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HomeMy WebLinkAbout1988 05 09 CharterYEAR, FISCAL , Finances. See that title 9r ZONING General powers ...... Supp. No.11 1396 �/I y ?CP v)awt, j?k FRIENDSWOOD, TEXAS This pamphlet is a reprint of the Charter of the Code of Friends - wood, Texas, asp s e y order of the City Council. MUNICIPAL CODE CORPORATION Tallahassee, Florida 1988 CHARTER FRIENDSWOOD, TEXAS This pamphlet is a reprint of the Charter of the Code of Friends - wood, Texas, as published by order of the City Council. MUNICIPAL COi3>; CORPORATION (;, Tallahassee, Florida 1988 PARTI CHARTER* Art. I. IncorUoration, Fm•m of Government and Boundaries, §§ 1.01—L03 Art. H. Powers of the City, §§ 2.01-2.07 Art. III. The City Council, §§ 3.01-3.16 Art. IV. Administrative Services, §§ 4.01-4.06 Art. V. Initiative, Referendum and Recall, §§ 5.01-5.13 Art. VI. Nominations and Elections; Oath of Office, §§ 6.01-6.05 Art. VII. Tax Administration, §§ 7.01-7.10 Art. VIII. Financial Administration, §§ 8.01-8.08 Art. IX. Franchises and Public Utilities, §§ 9.01-9.13 Art. X. Transitional Provisions, §§ 10.01-10.05 Art. XI. General Provisions, §§ 11.01-11.10 PREAMBLE Good government can only be defined as that which is wholly and justly participated in by the people who are under its jurisdiction. 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 AND BOUNDARIES Sec. 1.01. Incorporation. The inhabitants of the City of P•riendswood, Galveston County, Texas, residing within its corporate limits as heretofore or hereafter established, are hereby constituted and shall continue to be a municipal body politic and corporate in perpetuity under the name of the "City of *Editor's note —The chorter is set out herein as adopted at the election held for that purpose on October Iti, 1971. Said charter became effective on the same dale. Amendments to the charter are cited in parentheses following amended sections. The editor has inserted state law references where it appeared aplxopriute. Supp. No. 11 I § 1.01 FRII�.NDSWOOD COD)'✓ b'riendswood," hereinafter referred to as the "city" with such powers, privileges, rights, duties and immunities as are herein provided. Sec. 1.02. form of government. The municipal govel•nment provided by this chal•ter shall consist of a mayor and councilmembers, 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 councilmembers, 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. (Res. No. R88-15, § 3, 5-9-88) Sec. 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 incorpora- tion 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 annexation ordinances and proceedings of the City of Friendswood, Texas. ARTICLE II. POWERS OF THE CITY Sec. 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 contracted with; may cooperate with the government of the State of Texas or any agency or any political subdivision thereof; or with the federal Stipp. No. 11 2 CHARTliR § 2.02 government or any agency thereofI 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 Constitution 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. Sec. 2.02. Change of boundaries and annexation of territory. The council shall have the power by ordinance to fix the bound- ary 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 inhab- itants or owners of such area to be detached. Such annexation or Stipp. No. 11 § 2A2 FRI F.NDSWOOD COUIs' detachment of any such territm•y shall be in accordance with the provisions of Chapter 160, Page 447, Acts of 1963, 58th Legisla- ture, 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 terri- tory has been so annexed, same shall be a part of the city and the property situated therein shall bear its pro rata part of the taxes levied by the city, 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. In addition to the power to annex all additional property for all purposes, the city shall have the proper 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. (Res. No. R-3-82, § 1, 3-1-82) Sec. 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 nearlv as taki� the position of the railroad corpor•ltion in •lnv such cr=ate--- The clty 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. (Ord. No. 214, § 1, 34-74) Stipp. No. 11 d CHARTIsR § 2.05 Sec. 2.04. Streets and public property. The city shall have exclusive dominionI control and jurisdiction 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 authori- zation of the conveyance or lease of any lands of the city shall be by ordinance. Sec. 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, narrowing, 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 constructing, reconstructing, altering, repairing, and realigning curbs, gutters, drains, sidewalks, culverts, and other appurtenances and incidentals in connection with such development and improvement authorized herein - above, 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. 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 hereafter amended, the same Supp. No. 11 5 § 2A5 FRIENDSWOOD CODE being Article 1105b of the Vernon's Annotated Civil Statutes of Texas. The procedure for the adoption of ordinances for street development and improvement shall be: A. A copy of the proposed ordinance shall be furnished to (1) each member of the city council, (2) the city attorney and (3) any citizen of the city upon request to the city secretary, at least three (3) days before the date of the meeting at which the ordinance is to be considered. B. A street development and improvement ordinance may be adopted and finally passed at the meeting at which it is introduced. (Ord. No. 214, § 1, 34-74) Sec. 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 or 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 Supp. No. 11 CHARTl3R § 3.02 been filed with the city manager or the city secretary. After . the expiration of the sixty (60) days aforementioned, the complainant may then have two (2) years in which to bring an action of law. State law reference —For such provision as to death or personal injury cases, see V.T.C.S. art. 6252-19, wherein six months' time is given. Sec. 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 1011i 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. State law reference —Additional authority, V.T.C.S. art. 1175(26). ARTICLE III. THE CITY COUNCIL Sec. 3.01. Number, selection and term. The council shall be composed of the mayor and six (6) councilmembers. The mayor and all councilmembers shall be elected from the city at large, and each councilmember shall occupy a position on the council, such positions being numbered 1 through 6 consecutively. The mayor and councilmembers shall be elected to serve for two-year terms. At the first general election held under this charter, and each even -numbered year thereafter, the mayor• and three (3) council - members shall be elected, with the councilmembers filling posi- tions 1, 3, and 5. The following year, and each odd -numbered year thereafter, three (3) councilmembers shall be elected to fill posi- tions 2, 4, and 6. (Res. No. R88-15, § 3, 5-9-88) Sec. 3.02. Qualifications. In addition to any other qualifications prescribed by law, the mayor and each councilmember shall meet the conditions of see- Supp. No. 11 § 3.02 FRIENDSWOOU CODP tion 6.02(a), items (1), (2), and (3) while in office, and shall reside within the city while in office. (Res. No. R88-15, § 3) 5-9-88) State law reference —As its eligibility of candidate, see V.A.T.S. Election Code, arts. 1.06, im-i. Sec. 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. Se>r. 3.04. Compensation. Members of the council shall serve without compensation; Provided, however, that they shall be entitled to all necessary expenses incurred in the performance of their official council duties upon approval by the council. Sec. 3.06. Mayor and mayor pro ten. The mayor shall be the official head of the city government. He/she shall be the chairman and shall preside at all meetings of the council. The mayor shall vote on every proposition before the council, but shall have no power of veto. He/she shall see that all ordinances, bylaws, and resolutions of the council are faithfully obeyed and enforced. He/she shall, when authorized by the coun- cil, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts and bonds. He/she shall appoint special committees as he deems advisable and as instructed by council. He/she shall perform such other duties consistent with this charter or as may be imposed upon him by council. The mayor pro ten shall be a councilmember elected by the council at the first regular council meeting following each regular city election. The mayor pro tem shall act as mayor during the disability or absence of the mayor, and in this capacity shall have the rights and duties conferred upon the mayor. (Ord. No. 214, § 1, 3-4-74; Res, No. R-3-82, § 1, 34-82; Res, No. R88-15, § 315-9-88) Supp. No. 11 CHARTCR § 3.08 Sec. 3.06. Vacancies, forfeiture, filling of vacancies. (a) Vacancies: The office of a councilmember or office of the mayor shall become vacant upon his/her death, resignation, re- moval from office in any manner authorized by law, or forfeiture oI his/her office. (b) Forfeiture of office: A councilmember or the mayor shall forfeit his office if he/she: (1) Lacks at any time during his/her term of office any qualifi- cation for the office prescribed by this charter or by law; (2) Violates any express prohibition of this charter; (:I) 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) When a vacancy shall develop, the council shall, within thirty (30) days following such vacancy, call an election for the first available election date as provided by the Texas Election Code. Notwithstanding the requirement in Section 2.10 that a quorum of the council consists of four (4) members, if at any time the membership of the council is reduced to less than four (4), the remaining members may by majority action appoint additional members to raise the membership to four (4), These appointees shall serve until the positions can be filled at the next regular or special city election. (Ord. No. 214, § 1, 3-4-74; Res. No. R88-15, § 3, 5-9-88) Sec. 