HomeMy WebLinkAbout1997 05 03 CharterCHARTER
CITY OF
FRIENDSWOOD7 TEXAS
This pamphlet is a reprint of the Charter of the City of Fziendswood, Texas,
published by order of the City Council.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida 1993
Reprinted 1998
CHARTERk
Preamble
Article I. Incorporation, Form of Government and Boundaries
Sec. 1.01. Incorporation.
Sec. 1.02. Form of government.
Sec. 1.03. Boundaries.
Article II. Powers of the City
Sec. 2.01. General powers.
Sec. 2.02. Change of boundaries and annexation of territory.
Sec. 2.03. Eminent domain.
Sec. 2.04. Streets and public property.
Sec. 2.05. Street development and improvements.
Sec. 2.06. Tort liability.
Sec. 2.07. Zoning,
Article III. The City Council
Sec.
3.01.
Number, selection, term, and term limitations.
Sec.
3.02.
Qualifications. .
Sec.
3.03.
Judge of election qualifications.
Sec.
3.04.
Compensation,
Sec.
3,05.
Mayor and mayor pro tem.
Sec.
3.06.
Vacancies, forfeiture, filling of vacancies.
Sec.
3.07.
General powers and duties.
Sec.
3.08.
Prohibitions,
Sec.
3.09.
Meetings of council.
Sec.
3.10.
Rules of procedure.
Sec.
3.11.
Ordinances in general.
Sec.
3.12.
Emergency ordinances.
Sec.
3.13.
Codes of technical regulations.
Sec.
3.14.
Authentication and recording, codification, printing.
Sec.
3.15.
Bonds for city employees.
Sec.
3.16.
Investigation by the city council.
Sec.
3.17.
Officials protected from financial loss.
'Editor's note —Printed herein is the Charter of the City of Friendswood, Texas, as
adopted by referendum on October 16, 1971, and effective on the same date. Amendments to
the Charter are indicated by parenthetical history notes following amended provisions. The
absence of a history note indicates that the provision remains unchanged from the original
referendum. Obvious misspellings have been corrected without notation. For stylistic pur-
poses, a uniform system of headings, catchlines, numerical representation and citation to state
statutes has been used. Additions made for clarity are indicated by brackets.
CHT:1
FRIENDSWOOD CODE
Article IV. Administrative Services
Sec. 4.01. City manager.
Sec. 4.02. Municipal court.
Sec. 4.03. City attorney.
Sec. 4.04. City secretary.
Sec. 4.05. Administrative departments.
Sec. 4.06. Personnel system.
Article V. Initiative, Referendum and Recall
Sec.
5.01.
General authority.
Sec.
5.02.
Initiation of proceedings; petitioners' committee; affidavit.
Sec.
5.03.
Petitions.
Sec.
5.04.
Determination of sufficiency.
Sec.
5.05.
Reserved.
Sec.
5.06.
Action on petitions.
Sec.
5.07.
Results of election.
Sec.
5.08.
Power of recall.
Sec.
5.09.
Recall election.
Sec.
5.10.
Results of recall election.
Sec.
5.11.
Limitation on recall.
Sec.
5.12.
Failure of council to call an election.
Sec.
6.13.
Failure of council to call an election on recall.
Article VI. Nominations and Elections; Oath of Office
Sec. 6.01. City elections.
Sec. 6.02. Filing for office.
Sec. 6.03. Ballots.
Sec. 6.04. Canvassing and election results.
Sec. 6.05. Oath of office.
Sec.
Sec.
Sec.
Sec.
Secs.
Sec.
Secs,
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec,
Article VII. Tax Administration
7.01. Reserved.
7.02. Power to tax.
7.03. Reserved,
7.04. Reserved.
7.05-7.07. Reserved,
7.08.
Arrears of taxes
offset to debt against
city.
7.09,
7.10. Reserved.
Article VIII. Financial Administration
8.01.
Fiscal year.
8.02.
Public record.
8.03.
Annual budget.
8.04.
Amendments after adoption.
8.05.
Borrowing for capital improvements.
8.06.
Lapse of appropriations.
8.07.
Administration of budget.
8.08.
Purchasing.
CHT:2
Sec.
9.01.
Sec.
9.02.
Sec.
9.03.
Sec.
9.04,
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec,
9.05.
9.06.
9.07.
9.08.
9.09. .
9.10.
9.11.
9.12.
9.13.
Article D. Franchises and Public Utilities
Powers of the city.
Power to grant franchise.
Ordinance,granting franchise.
Grant not to be exclusive.
lYansfer of franchise.
Franchise value not to be allowed.
Right of regulation.
Extensions.
Regulation of rates.
Public service corporations to file annual reports.
Accounts of municipally -owned utilities.
Sales of municipal services.
Franchise records.
Article X. Reserved
Secs. 10.01-10.05. Reserved.
Article XI. General Provisions
Sec.
11.01.
Public records.
Sec.
11.02.
Official newspaper.
Sec.
11.03.
Personal financial interest.
Sec.
11.04.
Nepotism.
Sec.
11.05.
Assignment, execution, and garnishment.
Sec.
11.06.
Security or bond not.required.
Sec.
11.07.
Separability clause.
Sec.
11.08.
Amending the Charter.
Sec.
11.09.
Charter review commission.
Sec.
11.10.
Submission of charter to voters.
Supp. No. 3
CHT:3
CHARTER § 1,03
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 Friendswood, Galveston County, Texas, residing within its
corporate limits as heretofore or hereafter established, are hereby constituted and shall con-
tinue to be a municipal body politic and corporate in perpetuity under the name of the "City
of Friendswood," hereinafter referred to as the "city" with such powers, privileges, rights,
duties and, immunities as are herein provided.
Sec. 1.02. Form of government.
The municipal government provided by this Charter shall consist of a mayor and coun-
cilmembers, 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.MM
Const. law reference —Home rule, Vernon's Ann. Tex. Const. art. 16, § 1.
State law reference —Home rule; powers, V.T.C.A., Local Government Code §§ 26.001 et
seq., 51.071 et seq.
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 incorporation pro-
ceedings of the said City of Friendswood, Texas, fled of record on November 14, 1960 in the
office of the clerk of the county court of Galveston County, Texas and those boundaries estab-
lished and changed thereafter in all annexation ordinances and proceedings of the City of
jFriendswood, Texas.
State law reference —Map of the city must be fled in the city secretary's office, V.T.C.A.,
Local Government Code § 41.001,
CHT:S
§ 2.01 FRIENDSWOOD CODE
ARTICLE II. POWERS OF THE CITY*
Sec. 2.01. General powers. 11
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 con-
tracted with; may cooperate with the government of the State of Texas or any agency or any
political subdivision thereof; or with the federal government or any agency thereof, to accom-
plish 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 permis-
sively 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 1176, 1176, 1177, 1178, 1180, of Vernon's Annotated Civil
Statutes of Texas, as now or hereafter amended, [V.T.C.A., Local Government Code §§ 26.021,
26.041, 43.0210 43.142, 61.071 et seq., 53.001, 64.004,101.022,101.023,141.00, 211.003, 211.006,
214.0011 214.013, 2149901, 215.072, 215.0741 215.075, 216.901, 217.0429 251,0019 34100030
341.9031342.011, 342.0129 372,0411372.04% 401.002, 402.002, 402,0171 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 11, § 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 boundary limits of the city, and
to provide by ordinance for the annexation of additional territory lying adjacent to the city
with or without the consent of the inhabitants or owners of the territory to be annexed. The
council shall have the power to detach by ordinance any territory with or without the consent
of the inhabitants or owners of such area to be detached. Such annexation or detachment of
any such territory shall be in accordance with the provisions of Chapter 160, Page 447, Acts
of 1963, 58th Legislature, as the same is now or may hereafter be amended, same being Article
970a, Revised Civil Statutes of Texas, [V.T.C.A., Local Government Act §§ 42.001 et seq.,
seq.
*State law reference —Home rule powers, V.T.C.A., Local Government Cade § 51.071 et
CHT:6
CHARTER § 2.05
43.001 et seq., 212.0031 entitled the Municipal Annexation Act; and upon the final passage of
any such ordinance, the corporate limits of the city shall thereafter include the territory so
annexed; and when any additional territory has been so annexed, same shall be a part of the
city and the property situated therein shall bear its 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 power by ordinance to fix, alter and extend the corporate boundary limits of the city for the
limited purposes of planning and zoning and sanitation and health protection.
(Res. No. R3-82, § 1, 34-82) ,
State law reference —Annexation, V.TC.A., Local Government Code § 43.001 et seq.
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. The city may also exercise the
power of eminent domain in any other manner authorized or permitted by the constitution and
laws of this state, or in the manner and form that shall be provided by ordinance of the
governing body of the city. The power of eminent domain hereby conferred shall include the
right of the city to take the fee in the lands so condemned and such power and authority shall
include the right to condemn public property for such purposes. The city shall have and possess
this power for condemnation for any municipal or public purpose, even though not specifically
enumerated herein or in this article.
(Ord. No. 214, § 1, 3474, election 4-644; Res. No. R97-6, § 1,. 2-17-97, election 5-3-97)
State law reference —Eminent domain, V.T.C.A., Local Government Code § 251.001 et seq.
Sec. 2.04. Streets and public property.
The city shall have exclusive dominion, control and jurisdiction in, upon, over and under the
public streets, sidewalks, alleys, highways, public squares and public WE 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 authorization 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
Supp. No. 3 CHT7
§ 2.05 FRIENDSWOOD CODE
filling, grading, raising, lowering, paving, repaving, and repairing, m 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 hereinabove, or any combination or parts thereof.
The cost of such development and improvement may be paid partly by assessments levied as
a lien against the property abutting thereon and against the owners thereof.
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,
40th Legislature, First Call Session, as now or hereafter amended, the same being Vernon's
Ann, Civ. St. art. 1105b.
EOrd. No. 214, § 1, 3-4-74, election 4-6-74; Res. No. R97-6, § 1, 2-17-97, election 5-3-97)
State law references —Use of streets and rights -of -way, Vernon's Ann. Civ. St. art. 1085c;
street improvements and assessments, Vernon'S Ann. Civ. St. art. 1105b.
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 1, § 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 90 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 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 60 days after the notice hereinbefore described has been
filed with the city manager or the city secretary. After the expiration of the 60 days
aforementioned, the complainant may then have two years in which to bring an action of law.
(Res. No. R97-6, § 1, 2-17-97, election 5-3-97)
State law reference —Tort liability, VT.C.A., Civil Practice and Remedies Code § 101.101
et seq.
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 1011j of
the 1925
Supp. No. 3 CHT:B
CHARTER § 3.02
Revised Civil Statutes of Texas as amended, being Acts of 1927, 40th Legislature, Chapter 283
[V.T.C.A., Local Government Code § 211.001 at seq.], and all amendments thereto and
amendments which may hereafter be made thereto.
State law reference —Zoning, V.T.C.A., Local Government Code § 211.001 et seq.
ARTICLE III. THE CITY COUNCIL*
Sec. 3.01. Number, selection, term, and term limitations.
The council shall be composed of a mayor and six councilmembers. The mayor and all
councilmembers shall be elected from the city at large, and each councilmember shall occupy
a position on council, such positions being numbered 1 through 6 consecutively.
The mayor and councilmembers shall be elected to serve for three-year terms as provided
below, but no person shall be elected to serve in the capacity of councilmember for more than
three consecutive three-year terms, nor shall any person be elected to serve in the capacity of
mayor for more than three consecutive three-year terms. Provided, further, the term limitation
set forth herein shall not be construed to prohibit any person from being elected for additional
terms to any such position as councilmember or mayor following a break in service of one year
or more.
The three-year terms of office of councilmembers and the mayor shall be staggered, with
such three-year terms beginning as follows:
(a) For the office of councilmember, position number 2, the election for the initial
three-year term shall be the general election held in 1993;
(b) For the office of mayor, and the office of councilmember, positions number 1 and 3, the
election for the initial three-year term shall be the general election held in 1994.
(c) For the office of councilmember; positions number 4 and 6, the election for the initial
three-year term shall be the general election held in 1995; and
(d) For the office of councilmember, position number 5, the election for the initial
three-year term shall be the general election held in 1996.
(Res. No. 118845, § 3, 5-9-88; Res. No. 1192-19, § 3, 3-24-92, election 5-2-92; Res. No. R97-6, §
1, 247-97, election 5-3-97)
Sec. 3.02. Qualifications.
In addition to any other qualifications prescribed by law, the mayor and each councilmember
shall meet the conditions of section 6.02(a), items (1), (2), and (3) while in office, and shall
reside within the city while in office.
(Res. No. R88-151 § 3, 5-9-88)
Editor's note —Section 6.02(a)(3) prohibiting candidates for city council to be in arrears in
payment of taxes, etc., was repealed by Res. No. R92-19, § 3, adopted 5-2-92,
State law reference —Qualifications, V.T.C.A., Election Code § 141.001 et seq.
*State law reference —Form of government, V.T.C.A., Local Government Code § 26.021 et
seq.
Supp. No. 3 CHT:9
§ 3.03 FRIENDSWOOD CODE
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.
Sec. 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 tern.
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 council, 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 tern shall be a councilmember elected by the council at the first regular
council meeting following each regular city election. The mayor pro tern 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, election 4-6-74; Res. No. R3-82, § 1, 3-1-82; Res. No. R88-15, § 3,
5-9-88)
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, removal from office in any manner authorized by law, or forfeiture
of 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 qualification for the office
prescribed by this Charter or by law;
(2) Violates any express prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend three consecutive regular council meetings without being excused by
the council.
