HomeMy WebLinkAbout2012 11 05 Charterx�IHIAIK It hIK
, TEXAS
This pamphlet is a reprint of the Charter of the Code of Ordinances of the
City of Friendswood, Texas, published by order of the City Council, 2007.
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Preamble
Article I. Incorporation, Form of Government and Boundaries
Sec.
1.00.
Glossary of Terms.
Sec.
1.01.
Incorporation.
Sec.
1.02.
Form of government.
Sec.
1.03.
Boundaries.
Sec.
1.04.
Reserved,
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. Limitation of Liability for damages.
Sec. 2.07. Zoning,
Article III. 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 the City 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.
*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.
Supp. No. 7 CHT:1
FRIENDSWOOD CITY CODE
Sec. 3.17. Officers and Employees protected from financial loss.
Article 1V 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.
Scc.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.
5.13.
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.
Article VII. Taa Administration
Sec.7.01.
Reserved.
Sec.
7.02.
Power to tax.
Sec.
7.03.
Reserved.
Sec.
7.04.
Reserved.
Secs. 7.05-7.07.
Reserved.
Sec.
7.08.
Arrears of taxes offset to debt against City.
Sec.
7.09.
Reserved.
Sec.
7.10.
Reserved.
Article VIII. Financial Administration
Sec.
8.01.
Fiscal
year.
Sec.
8.02.
Public
record.
Supp. No. 7 CHT:2
� CHARTER
I }
Sec. 8.03. Annual budget.
Sec. 8.04. Amendments after adoption.
Sec. 8.05. Borrowing for capital improvements.
Sec. 8.06. Lapse of appropriations.
Sec. 8.07. Administration of budget.
Sec. 8.08. Purchasing,
Article 1X. Franchises and Public Utilities
Sec.
9.01.
Powers of the City.
Sec.
9.02.
Power to grant franchise.
Sec.
9.03.
Ordinance granting franchise.
Sec.
9.04.
Grant not to be exclusive.
Sec.
9.05.
Transfer of franchise.
Sec.
9.06.
Franchise value not to be allowed.
Sec.
9.07.
Right of regulation.
Sec.
9.08.
Extensions.
Sec.
9.09.
Regulation of rates.
Sec.
9.10.
Public service corporations to file annual reports.
Sec.
9.11.
Accounts of municipally owned utilities.
Sec.
9.12.
Sales of municipal services.
Sec.
9.13.
Franchise records.
Article X. Reserved
Secs. 10.01-10.05. Reserved.
Article XI. General Provisions
Sec.
11.01.
Public records.
Sec.
11.02.
City 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. 7 CHT.3
CHARTER § 1.02
Good government can only be defined as that which iSW 01J 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. 1.00. Glossary of Terms.
For the purposes of this Charter, the following words or terms shall have the meanings
ascribed thereto, except when the context clearly indicates otherwise:
City shall mean the City of Friendswood, Texas, a home rule municipal corporation located
in Galveston and Harris Counties, Texas.
City Council shall mean the governing body of the City, which includes the Mayor and each
individual Councilmember. When used in this Charter, the term "Council" shall also mean the
City Council.
City Manager shall mean the person appointed by the City Council pursuant to this Charter
as the City Manager. When used in this Charter, the term "Manager" shall also mean the City
Manager.
Department Head shall mean the individual appointed by the City Manager or City Council,
as appropriate, as the Director for a particular Department of the City. The term "Director," as
used in this Charter, is synonymous with the term Department Head.
Officer shall mean an individual holding an appointive or elective City Office who,
individually or in concert with others, acts on behalf of and as an agent of the City, and whose
duties are discretionary rather than advisory. Boards and commissions exercising discretion-
ary authority shall be designated as such by City Council.