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. Sec. 3.08. Prohibitions. (a) Holding other office: Except. where authorized by law, no mayor or councilmember• shall hold any other city office or city Supp. No. 11 9 § 3.08 PRIENUSWOOD COUP. employment during his/her term as mayor or councilmember, and no former mayor or councilmember• shall hold any compen. sated appointive city office or city employment until one year after the expiration of his term as mayor or councilmember. (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) Inter%rence 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 council nor its members shall give orders to any such officer or employee, either publicly or privately. (Res. No. R88-15, § 3, 5-9-88) Sec. 3.09. Meetings of council. The council shall hold at least two (2) regular meetings each month. All regular meetings of the council shall be held at the city hall of the City of Friendswood. The council shall fix, by resolution, the days and times of the regular meetings. The council may hold such special meetings as it deems neces- sary and appropriate, which may be called for by the mayor or by four (4) members of the council. Special meetings shall be held at the city hall of the City of Friendswood unless the council finds that holding such meetings at other locations are necessary due to special circumstances where fact finding, planning, or on -site inspection is required. In no event shall a special meeting be held in any facility or at any location which is not readily accessible to the general public. All meetings of the council shall be held in accordance with Article 6252-17, Texas Revised Civil Statutes, as amended. (Res. No. R-6-80, § 3, 4-7-80; Res. No. R88-15, § 3, 5-9-88) Supp. No. 11 10 CHARTRR Sec. 3.10..Rules of procedure. The council shall, by resolution, determine its own rules and older of business and the rules shall provide that citizens of the city shall have a reasonable opportunity to be heard at any meeting in regard to any matter under consideration. The council shall provide for minutes being taken and recorded of all meet- ings, and such minutes shall be a public record. Voting, except on procedural motions, shall be by roll call if requested by the mayor or any councilman, and the ayes and nays shall be recorded in the minutes. Four (4) councilmembers shall constitute a quorum for the purpose of transaction of business and no action of the council, except as provided in section 3.06 above, shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the council. (Res. No. R-6-80, § 3, 4-7-80; Res. No. R88-151 § 3, 5-9-88) Sec. 3.11. Ordinances in general. (a) 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 repealed except by the adoption o amending or repealing the original or an ordinance is repealed in its entirety, repealing ordinance shall set out it sections, or subsections to be amens shall indicate matter to be omitted brackets and shall indicate new matter not be amended or ' another ordinance finance. Except when the amendatory or full the ordinance, ed or repealed, and I enclosing it in by underscoring. (b) Procedure: Any member of council may offer any ordinance in writing that he/she desires after it has been approved by the city attorney as to form and has been placed on the agenda of a r egular council meeting. Copies of the proposed ordinance, in the Supp. No, 11 11 § 3.11 i'RIIiNDSWOOD CODP form required for adoption, shall be furnished 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 hall and at least one other public place as shall be designated by ordinance and shall be furnished to citizens, upon request 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 next 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 those with specific adoption pro- cedures as set forth below, shall be read at two (2) regular council meetings, with at least two (2) weeks lapsing between readings. A proposed ordinance may be amended on first reading; however, if an amendment is made to the proposed ordinance at the time designated for final reading, the final reading shall be postponed until the next regular council meeting. The procedure for adop- tion of an emergency ordinance shall be in accordance with sec- tion 3.12 hereof, a budget/tax ordinance with section 8.03 hereof, an ordinance relative to street development and improvement with section 2.05 hereof, and ordinances relative to borrowing for capital improvements with section 8.05 hereof. (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 the caption, the offense and penalty clauses of the ordinance have been published in the official city newspaper. (d) Reading: 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 ad- ditional copies are available to citizens present at the meet- ing. If four (4) councilmembers request that the ordinance be read in its entirety, it must be so read. (Ord. No. 214, § 1, 3-4-74; Res. No. R-6-80, § 3, 4-7-80; Res. No. R-3-82, § 1, 3-1-82; Res. No. 1188-15, § 37 5-9-88) Supp. No. 11 12 CHARTER § 3.13 Sec. 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 section 8.04(b). An emergency ordinance shall be introduced 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 (5) 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 (5) members elected to council shall be required for adoption. After adoption, the ordinance shall be numbered as required for other adopted ordinances, with the designa- tion 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 authoriz- ing 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 reenactment of the ordinance. Sec. 3.13. Codes of technical regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. Phe procedure and requirements governing such an adopting ordinance shall be 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 'eZs:} Supp. No. 11 13 § 3.13 PRIRNDSWOOU CODE (b) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded 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. Sec. 3.14. Authentication and recording, codification, printing. (a) Authentication and recording: The city secretary shall authenticate by his/her 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. (b) Codification: Within one year, after adoption of this charter and at least every ten 00) years thereafter, the council shall provide for the preparation of a general codification of all general ordinances of .the city. Every general ordinance 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 published promptly in bound or loose-leaf form, together with this charter and any amendments thereto, pertinent provisions 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 A the city may be omitted without affecting the validity of such ordinances when they are published as a code. Copies Supp, No, 11 14 CHAR'1'h:R § 3.16 of the code shall be furnished to city officers, placed in libraries 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 ouuncil 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 constitution and other laws of the State of Texas, or the codes of technical regulations and other rules and regula- tions included in the code. (Res. No. R88-15, § 3, 5-7-88) Sec. $,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. Sec. 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 testimony 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. y"y Supp. No. 11 15 § 3.17 FRIGNDSWOOD CODP Sec. 3.17. [Officials protected from financial lose.] Duly elected city officials acting in their official capacity shall be protected by the city from personal financial loss resulting from council decisions made while in official ses- sions as a result of law suits filed pertaining to such decisions. (Ord. No. 214, § 1, 34-74) ARTICLF. IV. ADMINISTRATIVE SERVICES Sec. 4.01. City manager. (a) 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, nonpartisan 'action toward securing a competent and qualified person to fill the position. The city manager shall be chosen solely upon the basis of his/her executive and administra- tive training, experience and ability and need not when appointed be a resident of the City of Priendswood; however, during the tenure of his/her 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 dollars ($10,000.00). (b) Compensation: The city manager shall receive com- pensation as may be fixed by the council according to his/her experience, education and training. The compensation should be agreed upon before appointment with the understanding that the council may change it at their discretion. (c) 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) Pourers and duties: The city manager shall be responsible to the council for the proper administration of Supp. No. 11 16 CHARTER § 4.02 all the affairs of the city and to that end shall have the power and be required 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. (;i) Attend all meetings of the council except when excused by council. (4) Prepare the budget annually and submit it to the council and he 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 duties as may be prescribed by this charter or required of himJher by the council, as consistent with this charter. (e) Acting city manager: The city manager shall designate, by letter• filed with the city secretary, a qualified administrative officer of the city to perform the duties of city manager in his or her• absence. In the event of long-term disability, resignation, or termination of the city manager, the council shall appoint an acting city manager for the duration of any such disability, or until appointment of a permanent city manager. No member of the city council shall serve as acting city manager. (Res. No. R-6-80, § 3, 4-7-80; Res. No. R88-15, § 3, 5-9-88) Sec. 4.02. Municipal court. (a) There shall be established and mwintained a com•t, designated as a "municipal court" for the trial of misdemeanor offenses, with all such powers and duties as 4=,� Supp. No. 11 17 § 4.02 IRIENUSWOOI) COUh] are now, o• may hereafter be prescribed by laws of the State of Texas relative to municipal courts. (b) The judge of said court shall be appointed by council to serve at the discretion of the council. He/she 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. A 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 clerics 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. M All costs and fines imposed by the municipal court shall be paid into the city treasury for the use and benefit of the city. (Res. No. R88-15, § 30 5-9-88) State law reference —Jurisdiction, V.11.C.s. art. 1195, V.T.C.C.P. art. 1,111. Sec. 