(c) [Election to be called.] When a vacancy shall develop, the council shall, within 30 days
following such vacancy, call an election for the first available election date as provided by the
Texas Election Code,
Supp. No. 3 CHT:10
CHARTER § 3.09
Ito) -temporary appointments.] Notwithstanding the requirement in section 3.10 that a
quorum of the council consists of four members, if at any time the membership of the council
is reduced to less than four, the remaining members may by majority action appoint additional
members to raise the membership to four. These appointees shall serve until the positions can
be filled at the next regular or special city election.
(Ord. No. 214, § 1, 34-74, election 4-644; Res. No. R88-15, § 3, 5-9-88)
State law reference —Election dates, V.T.C.A., Election Code § 41.0010
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 bylaw, no mayor or councilmember shall
hold any other city office or city employment during his/her term as mayor or councilmember,
and no former mayor or councilmember shall hold any compensated 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) Interference with administration: Except for the purpose of inquiries and investigations
under section 3.16, the council or its members shall deal with city officers and employees who
are subject to the direction and supervision of the manager solely through the manager, and
neither the council nor its members shall give orders to any such officer or employee, either
publicly or privately.
(Res. No. R88-15, § 31 5-9-88)
Sec. 3.09. Meetings of council.
The council shall hold at least two 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 necessary and appropriate, which
may be called for by the mayor or by four 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.
Supp. No. 3 CHT:11
§ 3.09 FRIENDSWOOD CODE
All meetings of the council shall be held in accordance with applicable open meetings laws.
(Res. No. R6-80, § 3, 4-7-80; Res. No. R88-15, § 3, 5-9-88; Res. No. R97-6, § 1, 247-97, election
5-3-97)
State law reference —Public meetings law, Vernon's Ann. Civ. St. art. 6252-17.
Sec. 3.10. Rules of procedure.
The council shall, by resolution, determine its own rules and order of business and the rules
shall provide that citizens of the city shall have a reasonable opportunity to be heard at any
meeting in regard to any matter under consideration. The council shall provide for minutes
being taken and recorded of all meetings, and such minutes shall be a public record. Voting,
except on procedural motions, shall be by roll call if requested by the mayor or any
councilmember, and the ayes and nays shall be recorded in the minutes. Four 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 or more members of the council.
(Res. No. 116-80, § 33 4-7-80; Res. No. 118845, § 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 not be
Supp. No. 3 CFPI`:12
CHARTER § 3.11
amended or repealed except by the adoption of another ordinance amending or repealing the
original ordinance. Except when an ordinance is repealed in its entirety, the amendatory or
repealing ordinance shall set out in full the ordinance, sections, or subsections to be amended
or repealed, and shall indicate matter to be omitted by enclosing it in brackets and shall
indicate new matter by underscoring.
(b) Procedure: Any memberof 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 regular council meeting. Copies of the proposed ordinance, in the form required for
adoption, shall be furnished to members of council a minimum of one week before adoption.
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 adoption
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. If an amend-
ment 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 city attorney shall review all proposed ordinances prior to adoption and shall make any
suggestions and/or objections to the said ordinance in writing to the city council.
A proposed ordinance shall be read at two regular council meetings, with at least two weeks
elapsing between readings. However, the requirement of reading an ordinance at two regular
council meetings with at least two weeks elapsing between readings shall not apply to ordi-
nances relating to the adoption or amendment of a budget, the assessment, levy, or collection
of taxes, the calling of an election, or the canvassing of the returns and declaration of results
of an election, the incurring of indebtedness, including, specifically, the issuance or sale of
bonds or certificates of obligation, the development or improvement of a street, or an emer-
gency if so declared by council. An ordinance requiring two readings shall be deemed rejected
if approval on second reading is not obtained within 90 days of the date approval on first
reading is obtained. -
(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 additional copies are available to citizens
present at the meeting. If four councilmembers -request that the ordinance be read in its
entirety, it must be so read.
(Ord. No. 214, § 1, 3-4-74, election C6.74; Res. No. R6.80, § 3, 4.7.80; Res. No. R3.82, § 1, 3.1-82;
Res. No. R8845, § 31 5.9.88; Res. No. 1192.19, § 3, 3.24.92, election 5-2.92)
Charter Cross reference —Ordinance granting franchise, § 9.03.
CHT:13
§ 3.12 FRIENDSWOOD CODE
Sec. 3.12. Emergency ordinances.
To meet emergencies the council may adopt bmergency ordinances. Such ordinances shall
not grant, renew, or extend franchises, or regulate rates charged by a public utility. Each
emergency ordinance shall contain a provision declaring the existence of an emergency. The
of rmative vote of five members elected to council shall be required for adoption.
(Res. No. R9249, § 3, 3-24-92, election 5-2-92)
Sec. 3.13. Codes of technical regulations.
The council may adopt any standard code of technical regulations by reference thereto in
an adopting ordinance. The procedure and requirements governing such an adopting ordi-
nance shall be as prescribed for ordinances generally except that:
(a) The requirements of section 3.11 for distribution and filing of copies of the ordinance
shall be construed to include copies of the code of technical regulations as well as of
the adopting ordinances; and
(b} A copy of each adopted code of technical regulations as well as of the adopting ordi-
nance 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 signa•
ture 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 consec-
utively 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
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 codifica-
tion 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 Friend -
wood City Code and shall be in full force and effect without the necessity of such code or any
part thereof being published in any newspaper. The caption, descriptive clause, and other
formal parts of the ordinances of the city may be omitted without affecting the validity of such
ordinances when they are published as a code. Copies of the code shall be furnished to city
CHT:14
CHARTER § 4.01
officers, placed in libraries and public offices for Cree reference and made available for pur-
chase by the public at a reasonable price Cixed 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 adgption, and the printed
ordinances and Charter amendments shall be distributed or sold to the public at reasonable
prices to be Cixed 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 substan-
tially the same style as the code currently in effect and shall be suitable in form for integration
therein. The ceuncil 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 regulations included in the code.
(Res. Na. R88.15, § 3, 5-9.88)
Sec. 3.15. Bonds for city employees.
The
council
shall
require bonds of all municipal officers
and employees
who receive or pay
out any
monies
of the
city. The amount of such bonds shall
be determined
by the ceuncil 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, liy ordinance, by the council.
Sec. 3.17. Officials protected from financial loss.
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 sessions as
a result of law suits filed pertaining to such decisions.
(Ord. No. 214, § 1, 3-4-74, election 4-6-74)
ARTICLE 1V. ADMINISTRATIVE SERVICES
Sec. 4.01. City manager.
(al 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 administrative training, experience and ability and need not when
appointed be a resident of the City of Friendswood; however, during the tenure of hisiher office
CHT:15
§ 4,01 FRIENDSWCOD CODE
he shall reside within the city. The city manager shall be bonded at city expense in an amount
of not less than $10,000.00,
(b) Compensation: The city manager shall receive compensation 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 remoual: The city manager shall not be appointed for a definite term but
may be removed at the discretion of the council, by vote of the majority of the entire council.
The action of the council in suspending or removing the city manager shall be final. It is the
intention of this Charter to vest all authority and fix all responsibilities of such suspension or
removal in the council.
(d) Powers and duties: The city manager shall be responsible to the council for the proper
administration of all the affairs of the city and to that end shall have the power and be
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.
(3) Attend all meetings of the council except when excused by council.
(4) Prepare the budget annually and submit it to the council and be responsible for its
administration after its adoption.
(5) Prepare and submit to the council at the end of the fiscal year a complete report on the
finances and administrative activities of the city for the preceding year.
(6) Keep the council advised of the financial condition and future needs of the city and
make such recommendations as may seem to him advisable.
(7) Perform such duties as may be prescribed by this Charter or required of him/her 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. 116-80, § 3, 4-7-80; Res. No. R88-15, § 31 5.9.88)
Sec. 4.02. Municipal court.
(a) There shall be established and maintained a court, designated as a "municipal court"
for the trial of misdemeanor offenses, with all such powers and duties as are now, or may
hereafter be prescribed by laws of the State of Texas relative to municipal courts.
CHT:16
CHARTER § 4.04
(b)
The judge
of said court shall
be appointed
by
council to serve for a term of two years. The
judge
shall receive
such salary as
may be fixed
by
council.
(c) The council may appoint such associate or alternate judges of said court as shall be
deemed necessary and appropriate by said council. Associate or alternate judges shall be
appointed for terms and shall possess the same qualifications as are required for the regular
judge of said court.
(d) 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, § 3, 5-9-88; Res. No. R9249, § 3, 3-24-92, election 5-2-92)
State law references —Municipal court, V.T.C.A., Government Code § 29.001 et seq.; rules
of procedure, etc., Vernon's C.C.P. art. 45.01 et seq.
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 appropriate 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)
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 ordinances to
protect the safety and security of the municipal records.
(4) Hold and maintain the city seal and affix to all instruments requiring such seal.
Supp. No. 3 - CHT:17
§ 4,04 FRIENDSWOOD CODE
(5) Cause written notice of appointment to be delivered to each person appointed by the
mayor or council to any board, commission, committee, or other appointive office or
position, within five working days following such appointment by the mayor or council.
(b) Compensation: The council shall set the compensation of the city secretary.
(Res. No. R88-15, § 3, 5-M% Res. No. R97-6, § 1, 247-97, election 5-3-97)
State law reference —Records management act, V.T.C.A., Local Government Code §
201.001 et seq.
Sec. 4.06. 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.
The head of each department shall be a director who shall have supervision and control over
his/her department. Two or more departments may be headed by the same individual and the
city manager may head one or more departments.
(Res. No. R8845, § 31 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 rules for the
appointment and promotion of employees within such classifications.
(b) Classified service: No officer, employee, member of a board, or other person, who is to be
appointed by the council under this Charter, and no department head, shall be included within
the classified service of the city, but all other persons in the administrative services of the city
shall be included therein unless specifically excluded therefrom by the ordinance providing for
a system of classified services.
(c) Prohibited acts: No person employed in the administrative service of the city, or who
seeks appointment thereto, shall be appointed, promoted, reduced, removed, or in any way
favored or discriminated against because of his/her race, color, national origin, age, disability,
veteran status, sex, political or religious opinion, or affiliation, or membership or nonmem-
bership in employee organizations. Except to the extent authorized by state or federal law in
conflict herewith, no appointive officer or employee of the city shall make a contribution to the
campaign fund of any person seeking election to a city office or to any political party supporting
a candidate for election to a city office, nor shall he/she be solicited for this purpose, but his/her
Supp No.3 CHT:18
CHARTER § 5.02
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, service, or other valuable thing to any person for or
on account of or in connection with his appointment or promotion, or any examination
conducted therefor. Any person who either by himself/herself or with others willfully violates
any provision of this section shall be ineligible for appointment or election to a position in the
city for a period of four 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 discretion 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
regular basis.
(Res. No. 118845, § 3, 5-9-88; Res. No. 1197-8, § 11 247-97, election 5-3-97)
ARTICLE V. INITIATIVE, REFERENDUM AND RECALL
Sec. 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 a 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 reconsid-
eration by the council of any adopted ordinance and, if the council fails to repeal any ordinance
so reconsidered, to approve or reject it at a city election, provided that such power shall not
extend to the budget or capital program or any properly enacted emergency ordinance,
ordinance relating to appropriation of money or levying of taxes or ordinance relating to the
control of armed or violent insurrection, revolt, rebellion or riot.
Sec. 5.02. Initiation of proceedings; petitioners' committee; affidavit.
l Any five quaed voters may begin initiative or referendum proceedings by filing with the
f city secretary an affidavit stating they constitute the petitioners' committee and will be
i
Supp. No. 3 CHT:19
§ 5.02 FRIENDSWOOD CODE
responsible for circulating 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' committee 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' committee; or
(e) One year has elapsed since council or voter action has been taken on the petition; or
(f) The ordinance sought to be amended or repealed relates to the control of insurrection
or riot.
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 percent 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) 7lme for filing petitions: Referendum petitions must be filed within 30 days after
adoption by the council of the ordinance sought to be reconsidered. Initiative petitions must be
filed within 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.
Supp. No. 3 CHT:20
CHARTER
Sec. 5.04. Determination of sufficiency.
§ 5.05
(a) Certificate of city secretary: Within ten days after the petition is filed, the city secretary
shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars
wherein it is defective and shall immediately upon completion of certification send a copy of the
certificate to the petitioners' committee by registered mail.
(b) Sufficient petition; final determination: If the petition is certified sufficient, the city
secretary shall present the certificate to the council by the next council meeting and the
certificate shall then be a final determination as to the sufficiency of the petition.
(c) Insufficient petition, final determination: If a petition is certified insufficient, and the
petitioners' committee does not elect to amend or request council review under 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 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
i 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 working days after receiving the copy
of his certificate, and files a supplementary petition with additional names within two 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 working 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 24 hours send a
copy of such certificate to the petitioners' committee by certified mail as in the case of an
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 review; new petition: A final determination as to the sufficiency of a petition shall
be subject to review in a county court of record and higher. A final determination of
insufficiency, even if sustained upon court review, shall not prejudice the filing of a new
petition for the same purpose.
(Res. No. R97-6, § 1, 2-17-97, election 5-3-97)
Sec. 5.05. Reserved.
Editor's note —Section 5.05, 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. 116-80, adopted April 7, 1980, declaring the results of an election held April 5, 1980.
Supp. No. 3 CHT;21
§ 5.06 FRIENDSWOOD CODE
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 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 on the
first uniform election date falling 45 days or more after such determination by council.
