section 11.04 Nepotism
No person related within the second degree by affinity, or
within the third degree by consanguinity to any elected officer of the
City, or to the City Manager, shall be appointed to any office,
position or clerkship or other service of the City, but this prohi-
bition shall not apply to officers or employees who have been continu-
ously employed by the City for not less than two years prior to the
election or appointment of the officer related in the prohibited degree.
Section 11.05 Assignment, Execution, and Garnishment
The property, real and personal, belonging to the City shall
not be liable to be sold or appropriated under any writ or execution
or cost bill. The funds belonging to the City, in the hands of any
person, firm or corporation, shall not be liable to garnishment, attach-
ment, or sequestration; nor shall the City be liable to garnishment on
account of any debt it may owe or funds or property it may have on hand
or owing to any person. Neither the City nor any of its officers or
agents shall be required to answer any such writ of garnishment on any
account whatever. The City shall not be obligated to recognize any
assignment of wages or funds by its employees, agents or contractors.
Section 11.06 Security or Bond not Required
It shall not be necessary in any action, suit or proceeding
in which the City is a party, for any bond, undertaking, or security
to be demanded or executed by or on behalf of said City in any of the
State Courts, but in all such actions, suits, appeals, or proceedings
same shall be conducted in the same manner as if such bond, undertaking
or security had been given as required by law.
Section 11.07 Separability Clause ,
If any section or part of section of this charter shall be
held invalid by a court of competent jurisdiction, such holding shall
not affect the remainder of this charter nor the context in which such
section or part of section so held invalid may appear, except to the
extent that an entire section or part of section may be inseparably
connected in meaning and effect with the section or part of section
to which such holding shall directly apply.
(52j
Section 11.08 Amending the Charter
Amendments to this charter may be framed and submitted to
the voters of the City in the manner provided by Chapter 13 of Title 28
of the Revised Civil Statutes of Texas, 1925, as now or hereafter en-
acted.
Section 11.09 Charter Review Commission
The Council shall appoint at its first regular meeting in
July of every fifth year after approval of this charter, a Charter
Review Commission of five citizens of the City of Friendswood.
A. Duties of the Commission:
1. Inquire into the operation of the City Government under
the charter provisions and determine whether any such
provisions require revision. To this end public hearings
may be held; and the Commission shall have the power to
compel the attendance of any officer or employee of the
City and require the submission of any of the City
records which it may deem necessary to the conduct of
such hearing.
2. Propose any recommendations it may deem desirable to
insure compliance with the provisions of the charter by
the several departments of the City government.
3. Propose, if it deems desirable, amendments to this
charter to improve the effective application of the
charter to current conditions.
4. Report its finding and present its proposed amendments,
if any, to the Council.
B. Action by the Council:
The Council shall receive and have published in the designated
official public newspaper of the City any report presented by the
Charter Review Commission; shall consider any recommendations made,
and if any amendments be presented as part of such report, may
order such amendment or amendments to be submitted to the voters
of the City in the manner provided by Chapter 13 of Title 28 of
the Revised Civil Statutes of Texas, 1925, as now or hereafter
amended.
(53)
C. Term of Office. The term of office of such Charter Review
Commission shall be six months, and at the completion of such
term a report shall be presented to the Council, and all records
of the proceedings of such Commission shall be filed with the
City Secretary and shall become a public record.
Section 11.10 Submission of Charter to Voters.
The Charter Commission in preparing this charter concludes
that it is impracticable to segregate each subject so as to permit a
vote of "yes" or "no" on the same, for the reason that 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 the said charter be voted upon as a
whole and that it shall be submitted to the qualified voters of the City
of Friendswood at an election to be held for that purpose on October 16,
1971. Not less than thirty days prior to such election, the City
Council shall cause the City Secretary to mail a copy of this charter
to each qualified voter of the City of Friendswood as appears from the
latest certified list of registered voters. If a majority of the
qualified voters voting in such election shall vote in favor of the
adoption of this charter, it shall become the charter of the City of
Friendswood, and after the returns have been canvassed, the same shall
be declared adopted and the City Secretary shall file an official copy
of the charter with the records of the City. The Secretary shall
furnish the Mayor a copy of said charter, which copy of the charter so
adopted, authenticated and certified by his signature and the seal of
the City, shall be forwarded by the Mayor to the Secretary of State of
the State of Texas and shall show the approval of such charter by
majority vote of the qualified voters voting at such election.