(Res. No. R2007-09, § 1, 3-5-2007, election 5-12-2007; Res. No. 2012-12, § 4, 5-21-2012, election
5-12-2012)
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
continue 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 be known as the "Council -
Manager Government "Pursuant to its provisions and subject only to the limitations imposed
Supp. No. 7 CHZ`5
§ 1.02 FRIENDSWOOD CITY CODE
by the State constitution, the statutes of this State, and this Charter, all powers of the City
shall be vested in an elective Council, hereinafter referred to as the "City Council." The City
Council shall enact local legislation, adopt budgets, determine policies and appoint the City
Manager, who in turn shall be held responsible to the City Council for the execution of the laws
and the administration of the government of the City. All powers of the City shall be exercised
in the manner prescribed by this Charter, or if the manner be not prescribed, then in such
manner as may be prescribed by ordinance, the State Constitution or the statutes of the State.
(Res. No. R88-15, § 3, 5-9-1988; Res. No. R2007-09, § 1, 3-5-2007, election 5-12-2007)
State constitution reference —Home rule, Tex. Const. art. 11, § 5.
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
proceedings of the said City of Friendswood, Texas, filed of record on November 14, 1960, in the
Office of the Clerk of the County Court of Galveston County, Texas, and those boundaries
established and changed thereafter in all annexation ordinances and proceedings of the City
of Friendswood, Texas.
State law reference —Map of the City must be filed in the City Secretary's Office, V.T.C.A.,
Local Government Code § 41.0016
Sec. 1.04. Reserved.
Editor's note —Res. No. 2012-12, § 4, adopted May 21, 2012, deleted the former § 1.04,
entitled "Glossary of Terms", and enacted and renumbered new provisions set out as
herein.
ARTICLE II. POWERS OF THE CITY*
Sec. 2.01. General powers.
Except as otherwise specifically provided in this Charter, the City shall have all powers
possible for a home rule City to have under the Constitution and laws of the State of Texas as
fully and completely as though they were expressly enumerated in this Charter.
(Res. No. R2007-09, § 1, 3-5-2007, election 5-12-2007)
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
*State law reference —Home rule powers, V.T.C.A., Local Government Code § 51.071 et
seq.
supp. No. 7 CHT:6
CHARTER § 2.03
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, W..T.C.A., Local Government Code §§ 42.001 at seq., 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. 113-82, § 1, 3-1-1982)
State law reference —Annexation, WC.A., Local Government Code § 43.001 et seq.
Sec. 2.03. Eminent domain.
(a) General power. Except as limited by subsections (b) and (c) below, 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 City Council 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.
(b) Notwithstanding subsection (a) above or any other provision of this Charter to the
contrary neither the City, nor any subdivision of or entity created by the City, shall be
authorized to use the power of eminent domain for the purpose of taking private property to
be used for economic development purposes without the consent of the owner of such private
property. Provided further, private property acquired through eminent domain without the
consent of the owner shall not be (1) dedicated, sold, leased in substantial part, or otherwise
transferred to a private person, partnership, corporation, or any other entity for a period of ten
(10) years following the acquisition of the property by the City, except that property may be
transferred or leased (a) to private entities that are public utilities or common carriers and (b)
to private entities that occupy an incidental area in a public project, or (2) used for any purpose
other than as a public use facility. For the purposes of this subsection, a "public use facility"
shall mean a facility designed, constructed and maintained to serve members of the general
public including, but not limited to, public streets, drainage ways, utilities, parks, libraries,
public safety buildings for police and fire protection, City Halls, and other similar public uses.
Supp. No. 7 CHT:7
§ 2.03 FRIENDSWOOD CITY CODE
(c) For the purposes of this subsection, the term "economic development" shall mean any
activity designed to increase tax revenue, tax base, employment, or general economic health,
but does not include activities that result in (1) the transfer of land to public ownership for
public purposes, such as for roads, hospitals, or water or sanitary sewer facilities or, (2) the
transfer of land to a private entity that is a common carrier or public utility.