(b) Submission to voters: The vote of the city on a proposed or referred ordinance shall be
held at a special election called for such purpose in accordance with (a)(3) above.
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 15 days immediately preceding the election and shall be
posted at the regular posting places for 15 days immediately preceding the election.
(c) Withdrawal of petitions: An initiative or referendum petition may be withdrawn at any
time prior to the 20th day preceding the day scheduled for a vote of the city by filing with the
city secretary a request for withdrawal signed by at least four members of the petitioners'
committee. Upon filing of such request the petition shall have no further force or effect and all
proceedings thereon shall be terminated.
(Res. No. R3-82, § 1, 3-1-82; Res. No. R97-6, § 1, 2-17-97, election 5-3-97)
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 be considered adopted upon certification of the election results and
shall be treated in all respects in the same manner as ordinances of the same kind adopted by
council. If conflicting ordinances are approved at the same election, the one receiving the
greatest number of affirmative votes shall prevail to the extent of such conflict.
(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
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 quaed voters shall have the power to recall any elected official of the city on grounds
of incompetency, noncompliance with this Charter, misconduct or malfeasance in office. Such
power shall be exercised by filing with the city secretary a petition, signed by currently
qualified voters of the city equal in number to at least ten percent of the total number of
Supp. No. 3 CHT:22
CHARTER § 5.13
qualified voters registered to vote at the last regular city election, demanding the removal of
such elected official. The petition shall be signed and verified in the manner required for an
initiative petition.
Sec. 6.09. Recall election.
The provisions regulating initiation, certification, amendment 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. 6.10. Results of recall election.
If a majority. of the votes cast at a recall election shall be against removal of the elected
official named on the ballot, he/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. R88-15, § 3, 5-9-88)
J' Sec. 5.11. Limitation on recall.
No recall petition shall be filed against an elected official within six 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. R88-15, § 3, 5-9-88)
Sec. 6.12. 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. 113-82, § 11 3-1-82)
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
Supp. No. 3 CHT:23
§ 5.13 FRIENDSWOOD CODE
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. 6.01. 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 Charter, 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, permission 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-M8)
State law reference —Uniform election dates, V.T.C.A., Election Code § 41.001.
Sec. 8.02. 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 be at least 21 years of age.
(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 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.
•State law reference —Elections, V.TC,A., Election Code § 1.005 et seq.
Supp. No. 3 CIi7`.24
CHARTER § 6.03
(7) No employee or person holding a city appointive office of emolument 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 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 90 days prior to the election date
for which such petition would apply, or later than the normal posted close of business for the
office of the city secretary on the last day for which applications for candidacy may be filed for
such election under applicable provisions of the Texas Election Code.
(c) Certification of petition: Within five days after the filing of a nominating petition the city
secretary shall notify the candidate whether or not the petition satisfied the 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 21 days prior to day of
election a financial disclosure statement containing the following information. 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 $10.00 received from companies or
individuals under contract with the city during the 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 percent of the company's total outstanding stock.
(Ord. No. 214, § 1, 3-4-74, election 4-6-74; Res. No. R3.82, § 1, 3-1-82; Res, No. R8845, § 3,
5-9-88; Res. No. R92-19, § 3, 3-24-92, election 5-2-92; Res. No. R97-6, § 1, 247-97, election
5-3-97)
Editor's note —Section 6.02(a)(3) prohibiting candidates for city council to be in arrears in
payment of taxes, etc., was repealed by Res. No. R92-19, § 3, adopted 3-24-92, election 5-2-92.
State law reference —Application requirements, V.T.C.A., Election Code § 141.031 et seq.
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, § 31 5-9-88)
State law reference —Ballots, V.T.C.A., Election Code § 52.001 et seq.
Supp. No. 3 CHT:25
§ 6,04 FRIENDSWOOD CODE
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 three hours after the closing of the polls,
or as soon thereafter as is reasonably practicable. 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: Amajority 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 places. Such runoff election shall be held in accordance with the Texas Election
Code.
(d) Notification and taking olJice: 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. 1188-15, § 3, 5-9-88; Res. No. R97-6, § 1, 2-17-97, election 5-3-97)
State law reference —Canvass of votes, V.T.C.A., Election Code § 65.001 et seq.
Sec. 6.06. 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.
(Res. No. R92-19, § 3, 3-24-92, election 5-2-92)
State law references —Oath of office, 'Ibxas Const., art. 16, § 1; oath, V.T.C.A., Local
Government Code § 22.005,
ARTICLE VII. TAX ADMINISTRATION*
Sec. 7.01. Reserved.
Editor's
note Section 7.01
regarding the department of taxation was repealed
by Res. No.
R92-19, § 3,
adopted 3-24-92.
*State law reference —Taxation, V.T.C.A., Tax Code § 1.01 et seq.
Supp. No. 3 CHT:26
C1iARTER
Sec. 7.02. Power to tax.
The council of the city shall have the power, and is hereby authorized to levy, assess and
collect annual taxes not to exceed the maximum limits set by the constitution and laws of the
State of Texas as they now exist or as they may be amended, on each $100.00 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.
Editor's note —Former §§ 7.03, 7.05-7.07, 7.09, and ?.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. Reserved.
Editor's note —Section 7.04 regarding the board of equalization has been repealed by Res.
No. 192.19, § 3, adopted 3.24.92, election 5-2.92.
Secs. 7.05-7.07. Reserved.
Note —See the editor's note to section 7.03 of this Charter.
Sec. 7.08. Arrears of fazes 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.
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.
State law reference —Fiscal year, V.T.C:A., Tax Code § 1.05.
`State Inw references —Budgets, V.T.C.A., Local Government Code § 102.001 et seq.;
fiscal powers, V.T.C.A., Local Government Code § 101.002.
CHT:27
§ 8.02 I'RIGNDSWOOD CODE
Sec. 8.02. Public record.
Copies of the budget as adopted shall be public records and shall be made available to the
public upon request.
State law references —Public records, Vernon's Ann. Civ. St. art. 6252-17a.; budgets,
V.T.C.A., Local Government Code § 102.001 et seq.
Sec. 8.03. Annual budget.
(a) Content: The budget shall provide a complete financial plan oC 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 yeaz in finan-
cial policies, expenditures, and revenues, with reasons Cor such changes. It shall also summa-
rize 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 yeaz. 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 bud-
geted year. It shall include in separate sections:
(1) An itemized estimate of the expense of conducting each department, division and
office.
(2) Reasons for proposed increases or decreases of such items oC expenditure compared
with the current fiscal year.
(3) A sepazate 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 oC the total probable income of the city from taxes for the period covered
by the estimate.
(5) Tax levies, rates, and collections for the preceding five years.
(6) An itemization of all anticipated revenue from sources other than the tax levy.
(7) The amount required for interest on the city's debts, for sinking fund and for ma-
turing serial bonds.
(8) The total nmount of outstanding city debts, with a schedule of maturities on bond
issue.
(9) Such other information as may be required by the council.
CHT:28
CHARTER § 8.03
(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 at-
tached as appendices to the budget.
(11) A capital program, which may be revised and extended each year to indicate capital
improvements pending or in process of construction or acquisition, and shall include
the following items:
(a) A summary of proposed programs;
(b) A.list of all capital improvements; which are proposed to be undertaken during
the five fiscal years next ensuing, with appropriate supporting information as to
the necessity for such improvements;
(c) Cost estimates, method of financing and recommended time schedules for each
such improvements; and
(d) The estimated annual cost of operating and maintaining the facilities to be con-
structed or acquired.
(b) Submission: On or before the first day of August of each yeaz, 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 hearing.
(c)
Public notice
and hearing: The
council
shall post in the
city
hall and publish in the
official
newspaper a
general summary
of their
proposed budget
and
a notice stating:
(1) The times and places where copies of the message and budget are available for in-
spection by the public, and
(2) The time and place, not less than ten nor more than 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 re-
quired by law or for debt service or for estimated cash deficit, provided that no amendment to
the budget shall increase the authorized expenditures to an amount greater than the total of
estimated income plus funds available from prior years.
(e) Adoption: The council shall adopt its annual budget by ordinance, on one reading, by
the 15th day of September or as soon thereafter as practical. Adoption o[ 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)
State law reference —Budgets, V.T.C.A., local Government Code § 102.001 et seq.
§ 8.04 FRIENDSWOOD CODE
Sec. 8.04. Amendments after adoption.
(a) Supplemental appropriations: If during the fiscal year the manager certifies that there
are available for appropriation revenues in excess of those estimated in the budget, the council
by ordinance may make supplemental appropriation for the year up to the amount of such
excess.
(b) Emergency appropriations: To meet a public emergency created by a natural disaster
or manmade calamity affecting life, health, property, or the public peace, the council may
make emergency appropriations, not to exceed ten percent 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 he insufficient to meet the amount appropri-
ated, 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 appropri-
ations.
(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 depart-
ment, office or agency to another.
(e) Limitations: No appropriation for debt service may be reduced or transferred, and no
appropriation may be reduced below any amount required by law to be appropriated or by
more than the amount of the unencumbered balance thereof.
(f) Effective date: The supplemental and emergency appropriations and reduction or transfer
of appropriations authorized by this section may be made effective immediately upon adoption
of the ordinance.
(Res. No. R8845, § 3, 5-9-88)
State law reference —Budgets, V.T.C.A., Local Government Code § 102.001 et seq.
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 city shall have the power to borrow money on the credit
of the city and to issue general obligation bonds for permanent public improvements or for will
other public purpose not prohibited by the constitution and laws of the State of Texas, and to
CHT:30
CHARTER § 8.06
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) Revenue bonds: The city shall have the power to borrow money for the purpose of
constructing, purchasing, improving, extending or repairing of public utilities, recreational
facilities or any other self-liquidating municipal function not prohibited by the constitution and
laws of the State of Texas, and to issue revenue bonds to evidence the obligation created
thereby. Such bonds shall be a charge upon and 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 ol'ordinance: The procedure for adoption of any ordinance relative to borrowing
for capital improvements shall be:
(1) A copy of the proposed ordinance shall be furnished to each member of the city council,
the city attorney and any citizen of the city upon request to the city secretary, at least
three days before the date of the meeting at which the ordinance is to be considered.
(2) Any ordinance relative to borrowing for capital improvements may be adopted and
finally passed at the meeting at which it is introduced.
(f) Elections to authorize debt: Notwithstanding any other provision contained in this
Section 8.05 to the contrary, the council shall be prohibited from incurring debt not payable
from then current revenues unless a proposition therefor has been approved by the voters at
a special election held for such purpose; provided, however, the council shall be authorized to
incur debt without the necessity of a special election if necessary due to an emergency or
urgent public necessity, which emergency or urgent public necessity shall be expressed in the
ordinance or resolution authorizing such debt. -
(Ord. No. 214, § 1, 3-4-74, election 4-6-74; Res. No. R97-6, § 1, 247-97, election 5-3-97)
State law references —Fiscal powers, V.T.C.A., Local Government Code § 101.002; bonds,
Vernon's Ann. Civ. St. art. 707 et seq.
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 years pass without any disbursement from or encumbrance of
lthe appropriation.
Supp. No. 3 CHT:31
§ 8.07 FRIENDSWOOD CODE
co 8.07. Administration of budget.
(a) Payments and obligations prohibited: No payment shall be made or obligation incurred
against any allotment or appropriation except in accordance with appropriations duly made
and unless the manager or his/her designee first certifies that there is a sufficient unencum-
bered 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
for capital improvements to be financed wholly or partly by the issuance of bonds, time
warrants, certificates of indebtedness, or certificates of obligation, or to prevent the making of
any contract or lease providing for payments beyond the end of the fiscal year, provided that
such action is made or approved by ordinance.
(b) Financial reports: The manager shall submit to the council each month a report
detailing the financial condition of the city by budget amount versus fiscal year to date amount.
The financial records of the city shall be maintained in conformity with generally accepted
accounting principles, as prescribed by the Governmental Accounting Standards Board.
(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.
(Rea. No. R88-15, § 3, 5-9-88; Res. No. R97-6, § 1, 2-17-97, election 5-3-97)
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 lbxas.
State law reference —Purchases, V.T.C.A., Local Government Code § 252.001 et seq.
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 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.
Supp. No. a CHT:32
CHARTER
Sec. 9.02. Power to grant franchise.
§ 9.07
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 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 regular meetings of the council. Within seven 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. 116-80, § 3, 4-7-80, election 4-5-80)
Charter Cross reference —Ordinances in general, § 3.11.
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.
Sec. 9.05. Transfer of franchise.
No public utility franchise shall be transferable except with the approval of the council as
expressed by ordinance. The term "transferable," as used herein, shall not be construed in such
a manner as to prevent the franchise holder from pledging said franchise as security for a valid
debt or mortgage.
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.
Supp. No. 3 CHT:33
§ 9.07 FRIENDSWOOD CODE
(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 utility franchisee.
(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 to a condition equally as good or better as when disturbed.
(f) To require at anytime such compensation and rental as maybe permitted by the laws
of the State of Texas.
(Res. No. R97-6, § 1, 2-17-97, election 5-3-97)
Sec. 9.08. Extensions.
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. 8.09. Regulation of rates.
To the extent permitted by law, the council shall have full power to regulate the rates,
charges, and fazes of each public utility franchise holder operating in the city.
(Res. No. 92-19, § 3, 3-24-92, election 5-2-92)
State law reference —Authority to regulate certain rates, Vernon's Ann. Civ. St. art. 1446c,
§§ 17, 34,
Sec. 9.10. Public service corporations to file annual reports.