INDEX
ACCOUNTING
Section
Page
Accrual basis
8.07
B
43
Approval of expenditures
8.07
A
42
Audit of accounts
8.07
C
43
Control of purchases
8.08
43
End of year statement
4.01
D.5
16
Monthly statements to Council
8.07
B
43
ADMINISTRATIVE - SERVICES
Administrative departments
4.05
18
City Assessor and Collector
7.01
32
City Attorney
4.03
17
City Secretary
4.04
17
Directors of Departments
4.05
18
Municipal Court
4.02
16
Office of Taxation
7.01
32
ANNEXATION - DEANNEXATION
In general
2.02
3
Limited purpose annexation for planning,
zoning, sanitation and health protection
2.02
4
Rights of new citizens
2.02
4
APPOINTMENTS
By City Manager
4.01
D.2
15
Council not to interfere with
3.08
B
9
Of Acting City Manager
4.01
E
16
Of Board of Equalization by Council
7.04
33
Of City Assessor and Collector (See
Dept. Heads)
7.01
32
Of City Attorney by Council
4.03
17
Of City Manager by Council
4.01
A
15
Of City Secretary by Council
4.04
17
Of Clerk of Municipal Court
4.02
C
16
Of Council vacancies by Council
3.06
C
8
Of Department Heads by City Manager/Council
4.01
D.2
15
Of Judge of Municipal Court by Council
4.02
B
16
Of Mayor Pro-tem by Council
3.05
8
Of Secretary to Board of Equalization
7.04
33
Of Special Counsel by Council
4.03
20
APPROPRIATIONS
Budget establishes
8.03
E
40
Emergency
8.04
B
41
Lapse at end of year
8.06
42
Limitations
8.04
E
41
Reduction of
8.04
C
41
Supplemental
8.04
A
40
(55)
ASSESSMENT
Section
Page
Appeal
to City Assessor and Collector
7.03
D
33
to Board of Equalization
7.03
D
33
7.04
A.9
34
For tax purposes
7.03
32
Increase of assessment - notice required
If rendered by owner
7.03
D
32
If not rendered by owner
7.03
E
33
If raised by Board of Equalization
7.04
A.9
34
Of mixed and joint interest
7.07
36
Of property omitted in prior years
7.03
F
33
Of real and personal property
7.03
32
Office of Taxation
7.01
32
Renditions
See Renditions
Street Improvements, limit of assessment
2.05
5
Owner may have five years to pay
2.05
5
ASSIGNMENT, EXECUTION, GARNISHMENT
City not obligated to recognize
11.05
52
City not liable
to
11.05
52
Employees not liable to
11.05
52
Officials not liable to
11.05
52
AUDIT OF CITY BOOKS AND ACCOUNTS
8.07
C
43
BALLOT
How to get name on
6.02
28
Order of
names
6.03
B
29
Official
6.03
29
BIDS 8,08 43
BOARD OF EQUALIZATION
Appointment by May 15 and compensation
7.04
33
by Council
Approval of rolls
7.04
B
35
Convene by first day of June
7.04
33
Notice to property owner required
See Assessments,
increase of
Powers and duties
7.04
A
34
Public hearings, notice required
7.04
A.10
35
Qualifications
7.04
33
Quorum
7.04
33
Records open to public
7.04
B
35
Rules and regulations
7.04
34
Secretary appointed by City Manager
7.04
33
BONDS
Bonds incontestable
8.05
D
42
General obligation bonds
8.05
B
42
(56)
BONDS (cont'a)
Refunding bonds
Required of certain officers
Required of City Manager
Revenue bonds
Security or bond not required
Section
8.05 B
and employees 3.15
4,01 A
8,05 C
11,06
BORROWING
For capital improvements
To meet emergency appropriations
BOUNDARIES
Of the City
BUDGET
A public record
Adoption by Sept. 15 required
Amendment after adoption
Amendment before adoption
Capital Program
Contents
Expenditures not to exceed estimated
income