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, she shall receive for his services such compensation as may be fixed by the council and shall hold his/her 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/she shall represent the city in all litigation and legal proceedings; provided, that the council may retain special counsel at any time they deem same appro- priate and necessary. He/she 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. (Res. No. R88-15, § 3, 5-9-88) Supp, No. 11 18 CHARTER § 4.05 Sec. 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/she shall be provided an office in the city hall sufficient to maintain the records entrusted to his/her 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 or•dinanccs 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. (Res. No. R88-15, § 3, 5-9-88) Sec. 4.05. Administrative departments. There shall be such administrative departments as are established 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. �,� Supp. No. 11 19 § 4.05 FRIPNllSWO011 COD13 The head of each department shall be a director who shall have supervision and control over his/her department. Two (2) or more departments may be headed by the same individual and the city manager may head one or more departments. (Res. No. R88.15, § 3, 5-9-88) Sec. 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 riles for the appoint- ment and promotion of employees within such classifica- tions. (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 therein unless specifically excluded therefrom by the ordinance providing for a system of classified services. (c) Prohibited acts: No person employed in the adminis• trative service of the city, or who seeks an appointment thereto, shall be appointed, promoted, reduced, removed, or in any way favored or discriminated against because of his/her race, sex, or his/her political or religious opinions or affiliations. No appointive officeror employee of the city shall make a contri- bution 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 a city office, nor shall he/she be solicited for this purpose, but his/her right to express an opinion or to cast a vote as a citizen shall not be limited. No person seeking appointment to or promotion in the administrative service of the city shall either directly or indirectly give, render, or pay any money, ser- vice, or other valuable thing to any person for or on account of or in connection with his appointment or promotion, or any exami- nation conducted therefor. Any person who either by himself/herself or with others willfully violates any provision of this section shall be ineligible for appointment or election to a position in the Stipp. No. 11 20 CHARTER § 5.01 city For a period of four (4) years, and if he/she is an officer or employee of the city he/she shall immediately forfeit the office or position he holds. (d) 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 discrction 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 policies. The council shall adopt such policies with or without amendment. The personnel policies shall be reviewed on a regu- lar basis. (Res. No. R88-15, § 3, 5-9-88) ARTICLE V. INITIATIVE, REFERENDUM AND RECALL Sea 5.01. General authority. (a) Initiative: 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 election, 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 it new ordinance, or to repeal or amend sections of an existing ordinance. (b) 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 Supp. No. 11 21 § 5.01 FRITiND5WOOD COUG 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. Sec. 5.02. Initiation of proceedings; petitioners' com- mittee; affidavit. Any five (5) qualified voters may begin initiativeor 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 initiative ordinance or the ordinance sought to be reconsidered. Immediately after the affidavit of the petitioners' commit tee is filed the city secretary shall issue the appropriate petition blanks to the petitioners' committee. After the affidavit of the petitioners' committee has been filed, the ordinance sought to be amended or repealed shall not be repealed, 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' commit- tee, 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. Supp. No. 11 22 CNAR1'ER § 6.04 Sec. 6.03. 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 (10) per cent of the total number of qualified voters registered to vote at the last regular city election. (b) 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 certified 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 proposed or sought to be reconsidered. (d) Time for filing petitions: Referendum petitions must be filed within thirty (30) days after adoption by the council of the ordinance sought to be reconsidered. Initiative petitions must be filed within thirty (30) 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. Sec. 5.04. Determination of sufficiency. (a) Certificate of city secretary: Within ten (10) days after the petition is filed, the city secretary shall complete a certificate as to its sufficiency, specifying, if it is insuffi- cient, the particulars wherein it is defective and shall Supp. No. 11 23 �ii i § 5.04 FRIENDSWOOU CODE 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 subsections (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 (2) 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 insufficient 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 within two (2) working clays after receiving the copy of his certificate, and files a supplementary petition with addition- al names within two (2) weeks after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of section 5.03(b) and (c). Within five (5) days after an amended petition is filed, the city secretary shall complete a certificate as to the sufficiency of the petition as amended and shall within twenty-four (24) hours send a copy of such certificate to the petitioners' committee by registered mail as in the case of an supp. No. 11 24 CHAR'PER § 5.06 original petition. The final determination as to the sufficiency of an amended petition shall be determined in the same manner as prescribed for original petitions in section 5.04(b), (c), and (d), except that no petition, once amended, may be amended again. (f) Court reuietu; neuo 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 purpose. Sec. 6.05. Reserved. Editor's to Section 6.05, providing that ordinances be suspended from taking effect when a referendum petition has been filed with the city secretary, was deleted pursuant to Res. No. R-6-80, adopted April 7, 1980, declaring the results of an election held April 5, 1980. Sec. 5.06. Action on petitions. (a) Action by council: Council shall promptly consider the proposed initiative ordinance in the manner prescribed for enacting ordinances or reconsider the referred ordinance by voting its repeal. Within sixty (60) 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 (30) 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 thirty (30) days from the date called by council, except that when a regular or special city election is to be held within one hundred twenty (120) days, but not less than thirty (30) days, after the final council vote, the vote on the ordinance shall be held at the same time as the regular or special 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 (15) days immediately preceding the Supp. No. 11 25 Riz:r § 5.06 FRIBNUSWOOU COUI; election and shall be posted at the regular posting places for fifteen (15) days immediately preceding the election. (c) Withdrawal of petitions: An initiative or referendum petition may be withdrawn at any time prior to the twentieth 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 (4) 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. (Res. No. R-3-82, § 1, 3-1-82) Sec. 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 he 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. (b) Limitation of council repeal: The council may not repeal or amend the initiated ordinance for one year after the effective 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 considered repealed upon certification of the election results. Sec. 6.08. 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 (10) per cent of the total number of qualified voters registered to vote at the last regular city election, demanding the removal of such elected Supp. No. 11 26 (; FIARTEH § 5.12 official. The petition shall be signed and verified in the manner required for an initiative petition. Sec. 6.09. 