(a) The council shall require all public service corporations operating within the corporate
limits of the city to file a sworn annual report of the receipts from the operation of the said
business for the current year, how expended, how much thereof for betterments or improve-
ments, 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.
Supp. No. 3 CHT:34
CHARTER § 9.13
(b) Any public service corporation, partnership, or proprietorship who shall for a 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 $1,000.00 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 $5,000.00 for each such willfully false report and shall be liable for submittal
of a corrected report within two weeks from notification by the city of any errors under the
same penalty provisions as the original report.
(Res. No. 119M, § 1, 2-17-97, election 5-3-97)
See. 9.11: Accounts of municipally -owned utilities.
Accounts shall be kept for 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, appropriately subdivided into different classes, all liabilities subdivided by
classes, depreciation reserve, other reserves, and surplus; also revenues, operating expenses
including depreciation, interest 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 for such
capital purposes. They shall show as nearly as possible the cost of any service furnished to or
rendered by any such utility to any other city or governmental department. The council shall
annually cause to be made by a certified public accountant and shall publish a report showing
the financial results of such city ownership and operation, giving the information specified in
this section or such data as the council shall deem expedient.
Sec. 9.12. Sales of municipal services.
The council shall have the power and authority by ordinance:
(a) In or outside the limits of the city, to sell and distribute water; sell and provide sewer
service; sell and provide garbage and trash collection and disposition; and to aell and
provide other municipal services.
(b) To establish specifications for materials and construction used within or beyond the
limits of the city for such municipal services; inspect same and require such materials
to be kept in good order and condition at all times; make such rules and regulations as
shall be necessary and proper; and prescribe penalties for noncompliance with same.
Sec. 9.13. Franchise records.
The city shall compile and maintain a public record of public utility franchises.
Supp. No. 3 CH1`,35
§ 10.01 FRIENDSWOOD CODE
ARTICLE X. RESERVED*
Seca. 10.01-10a Reserved.
ARTICLE XI. GENERAL PROVISIONS
Sec. 11.01. Public records.
All public records of the city shall be maintained and available for public inspection as
provided by applicable state and federal open records laws.
(Res. No. R97-6, § 1, 2-17-97, election 5-3-97)
State law reference —Public records, Vernon's Ann. Civ. St. art. 6252-17a.
Sec. 11.02. Official newspaper.
The council shall contract annually with, and by resolution designate, a public newspaper
of general circulation in the city as official organ thereof, and to continue as such until another
is designated, and shall cause to be published therein all ordinances, notices and other matter
required by this Charter, by the ordinances of the city, or by the constitution and/or laws of the
State of Texas to be published.
State law reference —Official newspaper, Vernon'a Ann. Civ. St. arts. 29, 29a.
Sec. 11.03. Personal financial interest.
No officer or employee of the city shall have a financial interest, direct or indirect, in any
contract with the city, or shall be financially interested, duectly or indirectly, in the sale to the
city of any land, materials, supplies or service, except on behalf of the city as an officer or
employee. Any willful violation of this section shall constitute malfeasance in office, and any
officer or employee guilty thereof shall be subject to removal from his office or position. Any
violation of this section, with the knowledge, expressed or implied, of the person or corporation
contracting with the council shall render the contract involved voidable by the city manager or
the council.
State law reference —Code of ethics, Vernon's Ann. Civ. St. art. 6252-9d et seq.
Sec. 11.04. Nepotism.
No appointment to the service of the city shall violate the prohibitions against nepotism set
forth in Vernon's Ann. Civ. St. art. 5596a, as amended.
(Res. No. R88-15, § 3, 5-9-88)
State law reference —Nepotism, Vernon's Ann, Civ. St. art. 5996a et seq.
*Editor's note —Res. No. R97-6, § 1, adopted Feb. 17, 1997, passed at the election of May
3, 1997, repealed Art. X, §§; 10.01-10.05, which pertained to transitional provisions. See the
Charter Comparative Table,
Supp. No. 3 CHT:36
CHARTER § 11.09
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 be necessary in any action, suit or proceeding in which the city is a party, for any
bond, undertaking, or security to be demanded or executed by or on behalf of said city in any
of the state courts, but in all such actions, suits, appeals, or proceedings same shall be
conducted in the same manner as if such bond, undertaking, or security had been given as
required by law.
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 13 of Title 28 of the Revised Civil Statutes of Texas, 1925, as now
or hereafter enacted M..T.C.A., Local Government Code § 5.903].
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 composed of seven (7) citizens of the City
of Friendswood.
(a) Duties o/'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.
(2) Propose, if it deems desirable, amendments to this Charter to improve the effective
application of the Charter to current conditions.
Supp. No. 3 CHT:37
§ 11.09 FRIENDSWOOD CODE
(3) Report its findings and present its proposed amendments, if any, to the council.
(b) Action by the council: The council shall receive the final report of the charter review
commission, shall consider any recommendations made, and if deemed appropriate by the
council, may order such amendment or amendments to be submitted to the voters of the city
at a special election to be held for such purpose in accordance with law. The council shall cause
such proposed amendments to be published not less than 45 nor more than 90 days prior to the
date set for such election. Notice of such election shall be given in accordance with law.
(c) 76rm of once: The term of office of such charter review commission shall be eix 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. R8&15, § 3, 5-9-88; Res. No. R92-19, § 31 3-24-92, election 5-2-92; Res. No. R97-6, §
1, 2-17-97, election 5-3-97)
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 permit a vote of "yes" or "no" on the same, for the reason that
the Charter is so constructed that in order to enable it to work and function it is necessary that
it should be adopted in its entirety. For these reasons, the charter commission directs that the
said Charter be voted upon as a whole and that it shall be submitted to the qualified voters of
the City of Friendswood at an election to be held for that purpose on October 16, 1971. Not less
than 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. 3 CHT:38
CHARTER COMPARATIVE TABLE
ORDINANCES AND RESOLUTIONS
This table
gives the disposition of amendments to
the Home Rule Charter
made subsequent to the adoption of the Charter
at an
election held October 16,
1971.
Section
OrdJRes.
Adoption Election
this Char -
Number
Date Date
Section
ter
214
3- 4-74 4- 6-74
1
2.03, 2.05,
3.05, 3.06
3.11(b)-4d)
Added
3.17
6.02(a), (b)
Added
6.02(d)
Added
8.05(e)
16-80
4- 7-80
3
3.093 3.10
3.11(b),
4.01(e)
Rpld
5.05
9.03
R3-82
3- 1-82
1
2.02, 3.05,
3.11(b),
5.06(b),
5.12,
6.02(a)(5)
R88-15
5- 9-88
3
1.02, 3.012
3.02, 3.05,
3.06, 3.08(a),
3.09, 3.10
3.11(b), (d),
3.14(a),
4.01(a), (b),
(d), (e)
4.02(b), 4.032
4.04,
4.051 4.06(c),
(e),
5.10, 5.11
6.01,
Rpld
6.02(a)(4)-46)
6.03,
6.04(c), (d),
Rpld
7.03, 7.05-
7.07, 7.0%
7.10
8.03(C)(2),
Supp. No. 3 CHTCT:1
FRIENDSWOOD CODE
Section
3rdJRes.
Adoption
Election
this Char
Number
Date
Date
Section
ter
(E),
Rpld
8.03(F)
8.04(c),
8.07(a),
10.02(b),
11.04,
11.09(b)
192-19.
3-24-92
5- 2-92
3
3.01, 3.11(b),
3.12, 4.02
Rpld
6.02(a)(3),
6.05
Rpld
7.01
Rpld
7.04
9.09
11.09(a)
197-6
2-17-97
5- 3-97
1
2.03
2.05
2.06
3.01(b)
3.09
4.04(a)(5)
4.06(c)
5.04(e)
5.06(a)(3), (b)
6.02(a)(3)
6.02(a)(7)
6.02(b)
6.04(a)
8.05(1)
8.07(b)
9.07(d)
9.10(b)
Rpld
10.01-10.05
11.01
11.09
11.09(b)
Supp. No. 3 CHTCT:2
[�1/:\Q71YD7�1�117�:/
A
Section
ABANDONMENT
Lapse of appropriations, .................
8.06
Streets and public property I .......... I ..................
2.04
ABSENCES
City manager... . . . . . . .
4.01
Council. See also: CITY COUNCIL
Filling of vacancies ...................................
3.06
Mayor and mayor pro tem :............................
3.05
Rules of procedure for city council. . 4 1 1 1 1 1 1 4 q
3.10
ACCESS
Meetings of council, access. .
3.09
ACCIDENTS
Employee pensions and insurance ........................
4.06
ACTIONS, PERFORMANCES
Actions where security or bond not required ..............
11.06
Charter review commission ..............................
11.09
City manager ...........................................
4.01
Council
Rules of procedure for city council ......................
3.10
Vacancies, forfeiture, tilling of vacancies ...............
3.06
Financial administration
Administration of budget,
8.07
Amendments after adoption ...................:.......
8.04
Budget
Administration.of
8.07
...................................
Initiative, referendum and recall
Action on petitions ....................................
5.06
Initiation of proceedings; petitioners' committee; affidavit
5.02
Petitions
Action on ...........................................
5.06
Security or bond
Actions where security or bond not required ............
11.06
Tortliability................................:..........
2.06
Transition
Pending matters ......................................
10.04
Writs, warrants and other processes. See that subject
ADMINISTRATIVE SERVICES
Administrative departments .............................
4.05
City attorney ...........................................
4.03
City council regulations. See: CITY COUNCIL
Citymanager, I I I I I I I 1 4 4 q I I I q I I I I I I I I I I I 1 1 4 a M 4 0 4 M 0 q 4 0 9 1 .
4.01
City secretary ..........................................
4.04
Municipal court, I I I 1 4 4 # I I I 1 0 1 1 0 0 0 . . . . . . . q . . I I I I I 1 0 1 1 1 1
4.02
CHTi:l
P RIENDSWOOD CODE
ADMINISTRATIVE SERVICES—Cont'd4 1
ection
Personnelsystem......................................1
4.06
See: OFFICERS AND EMPLOYEES 1.
AGREEMENTS. See: CONTRACTS AND AGREEMENTS
AMENDMENTS
Amending the Charter ..................................
11.08
Charter review commission ..............................
11.09
ANNEXATIONS
Boundaries established
1.03
..................................
Change of boundaries and annexation of territory .........
2t02
Filing for office .........................................
6.02
Nominations and elections; oath of office ...............
6.01 et seq.
See: ELECTIONS
APPOINTMENTS AND PROMOTIONS
City council regulations. See: CITY COUNCIL
Personnelsystem.......................................
4.06
Appointments and promotions .........................
4.06(a)
See: OFFICERS AND EMPLOYEES
APPROPRIATIONS
Lapse of appropriations,
8.06
Power to tax,
7.02
. 4 1 q M I I I 1 4
See: TAXATION
Supplemental appropriatidns from budget ................
8.04
Financial procedures. See: FINANCES
ASSESSMENTS
Effect of charter on existing law
Transition provisions, . 1 0 0 4 0 0 0 # 0 0 6 4 0 0 0 44 a a 0 0 0 0 6, 4
10.03
Financial procedures. See: FINANCES
Ordinances in general ...................................
3.11
Power to tax......'
7.02
......................................
See: TAXATION
Street development and improvements.
2.05
ASSESSOR
City elections, voter eligibility ...........................
6.01
Nominations and elections; oath of office .............. 1
6.01 et seq.
See: ELECTIONS
Taxation provisions. See: TAXATION
ATTORNEY
Administrative services .................................
CO3
Borrowing for capital improvements. 4 a 0 * 0 1 1 1
8.05
Ordinances of council in general .........................
3.11
Street development and improvements ...................
. 2.05
Tort liability..........................................1
2.06
AUDITS
Administration of budget ................................
8.07
CHTi:2
CHARTER INDEX
AUDITS—Cont'd.
Financial procedures. See: FINANCES
r.?
I:�iY1
Section
See: ELECTIONS
BOARDS, COMMITTEES AND COMMISSIONS
Accounts of municipally -owned utilities. . 0 0 4 4
9.11
Administrative departments ..............................
4.05
Annual budget,
8.03
Commissions
Charter review commission ............................
11.09
Right of regulation. . m I I I I I I
9.07
Submission of charter to voters ........................
11.10
Committees
Mayor and mayor pro tem .............................
3.05
Petitioners' committee; initiative, referendum and recall
Action on petitions ..................................
5.06
Determination of sufficiency ........................ 1
5.04
Initiation of proceedings; petitioners' committee; affi-
davit...........................................
5.02
Petitions ... ............m...... .....................
5.03
Department regulations, listing. See: DEPARTMENTS AND
OTHER AGENCIES OF CITY
Divisions
Annual budget...,., I'll, I 11,*0tq*44904 memo "I 1 11 4 11* 0
8.03
General powers .......................................
2.01
Investigation by the city council .......................
3.16
Transfer of appropriations
Amendments after adoption .........................
8.04
Investigation by the city council .........................
3.16
Oath of office
6.05
...:.....:.................................
Nominations and elections; oath of office ...............
6.01 et seq.
See: ELECTIONS
Personnel system .......................................
4.06
See: OFFICERS AND EMPLOYEES
Power to tax. I I I I I I I I 1 0 0 1 1 1 1 1 1 1 1 1 1 1 1 & I I * 0 0 * 4 ..... *04**44
7.02
See: TAXATION
Public records ..........................................
11.01
Transfer of appropriations
Amendments after adoption ...........................