Failure to adopt by Sept. 15
Hearing
Message
Notice of and public hearing on
Prepared and submitted by City Manager
Submission to Council by August 1
CHARTER
Amending
Amending on recommendation of Review
Commission
Effect on existing law
Effect on pending matters
Existing franchise and utilities must
declare claim
Submission to voters
CHARTER REVIEW COMMISSION
Appointed by Council in July every
five years
Duties
Hearings
Proceedings a public record
Recommendations may be submitted to voters
Report to be published
Term of office to be six months
(57)
8.05
8.04 B
8,03
8.03
E
8.04
8,03
D
8.03
A.11
8.03
A
8.03
A
Page
42
14
15
42
52
r^,
8,03
F
40
8,03
C
40
8,03
A
38
8.03
C
40
4.01
D44
15
8.03
B
39
11.09 B 53
10,03 50
10.04 50
10.05
50
11,10
54
10.09
53
1109
A
53
11.09
A,1
53
11,09
C
54
11.09
B
53
11.09
B
53
11.09
C
54
CITY
Powers of
CITY ASSESSOR AND COLLECTOR
Assesses property omitted in prior years
Assesses property when no rendition
made by owner
Director of Office of taxation
Power of County Tax Assessors and
Collectors
Required to give notice of raise in
assessment
Reviews renditions
Secretary to Board of Equalization
CITY ATTORNEY
Appointed by Council
Compensation
Duties
Qualifications
for indefinite term
Special Counsel may be retained
CITY CODE
Section Page
ARTICLE II 3
7.03 E 33
7.01 32
7,03 D 32
7.03 D 32
7.04 33
4.03
17
4.03
17
4.03
17
4.03
17
4.03
17
See Codification
CITY JUDGE
Appointed by Council
for indefinite term
4.02
B
16
Compensation
4.02
B
16
Disability or absence
4.02
E
16
Qualifications
4.02
B
16
CITY MANAGER
Absence or disability
of
4201
E
16
Acting City Manager
4.01
E
16
Appointed by Council
for indefinite term
4.01
A
15
Bonded for not less than
$10,000
4.01
A
15
Compensation
4.01
B
15
May head one or more
departments
4.05
16
Personnel Rules to be
prepared by
4.06
E
19
Powers and duties
4.01
D
15
Qualifications
4.01
A
15
CITY SECRETARY
Appointed by Council
for indefinite term
4.04
17
Compensation
4.04
B
17
Duties
4.04
A
17
Maintains voter registration
list
6.01
C
28
Signs and records
ordinances
3,14
A
13
Office to be provided
4.04
17
CLAIMS AGAINST THE CITY See Tort liability
CLERK OF MUNICIPAL COURT
Section
Page
Appointment
4.02
C
16
Duties
4.02
D
16
CODIFICATION OF ORDINANCES
Charter and other laws to be included
3.14
B
13
May be purchased by public
3.14
B
14
Required every ten years
3.14
B
13
Required within one year of charter
adoption
3.14
B
13
To be placed in libraries, etc.
3.14
B
13
CONFLICT OF INTEREST
CONTRACTS
See Personal Financial Interest
Procedure
8.08
43
Officials shall not be interested in
11.03
51
Contract voidable
11.03
51
Power of City to contract
2.01
3
Official newspaper
11.02
51
COUNCIL
Compensation
3.04
7
Filing for office
6.02
28
Forfeiture of office
3.06
B
8
Induction into office
6.04
D
31
Investigation by
3.16
14
Judge of elections and qualifications
3.03
7
Mayor a voting member of
3.05
8
Mayor Pro-tem elected at first meeting
3.05
8
Meetings
See
Council
Meetings
Number, Selection and term
3.01
7
Oaths of office
6.05
31
Positions elected at large
3.01
7
Powers and duties
In general
3.07
9
Investigation by
3.16
14
Prohibitions
3.08
9
Solicitation of Campaign funds
4.06
C
18
Personal financial interest in
contracts, etc.