(Ord. No. 214, § 1, 3-4-1974, election 4-6-1974; Res. No. R97-6, § 1, 2-17-1997, election
5-3-1997; Res. No. R2007-09, § 1, 3-5-2007, election 5-12-2007)
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 ways within the
corporate limits of the City, and in, upon, over, and under all public property of the City. With
respect to each and every public street, sidewalk, alley, highway, public square, public park or
other public way within the corporate limits of the City, the City shall have the power to
establish, maintain, improve, alter, abandon, or vacate the same; to regulate the use thereof
including but not limited to the right to erect traffic signals, lights and signs thereon; and to
abate and remove in a summary manner any encroachment thereon. The conveyance or lease
or authorization of the conveyance or lease of any lands of the City shall be by ordinance.
Sec. 2.06. 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
fiRing, grading, raising, lowering, paving, repaving, and repairing, in a permanent manner,
the same; and by constructing, reconstructing, altering, repairing, and realigning curbs,
gutters, drains, sidewalks, culverts, and other appurtenances and incidentals in connection
with such development and improvement authorized 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 V.T.C.A., Transportation Code,
§ 313.001 et seq.
(Ord. No. 214, § 1, 3-4-1974, election 4-6-1974; Res. No. R97-6, § 11 2-17-1997, election
5-3-1997; Ord. No. 2012-29, § 1(exh. A), 11-5-2012)
State law references —Use of streets
§ 311.001 et seq.; street improvements
§
and
rights -of --way,
V.T.C.A„
Transportation
Code,
and
assessments,
V.T.C.A.,
Transportation
Code,
Supp. Na. 7 CIIT:S
CHARTER
Sec. 2.06. Limitation of Liability for damages.
§ 3.01
In order to provide the City with the opportunity to investigate an alleged claim while facts
are fresh and conditions remain substantially the same, enabling the City to guard against
unfounded claims, to settle claims, and to prepare for trial; before the City shall be liable for
damages for personal injuries of any kind, or for injuries to or destruction of property of any
kind, the person injured, or the owner of the property injured or destroyed, if living, or his/her
representatives, if deceased, or his/her agent or attorney, shall give the City Manager notice in
writing of such injury or destruction, duly verified under oath, within 100 days after the same
has been sustained, (absent claimant providing a proper showing of why such notice could not
be provided within such time), stating in such written notice in detail when and how the injury
or destruction occurred, the City's alleged or possible fault producing or contributing to the
injury, the apparent extent of damage thereof, the amount of all damage sustained, the amount
for which claimant will settle, the actual residence of the claimant, the actual residence of such
claimant for 6 months immediately preceding the occurrence of such injuries or destruction,
and the names and addresses of all the witnesses upon whom he/she relies to establish the
claim. No action shall be brought against the City for such claims prior to the expiration of 80
days after the notice hereinbefore described has been filed with the City Manager, absent a
showing of good cause for the failure to provide timely notice as provided herein. The failure
to notify the City Manager within the time and manner specified herein, (which time for notice
shall in no event ever exceed six (6) months from the date of the alleged incident), shall
exonerate, excuse and exempt the City from any liability whatsoever unless otherwise
provided by law.
(Res. No. R97-6, § 1, 2-17-1997, election 5-3-1997; Res. No. 2012-12, § 4, 5-21-2012, election
5-12-2012)
State law reference—lbrt liability, V.T.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 V.T.C.A., Local Government Code § 211.001 et
seq., and all amendments thereto and amendments which may hereafter be made thereto.
(Ord. No. 2012-29, § 1(exh. A), 11-5-2012)
State law reference —Zoning, V.TC.A., Local Government Code § 211.001 et seq.
ARTICLE III. CITY COUNCIL*
Sec. 3.01. Number, selection, term, and term limitations.
The City Council shall be comprised of a Mayor and six Councilmembers. The Mayor and
each Councilmember shall be elected from the City at large, and each shall occupy a position
on the City Council. Councilmember positions shall be numbered 1 through 6 consecutively.
*State law reference —Form of government, VT.C.A., Local Government Code § 26.001 et
seq.