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. Sec. 5.10. Results of recall election. If a majority of the votes cast at a recall election shall Ue against removal of the elected official named on the ballot, he/she 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/her 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/herself. (Res. No. R88-16, § 3, 6-9-88) Sec. 6.11. Limitation on recall. No recall petition shall be filed against an elected official within six (6) months after he/she takes office, and no elected official shall be subjected to more than one recall election during a term of office. (Res. No. R88-16, § 3, 5-9-88) Sec. 5.12. Failure of council to call an election. In 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 imposed upon said council by the provisions of this charter with reference to such recall, then in such event 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. (Res. No. 1-3-82, § 13 3-1-82) �' �' Supp. No. 11 27 § 5.13 P'RIENDSWOOD CODL Sec. 5.13. Failure of council to call an election on recall. In 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 imposed 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. ARTICLE VI. NOMINATIONS AND ELECTIONS; OATH OF OFFICE Sec. 6.OI. City elections. (a) Schedule: The regular city election will be held annually on the first Saturday in May. The council shall be responsible to specify places for holding such election. (b) Special elections: The council shall provide for the holding of such special elections as may be required by law or this char- ter, or for such other purposes as may be deemed necessary or appropriate by the council. (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, permis- sion to copy the current list shall be granted by the city secretary. (d) Conduct and regulation of elections: All city elections shall be governed by the Constitution of the State of Texas, the Texas Election Code, this charter, and ordinances and resolutions shall be conducted by the election officials appointed or approved by the council. (Res. No. R88-15, § 3, 5-9-88) Supp. No. 11 28 CHARTER § 6.02 Sec. 6.02. Filing for office. (a) Eligibility to file: Each candidate for an elective city office shall meet the following qualifications: (1) Shall be a qualified voter of the city. (2) Shall have resided for at least twelve (12) 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. (4) Shall meet the requirements for sponsors stipulated in section 6.02(b) below. (5) If an incumbent seeks a different elected office or elected position of the city other than that which he/she then holds, he/she shall submit a letter of resignation to the city council at least sixty (60) days prior to the date of election for such desired office or position. The letter of resignation shall provide for an effective date of such resignation of not later than the day immediately preceding the day of such election. (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. (b) Procedure and schedule for filing: Any qualified voter of the city may be nominated for an elective office by petition of ten (10) such voters who shall be designated as his/her 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 petition shall be filed with the city secretary not earlier than ninety (90) days or later than the normal posted close of business thirty (30) days before the election. .>.-� Supp. No. 11 29 § 6.02 FRIGNDSWOOD COD[3 (c) Certification of petition: Within five (5) days after the filing of a nominating petition the city secretary shall notify the candidate whether or not the petition satisfied the requirements 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 candidates are nominated in those petitions. (d) Public disclosure: Candidates shall file with the city secretary twenty-one (21) days prior to day of election a fi- nancial disclosure statement containing the following in- formation. This should include information pertaining to the candidate, his or her spouse and dependent minor children. (1) List of all property owned or held in trust within the city limits and extraterritorial jurisdiction of the city. This list should include location (address), size (general dimensions) and current use. (2) List of all fees, salaries or gifts of value exceeding ten dollars ($10.00) received from companies or in- dividuals under contract with the city during the twelve (12) months prior to filing for public office. (3) Ownership of any stock in companies under contract to the city when such stock comprises greater than two (2) percent of the company's total outstanding stock.(Ord. No. 214, § 1, 3-4-74; Res. No. R-3-82, § 1, 3-1-82; Res. No. 1188-15, § 3, 5-9-88) State law references —See V.A.T.S. Election Code, arts. 1,05, 1.05-1; as to getting name on ballot, see art. 13.63. Sec. 6.03. Ballots. The ballots for all elections held by the city shall conform with the provisions of the Texas Election Code. (Res. No. R88-15, § 3, 5-9-88) Supp. No. ll 30 CHARTRR 4 6.05 Sec. 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. (c) Runoff 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 runoff election shall be held among the candidates who received the greatest number of votes for the first two (2) places. Such runoff election shall be held in accordance with the Texas Election Code. (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/her duties after qualifying by taking and subscribing to his/her oath of office at the next regular council meeting after closing of the polls. (Res. No. R88-15, § 3, 5-9-88) Sec, 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: a suPP, No. 11 31 § s.o� rair;Nnswoon coal; For elected officers: "Isolemnly 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 Constitu. tion 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 employ- ment, as a reward for the giving or withholding a vote at the election at which I was elected. So help me God." For appointed officers: "Z 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 Constitu- tion 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 employ- ment, as a reward to secure my appointment or the confirmation thereof. So help me God." ARTICLE VII. TAX ADMINISTRATION Sec. 7.01. Division of tax administration. There is he1•eby established a department of taxation. The head of the department of taxation shall be the city tax collector. The city tax collector shall collect, or cause the collection of, all taxes due and owing to the city. (Res. No. R88-15, § 3, 6-9-88) Sec. 7.02. Power to tax. The council of the city shall have the powerand is hereby authorized to levy, assess and collect annua, l taxes not to Supp. No. 11 32 C}IARTPR § 7.04 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 one hundred dollars ($100.00) assessed valuation of all property having a situs within the corporate limits of the city and not exempt from taxation by the constitution and laws of the State of Texas. Sec. 7.03. Reserved. );ditor's note —Former §$ 7.03, 7.06-7.07, 7.09, and 7,10, which concerned procedures for tax assessment and collection and derived from the 1971 charter, were repealed by Res. No R88-15, § 3 adopted May 9, 1988, Sec. 7.04. Board of equalization. Each year, prior to May fifteenth, 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 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: (1) To elect a chairman from its membership who shall preside at all meetings of the board. Supp. No. 11 33 $ 7.04 FRIENDSWOOD CODE (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. (5) 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 provided 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 assess- ments 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. (9) 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 (10) 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 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 addressing same to such person's last Supp. No. 11 34 CHARTER § 7.10 ]mown 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. (b) Records; certi%ications 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 returned 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, sameshall 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. Seca. 7.06-7.07. Reserved. Note —See the editor's note to section 7.03 of thie charter. Sec. 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. Secs. 7.09,7.10. Reserved. Note —See the editor's note to section 7.03 of this charter. Supp. No. 11 35 § s.01 FRII'sNDSWOOU CODli ARTICLE VIII. FINANCIAL ADMINISTRATION Sec. 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. Sec. 8.02. Public record. Copies of the budget us adopted shall be public records and shall be made available to the public upon request. Sec. 8.03. Annual budget. (A) Content: The budget shall provide a complete finan- cial 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 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. Supp. Na. 11 36 CHARTRR § 3.03 (2) Reasons for proposed increases or decreases of such items of expenditure compared with the current fiscal year, (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 (.5) 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 expenditure 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 a1L capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; - Supp. No. 11 37 ^ § 8,03 FRIENDSWOOD CODE v" (c) Cost estimates, method of financing and recom- mended time schedules for each such improve- ments; 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 an accompanying message.` The council shall review the proposed budget and revise as deemed appropriate prior to general circulation for public R hearing. (C) Public notice and !tearing: The council shall post in .1� 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 ti (2) .The time and place, not less than ten (10) nor more than thirty (30) days 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 (.hat 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 its annual budget by ordinance, on one reading, by the fifteenth (15th) day of Septem= bar or as soon thereafter as practical. Adoption of the budget) shall require an affirmative vote of at least a majority of all members of the council. