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HomeMy WebLinkAbout1988 05 09 CharterYEAR, FISCAL ,
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Supp. No.11 1396
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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