8.04
iFOR i�9
Actions where security or bond not required .............. 11.06
Administration of budget ................................ 8.07
Annual budget .......................................... 8.03
Bonds for city employees...............................0 3.15
Borrowing for capital improvements. 1 11 0 8.05
CHTi:3
FRIENDSWOOD CODE
BONDS—Cont'd.
Section
City manager. . . . . . . . . .
4.01-
Mayor and mayor pro tem ...............................
3.05
Ordinances of council in general .........................
3.11
BOOKS, DOCUMENTS
City attorney ...........................................
4.03
Mayor and mayor pro tem ...............................
3.05
BOUNDARIES
Boundaries established
1.03
..................................
Change of boundaries and annexation of territory .........
2.02
BUDGET
Administration of budget ................................
8.07
Amendments after adoption .............................
8.04
Annual budget. . 0 4 4 0 4 0 4 4 0 1., * 4 1 4 0 4 0
8.03 et seq.
See: FINANCES
Arrears of taxes offset to debt against city ................
7.08
See: TAXATION
City manager ...........................................
4.01
Form of government ....................................
1.02
Initiative, referendum and recall
General authority.... . 0*0604*0
5.01
Ordinances of council in general .........................
3.11
Public record
8.02
...........................................
BUILDINGS
Borrowing
Codes of technical regulations
Authentication and recording, codification, printing ..... 3.14
City council proceedings ............................... 3.13
Emergency ordinances .................................. 3.12
Franchises and public utilities, 9.01 et seq.
See: FRANCHISES
IN
CAMPAIGN CONTRIBUTIONS
CANDIDATES
Nominations and elections. ........ 6.01 et seq.
Eligibility requirements ............................... 6.02
Filing for office, public disclosure ...................... 6.02
See: ELECTIONS
CANVASSING
Nominations and elections, 6.01 et seq.
See: ELECTIONS
CHTi:4
CIARTERINDEX
Section
CAPITAL IMPROVEMENTS
Accounts of municipally -owned utilities ....................... 9.11
Administration of budget ........................................ 8.07
Annualbudget .................................................... 8.03
Borrowing for ..................................................... 8.05
Financial procedures. See: FINANCES
Initiative, referendum and recall
Generalauthority .............................................. 5.01
Lapse of appropriations, a a 0 6 a q a 9 4 0 0 * I I q a 6 4 0 4 0 0 0 9 a 0 0 0 a a 0 0 W P 0 0 6 a 8.06
CERTIFICATIONS
Filing for office, public disclosure .........................:..... 6.02
Nominations and elections; oath of office ................... 6.01 et seq.
See: ELECTIONS
CHARTER REVIEW COMMISSION
Action by the council ............................................. 11.09(b)
Term of office ..................................................... 11.09(c)
CHILDREN
Filing for office, public disclosure, .............................. 6.02
Nominations and elections; oath of office ..................0 6.01 et seq.
See: ELECTIONS
Nepotism
State statutes adopted ........................................ 11.04
CITIZENS
Change of boundaries and annexation of territory ........... 2.02
Ordinances of council in general.,..... D11111*0#s**d*q 060000**', 3.11
Rules of procedure for council.....,,,,,",, 3.10
CITY ATTORNEY. See: ATTORNEY
CITY COUNCIL
Administration of budget ........................................ 8.07
Administrative departments .................................... 4.05
Amendments after adoption ..................................... 8.04
Annualbudget .................................................... 8.03
Authentication and recording, codification, printing ......... 3.14
Bonds for city employees ........................................ 3.15
Borrowing for capital improvements ........................... 8.05
Budget
Administration of .............................................. 8.07
Annualbudget ................................................. 8.03
Canvassing and election results ................................ 6.04
Nominations and elections; oath of office ................... 6.01 et seq.
See: ELECTIONS
Capital improvements
Borrowingfor.................................0................ a 8.05
Change of boundaries and annexation of territory ........... 2.02
Charter review commission....................................1 11.09
City attorney"..,, 61,111,11000*004*q **dead" 10*1 "1 104*111, 61,1100 4.03
Supp. No. 0 CHTi:5
FRIENDSWOOD CODE
Section
CITY COUNCIL (Confd.)
City elections
Nominations and elections; oath of office ...................
See: ELECTIONS
6.01 et seq.
City manager .....................................................
Citysecretary.....................................................
Codes of technical regulations ..................................
Compensation. I I 1 9 0 0 0 a 0 0 0 0 0 4 0 1 1 4 1 0 1 1 0 4 0 0 0 0 0 0 a 0 * 0 4 0 0 1 9 0 a 1
Emergency ordinances ...........................................
Filing for office ..................................................
Nominations and elections; oath of office.
See: ELECTIONS
0 0 9 0 9 h
4.01
4.04
3.13
3.04
3.12
6.02
6.01 et seq.
Filling of vacancies,,,.,,, I.. It to 6*4 0666 .... a ...
Finances
3.06
Officials protected from financial loss .......................
Personal financial interest ....................................
Forfeiture....... .1.1 voted 0 1 1 a I 1 0 a * 0 1 0 1 0 1 1 1 1 1 1 0 0 0 0 . I I . I I I . . I
Form of government, . 1 0 0 1 0 0 1 0 0 0 0 0 1 4 4 4 4 * 4 4 1 4 0 0 0 1 1 4 0 4 0 1 4 4 0 1
Franchises
. 0 * 4 V I I 1
0 0 4 # I a 0 0
3.17
11.03
3.06
1.02
Accounts of municipally -owned utilities... ..................
Ordinance granting franchise ................................
Power to grant franchise,
Public service corporations to file annual reports ..........
Regulation of rates, Id *1 60,11114, 61,1111, 1 "I'll, ..........
Sales of municipal services ...................................
Transfer of franchise ..........................................
General powers and duties., devoted 61,111,11111, 61, do
Initiative, referendum and recall
I"V,
mass we*
9.11
9.03
9.02
9.10
9.09
9.12
9.05
3.07
Action on petitions .............................................
Determination of sufficiency, 1 0 1 1 1 1 0 0 4 4 0 0 1 0 4 1 0 0 * 0
Elections
4 4 0 0 4 0 1
5.06
5.04
Failure of council to
Call an election, 1 0 * 1 0 1 1 1 0 4 1 1 1 1 1 1 1 1 1 1 1 9 4 1 1 1 1 . . I I . I I I I I 1
Call an election on recall .................................
Recall election ...............................................
Results.....................................................
Results of election ...........................................
Recall elections ............................................
General authority ..............................................
Initiation of proceedings; petitioners' committee; affidavit
5.12
5.13
5.09
5.10
5.07
5.10
5.01
5.02
Petitions........................................................
Investigation by the city council.
Judge of election qualifications,
Mayor and mayor pro tem...........:...........................
Meetings of council ..............................................
Municipal court ...................................................
Nominations and elections ......................................
See: ELECTIONS
5.03
3.16
3.03
3.05
3.09
4.02
6.01 et seq.
Number, selection, term, and term limitations.
Official newspaper ................................................
3.01
11.02
Supp. No. 3 CHTi:6
CHARTERINDEX
Section
CITY COUNCIL (Coned.)
Officials protected from financial loss. . 3.17
Ordinances in general ........................................... 3.11
Personal financial interest ...................................... 11.03
Personnel system ................................................. 4.06
Prohibitions....................................................... 3.08
Public records ..................................................... 11.01
Qualifications............:....................................vote 3.02
Rules of procedure, . 0 6 0 0 0 9 4 0 0 0 * & a * 1 0 9 9 0 0 0 * 0 a * & 0 0 0 0 0 6 6 4 * 9 a a a d F q 3.10
Selection............................................9:............. 3.01
Submission of charter to voters .......:......................... 11.10
Taxation. See also that subject
Powerto tax .................................................... T02
Term, term limitations...."... .6006 1114.0.I'll, . . . . . . 4...... 3.01
Vacancies, forfeiture, filling of vacancies ...................... 3.06
Zoning............................................................. 2.07
CITY ELECTIONS
Nominations and elections ...................................... 6.01 et seq.
See: ELECTIONS
CITY HALL
Annualbudget .................................................... 8.03
Canvassing and election results ............................... 9 6.04
Nominations and elections; oath of office ................... 6.01 et seq.
See: ELECTIONS
City secretary.... 9 0 a 0 * 6 4 V V V 0 0 6 a 6 h F 0 0 a 0 a 6 4.04
Meetings of council ......:........................................ 3.09
CITY MANAGER
Acting city manager,.,.....,,,, .... *fees 4.01(e)
Administrative departments .................................... 4.05
Administrative services..... 404 *MEN 0440064D 0 0 4 0 . . . . 4.01
Appointment and qualifications ................................ 4.01(a)
Budget
Administration of budget....",, 8.07
Amendments after adoption .................................. 8.04
Annualbudget ................................................. 8.03
City council prohibitions, . q 0 0 0 a 0 0 0 0 4 0 3.08
Compensation..................................................... 4.01(b)
Form of government, . 0 0 4 , 0 , , * 0 4 4 W 4 a M a 0 a 0 0 a 0 a W 0 , 1.02
Personal financial interest ...................................... 11.03
Personnel system.., .. I V* 0 1 1 0 0 0 4 a a 0 0 6 0 a a * * 0 1 1 1 4 14040014*1110, 4.06
Powers and duties ................................................ 4.01(d)
Term and removal...............................................0 4.01(c)
Tortliability....................................................... 2.06
CITY SECRETARY
Administration of budget'..,,,,,", ........ 8.07
Administrative services. , S*0000offideop 4.04
Appointment...................................................... 4.04
Authentication and recording, codification, printing ......... 3.14
Supp. No. 3 CHTi:7
FRIENDSWOOD CODE
Section
CITY SECRETARY (Cont'd.)
Borrowing for capital improvements ........................... 8.05
Boundaries........................................................ 1.03
Canvassing and election results ................................ 6.04
Nominations and elections; oath of office .................. 0 6.01 et seq.
See: ELECTIONS
Charter review commission ..................................... 11.09
City elections
Nominations and elections; oath of office ..................1 6.01 et seq.
See: ELECTIONS
City manager ..................................................... 4,01
Codes of technical regulations .................................. 3.13
Compensation, I I M 4 0 1 1 1 1 1 + 9 1 1 0 a P a a 0 0 0 4 1 a a a a V 4 * 4 1 1 1 1 1 a 0 * * 6 1 1 1 1 1 a 1 0 0 0 4.04(b)
Duties, I I I I I 1 4 4 4 0 1 1 1 a 0 0 a a P 0 0 6 a & a a 0 1 0 1 1 1 1 1 4 0 0 1 1 1 1 1 1 0 a 0 0 a 0 0 a 0 4 t 0 4 4 a a , 4 4.04(a)
Filing for office ................................................... 6.02
Nominations and elections; oath of office ..................1 6.01 at seq.
See: ELECTIONS
Initiative, referendum and recall
Action on petitions ............................................. 5.06
Determination of sufficiency,, I I 1 11 1 a 0 4 1 1 1 1 a a 0 a 0 0 a a 4 a 0 0.... 5.04
Failure of council to call an election on recall .............. 5.13
Initiation of proceedings; petitioners' committee; affidavit 5.02
Powerof recall ......................... 4....................... 5.08
Recallelection .................................................. 5.09
Oath of office., .11.1 pot 11 61 1 1 1 1101, 11140#01saa 000044 6.05
Ordinances of council ............................................ 3.11
Public service corporations to file annual reports. 9.10
Submission of charter to voters ................................. 11.10
Tort liability, a 0 0 1 1 1 1 1 1 1 0 1 1 1 1 1 1 1 1 . I I I I I 1 0 1 1 0 1 1 1 1 1 1 1 0 1 1 1 1 0 a a a 0 0 a 0 a a 2.06
CLAIMS
Tortliability, 1 1 1 1 1 0 a a a 0 4 1 0 a a 2.06
CLASSIFIED SERVICE
Personnel system; classified service ....................0....... 4.06(b)
See: OFFICERS AND EMPLOYEES
CLERK OF COURT
Boundaries re ..................................................... 1.03
Courts. See that subject
CODES OF TECHNICAL REGULATIONS
Authentication and recording, codification, printing ......... 3.14
City council proceedings ......................................... 3.13
COMMISSIONS, COMMITTEES. See: BOARDS, COMMIT-
TEES AND COMMISSIONS
CONDEMNATION
Eminentdomain .................................................. 2.03
Franchises and public utilities
Acquiring by condemnation .................................. m 9.06
General powers of city ........................................... 2.01
Supp. No. 3 CHTi:B
CHARTERINDEX
Section
CONDEMNATION (Contd.)
Street development and improvements ........................ 2.05
Annual budget ....................................................
8.03
Borrowing for capital improvements ...........................
8.05
Charter, construction of.. $64
00
11.10
Codes of technical regulations
Authentication and recording, codification, printing.......
3.14
Citycouncil proceedings ...........:.:........................
3.13
Franchises and public utilities ..................................
9.01 at seq.
Right of regulation.. P 4 4 f f 4 M f 0 0 4 4 0 0 4 9 of,* foot 6 off, off 4
*4 0
9.07
See: FRANCHISES
Grant not exclusive ..............................................
9.04
Municipal services
Salesof ..........................................................
9.12
Powers of city .....................................................
9.01
Right of regulation ...............................................
9.07
Street development and improvements ........................
2.05
Administration of budget ........................................
8.07
Assignment, execution, and garnishment .....................
11.05
City attorney......................................................
4.03
Filing for office ...................................................
6.02
Nominations and elections; oath
of office ...................