11.03
51
Qualifications
3.02
7
Recall
See
Recall
Term
3.01
7
Vacancies
3.06
8
Appointment by Council until next election
In case of one vacancy
3.06
C
8
Within 120 days of regular election
3.06
C
9
Election
3.06
C
10
(59)
COUNCIL MEETINGS
Section
Page
Executive session, may be recessed
by motion
3.09
10
Action to be taken in open meeting
3.09
10
Limitations of
3.09
10
Mayor presiding officer
3.05
8
Minutes a public record
3.10
10
Open to public
3.09
10
Procedure to enact ordinances
See Ordinances
Quorum consists of four members
3.10
10
Procedure when membership less than four
3.06
9
Rules of procedure
3.10
10
Special meetings on call of Mayor or
four members
3609
10
Time to be fixed by ordinance
3.09
10
Vote of four councilmen needed for valid
action to be taken by roll call
3.10
10
DAMAGE SUITS
Special provision for
2.06
6
DEPARTMENTS
Administrative
4905
18
Changes by Council
4.05
18
Directors of
4.05
18
Appointed by Manager with Council
concurrence
4.01
D62
15
Have supervision and control of own
department
4.05
18
ELECTIONS
Ballots
6.03
29
Canvassing and results
6.04
30
City Secretary to notify persons elected
6.04
D
31
Council to be judge of elections,
qualifications
3403
7
Election officials appointed by Council
6*01
D
28
Eligibility to file
6.02
A
28
Failure of Council to order recall election
5.13
27
Filing procedure for candidates
6.02
B,C
29
Initiative election See also
Initiative
and Referendum
Called by Council
5.06
A
25
Holding of election
5,06
B
25
Power of voters to propose
5.01
A
21
Results
5.07
A
25
Majority vote required to elect
6.04
B
30
Oaths of office
6605
31
Recall election
See also Recall
Called by Council
5409
26
(60)
ELECTIONS (cont'd)
Section
Page
Recall election (cont'd)
Failure of Council
to call
5.13
27
Power of voters to
propose
5.08
26
Results
5.10
26
Referendum election
See also
Initiative
and Referendum
Called by Council
5.06
A
25
Holding of election
5.06
B
25
Power of voters to
propose
5.01
B
21
Results
5.07
C
26
Regular City election
first Saturday
in April
6.01
A
28
Regulations and conduct
6.01
D
28
Run-off elections
6.04
C
30
Sample ballots to be
posted
6.01
D
28
Special elections
6.01
B
28
Voter registration list
to be available
6.01
C
28
EMINENT DOMAIN
Power of 2.03 4
ENFORCEMENT
Of state laws and City ordinances a
responsibility of City Manager
4.01
D.l
15
Of City ordinances, bylaws and resolutions
a responsibility of the Mayor
3.05
8
Charter non-compliance grounds for recall
5.08
26
Failure of Council to call recall election
5.13
27
Failure to report by public service
corporation
9.10
B
47
False report by public service corporation
9.10
B
47
Forfeiture of office
3.06
B
8
Funds, illegal
disbursement cause for
removal
8.07
A
43
Personal financial interest constitutes
malfeasance
11.03
51
FORFEITURE OF OFFICE
3.06
B
8
FINANCE
Administration by City Manager
4.01
D.4,6
16
Annual report by City Manager
4.01
D.5
16
Appropriations
See
Appropriations
Bonds
See
Bonds
Borrowing
See
Borrowing
Budget
See
Budget
Capital Program
See
Budget
Fiscal year October 1 to September 30
8.01
38
Purchase procedure
See
Purchasing
Taxation
See
Taxation
(61)
FORM OF GOVERNMENT
Section
Page
Consists of Mayor, Council, and
City Manager
1402
1
City Manager responsible to Council
1,02
1
FRANCHISES AND PUBLIC UTILITIES See also
Municipally
Owned
Utilities
Accounts, form of
9,07
D
45
Annual reports required
9,10
A
46
Failure to file
9,10
B
47
False report
9610
B
47
Reviewed annually by Council
9,10
A
47