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated. (Res. No. R88-15, § 3, 5-9-88) Supp. No. 11 38 CHARTER 6 s.04 Sec. 8.04. Amendments after adoption. (a) Supplemental appropriations: If during the fiscal year the manager certifies that there are available for appropria- tion revenues in excess of those estimated in the budget, th council by ordinance may make supplemental appropriatio is for the year up to the amount of such excess. (b) Emergency appropriations: To meet a public emergen- cy 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 ten (10) per cent 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 issuance 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/she 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 unencumbered 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. Supp. No. 11 39 4 8.04 FRIEND5WOOD CODE (fj Effectiue date: The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediate- ly upon adoption of the ordinance. (Res. No. R88-15, § 3, 5-9-88) Sec. 8.05. Borrowing for capital improvements. (a) Borrowing: The council shall have the power, except as prohibited by law, to borrow money by whatever method it may deem to be in the public interest. (b) General obligation bonds: The 14 shall have the. power to borrow money on the credit of the city and to issue ` general obligation bonds for permanent public improve. ments 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. (c) Reuenue 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 munici- pal 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 payable 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. (e) [Addition of ordinance:] The procedure for adoption of any ordinance relative to borrowing for capital improvements shall be: Supp, No. 11 40 CHARTER § 8.07 (1) A copy of the proposed ordinance shall be furnished to (1) each member of the city council, (2) the city attorney and (3) any citizen of the city upon request to the city secretary, at least three (3) days before the date of the meeting at which the ordinance is to be considered. (2) Any ordinance relative to borrowing for capital im- provements may be adopted and finally passed at the meeting at which it is introduced. (Ord. No. 214, § 1, 3-4-74) Sec. 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 (3) years pass without any disbursement from or encumbrance of the appropriation. Sec. 5.07. 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/her designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriations and that sufficient funds therefrom are or will be 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/she 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 '- Supp. No, 11 41 § 8•e� ERIENDSWOOD CODE for capita] 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 condition 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 Friendship Public Library for the public's information. (Res. No. R88-16, § 3, 5-9-88) Sec. 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. ARTICLE IX. FRANCHISES AND PUBLIC UTILITIES Sec. 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 Supp. No. 11 42 CHAATNR § 9.05 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. Sec. 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 (30) years from the date of the grant, renewal, or extension. Sec. 9.03. Ordinance granting franchise. Every ordinance granting, renewing, extending or amending a public utility franchise shall be read at three (3) regular meet- ings of the council. 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. (Res. No. R-6-80, § 3, 4-7-80) Sec. 9.04. Grant not to be exclusive. No grant or franchise to construct, maintain or operate a public utility and no renewal or extension of such grant shall be exclusive. , See. 9.06: 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. § 9.06 FRIENDSWOOD CODE Sec. 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. Sec. 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. (c) 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 accordance with the uniform system of accounts for said utility prescribed by the National Association of Railroad and Public Utility Commis- sioners, the Federal Power Commission, the Federal Communications Commission, the Railroad Commis- sion 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 relay the pavement and do all other work necessary to complete restoration of streets, sidewalks or grounds Supp. No. 11 44 CHARTER 5 9.09 to a condition equally as good or better as when disturbed. (f) To require at any time such compensation and rental as may be permitted by the laws of the State of Texas. Sec. 9.08. l;xtensions. All 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. Sec. 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 . Supp. No. ll 45 § 9.09 FRIENDSWOOD CODE 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 rehearing; 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. Sec. 9.10. Public service corporations to file annual reports. (a) The council shall require all public service corpora- tions 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 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 preserved 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 propri- etorship who shall for a thirty (30) 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 ($100.00) 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 dollars ($1,400.00) for each such willfully false report and shall be liable for submittal of a corrected report within two (2) weeks from notification by the city of any errors under the same penalty provisions as the original report. Supp. No. 11 46 CAART�R § 9.12 Sec. 9.11. Accounts of municipally -owned utilities. Accounts shall be kept fol• each public utility owned or operated by the city, in such manner as to show the true and complete financial results of such city ownership and operation, including all assets, appropl•iately subdivided into different classes, all liabilities subdivided by classes, depreciation reserve, other reserves, and surplus; also revenues, operating expenses including depreciation, inter- est payments, 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 fur 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 gwnership and operation, giving the information specified in this section or such data as .the council shall deem expedient. Sec, 9.12. Sales of municipal services. 'Che council shall have the power and authority by ordiqunce: (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 disposi- tion; and to sell and provide other municipal services. (b) To establish specifications for materials and construc- tion 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. r,..: � Supp. No. 11 4% �� 4 9.13 P12IENDSWOOD CODE Sec. 9.13. Franchise records. The city shall compile and maintain a public record of public utility franchises. ARTICLE X. TRANSITIONAL PROVISIONS Sec. 10.01. Schedule. (a) This charter shall take effect immediately following adoption by the voters, and shall be fully operable within one year after adoption, 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 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. Sec. 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. (b) 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/she shall continue in such office or position until adoption of some specific provision under this charter directing that he/she 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 Supp. No. 11 48 CHARTRR § I1.01 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 section 4.06. (Res. No. R88.15, § 3, 5-9-88) Sec. 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 begun 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. Sec. 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. Sec. 10.06. Franchises. Within six (6) months after the effective date of this charter, every public utility and every owner of a public utility franchise shall filewith the city certified copies of all franchises owned or claimed, or under which such utility is operated in the city. ARTICLE XI. GENERAL PROVISIONS Sec. 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 Supp. No. 11 49 4 11.01 ERIENDSWOOD CODE reasonable 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. Sec. 11.02. Official newspaper. The council shall contract annually with, and by resolution designate, a public newspaper of general circula- tion 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 requil•ed by this charter, by the ordinances of the city, or by the constitution and/or laws of the State of Texas to be published. Sec. 11.03. Personal financial interest. No officer ol• 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 m• employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall be subject to removal fi•om 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. Sec. 11.04. Nepotism. No appointment to the service of the city shall violate the prohibitions against nepotism set forth in Article 5996, Texas Revised Civil Statutes, as amended. (Res. No. RS8-16, § 3, 6-9-88) Supp. No. 11 50 CHARTftft § 11.08 Sec. 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, attachment, 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. Sec. 11.06. Security or bond not required. It shall not he 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. Sec. 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. Sec. 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 1. of Title 28 of the Revised Civil Statutes of Texas, 1925, as now or hereafter enacted. Supp. No. li 51 i�,V § 11.09 FRIENDSWOOD CODE Sec. 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 (5) 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 and final report of the charter review commission, shall consider any recommendations made, and if any amend - meats be presented as part of such report, may order such amendment or amendments to be submitted to the voters of the city in accordance with the Texas Local Government Code, as amended. (c) Term, of office: The term of office of such charter review commission shall be six (6) 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. (Res. No. R88-15, § 3, 6-9-88) Supp, No, 11 52 CHARTER § 11.10 Sec. 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 permiC 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 he 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 (30) 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. Supp. No. 11 [The next page ie 105) 53 CHARTER COMPARATIVE TABLE This table gives the disposition of amendments to the Home Rule Charter made subaNuent to the adoption of said Charter at an election held October 18,197i, Section Ord./R66, Date Section this Charter 214 3- 4.74 1 2,039 2.05, 3.05, 3,06 3.11(b)—(d) Added 3.17 6.02(a), (b) Added 6.02(d) Added 8.05(e) R-6.80 4- 7-80 3 3.0% 3,10 3.11(b), 4.01(e) Rpld 6,05 9A3 R-3-82 3. 1-82 1 2.02, 3.05, 3.11(b), 5.06(b), - 5.12, 6.02(aX5) R88-16 5. 