6.01 et seq.
See: ELECTIONS
General powers of city .:.........................................
2.01
Mayor and mayor pro tem..
60 of .... a ....
3.05
Official newspaper. of 4 0 0 *4 0 0 0 *4 ffq*6 0
off a 0 of as a go off 4... *000000090
11.02
Personal financial interest ......................................
11.03
Personnel system .................................................
4.06
Purchasing........................................................
8.08
CORPORATE LIMITS
Change of boundaries and annexation of territory ........... 2.02
Filing for office ................................................... 6.02
Nominations and elections; oath of office ................... 6.01 et seq.
See: ELECTIONS
General powers of city ........................................... 2.01
Incorporation, I I I I I M I I I I I I M I I M 0 f I 1 0 1 0 0 0 1 1 M I M 0 * a 1 0 0 # & 4 0 0 a 0 a I I I q I * I I 1 1.01
Public service corporations to file annual reports ............ 9.10
COUNCIL. See: CITY COUNCIL
COURTS
Boundaries filed in office of clerk of court ..................... 1.03
Initiative, referendum and recall
Determination of sufficiency.,. I'll "I I 'mum. 5.04
Failure of council to call an election ......................... 5.12
An election on recall ........................................ 5.13
Supp. No. 3 CHTi:9
FRIENDSWOOD CODE
Section
COURTS (Contd.)
Invalid provisions
Separability clause...",,,., 11.07
Municipal court, , 1 0 4 6 4 1 1 1 0 0 1 1 1 a 4.02
Administrative services .......................................: 4.02
State courts
Actions where security or bond not required ............... 11.06
Tort liability of city for death, personal injuries .............. 2.06
II
DAMAGES
Tort liability, , 2.06
DEATHS
Tort liability of city for death, personal injuries .............. 2.06
DEPARTMENTS AND OTHER AGENCIES OF CITY
Accounts of municipally -owned utilities ....................... 9.11
Administrative departments.....................*mud ........." 4.05
Amendments after adoption ..................................... 8.04
Annualbudget .................................................... 8.03
Boards, commissions, etc., regulations. See: BOARDS, COM-
MITTEES AND COMMISSIONS
Divisions
Amendments after adoption .................................. 8.04
Annualbudget ................................................. 8.03
General powers, , 2.01
Investigation by the city council ............................. 3.16
Investigation by the city council ................................ 3.16
City council regulations. See: CITY COUNCIL
Oathof office, . I 1 1. 0 1 1 0 * 61 11 0 4 V a a N * * I & 0 & . 1 0 1 1 1 1 1 1 1 1 . * 4 1 4 1 1 0 0 0 a * a 4 0 P 6.05
Nominations and elections; oath of office ................... 6.01 et seq.
See: ELECTIONS
Personnel system'..,, 4 4.06
See: OFFICERS AND EMPLOYEES
Supp. No. 3 CHTi:10
CHARTERINDEX
DEPARTMENTS AND OTHER AGENCIES OF CITY-Cont'd. Section
Public records .......................................... 11.01
DISABILITY
City manager ........................................... 4.01
Mayor and mayor pro tem ............................... 3.05
Personnel system.....................................I. 4.06
Filing for office, public disclosure ................ I ....... 6.02
Nominations and elections; oath of office ............... 6.01 et seq.
See: ELECTIONS
DISCRIMINATION (Based on race, sex, political or religious
opinions, affiliations)
Personnel rules ......................................... 4.06(e)
Unjust discrimination in service or rates for franchised public
utilities
Right of regulation. 9.07
See: FRANCHISES
DOCUMENTS
Public records .......................................... 11.01
i s!
�i�sil►l
Ballots .................:...............................
6.03
Canvassing and election results .........................4
6.04
Charter review commission ...........................:..
11.09
City council
Emergency ordinances ................................
3.12
Judge of election qualifications ........................
3.03
Mayor and mayor pro tem .............................
3.05
Number, selection, term, and term limitations ..........
3.01
Officials protected from financial loss. 4 0 + M I M I I.. I M I I 1 1
3.17
Ordinances of council in general .......................
3.11
Qualifications ........................................
3.02
Vacancies, forfeiture, filling of vacancies ...............
3.06
City elections ...........................................
6.01
City manager ...........................................
4.01
Eminent domain,
2.03
Filing for office............."of Weal ...............e....
6.02
General powers.,, 1 0*60 41, 1 ",a ...........
2.01
Initiative, referendum and recall
Action on petitions.,, 1 11**1 "I'll
5.06
Determination of sufficiency.,, "....
5.04
Election results
004 .............
Initiative..","",
5.07(a)
WeA*effl 0 ell
Limitation of council repeal, . W
5.07(b)
Referendum
5.07(c)
.......................................4
Failure of council to call an election.. ..................
5.12
CHTi:l1
FRIENDSWOOD CODE
ELECTIONS-Cont'd.
Section
Failure of council to call an election on recall .....:.....
5.13
General authority, 4 1 .........
5.01
Initiative
General authority ...................................
5.01(a)
Limitation on recall, 4 1 1 1 1 1 a I I I I I I 1 1. 1 1 1 1 1 1 1 1 * 0 a 0 0
5.11
. I I I 1
Petitioners' committee; affidavit .............. ........:
5.02
Petitions
5.03
..............................................
Action on petitions.,.
5.06
Action by council .............:...................
5.06(a)
Submission to voters
5.06(b)
..............................
Withdrawal of petitions ...........................
5.06(c)
Affidavit of circulator
5.03(c)
...............................
Council failure to call
An election",,.,.,
5.12
. 0449#49**04 09
Election on recall
5.13
.................................
Determination ofsufficiency ........................0
5.04
Certificate of city secretary ........................
5.04(a)
Court review; new petition ........................
5.04(f)
Insufficient petition
Amending,
5.04(e)
Appeal .........................................
5.04(d)
Final determination.
5.04(c)
Sufficient petition
Final determination, .
5.04(b)
Form and content...............................4...
5.03(b)
Limitation on recall
5:11
.............................a...
Number of signatures ...............................
5.03(a)
Power of recall,
5.08
. 1 9 * I * 0 * 0 4 * * 4 * 0 0 0 . 0 a * a 0 a 0 0 0 M M 0 0-0 0 9 4 1
Results of recall election,
5.10
. 0 0 4 a 4 1 1 0 1 1 1 1 1 0 a 0 0 M a 0 0 a a a 0 0
Time for filing petitions .............................
5.03(d)
Proceedings, initiation of .................:............
5.02
Recall election
5.09
........................................
Limitation on recall'.,,.,,
5.11
I'll let,* V ffi**E.a so **ad M ...
Power of recall,
5.08
I I I 1 0 1 1 0 0 4 * I I 1 0 0 a 0 0 0 4 a V 0 0 0 1 1 1 1 1 1 1 1
Results of election ..................................
5,0715,10
Referendum
General authority ...................................
5.01(b)
Municipalcourt .........................................
4.02
Nominations and elections; oath of office
Ballots", I I I'll, "01 *,*
6.03
...... 49*000 ......
Canvassing and election results...","
6.04
Canvassing,
6.04(a)
Majority, ............................................
6.04(b)
Notification and taking office ........................
6.04(d)
Runoff election
City elections
6.01
.........................................
Schedule .:.........................................
6.01(a)
Conduct and regulation of elections .........:..........
6.01(d)
Filing for office .......................................
6.02
. Certification of petition'.. 614*01,46,
6.02(c)
. 0#099111: 1 14 see&
CH1t:12
(:HAKrEn INDEX
Section
ELECTIONS (Cont'd.)
Eligibility to file .............................................
Procedure and schedule for filing, 1 0 0 4
Public disclosure, I I I I I 1 1 6 4 4 a a I I I I a 0 1 a 0 1 a
Oath of office ...............................:...................
Special elections.." 1000 1 a 006 1 of* 60,14,
Voter eligibility list ............................................
Oath of office, 0 1 0 1 0 1 4 1 1 1 1 0 a 6 a 0 1
Personnel system .................................................
Regulation of rates ............... ...... .........
Submission of charter to voters.,,,
..........
0 4 0 a 1 0 a I I I 1 4 6 1 1 1
10061,11, "1
0 1 0 0 4 0 0 0 6 6 0 0 0 a I I 1
...:.............
6.02(a)
6.02(b)
6.02(d)
6.05
6.01(b)
6.01(c)
6.05
4.06
9.09
11.10
ELECTRICAL WORK
Codes of technical regulations
Authentication and recording, codification,
City council proceedings ......................................
printing.......
3.14
3.13
ELECTRICAL UTILITY. See: UTILITIES
Amendments after adoption ..................................... 8.04
Emergency ordinances..........................................1 3.12
Employee pensions and insurance, 4 4 1 0 0 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 0 1 4.06
Initiative, referendum and recall
Generalauthority,.,..,,,,, I I IEEE a I bad ESE 0* 1. 0111 11 I'll I'll 1'* 5.01
Ordinances of council in general ................................ 3.11
EMPLOYEES. See: OFFICERS AND EMPLOYEES
ENCROACHMEENTS
Streets and public property ..................................... 2.04
ERRORS
Public service corporations to file annual reports :........... 9.10
EVIDENCE
Borrowing for capital improvements ........................... 8.05
Investigation by the city council ............................... 0 3.16
IQ
FALSE
Public service corporations filing false reports ................ 9.10
FILING FOR OFFICE
Eligibility requirements............I.E.I..... 4.................. 6.02
Nominations and elections .................................... 6.01 et seq.
See: ELECTIONS
FINANCES
Accounts of municipally -owned utilities ....................... 9.11
Administration of budget ........................................ 8.07
Financial reports ............................................... 8.07(b)
Independent audit ............................................. 8.07(c)
Payments and obligations prohibited..... I .................. 8.07(a)
Supp. No. 3 CHTi:13
FRIENDSWOOD CODE
Section
FINANCES (ConVd.)
Amendments after adoption .....................................
Annualbudget ....................................................
Arrears of taxes offset to debt against city ....................
See: TAXATION
8.04
8.03
7.08
Bonds for city employees ........................................
Borrowing for capital improvements ...........................
Addition of ordinance ........:.................................
Bonds incontestable ...........................................
Borrowing.......:......................met ........... *so ........
General obligation bonds ......................................
Revenue bonds ................................................ a
Budget
3.16
8.05
8.05(e)
8.05(d)
8.05(a)
8.05(b)
8.05(c)
Amendments after adoption ..................................
Effective date ................................................
Emergency appropriations .................................
Limitations
8.04
8.04(f)
8.04(b)
...................................................
Reduction of appropriations ................................
Supplemental appropriations ..............................
Transfer of appropriations ..................................
Annualbudget .................................................
Adoption......................................................
Amendment before adoption ...............................
Amendments after adoption ................................
Content......................................................1
Public notice and hearing ..................................
Submission.............., I
Charges
8.04(e)
8.04(c)
8.04(a)
8.04(d)
8.03
8.03(e)
8.03(d)
8.04
8.03(a)
8.03(c)
8.03(b)
Borrowing for capital improvements. 1 19 0 a 4 0 a 1 4 0 0 0 0 4 0 6 ... sees
Emergency ordinances ........................................
Initiative, referendum and recall
8.05
3.12
Failure of council to call an election ....................
Failure of council to call an election on recall .........
Franchise value not to be allowed ................. <.........
Public service corporations to file annual reports....,,,,,,
Regulation of rates, a 0 6 6 1 1 1 0 0 0 a 0 1 0 4 a f 4
City manager .....................................................
Costs
5.12
5.13
9.06
9.10
9.09
4.01
Accounts of municipally -owned utilities .....................
Annualbudget .................................................
Assignment, execution, and garnishment ...................
Bonds for city employees ......................................
Municipal court ................................................
Personnel system ..............................................
Street development and improvements, a a 0 6 0 1 1 1 1 0 0 0 0 4 1 1 q 1 4 q
Expenses
9.11
8.03
11.05
3.15
4.02
4,06
2.05
Accounts of municipally -owned utilities .....................
Annual budget .......:.........................................
City council, compensation.,
Citymanager..,,.,,,,,,,,,,,, voice see
9.11
8,03
3.04
4.01
Supp. No. 3 CH'Iti:14
CHARTER INDEX
Section
FINANCES (Contd.)
Ordinance granting franchise ................................
Filing for office ...................................................
Nominations and elections; oath of office ...................
See: ELECTIONS
9.03
6.02
6.01 et seq.
Financial interests
Personal financial interest ....................................
Fiscalyear ........................................................
Franchise value not to be allowed ..............................
Franchises and public utilities .................:.............
See: FRANCHISES
11.03
8.01
9.06
9.01 et seq.
Funds
Accounts of municipally -owned utilities .....................
Administration of budget .....................................
Annualbudget .................................................
Assignment, execution, and garnishment ...................
Borrowing for capital improvements. . 4 1 9 4 0 * 0 0 0 0 6 4 a 4 & a a & a
Personnel system ..............................................
Initiative, referendum and recall
9.11
8.07
8.03
11.05
8.05
4.06
General authority ..............................................
Lapse of appropriations. 4 0 0 . 0 4 0 * 4 & * a 0 a * a 0 a a 4 * 0 0
Officials protected from financial loss ..........................
Ordinances in general ...........................................
Personal financial interest.....................................1
Personnel system .................................................
Public record ......................................................
Public service corporations to file annual reports ............
Purchasing.......................................................0
5.01
8.06
3.17
3.11
11.03
4.06
8.02
9.10
8.08
FINES, FORFEITURES AND OTHER PENALTIES
City council
Vacancies, forfeiture, filling of vacancies ....................