Effect of Charter on existing franchises
10404
50
Owners to file within six months
100005
50
Emergency ordinances precluded
9009
46
Extensions of public utilities within city
9408
46
Franchises limited to thirty years
9,02
44
Franchise records a public record to be
maintained by the City
9,13
48
Franchise value not allowed
9,06
45
Granting; ordinance publication required
9403
44
Not to be exclusive
9,04
44
Publication required
9403
44
Regulations of; right of City
9407
45
Rates regulated by ordinance
9,09
46
Notice and hearing required
9609
46
Repeal by ordinance
9,07
A
45
Notice and hearing required
9,07
A
45
Transfer by ordinance
9,05
44
FUNDS
Disbursement
8,07
A
43
Illegal disbursement cause for removal
8,07
A
43
GARNISHMENT
City not liable to 11.05 52
HEARINGS
Budget
8.03
C
40
Board of Equalization
7.04
A,5
34
Charter Review Commission
11409
A,1
53
Franchise rates
9009
46
Franchise repeal
9,07
A
45
IMPROVEMENTS
Capital improvements
8,03
A411
39
Street
2,05
5
INDEPENDENT AUDIT
(62)
8,07'C 43
INITIATIVE AND REFERENDUM
Section
Page
General authority
5.01
21
Limitations, immediate, upon ordinance
affected
Limitation of Council action
5,02
22
Referred Ordinance suspended
5,05
24
Limitation of Council repeal of
initiative ordinance
5.07
B
26
Petitions
Council action on sufficient petitions
5906
A
25
Determination of sufficiency by City
Secretary
5,04
23
Insufficient petitions
Amendment of petition
5,04
E
23
Appeal to Council
5o04
D
23
Court review
5o04
F
24
New Petition
5.04
F
24
Requirements for petitions
5,03
22
Sufficient petitions, council action
5,06
A
25
Withdrawal of petitions by committee
5906
C
25
Petitioners' Committee; initiation of
proceedings
5,02
21
Submission to voters
5.06
B
25
INTERIM MUNICIPAL GOVERNMENT 10,01 49
INTERFERENCE IN PERSONNEL MATTERS 3,08 B,C 9
INVESTIGATION BY COUNCIL 3.16 14
JUDGE, CITY See City Judge
JUDGE: COUNCIL TO BE JUDGE OF ELECTIONS AND
QUALIFICATIONS 3,03 7
MAYOR See also Council
Powers and duties 3,05 8
MAYOR PRO-TEM
Elected by Council at first meeting
after election
Powers and duties
MUNICIPAL COURT
Clerk appointed by Manager with Council
approval
Powers and duties
Established for misdemeanor offenses
Fines to be paid into the City treasury
Judge appointed by Council
Disability or absence
(63)
See also Council
3.05 8
3,05 8
4,02
C
16
4,02
D
16
4,02
A
16
4.02
F
17
4.02
B
16
4.02
E
16
MUNICIPALLY OWNED UTILITIES
Section
Page
Accounts
9.11
47
Sale of services in or outside city
9.12
A
48
Specifications of materials and
construction in or outside city
9.12
B
48
NEPOTISM
11.04
52
OFFICIAL NEWSPAPER
Council shall contract annually
11.02
51
ORDINANCES
Amended ordinances to be placed again
on first reading
3.11
B
11
Amendment or repeal by ordinance only
3.11
A
11
Authentication and recording by City
Secretary
3.14
A
13
Budget/tax ordinance adoption
8.03
C,D,E,F
40
City Attorney shall review
3.11
B
11
Codes of technical regulations
3.13
12
Codification
See
Codification
Effective dates
3.11
C
11
Emergency ordinances
3.12
12
Numbering
3.12
12
Repealed automatically as of 61st day
3.12
12
Taxes, franchises, utility rates excluded 3.12
12
Vote; five affirmatives required to pass
3.12
12
Enacting clause
3.11
A
10
Franchise ordinances
See
Franchises
Furnished to citizens upon request
3.11
B
11
Numbering
3.14
A
13
Emergency ordinances designated by "E"
3.12
12
Posting requirements
3.11
B
11
Public record
3.14
A
13
Printing and distributing, form
3.14
C
14
Publication in official newspaper
3.11
C
12