Supp. No. 7 CHT:9
§ 3.01 FRIENDSWOOD CITY CODE
The Mayor and each Councilmember shall be elected to serve for three-year terms as
provided below, but no person shall be elected to serve in the capacity of Mayor or
Councilmember for more than four three-year terms.
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. R88-15, § 3, 5-9-1988; Res. No. R92-19, § 32 3-24-1992, election 5-2-1992; Res. No.
R97-6, § 1, 2-17-1997, election 5-3-1997; Res. No. R2007-09, § 12 3-5-2007, election 5-12-2007)
Sec. 3.02. Qualifications.
In addition to any other qualifications prescribed by law, the Mayor and each Councilmember
shall meet the conditions of subsections 6.02(a), items (1), (2), and (3) while in office, and shall
reside within the City while in office.
(Res. No. R88-15, § 3, 5-9-1988)
Editor's note —Subsection 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 3-24-1992,
election 5-2-1992.
State law reference —Qualifications, V.T.C.A., Election Code § 141.001 et seq.
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 Tem.
The Mayor shall be the official head of the City government. He/she shall be the chair and
shall preside at all meetings of City Council, shall have an equal vote with each Councilmember
on every proposition before the City Council, but shall have no power of veto. The Mayor shall
see that all resolutions of the City Council are faithfully obeyed and enforced. He/she shall,
Supp. No. 7 CHT:10
CHARTER § 3.07
I )
when authorized by the City 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/she deems advisable and/or as instructed by City Council.
He/she shall perform such other duties consistent with this Charter or as may be authorized
or directed by City Council.
The Mayor Pro Tem shall be a Councilmember elected by the City Council at the next
regular City Council meeting following the canvassing of returns and declaring of results of
each regular City election or as soon thereafter as practical. The Mayor Pro Tom 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, 3-4-1974, election 4-6-1974; Res. No. R3-82, § 1, 3-1-1982; Res. No. R88-15,
§ 3, 5-9-1988; Res. No. R2007-09, § 1, 3-5-2007, election 5-12-2007; Res. No. 2012-12, § 4,
5-21-2012, election 5-12-2012)
Sec. 3.06. Vacancies, forfeiture, Slling 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 hisVher] 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) Filling vacancies: When a vacancy shall develop, the Council shall provide for the filling
of such vacancy in the manner provided by law.
(Ord. No. 214, § 1, 3-4-1974, election 4-6-1974; Res. No. R88-15, § 3, 5-9-1988; Res. No.
12002-10, § 71 2-18-2002, election 5-4-2002)
State law references —Election dates, V.T.C.A., Election Code § 41.001 et seq.; Vacancy,
V.T.C.A. Election Code § 201.001 et seq.
Sec. 5.07. 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.
i
Supp. No. 7 CHT:11
§ 3.08 FRIENDSV OD CITY CODE
Sec. 3.08. Prohibitions.
(a) Holding other office: Except where authorized by law, no Mayor or Councilmember shall
hold any other City Office or City 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/her term as Mayor or Councilmember.
(b) Appointments and removals: Neither the Council Wor any of its members shall in any
manner dictate the appointment or removal of any City Administrative officers or employees
whom the City Manager or any of his/her subordinates are empowered to appoint, but the
Council may express its views and fully and freely discuss with the City Manager anything
pertaining to appointment and removal of such officers and employees.
(c) Interference with administration: Except for the purpose of inquiries or investigations
conducted under Section 3.16 of this Charter, neither the City Council nor any of its individual
members shall direct any City Officer or employee who is subject to the direction and
supervision of the City Manager except through the City Manager. Neither the City Council
nor its members shall give orders to any such officer or employee, either publicly or privately.
(Res. No. R88-15, § 3, 5-9-1988; Res. No. R2007-09, § 1, 3-5-2007, election 5-12-2007)
Sec. 3.09. Meetings of the City Council.