3.06
FISCAL PROCEDURES. See: FINANCES
FORFEITURES
City council
Vacancies, forfeiture, filling of vacancies ....................
3.06
Ordinances of council in general ................................
3.11
Personnel system .................................................
4.06
Public service corporations to file annual reports ............
9.10
FORM OF GOVERNMENT
Boundaries........................................................
L03
Form of government'..",."",,,,,, go* a . a 0 0 0 0 0 0 4 0 * . . . . . . 0 0 , 0 0
1.02
Incorporation.., ...... * 0 0 a
1.01
FRANCHISES
Franchises and public utilities
Accounts of municipally -owned utilities .....................
9.11
Extensions......................................................
Franchise records ..............................................
9.08
9.13
Supp. No. 3 CHTi:15
F UENDSWOOD CODE
Section
FRANCHISES (ConVd.)
Franchise value not to be allowed ........................... 9.06
Grant not to be exclusive ..................................... 9.04
Ordinance granting franchise ................... goo .......0" 9.03
Power to grant franchise........................0............. 9.02
Powers of the city,,,,, . 116,4000 P*0 00044 16 I'll I "1 114 1* 1 04 004 so $' 9.01
Public service corporations to file annual reports.......... 9.10
Regulation of rates", ..11.1 "I'll" I V, VM11 14,11, .......... 60,40 9.09
Right of regulation............. V4 V 0 0 4 0 . 0 0 4 4 a a 0 0 a 0 , , M 0 4 . . . . . . . . . 9.07
Sales of municipal services ................................... 9.12
Transfer of franchise .......................................... 9.05
GALVESTON COUNTY
Boundaries...................................0......4............. 1.03
Incorporation, . * I I I I I I I I I I I I ............... 1.01
Initiative, referendum and recall
Failure of council to call an election ......................... 5.12
On recall, 5.13
GARNISHMENT
Writ of garnishment., 11.05
GIFTS
Filing for office ................................................... 6.02
Nominations and elections; oath of office ................... 6.01 et seq.
See: ELECTIONS
to
HEALTH CONCERNS
HOSPITAL BENEFITS
Employee pensions and insurance. 4.06
IMPROVEMENTS
Accounts of municipally -owned utilities ....................... 9.11
Administration of budget ........................................ 8.0?
Annual budget .................................................... 8.03
Borrowing for capital improvements ........................... 8.05
Codes of technical regulations
Authentication and recording, codification, printing....... 3.14
City council proceedings ...................................... 3.13
Ordinances of council in general, I . 6 1 1 1 6 1 1 1 1 6 1 d . . . . . . . . . . . . . 6 3.11
Public service corporations to file annual reports ............ 9.10
Supp. No. 3 CHTi:16
I )
CHARTER INDEX
IMPROVEMENTS—Cont'd.
Street development and improvements .................. .
INCORPORATION, FORM OF GOVERNMENT
Boundaries,,,.",.,,,,.,,
Form of government ....................................
Incorporation ...........................................
Section
2.05
INITIATIVE ELECTIONS
Initiative, referendum and recall ......................... 5.01 et seq.
See: ELECTIONS
INJURIES
Tort liability for death, personal injuries ................. 2.06
INSURANCE
Employee pensions and insurance ...........I ...... ...... 4.06
INTERFERENCE
Prohibitions ............................................ 3.08
INVALID PROVISIONS
Separability clause. . I I I 1 11 1 1 1 # 1 0 1 4 0 a 4 V . 0 a 4 4 0. d., . I I I I I 1 1 11.07
J
.1� i11Z(f�
Nominations -and elections; oath of office ............... 6�01 et seq.
See: ELECTIONS
Court related provisions. See: COURTS
Initiative, referendum and recall
Failure of council to call an election on recall ........... 5.13
Judge of election qualifications .......................... 3.03
Municipal court, 4.02
JURISDICTION
Filing for office ......................................... 6.02
Nominations and elections; oath of office ............... 6.01 et seq.
See: ELECTIONS
Separability clause,. 1. 1 1 1 1 1 1. 1 1.. 0 1 .......... 11.07
Streets and public property .............................. 2.04
LAW DEPARTMENT
Public records .......................................... 11.01
CHTi:17
FRIENDSWOOD CODE
LEASE, LEASING Section
Administration of budget ................................ 8.07
Franchises and public utilities .....................:...... 9.01 et seq.
See: FRANCHISES
Generalpowers......................................... 2.01
Powers ofthe city ....................................... 9.01
Streets and public property .... .......................... 2.04
LETTER OF RESIGNATION
Filing for office, public disclosure ........................ 6.02
Nominations and elections; oath of office ............... 6.01 et seq.
See: ELECTIONS
MALFEASANCE
Personal financial interest ...............................
11.03
Power of recall
5.08
..........................................
MANAGER. See: CITY MANAGER
MANUFACTURE
Powers of the city .......................................
9.01
MAYOR
Nominations and elections; oath of office ...............
6.01 et seq.
See: ELECTIONS
City council. See also that subject
Mayor and mayor pro tem .....................:.......
3.05
Meetings of council ...................................
3.09
Number, selection, term, and term limitations ..........
3.01
Prohibitions
3.08
..........................................
Qualifications ........................................
3.02
Rules of procedure ....................................
3.10
Vacancies, forfeiture, filling of vacancies ...............
3.06
Form of government ....................................
1.02
MECHANICAL WORK
Codes of technical regulations
Authentication and recording, codification, printing .....
3.14
City council proceedings ...............................
3.13
MEDICAL CONCERNS
Employee pensions and insurance ........................
4.06
MUNICIPAL COURT
Administrative services .................................
4.02
See: COURTS
Accounts of municipallyo�vned utilities .................
9.1 L
Sales of municipalsendces ............................
9.12
CHTi:18
l�
J
CHARTER INDEX
Section
N
NEPOTISM
State statutes adopted ........................................... 11.04
NEWS MEDIA
Public records ........................:............. ............... 11.01
NEWSPAPERS
Annual budget
Public notice .........................:.:......................... 8.03
Authentication and recording, codification, printing, ....... 0 3.14
Charter review commission report .,........................... 11.09
Official newspaper.......,,,, 11.02
Ordinance granting franchise..................................4 9.03
Ordinances in general ........................................... 3.11
NOMINATIONS AND ELECTIONS. See: ELECTIONS
NOTICES
Annualbudget .................................................... 8.03
Franchises and public utilities
Right of regulation ............................................. 9.07
Initiative, referendum and recall
Determination of sufficiency .................................. 5.04
Initiation of proceedings; petitioners' committee; affidavit 5.02
Nominations and elections; oath of office
Canvassing and election results .............................. 6.04
Filing for office ................................................. 6.02
Official newspaper. . 11.02
Public service corporations to file annual reports ............ 9.10
Tort liability,,,,,,, 2.06
NUMBER
City council
Authentication and recording, codification, printing....... 3.14
Number, selection, term, and term limitations ............. 3.01
Ordinances in general .......................................:. 3.11
Initiative, referendum and recall
Determination of sufficiency, . 5.04
Petitions........................................................ 5.03
Powerof recall ................................................. 5.08
Results of election ............................................. 5.07
Nominations and elections; oath of office
Canvassing and election results,,,,, 111404*061111 6.04
Filing for office..,,, 1111140044 .... .... 6.02
Tortliability..............................4........................ 2.06
O
OATH, AFFIRMATION, SWEAR OR SWORN
Initiative, referendum and recall
Failure of council to call an election on recall .............. 5.13
Sapp. No. 3 CH'Iti:19
FRIENDSWOOD CODE
Section
OATH, AFFIRMATION, SWEAR OR SWORN (ConVd.)
Investigation by the city council ................................
Nominations and elections; oath of office
3.16
Canvassing and election results. .
Oath of office ...................................................
See: ELECTIONS
6.04
6.05
Public service corporations to file annual reports ............
9.10
OCTOBER 1
Fiscalyear ........................................................
Financial procedures. See: FINANCES
8.01
OFFICERS AND EMPLOYEES
Employee
Assignment, execution, and garnishment ......... FPO ........
City council
11.05
Bonds for city employees ...................................
Prohibitions...................................................
Initiative, referendum and recall
3.15
3:08
General authority ...........................................
Nominations and elections; oath of office
6.01
Filing for office ..............................................
Personal financial interest... F. 6 0 1 q 9 1 1 0 0 OF 0 0 0*0 a *6 1 It I V 1 0 *
Personnel system ..............................................
Malfeasance in office .............................................
Officer
6.02
11.03
4.06
11.03
Administration of budget .:.....:.............................
Assignment, execution, and garnishment ...................
Authentication and recording, codification, printing.......
Bonds for city employees ...............................,......
City council
8.07
11.05
3.14
3.15
Authentication and recording, codification, printing ....
Bonds for city employees ......................:............
Prohibitions.................................................o
Citymanager ...................................................
Initiative, referendum and recall
3.14
3.15
3.08
4.01
General authority .......................................... 4
Oathof office, . I I 1 4 1 1 1 1 * V 4 0 4 4 9 0 a t s d a 1 9 1 V V * 0 0 0 s 0 4 0 a * 0 1 0 1 0 1 1 q
Recall election ...............................................
Oath of office ...................................................
Personal financial interest ....................................
Personnel system.............................................1
Prohibitions'. 11 *so 00 pope * 60046 be F004 **so ......
Offices
6.01
6.05
5.09
6.05
11.03
4.06
3.08
Administration of budget .....................................
Amendments after adoption ..................................
Boundaries, I I I I I 1 4 0 0 1 0 4 4 1 1 1 1 1 1 1 0 0 6 a 0 1 0 1 6 1 0 1 1 4 * I I 1 0 1 0 1 1 0 0 0 0 0 * I 1
Canvassing and election results.....
Charter review commission............................a......
Cityattorney ...................................................
8.07
8.04
1.03
6.04
11.09
4.03
Supp. No. 3 CHTi:20
CHARTER INDEX
Section
OFFICERS AND EMPLOYEES (Coned.)
City council
Investigation by the city council ........................... 3.16
Number, selection, term, and term limitations........... 3.01
Prohibitions.................................................. 3.08
Vacancies, forfeiture, filling of vacancies ................. 3.06
Citymanager ................................................... 4.01
Citysecretary .................................................. 4.04
Filing for office ................................................. 6.02
Initiative, referendum and recall
Action on petitions .......................................... 5.06
Results of recall election .................................... 5.10
Nominations and elections; oath of office
Canvassing and election results .................... Osseo.. 6.04
Filing for office .............................................. 6.02
Oath of office ................................................. 6.05
Oathof office ................................................... 6.05
Personal financial interest .................................... 11.03
Personnel system .............................................. 4.06
Public records .................................................. 11.01
Personal financial interest ..................... 0................ 11.03
Personnel system ................................................. 4.06
Appointments and promotions ............................... 4.06(a)
Classified service ............................................... 4.06(b)
Employee pensions and insurance ........................... 4.06(d)
Personnel rules ................................................. 4.06(e)
Prohibited acts .................................................. 4.06(c)
OPENINGS
Right of regulation ............................................... 9.07
ORDINANCES, RESOLUTIONS, ETC.
Ordinance granting franchise ................................... 9.03
Franchises and public utilities ..............:................ 9.01 et seq.
See: FRANCHISES
P
PARKS AND RECREATION
Streets and public property ..................................... 2.04
PENSIONS AND RETIREMENT
Personnel system.,.,. .. 1'I1'o*o**EoSoo Nosed &,1 *111, 11194 0+04,1114 4.06
Employee pensions and insurance ........................... 4.06(d)
PERSONNEL SYSTEM. See: OFFICERS AND EMPLOYEES
PLATS
Mayor and mayor pro tem....................................... 3.05
PLUMBING CODES
Codes of technical regulations
Authentication and recording, codification, printing....... 3.14
Supp. No. 3 CHTi:21
FRIENDSWOOD CODE
Section
PLUMBING CODES (ConVd.)
City council proceedings ......................................
3.13
POLICE RECORDS
Publicrecords .....................................................
11.01
POLITICAL CONCERNS
Generalpowers ...................................................
Incorporation. .
Personnel system .................................................
Political discrimination. See: DISCRIMINATION
2.01
1.01
4.06
POWERS OF CITY
Administrative departments ....................................
Arrears of taxes offset to debt against city ..:.................
See: TAXATION
4.05
T08
Borrowing for capital improvements.
Boundaries.............:..........................................
Change of boundaries and annexation of territory ...........
City council
8.05
1.03
2.02
General powers and duties .................................. a
City manager .....................................................
Eminentdomain ..................................................
Form of government, . h 0 M . 4 9 4 . 0 a 0 0 0 * I * q 0 4 0 0 0 6 0
General powers ...................................................
Incorporation, . 9 6 s 4 d M 9 9 0 9 4 a a 0 a d 0 9 0 0 a 0 * a * s * M 4 * 4 0 4 a 0 0 * a 4 6 9 a 9
Initiative, referendum and recall
3.07
4.01
2.03
1.02
2.01
1.01
Generally authority ........ ..........................VOODOO ...
Powerof recall .................................................
Investigation by the city council,,,,,,,,,,, @oG&ebEq@4 0040*64 0 Do'
Mayor and mayor pro tem. . I 1 0 0 4 0 1 6 0 1 * * V 0 0 a 4 a W h 4 f 0 4 4 0 0 a 0 1 1 1 1 4 1 0
Municipal court ...................................................
Personnel system..... 4 4 * a off 0 0 DOE ed"Im, 0 V 0 0
Power to grant franchise ........................................