Readings; three required; exceptions
3.11
B
11
Reading may be by title; third reading
in full
3.11
D
12
Signing of ordinances
By Mayor
3.05
8
By City Secretary
3.14
A
13
Vote necessary to adopt
3.10
10
PENALTIES
See
Enforcement
PERSONAL FINANCIAL INTEREST PROHIBITED 11.03 51
Constitutes malfeasance 11.03 51
Makes contract voidable by City Manager
or Council 11.03 51
(64)
PERSONNEL
Section
Page
Appointments and promotions
4.06
A
18
Classified service
4.06
B
18
Contribution or solicitation
for campaign
funds prohibited; grounds
for forfeiture
4.06
C
18
Discrimination because of race, sex,
religion, or politics prohibited
4.06
C
18
Insurance
4.06
D
19
Pensions
4.06
D
19
Rules to be prepared by City
Manager,
adopted by Council; requirements
4.06
E
19
PETITION
Charter amendments
11.08
53
Initiative and referendum
5.03
22
Recall
5.08
26
5.09
26
PLATTING OF PROPERTY
Within the City
2.02
4
Within the extra -territorial
jurisdiction
2.02
4
PUBLIC PROPERTY
Conveyance or lease to be by
ordinance
2.04
5
Power of Council
4.04
5
PUBLIC UTILITIES AND FRANCHISES
See franchises
PUBLIC RECORDS
Records of City open to inspection;
exceptions
11.01
51
PUBLICATION
Charter Review Commission report
11.09
B
53
Franchise ordinances in full one time
9.03
44
Notice of public hearing on budget
8.03
C
40
Notice of public meetings of Board of
Equalization
7.04
A.10
35
Notice of hearing for franchise rate
regulation
9.09
46
Notice of hearing for franchise repeal
9.07
A
45
PURCHASING PROCEDURE
8.08
43
RECALL
Authority for recall
5.08
26
Election ordered by Council
5.09
26
Failure of Council to call election
5.13
27
Grounds for recall
5.08
26
Limitations of recall
5.11
26
(65)
RECALL (cont'd)
Petitions, requirements
Section Page
5.08 26
5.09 26
Public hearing on request of affected
official
Recalled official may not succeed himself
Results of election
5.12
5.10
5.10
27
26
26
REFERENDUM See
Initiative
and
Referendum
RENDITION OF PROPERTY
Council shall prescribe mode and penalties
Failure to render; assessment by
See
7.03
also Assessment
193
32
Assessor -Collector
Failure to render; penalties
Review by City Assessor and Collector
Shall be made by landowner between
7.03
7.03
7.03
E
C
D
33
32
32
January 1 and April 1
7.03
B
32
RESIDENCE REQUIREMENT
Of City Manager
Of Mayor and Councilmen
4.01
3.02
A
15
7
SECURITY
City not required to give
11.06
52
SEPARABILITY CLAUSE
11.07
52
STREETS
Limit of assessment for
Owner may have five years to pay
Assessment of railroads and public
utilities
See
2.05
2.05
2.05
also
Public
Property
5
15
5
SUITS
City Attorney shall represent; exception 4.03 17
Damages See Tort Liability
Tort claims See Tort Liability
TAX ASSESSOR AND COLLECTOR See City Assessor and Collector
TAXATION
Arrears of taxes offset to debt
against City
Board of Equalization
Certification of tax roll
Delinquent February le,penalties
Discount and compromise
Due and payable October 1 through
January 31
(66)
See also Assessment; also City
Assessor and Collector
7.08 36
See Board of Equalization
7.04 B 35
7.05 35
7.09 37
7.05 35
TAXATION (cont'd)
Liens and liabilities
Office of Taxation
Omission from tax roll does not relieve
owner from obligation to pay
Power to tax
Regulations and penalties
Rendition
TORT LIABILITY
Section
7.06
7.01
7.05
7,02
7.10
See Rendition
Page
35
32
35
32
37
Limitations on suits for 2.06 6
Notice in writing required within
thirty days 2,06 6
Time limits of 2,06 6
UTILITIES See Franchises and Public Utilities
ZONING
General Power
(67)
2,07
C