9-88 3 1.02, 3,01, 3.0213.06, 3,06, 3.08(a), 3.0% 3,10 3.11(b)3 (d), 3.14(a), 4.01(a), (b), (d), (a) 4.02(b), 4,039 4,05, 4.06(c), (e), 6.10, 6.11 6.01, 6.02(aM6 (6), 6.03, 6.04(c), (d), 7,01 8.03(CX2% (E), 8.04(c), 8.07(a), 10,02(b), 11.04, 11.09(b) Rpld 7.03, 7.05- 7.07, 7.0% 7,10, 8.03(P) . •. [The next page is 109] 1::� Supp, N0. 11 105 CHARTERINDEX A ACTIONS Section Pending matters. See: Charter Security or bond not required.. I .......................... 11,06 Suits and pleas. See that title Tort liability .... :........................................ 2.06 ADMINISTRATION Council interference. See: City Council AGENCIES OF CITY. See: Departments and Other Agencies of City AGREEMENTS. See: Contracts and Agreements ALLEYS Streets and sidewalks See that title ANNEXATIONS. See: Boundaries ANNUAL BUDGET. See: Finances APPOINTIVE PERSONNEL. See: Officers and Employees APPROPRIATIONS Finances. See that title ASSESSMENTS Special assessments for streets and sidewalks ........... 2,05 Taxation. See that title ASSIGNMENT General provisions regarding assignment, execution, etc. 11,05 ATTORNEY, CITY. See: City Attorney B BALLOTING. See: Elections BOARD OF EQUALIZATION. See: Taxation BONDS Borrowing for capital improvements. See: Finances City employees .................. 0........................ 3.1 fi Mayor, duties. See: Mayor Security or bond of city not required ...................... 11.06 Special elections, ballots for bond issues, etc. See: Elections BOOKS Public records. See that title 1379 FRIENDSWOOD CODE BORROWING Section Capital improvements, for. See: Finances BOUNDARIES Annexation of territory .......... 2.02 Changing................................................ 2.02 Municipal boundaries established ................... ..... 1,03 BUDGET Adoption, authority .............. ........................ 1.02 Finances. See that title Manager, duties. See: City Manager BUILDING LINES Establishment :............ .............................. 2.05- BUILDINGS Zoning. See that title BUREAUS, BOARDS, COMMISSIONS Departments and other agencies of city. See that title C CANDIDATES FOR OFFICE Elections. See that title CAPITAL IMPROVEMENTS Borrowing for. See: Finances CHARTER Amending ............................................... 11.08 Election ballots, etc. See: Elections Charter review commission ......................... ..... 11.09 Effect of charter on existing laws ........ I ... 4 .... 4 .... I . 10.03 Franchises, effect 10,05 ................................1....... Pending matters .......................................... 10.04 Schedule.....................................4........... 10.01 Severability clause.. . I I I t I * * .... 4. W...... 11,07 Submission of charter to voters. I W I I I I I I 1 1. P ..... 4 4.. 4 4. 1 W 11,10 Transitional provisions .................................. 10.01 et seq. CITY ASSESSOR Taxation. See that title CITY ATTORNEY Actions. See that title Appointments, qualifications, duties, fees, etc ............. 4.03 Documents, contracts, legal instruments, etc. Duties regarding ........... I . . I ........................ 4,03 Litigation, legal proceedings, city representation, etc...... 4,03 Municipal court. See that title Suits and pleas. See that title 1380 CHARTER INDEX CITY COLLECTOR Section Taxation. See that title CITY COUNCIL Appointments and removals Prohibitions re ......................................... 4.08(b) City attorney. See that title City secretary. See that title Compensation ................... 4....................... 3.04 Elections. See also that title Judge of election qualifications. 3,03 Forfeiture of office ....................................... 3.06(b) Form of government ..........1.1........... ............. 1,012 1.02 General powers and duties ....... ........................ . 3,07 Powers of city. See that title Holding other office ...................................... 3.08(a) Initiative, referendum and recall. See that title Interference with administration ...... I .................. 3.08(c) Investigation into affairs and conduct of city, etc......... 3.16 Mayor and mayor pro tem .................. ............ 3.05 Mayor. See that title Meetings City manager to attend, etc. See: City Manager City secretary, duties. See: City Secretary _ Generally .............................................. 3,09 -- Mayor, duties. See: Mayor Ordinances, resolutions, etc. See that title Rules of procedure ...... I .............................. 3,10 Number of members......1... ..... ......',..... ......... 3,01 . Ordinances, resolutions, etc. See that title Personnel of city in general. See: Officers and Employees Prohibitions in office........ I..... I....... 4.............. 3,08 Qualifications for ........................................ 3,02 Judge of election, qualifications ........................ 3,03 Selection................................................. 3,01 Terms of office ....................................:....... 2,01 Vacancies ............................................... 3.06(a) Filling ........................................... 1..... 3.06(c) Forfeiture of office ...... I........ 4..................... 3.06(b) CITY FUNDS. See: Finances CITY LIMITS. See: Boundaries CITY MANAGER Acting city manager ..................................... 4.01(e) Annual budget, duties. See: Finances Appointment... I I F 414 4 1 1 1 4 1 1 t I .......... 4 1 1 1 1 4 P W W W 4 4 h I d 4 1 1.02, 4.01(a) Appointment, suspension, removal of personnel .......... 4.01(d)(2) Council interference. See: City Council Compensation....................................1.... 1. 4,01(b) 1381 "v y% FRIENDSWOOD CODE CITY MANAGER—Cont'd. Council, councilmen interfering with administration. See: City Council Council meetings, attendance ............................ Finances, duties .......................... ............... Finances in general. See: finances Powers and general duties ....... ........................ Purchases, duties ........................................ Qualifications ............................................ Removal from off"iee....................................': �: Term of offits............................................ CITY OF FRIENDSWOOD. See: Municipality CITY ORDINANCES. See: Ordinances, Resolutions, Etc: CI'CY PERSONNEL. See: Officers and Employees Section 4.0l(e)(5), (6) 4.01(d) 4.01(a) 4.01(c) 4.01(c) CITY SECRETARY Appointment............................................. � 4.04 Composition ........... .. .. ........ 4.04(b) Custodian of municipal records, etc .................. 4.04(a)(2) CIVIL PROCESS. See: Writs, Warrants and Other Processes CLAIMS Pending matters. See: Charter CODES Technical reguletiona. See: Ordinances, Resolutions, Etc. COMMITTEES, COMMISSIONS, BUREAUS, ETC. Departments and other agencies of city. See that title COMPENSATION Ofticere and employees. See that title CONDEMNATION Eminent domain ........................ .... . ............ 2.03 General powers .......................................... 2.01 CONTRACTSAND AGREEMENTS City attorney, duties. See: City Attorney Corporate powers ........................................ 2.01 Finances of city. See: Finances Generally................................................ 8.08 Mayor, duties. See: Mayor Pending matters. See: Charter CORPORATE POWERS Powers of city. See that title 1382 CHARTER INDEX CORPORATE SEAL ' Power to have and use ................................... COUNCIL FOR CITY City attorney. See that title COURT, MUNICIPAL. See: Municipal Court CRIMINAL PROCESS, See: Writs, Warrants and Other Processes 0 pAMAGES Tort liability. See that title DEPARTMENTS AND OTHER AGENCIES OF CITY Administrative departments in general ................... Board of equalization. See: Taxation Charter review commission. Seat title City council. See that title City personnel in general. See: Officers and Employees Division of tax administration. See: Taxation Establishment, discontinuing, redesignating, combining, eGc................................................... General powers...............1.......................... Heads of department, directors, etc. Authority and duties ................................... Mayor, See that title Municipal court. See that title DOCUMENTS Public records. See that title E ELECTIONS Ballots............................................. Candidates Filing for office ..................................... Canvassing.......................................... City council. See also that title City elections in general .... 1....................... P.... Conduct and regulation of ................................ Form of government ..................................... General powers .......................................... Initiative, referendum and recall. See that title Majority vote, effect ........ .. .. .. .... .................... Mayor. See also that title Notification and taking of office, ........................ . Sapp. No. 11 1383 Section 2'01 4.05 4.05 2.01 4.05 6.03 6.02 6.09(e) 6.01 6.01(b) 1.02 2.01 6.04(d) 6.04(d) FRIENDSWOOD CODE ELECTIONS—Cont'd. Section Oath of offfce .............. .. ............................ 6.05 Recall. See: Initiative, Referendum and Recall - Run-off elections ......................................... fi.09(c) Special elections Generally .............................................. 6.01(b). Submission of charter to voters. See: Charter Voter eligibility lists ..................................... 6.01(b) EMERGENCIES Ordinances. See: Ordinances, Resolutions, Etc. EMINENT DOMAIN General powers .......................................... 2.03 EMPI.OYEI:S. See: Officers and Employees EXECUTION General provisions regarding garnishment, execution, etc. 11.05 F. FINANCES Annualbudget ................................... ........ 8.03 Administration of budget .............................. 8.07 Adoption .............................................. 1.02, 8.03(E) Amendment after adoption ............................ 8.09 Amendment before adoption ........................... 8.03(E) Contents............................................... 8.03(A) Emergency appropriations, amendments after adoption. 8.04(b) Failure to adopt ... ...........................:......... 