The City Council shall hold at least one regular meeting each month. Except during
declared emergencies, all regular meetings of the City Council shall be held within the
corporate limits of the City. The City Council shall establish the days and times of its regular
meetings. The City Council may hold special meetings as it deems necessary and appropriate,
which may be called by the Mayor or by four members of the City Council. In no event shall
any meeting of the City Council, regular or special, be held in any facility or at any location
which is not readily accessible to the general public.
(Res. No. 116-80, § 3, 4-7-1980; Res. No. R88-15, § 3, 5-9-1988; Res. No. R97-6, § 1, 2-17-1997,
election 5-3-1997; Res. No. R2002-10, § 7, 2-18-2002, election 5-4-2002; Res. No. R2007-09, § 1,
3-5-2007, election 5-12-2007; Res. No. 2012-12, § 4, 5-21-2012, election 5-12-2012)
State law reference —Open meetings, V.T.C.A., Government Code § 551.001 et seq.
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, including but not limited to, those matters 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
members of the Council shall constitute a quorum for the transaction of business and no action
of the Council, except as provided in Section 3.06 above, shall be valid or binding unless
Supp. No. 7 CHT:12
' CHARTER
adopted by the affirmative vote of four or more members of the Council. The Mayor and each
Councilmember shall be entitled to an equal vote on all matters before the City Council. (See
Section 3.01.)
(Res. No. 116-80, § 3, 4-7-1980; Res. No. R88-15, § 3, 5-9-1988; Res. No. R2002-14, § 12 3-4-2002,
election 5-4-2002; Res. No. R2007-09, § 1, 3-5-2007, election 5-12-2007; Res. No. 2012-12, § 4,
5-21-2012, election 5-12-2012)
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
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 member of Council may offer any ordinance on the agenda for
consideration. A majority of Council must be obtained before forwarding to the City Attorney
for approval as to form. Copies of the proposed ordinance, in the form required for adoption,
shall be furnished to members of Council at least 72 hours before first reading. Copies of the
proposed ordinance, in the form required for adoption, shall be posted at the City Hall and at
least one other public place as shall be designated by ordinance and shall be furnished to
citizens, upon request to the City Secretary, beginning 72 hours before first reading and, if
amended, shall be posted and furnished in the amended form beginning 72 hours prior to the
next reading and for as long as the proposed ordinance is before Council. If an amendment is
made to the proposed ordinance at the time designated for final reading, the final reading shall
be postponed until the next regular Council meeting.
The 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 one week
elapsing between readings. However, the requirement of reading an ordinance at two regular
Council meetings with at least one week elapsing between readings shall not apply to
ordinances 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
Supp. No. 7 CHT:13
§ 3.11 FRIENDSWOOD CITY CODE
emergency 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) Effectioe date: Every ordinance shall become effective upon adoption, or at any later time
specified in the ordinance, except that if an ordinance provides a penalty, fine or forfeiture for
violation, no person shall be liable for any such penalty, fine or forfeiture until the caption and
the offense and penalty clauses of the ordinance have been published in the official City
Newspaper as required by law.
(d) Reading: The reading aloud of the title of the ordinance shall since as a reading,
provided copies of the ordinance, in the form required for adoption, are in front of all members
oI 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, 3-4-1974, election 4-6-1974; Res. No. R6-80, § 3, 4-7-1980; Res. No. 113-82,
§ 1, 3-1-1982; Res. No. R88-15, § 3, 5-9-1988; Res. No. R92-19, § 3, 3-24-1992, election 5-2-1992;
Res. No. R2002-10, § 7, 2-18-2002, election 5-4-2002; Res. No. 2012-12, § 4, 5-21-2012, election
5-12-2012)
Charter reference —Ordinance granting franchise, § 9.03.
Sec. 3.12. Emergency ordinances.
To meet emergencies the Council may adopt emergency 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
affirmative vote of five members elected to Council shall be required for adoption.
(Res. No. R92-19, § 3, 3-24-1992, election 5-2-1992)
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 ordinance
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
ordinance shall be authenticated and recorded by the City Secretary pursuant to
subsection 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.