Powerto tax ......................................................
See: TAXATION
5.01
5.08
3.16
3.05
4.02
4.06
9.02
7.02
Prohibitions.......................................................
Regulation of rates ................,..............................
Rightof regulation..............................................d
Sales of municipal services. . 0 0 0 0 0 a 0 9 1 q V 0 0 0 W W 0 *'V 0 0 0 0 0 0 0 0 a 0 1 1 1 1 1 M
Street development and improvements ........................
Streets and public property .....................................
Tortliability, . V a 6 N a 0 0 0 a q 0 a 0 4 d I 1 4 4 0 4 1 0 6 V 6 s * 0 0 * 0 4 6
Zoning............................................................1
3.08
9.09
9.07
9.12
2.05
2.04
2.06
2.07
PROCEEDINGS
Actions where security or bond not required .................. 11.06
Boundaries......................................................... 1.03
Charter review commission....................................4 11.09
City attorney',*,** *60*0404 Irbb#wd Peet see 0. V@*#*Woo &a I'D 100+0 &wooed 4.03
Initiative, referendum and recall
Action on petitions, I.e. delled 0011*94 *as we 6044 spe"I" 004 11 "'em 5.06
Supp. No. 3 CHTi:22
CHARTERINDEX
PROCEEDINGS (Cont'a.)
Initiation of proceedings; petitioners' committee; affidavit
Security or bond
Actions where security or bond not required ...............
PROHIBITIONS
Administration of budget ........................................
Borrowing for capital improvements ...........................
City council
Number, selection, term, and term limitations .............
Prohibitions, . 1 0 0 # 6 0 V 9 a 0 4 0 0 a 0 0 9 4 & 6 a * 6 * I M d 1 9 4 9 1 1 9 0 0 . ............. .
Vacancies, forfeiture, filling of vacancies ....................
Nepotism..........................................................
Nominations and elections; oath of office
Filing for office .................................................
Personnel system .................................................
PROPERTY
Assignment, execution, and garnishment .....................
Destruction of property
Tort liability for death, personal igjuries....................
Personal financial interest.............................1........
PUBLIC RECORDS
Open for inspection ..............................................
PUBLISHING, PRINTING
Authentication and recording, codification, printing .........
Ordinances in general.
Publishing
Accounts of municipally -owned utilities .....................
Annual budget ...............:..................... ....
........
Authentication and recording, codification, printing.......
Charter review commission ...................................
Official newspaper .............................................
Ordinance granting franchise ................................
Ordinances in general.....
PURCHASES
Codes of technical regulations ..................................
General powers ...................................................
General purchasing requirements.,
Ordinances
Authentication and recording, codification, printing.......
Street development and improvements ........................
QUALITY
Standards of service by franchised public utilities
Right of regulation, , ..... 4'. a " * 0 V 0, 0 ......... 0................
See: FRANCHISES
Supp. No. 3 CHTi:23
Section
5.02
11.06
8.07
8.05
3.01
3.08
3.06
11.04
6.02
4.06
11.05
2.06
11.03
11.01
3A4
3.11
9.11
8.03
3.14
11.09
11.02
9.03
3.11
8.05
3.13
2.01
8.08
3.14
2.05
9.07
FRIENDSWOOD CODE
Section
R
RACIAL DISCRIMINATION. See: DISCRIMINATION
RAILROAD COMMISSION
Franchises and public utilities .................................. 9.01 et seq.
Accounts of municipally -owned utilities ..................... 9.11
Regulation of rates, a a 4 * 0 a 0 9 0 4 4 0 a 0 0 a & 4 1 q * 4 a a 0 0 0 & 6 a 6 a 4 1 0 0 4 6 0 9 1 1 1 1 9.09
Right of regulation. I V a a 4 1 q I * 9 0 0 4 0 0*60* .... 9.07
See: FRANCHISES -
READING
Annualbudget......,,,,,,,,,, 4 9 0 a 0 a 0 0 0 6 6 a 6 a 0 W 4 0 0
Initiative, referendum and recall
0 0 4 0 * a a 0 0 a , 9 . . . . .
8.03
Petitions..................................:...........
Meetings of council ...............................................
Ordinance granting franchise ...................................
Ordinances in general ...........................................
sea .......
5.03
3.09
9.03
3.11
REAL AND PERSONAL PROPERTY
Assignment, execution, and garnishment .....................
11.05
RECALL
Initiative, referendum and recall ...............................
See: ELECTIONS
5.01 et seq.
RECORDS
Administration of budget ........................................
Boundaries........................................................
Charter review commission .....................................
City secretary....................................................a
Codes of technical regulations ..................................
Franchise records. a 4 0 # 0 0 * 4 a I I I I me a q 0 0 0 a 4 4 0 0 a a q a V I
Initiative, referendum and recall
1 0 * 0 0 * 6 1 1 1 1 1 1 a 0 a a
8.07
1.03
11.09
4.04
3.13
9.13
Determination of sufficiency.,.,,,,,,,,,, 0604
Nominations and elections; oath of office
woo be so 066 so a " 00
5.04
Canvassing and election results, .
Ordinances
6.04
Authentication and recording, codification,
Publicrecord ......................................................
printing.......
3.14
8.02
Supp. No. 3 CHTi:24
CHARTERINDEX
RECORDS—Cont'a. Section
Public records .......................................... 11.01
Rules of procedure ...................................... 3.10
Submission of charter to voters .......................... 11.10
See: ELECTIONS
RELATIVES
Nepotism, I I I I I I . 1 1
11.04
RELIGIOUS CONCERNS
Discrimination concerns. See: DISCRIMINATION
RESIDING, RESIDENCE
Authentication and recording, codification, printing .......
3.14
City manager, I I I I I I . I I I I I I I 1 4 1 1 1 . I I I . I I I . I I I I I . . I . . I I I 1
4.01
Mayor and mayor pro tern .................0.............
3.05
Nominations and elections; oath of office
Filing for office ........................ I.I.......I....
6.02
Qualifications ......... ..... I., ... ....1..... I.,.........
3.02
Tort liability...............................I.....1..1.1
2.06
RETIREMENT. See: PENSIONS AND RETIREMENT
RIOTS, REVOLTS
Initiative, referendum and recall
General authority. I I I I 1 1 4 1 .... ''I'll, ..... I..qIIIIIIII
5.01
Initiation of proceedings; petitioners' committee; affidavit
5.02
RUNOFF ELECTIONS
Canvassing and election results ..........................
6.04
Nominations and elections; oath of office ................
6.01 et seq.
See: ELECTIONS
C�
SALES
Ordinances in general ................ ................... 3.11
Personal financial interest, I 1 0 1 1 1 1 1 1 1 ... .... q.wof 11.03
Sales of municipal services .............................. 9.12
SEAL
City secretary .......................................... 4.04
General powers ......................................... 2.01
Submission of charter to voters .......................... 11.10
SECRETARY. See: CITY SECRETARY
SERVICES
Standards of service by franchised public utilities
Right of regulation. I I I I I I ... 9.07
See: FRANCHISES
CHTi:25
FRIENDSWOOD CODE
SEXUAL CONSIDERATIONS
Discrimination concerns. See: DISCRIMINATION
Personnel system .......................................
SIGNATURES, SUBSCRIPTIONS
Authentication and recording, codification, printing
Initiative, referendum and recall
Determination of sufficiency,
Petitions .:............................. ..........
....
Nominations and elections; oath of office
Filing for office .......................................
Submission of charter to voters ........................ 0 .
SOLICITING
Personnel system
Prohibited acts .......................................
STANDARDS
Standards of service by franchised public utilities
Right of regulation, . 0 1 1 1 1 1 0 1 1 1 0 4 1 a 0 0 d a a a * 0 0 0 0 a 0 m m # 0 0 0 .
See: FRANCHISES
STOCK
Nominations and elections; oath of office
Filing for office ..............:................ 0 see m .. .
STREETS AND SIDEWALKS
Development and improvements ........................ .
Ordinances in general,
Public property
Streets and public property ...........................a
Right of regulation.,,,, me ***do a a a a 1#00*0 m .
Sidewalk
Right of regulation., . .
Street development and improvements ................ .
Streets and public property ............................
Street
Ordinances in general .................................
Right of regulation, . 0 1 1 0 0 * 0 0 1 * % I * 0 * 0 m 0 4 % V 0 0 a 0 A 0 4 ......
Street development and improvements ................ .
Streets and public property ............................
Tortliability.........................................
Tortliability...........................................
Ways
Street development and improvements ................ .
Streets and public property .................
SUITS, ACTIONS AND OTHER PROCEEDINGS
Actions where security or bond not required ............. .
Authentication and recording, codification, printing
Officials protected from financial loss, I I * 4 1 1 1 1 1 1 1 1 m .
SWEAR, SWORN. See: OATH, AFFIRMATION, SWEAR OR
SWORN
Section
4.06
3.14
6.04
5.03
6.02
11.10
4.06(c)
9.07
2.05
sell
2.04
9.07
9.07
2:05
2.04
3.11
9.07
2.05
2.04
2.06
2.06
2.05.
2.04
cxTi:zs
CHARTERINDEX
Section
T
TAXATION
Annualbudget ....................................................
Arrears of taxes offset to debt against city ....................
Borrowing for capital improvements ...........................
Change of boundaries and annexation of territory ...........
Fiscalyear ........................................................
Initiative, referendum and recall
8.03
7.08
8.05
2.02
8.01
General authority ..............................................
Nominations and elections; oath of office
5.01
Cityelections ...................................................
Filing for office................................................0
Oath of office ...................................................
Ordinances in general ...........................................
Power to tax.....................................................0
Tax administration
6.01
6.02
6.05
3.11
7.02
Arrears of taxes offset to debt against city, M a
Powerto tax ....................................................
7.08
7.02
TECHNICAL REGULATIONS
Codes of technical regulations
Authentication and recording, codification, printing.......
City council proceedings ......................................
3.14
3.13
TESTIMONY
Investigation by the city council ................................
3.16
TEXAS ELECTION CODE %
Elections held in conformance with ............................
Nominations and elections; oath of office.
See: ELECTIONS
6.01
6.03
et seq.
TOLLS
Public service corporations to file annual reports ............
9.10
TRANSFERS
Transfer of franchise .............................................
Franchises and public utilities ...............................
See: FRANCHISES
9.01
9.05
et seq.
T
UTILITIES
Accounts of municipally -owned utilities ....................... 9.11
Annual budget .................................................... 8.03
Borrowing for capital improvements ........................... 8.05
Emergency ordinances........................................"1 3.12
Extensions, . 0 1 1 1 1 1 * # * I I I I I I I I I I I I I I I I 1 0 0 V a 0 0 a a 9 0 0 V * 9.08
Franchises and public utilities,,,, .11 ME 000011M*offid M@o#*#000** ... 9.01 et seq.
Franchise value not to be allowed ........................... 9.06
Records", ,,, I's 9.13
Supp. No. 3 CHTi:27
FRIENDSWOOD CODE
Section
UTILITIES (Contd.)
Granting franchise '
Grant not to be exclusive .....................................
9.04
Ordinance granting franchise
................................
9.03
Power to grant franchise ......................................
9.02
See: FRANCHISES
Powers of the city ................................................
9.01
Purchasing...............out ...................................:..
8.08
Rates
Regulation of rates.....
* a a a 1
9.09
Right of regulation .........................:................
9*07
Transfer of franchise ....................................:.......
0
9.05
11
VACATING
Streets and public property .....................................
Vacancies in office
2.04
City council
Vacancies, forfeiture, filling of vacancies .................
3.06
TO
Mayor and mayor pro tem... . . . . . . . . .
3.05
VITAL STATISTICS
Public records .....................................................
11.01
VOTE, VOTING. See also: ELECTIONS
Amending the Charter ...........................................
Annual budget...........,",,, wood .....:.
Charter review commission....................................1
Citymanager .....................................................
Emergency ordinances ...........................................
Filing for office, public disclosure. a 0 0 0 0 a a 0 0 0 1 4 1 1 1 0 1 4 0 u 0 0 4 4 0 a 0 0 6
Nominations and elections; oath of office ...................
Initiative, referendum and recall
11.08
8.03
11.09
4.01
3.12
6.02
6.01 et seq.
General authority.......,,,',, ",*a out 00*00,11, .....
Mayor and mayor pro tem.................................a.....
Nominations and elections
5.01
3.05
Canvassing and election results, a * 4 a 6 a I I q I 1 0 0 0 0 4 # a u a a a a *
City elections ...................................................
Filing for office ................................................&
Personnel system
6.04
6.01
6.02
Prohibited acts .................................................
Rules of procedure, 1019 out ....... *also**
Submission of charter to voters .................................
4.06(c)
3.10
11.10
W
WATER
Sales of municipal services........................1............. 9.12
Supp. No. 3 CHTi:28
CHARTERINDEX
Section
WRITS, WARRANTS AND OTHER PROCESSES
Property assignment, execution, and garnishment........... 11.05
Subpoena
Investigation by the city council ............................. 3.16
Witnesses
Investigation by the city council ............................. 3.16
Tort liability .................................................... 2.06
VI
ZONING
Change of boundaries and annexation of territory ........... 2,02
Powersof city ................................. I I 1 0 1 1 1 0 2.07
Supp. No. 3 CHTi:29
CHARTERPAMPHLET
SUPPLEMENT NO, 3
February 1998
This Supplement
Ordinances, Frien
main volumes
CHARTER
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FRIENDSWOOD, TERAS
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ie a reprint
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