8.03(F) Financial reports ...................................... 8.07(b) Independent audit ..................................... 8.07(c) Limitations on appropriations .......................... 8.09(e) Payments and obligations prohibited ................... A.07(a) Public notice and hearing .............................. 8.03(C) Public record ........................................... 8.02 Reduction of appropriations after adoption ............: 8.04(c) Submission............................................. 8.03(B) Supplemental appropriations Amendments after adoption .......................... 8.09(a) Supplemental effective date of amendments after adoption ............. ........................:..... 8.04(f) Transfer of appropriations after adoption ............... 8.09(d) Supp. Na. 11 1384 '. CHARTER INDEX FORM FINANCES—Cont'd. Section Appropriations Annual budget and amendments. See within this title: Annual Budget Lapseof ............................ 4.................. 8,06 Borrowing for capital improvements Bonds incontestable, ...... ........ 8.05(d) Borrowing in general ........ I ......................... 8.05(a) General obligation bonds, ...1.......................... 8.05(b) Revenue bonds.......... 4.................... 4......... 8.05(c) Budget. See hereinabove: Annual Budget City manager, general duties. See: City Manager Fiscal year ............................................... 8,01 Lapse of appropriations .................................. 8.06 Public records, I I I . . I d . I I . . . . . . . . . . . . . . . . . 4 t . . . . . . . . 8,02 Tax administration. See: Taxation Transfer of appropriations Amendments after budget adoption .................... 8.04(d) Purchasing, contracts, etc ................................ 8,08 FISCAL YEAR. See: Finances OF GOVERNMENT Designated .............................................. 1.02 FRANCHISES AND PUBLIC Ul'ILITIES Amendments Right of regulation.. ...................... 9.07 Annual reports Public service corporation to file, , . ............. 9,10 Charter, effect. See: Charter Extensions'',,. too, 11 1 .................... W ...... 1. 4.... 9.08 Right of regulation ............. 4....................... 9,08 Franchise records ........................................ 9.13 Franchise value not allowed..... 4.4.1......... 4....... 4'. 9,06 Grant not exclusive ................................... 4.. 9.04 Grants Right of regulation ................. 4................... 9,07 Municipal services, sale of ............................... 9,12 Municipally -owned utilities Accounts ................. I............................ 9.11 Ordinance granting franchise ................. ........... 9.03 Pending matters. See: Charter Personal financial interest of city personnel .............. 11.03 Powers of city ............................................ 69.01 Power to grant franchise ................................. 9,02 Public service corporations Annual reports, tiling .................................. 9,10 Rates, regulation ................................... 0..... 9,09 Records.................................................. 9.13 1385 FRIENDSWOOD CODE FRANCHISES ANll PUBLIC U'PILITIES—Cont'd. Section Right of regulation ....................................... 9,07 Transfer offranchise..................................... 9.05 PRIENDSWOOD, CITY OF. See: Municipality G GARNISHMENT General provisions regarding ............................. 11,05 GENERAI. OBLIGATION BONDS B6rrowing for capital improvements. See: Finances . GIFTS, DEVISES, ETC. Corporate powers ........................................ 2,01 GOVERNMENT Form of government ..................................... 1,02 H HIGHWAYS Streets and sidewalks. See that title IMPROVEMENTS. See: Public Works and Improvements INCORPORATION OF CITY. See: Municipality INITIATIVE, REFERENDUM AND RECALL Determination of sufficiency ............................. 5,03 Certificate of city secretary........ 4............. 1...... 5,04 Court review, new petitions ............................ 5.04(f) Insufficient petition Amending ...................................... 4.... 5.04(e) Appeals'. 1 1. 1 W ...... 11 4 * t. * * 11.11,11111. 11 5.04(d) Final determination .................................. .5.04(c) Sufficient petition, final determination ................. 5.04(b) Elections Initiative, results, ...................................... 5.07(a) Limitation of council repeal ............ I ............... 5.07(b) Recall. See within this title that subject Referendum ....... .......... ............. ._............ 5.07(c) Results...............................................6 5,07 Submission, petitions, etc., to voters .................... 5.06(b) General authority.. . 1. 1 ......... 44W ......... 5,01 Initiation of proceedings Petitioners' committee; affidavit. 5,02 Initiative Generally.............................................. 5.01(a) Initiatory petitions Petitions in general. See within this title: Petitions 1386 CHARTER INDEX INITIATIVE, REFERENDUM AND RECALL—Cont'd. Section Petitions Actions................................................ 5,06 Affidavit of circulator............ I ..................... 5.03(c) Council action ............................. I........... 5.06(a) Determination of sufficiency ....................... 1... 5,03 Filing, time for .................................. 4...... 5,03(d) Farm and contents.........'......... 4.... I.... 4........ 5.03(b) Number of signatures .... .............................. 5.03(a) Petition committee ...:.................. I.............. 5,02 Recall .................... 4............................. 5.06(c) Submission to voters. See within this title: Elections Recall Elections .............................................. 5.09 Failure of council to call for a recall ................... 5,13 Limitations ...................................... 5,11 Results.......................... 1............... 5,10 Failure of council to call an election .................... 5,12 Limitations ........................................ 5,11 Petitions in general. See within this title: Petitions Power of recall ......................................... 5,08 Referendum, petitions Actions on petitions ......................... ........... 5.06 Elections, See within this title that subject Generally ................ 4,................ 4........... 5.01(3) Limitation of council repeals ........................... 5.07(b). Petitions in general. See within this title: Petitions Repeals Submission to voters. See within this title: Elections INJURIES Tort liability. See that title INSURANCE Personnel benefits. See: Officers and Employees JUDGE Municipal coyrt. See that title LAWSUITS Suits and pleas, See that title Tort liability. See that title LAWS OF CITY Charter. See that title Ordinances, resolutions, etc. See that title Seep. Na. 6 1387 RR[ENDSWOOD CODE LAWYERS Section City attorney. See that title LEASES General powers ...........1................... 4.1........ 2.01 LEGAL REPRESENTATION City attorney. See that title LEGISLATION Charter. See that title Ordinances, resolutions, etc. See that title LIABILITY Tax liabilities. See: Taxation Tort liability. See that title LIENS Tax liens. See: Taxation LITIGATION City attorney, duties. See: City Attorney LOCAL IMPROVEMENTS. See: Public Works and Im- provements LOCAL LEGISLATION. See: Ordinances, Resolutions, Etc. M MANAGER. See: City Manager MAYOR AND MAYOR PRO TEM IIr�ds, contracts, etc., duties regarding ................... � 3.05 Chairman of council meetings ............................ 3.05 City council. See that title Conveyances, grants, official plats, etc. Duties regarding ....................................... 3.05 Dorm of government ..................................... 1.02 Mayor and mayor pro ter ............................... 3.05 Official plats, contracts, agreements, etc. Duties regarding ....................................... 3.05 Ordinances, bylaws, resolutions, etc. Powers and duties regarding ........................... 3,05 Special committees, appointment ...... 4.................. 3.05 MONEY OF CITY. See: Finances Supp. No. s 1388 MUNICIPAL COURT Section Clerk of court ............................................ 4.02(c) Certificates, affixing seal, other duties..,.,.... 4.02(d) Oath, affirmation, duties regarding. 4.02(d) Process, issuing ...................... .................. 4.02(d) Costs, fines, etc, .................... 4..................... 4.02(f) Establishment, maintenance, etc* ....... 4.02(a) Judge Absence or disability ......... .......................... 4.02(e) Appointment, qualifications, compensations, etc........ .4.02(b) Writs, warrants and other processes. Sea also that title Clerk, duties ........................................... 4.02(d) MUNICIPAL DEPARTMENTS. See: Departments and Other Agencies of City MUNICIPAL OFFICES. See: Officers and Employees MUNICIPAL UTILITIES. See: Franchises and Public Utilities MUNICIPALITY Boundaries.....................6........................ 1,03 Incorporation ............................................ 1.01 Security or bond not required ............................. 11.06 N NEPOTISM Officers and employees. See that title NEWSPAPER, OFFICIAL Designation................................ .............. 11,02 NOMINATIONS Elections. See that title O OATH OF OFFICE. See: Elections OATHS, AFFIRMATIONS, ETC. Investigations by city council ............................ 3,16 OFFICERS AND EMPLOYEES Appointment, suspension, removal Manager, authority and duties. See: City Manager Prohibitions re council. See: City Council Appointments and promotions in, generally .............. 4.06(a) Assignment, execution and garnishment Provisions regarding ............. I..................... 11,05 Bonds for city employees ................................. 3,15 Candidates for office. See: Elections <.,.., Supp. No. 11 1389 FRIENDSWOOD CODE OFFICERS AND EMPLOYEES—Confd• Secrion City attorney. See that title City council. See also that title Officials protected from financial loss resulting from council decisions. See within this title: Financial Loss, Personal City secretary. See that title Classified service Generally .................. .......... 4.06(b) ................. Personnel rules ........................................ .. 4.06(e) Clerk of court, See: Municipal Court Compensation, salaries, etc. Garnishment, etc., provisions .......................... 11,05 Specific requirements re particular offices. See specific offices, boards, departments, etc. Conflicting interests ....... ........... :................... 4.06(c), 11,03 Continuance of office or employment .... :... - ro) 10.02 Discrimination, political, religious, sex, race, etc. Prohibited acts. . I ". 41 1 1. 11 1 1.. t.'. Elections. See also that title Prohibited acts ......................................... 4.06(c) Filing for office. See: Elections Financial loss, personal Duly elected city officials protected from due to council decisions............ I .............................. 3,17 Insurance benefits ............ ............ I ....... ....... 4.06(d) Interference with administration - Council prohibitions. See: City Council Judge of municipal court. See: Municipal Court Manager. See: City Manager Mayor. See that title Nepotism...........................4.................... 11,04 Oath of office. See: Elections Pecuniary interests ............... 4... 4.................. 11,03 Pensions......................... 0....................... ,4.06(b) Performance and promotions Prohibited acts........ 1............................ 4.06(c) Personal financial interests .............................. 11.03 Personnel rules ........ 1......... ..... ... 4.06(e) Personnel system. See also herein specific subjects Transitional provisions .......... I ..................... 10.02 Prohibited acts ............... . ... 4.06(c) .............. Promotions and appointments.,. .....4.06(a) Prohibited acts.. , 4 4., 4.06(c) Recall. See: Initiative, Referendum and Recall Relatives, nepotism .......... I..... 4..................... 11.04 Religious, political, opinions or affiliations Prohibited acts re ...................................... 4.06(c) Supp. No. 11 1390 CHARTER INDEX OFFICERS AND EMPLOYEES—Cdnt'd, Removal Prohibited acts ............. .. .......................... Rights and privileges preserved 1. Salaries. See within this title: Compensation, Salaries, Etc. Security or bond not required of city, Transitional provisions. See: Charter Vacancies City council. See that title Wages. See within this title: Compensation, Salaries, Etc. OFFICIAL BALLOTS. See: Ballots OFFICIAL NEWSPAPER Designation. 1 4 . I I I I I I . 4 4 . . . I 1 1 4 & . 4 1 . . . * I . . I I I I I ORDINANCES, RESOLUTIONS, ETC. Authenication .............. I............................ Ballots for ordinances, bond issues, etc. See: Elections Charter, effect on existing law. See: Charter City attorney, duties, See: City Attorney City secretary, duties. See: City Secretary Codes of technical regulations ............................ Codification ................................. Council meetings and procedures. See: City. Council Effective date of ordinance ........... .................... Emergency ordinances ......................... ............. Form of ordinance ......... .............................. Initiative, referendum and recall. See that title Local legislation, enactment .... .......................... Ordinances in general .................................... Passage, enactment, general powers ........ 1 ..1...........' Printing................................................. Procedure of council, voting, etc, 4.1114 IF. 11 1 11 ... Reading, first, second, final readings ..................... Recording. P PAPERS Public records. See that title PARKS AND RECREATION Streets and sidewalks. See that title PENSIONS Officers and employees. See that title PERPETUAL SUCCESSION Incorporation of city ..................................... PERSONNEL. See: Officers and Employees Supp, No, 11 1391 Section 4.06(e) 10.02(a) 3.14(a) 3.13 3.14(b) 2.11(g) 3.12 3.11(a) 1.02 3.11 2.01 3.11(b) 3.11(d) 3:14(a) 3.14(a) L01 FRIENDSWOOD CODE PETTTIONS Section Initiative, referendum and recall. See that title - PLATS Mayor, duties. See: Mayor PLEAS. See: Suits and Pleas POLICE RECORDS. See: Public Records POLITICAL OPINIONS Discrimination as to personnel. See: Officers and Employ. ees POLLS Elections. See that title POWERS OF CITY Annexation of territory .................................. 2.02 Boundary changes ......... .............................. 2,02 City council, powers of. See: City Council Eminent domain ......................................... 2,03 Form of government ..................................... 1,02 Franchises and public utilities. See that title General powers .......................................... 2.01 Incorporation, corporate powers ...:...................... 1,01 Powers, privileges, rights, duties and immunities Granted............................................... 1.01 Street development and improvement, 2.05 Streets and public property, re, 1 4 1 1 1 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.04 Tort liability ............................................. 2,06 Zoning powers ............. 1............................. 2,07 PROCESSES, See: Writs, Warrants and Other Processes PROPERTY Eminent domain. See that title Zoning. See that title PUBLIC PROPERTY Streets and sidewalks. See that title PUBLIC RECORDS Budget, etc. See: Finances City attorney, duties regarding documents, etc. See: City Attorney City secretary, duties. See: City Secretary General provisions........... I... 1. 4..................... 11.01 Official newspapers...........It. ........ 1............... 11,02 Police records, vital statistics records, etc. Public records in general ............................... 11,01 Tax records. See: Taxation Voter eligibility lists. See: Elections Supp. No. 11 1392 CHARTER INDEX PUBLIC UTILITIES. See: Franchisee and Public Utilities ' Section PUBLIC WAYS. See: Streets and Sidewalks PUBLIC WORKS AND IMPROVEMENTS Streets and sidewalks. See that title PURCHASING Corporate powers ........................................ 2.01 Finances of city. See: Finances Generally................................................. 8.08 Street development and improvements. 4.. 2.05 . R RACE DISCRIMINATION Prohibited acts of officers and employees. See: Officers and Employees RAILROADS AND TRAINS Improvements re streets and sidewalks ................... 2.05 RECALL. See: Initiative, Referendum and Recall RECORDS. See: Public Records REFERENDUM. See: Initiative, Referendum and Recall RELATIVES Nepotism. See: Officers and Employees RELIGIOUS OPINIONS OR AFFILIATIONS Prohibited acts re personnel. See: Officers and Employees RESOLUTIONS. See: Ordinances, Resolutions, Etc. RETIREMENT Officers pensions. See: Officers and Employees REVENUE OF CITY. See: Finances RIGHTS, CLAIMS, ETC. Pending matters. See: Charter S SALARIES Officers and employees. See that title SCHEDULE Charter. See that title SEAL. See: Corporate Seal SECRETARY, See: City Secretary Supp. No. 11 1393 FRIENDSWOOD CODE SEX � Sect3nn Discrimination in personnel. See: Officers and Employees SIDEWALKS. See: Streets and Sidewalks SOCIAL SECURITY Personnel benefits. See: Officers and Employees SPECIAL ASSESSMENTS Streets and sidewalks .................................... 2,05 SPECIAL COMMITTEES Appointment by mayor. See: Mayor SPECIAL ELECTIONS. See: Elections SQUARES Streets and sidewalks. See that title STREETS AND SIDEWALKS Authority to improve, alter, abandon, vacate, maintain, etc, .................. ............... 1 2,04 Building lines, establishment, ............................ 2,05 Eminent domain.. I .... 11 11 1.. 1. 1. 1...................... 2.03 Establishment, traffic -control, extending, improving, maintaining, etc........... W..................... 1.... 2,04 Improvements and costs, special assessments, etc......... 2,05 Paving, constructing, lighting, extending, etc. 2,05 Powers of city, generally ..... 4. 4 ....... 1 ................. 2,04 Street development and improvements, generally ......... 2,05 Zoning. See that title SUBPOENAS Writs, warrants and other processes. See that title SUITS AND PLEAS General powers .......................................... 2.01 Pending matter. See: Charter Security or bond not required. 11,06 Tort liability ............... .............................. 2,06 SUMMONS Writs, warrants and other processes. See that title T TAXATION Arrears of taxes offset to debt against city, 7,08 Board of equalization Powers, duties, etc,. ...... 7.04(a) Duties, specific. See herein specific subjects Records, certification and adoption ..I .................. 7.04(b) City assessor and collector Director of division of tax administration ............... 7,01 Duties. See herein specific subjects Supp. No. 11 1394 CHARTER INDEX TAXATION—Cont'd. � Section Division of tax administration Establishment, director, duties, etc, ..................... 7.01 financial administration. See: Finances Joint interest in property ................................. 7,04 Limitations..................................I.I......... 7.02 Other rules and regulations, providing ................... 7.10 Power to tax ............... ............................... 7,02 TECHNICAL REGULATIONS codes Adapted. See: Ordinances, Resolutions, Etc. T> RRITQRY Boundaries. See that title TART LIABILITY howure of city ............................................ 2.06 TRANSITIONAL PROVISIONS. See: Charter U UNDERTAKINGS Security or bond not required ............................. 11.06 UTILITIES. See: Franchises and Public Utilities V VACANCIES IN OFFIQS City council. See that title Other offices. See specific offices, boards, departments, etc. W WAGES Officers and employees. See that title WALKS. See: Streets and Sidewalks WARRANTS Writs, warrants and other processes. See that title WITNESSES Investigations by city council ............................ 3.16 WRITS, WARRANTS ANP OTHER PROCESSES Investigations by city copneil ............. I.... 4......... 3,16 Municipal court clerk, optics. See: Municipal Court Supp. No. 11 1396