Supp. No. 7 CAT.14
CHARTER § 3.15
}
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
consecutively in the order in which adopted. This record shall be open for public inspection.
(b) Codification: Within one year after adoption of this Charter and at least every ten years
thereafter, the Council shall provide for the preparation of a general codification of all general
ordinances of the City. Every general ordinance enacted subsequent to such codification shall
be enacted as an amendment to the Code. For the purposes of this section, general ordinances
shall be deemed to be those ordinances of a permanent or continuing nature which affect the
residents of the City at large. The codification shall be adopted by the Council by ordinance and
shall be published promptly in bound or looseleaf form, together with this Charter and any
amendments thereto, pertinent provisions of the constitution and other laws of the State of
Texas, and such codes of technical regulations and other rules and regulations as the Council
may specify. This compilation shall be known and cited officially as the Friendswood City Code
and shall be in full force and effect without the necessity of such Code or any part thereof being
published in any newspaper. The caption, descriptive clause, and other formal parts of the
ordinances 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 Officers, placed in
libraries and public offices for free reference and made available for purchase by the public at
a reasonable price fixed by the Council.
(c) Printing of ordinances and resolutions: The Council shall cause each ordinance and each
amendment to this Charter to be printed promptly following its adoption, and the printed
ordinances and Charter amendments shall be distributed or sold to the public at reasonable
prices to be fixed by the Council. Following publication of the first Friendswood City Code and
at all times thereafter, the ordinances and Charter amendments shall be printed in substan-
tially the same style as the Code currently in effect and shall be suitable in form for integration
therein. The Council shall make such further arrangements as it deems desirable with respect
to reproduction and distribution of any current changes in or additions to the provisions of the
constitution and other laws of the State of Texas, or the codes of technical regulations and
other rules and regulations included in the Code.
(d) The City Council may, without approval of the voters, adopt an ordinance that corrects
errors in spelling, cross-references, punctuation, non -substantive revisions/reorganizations or
numbering of articles or sections in the Charter. A revision ordinance adopted under this
section is not intended to and shall not be interpreted as authorizing any substantive change,
in any Charter provision.
(Res. No. R88-15, § 3, 5-9-1988; Res. No. 2012-12, § 4, 5-21-2012, election 5-12-2012)
Sec. 3.16. Bonds for City Employees.
The Council shall require bonds of all municipal officers and employees who receive or pay
out any monies of the City. The amount of such bonds shall be determined by the Council and
the cost thereof shall be borne by the City.
Supp. No. 7 CHT:15
§ 3.16 FRIENDSWOOD CITY CODE
Sec. 3.16. Investigation by the City Council,
The Council may in investigations into the affairs of the City and the conduct of any City
Department, Division, or Office and for this purpose may subpoena witnesses, administer
oaths, take testimony and require the production of evidence. Any person who fails or refuses
to obey a lawful order issued in the exercise of these powers by the Council shall be guilty of
a misdemeanor and subject to a fine which shall have been set, by ordinance, by the Council,
Sec. 3.17. Officers and Employees protected from financial loss.
Duly elected and appointed officers, employees and volunteers of the City shall be protected
by the City from actual damages awarded against any such officer, employee or volunteer if the
damages result from an act or omission committed while in the course and scope of their office,
employment or service, and they arise from a cause of action for negligence. The City shall not
pay for damages that result from willful or wrongful acts or omissions or from acts or omissions
constituting gross negligence.
(Ord. No. 214, § 1, 3-4-1974, election 4-6-1974; Res. No. R2002-10, § 7, 2-18-2002, election
5-4-2002; Res. No. R2007-09, § 1, 3-5-2007, election 5-12-2007)
ARTICLE IV ADMII�lISTR.ATIVE SERVICES
Sec. 4.01. City Manager.
(a) Appointnzezzt ¢zzd qu¢lifications: The Council by supermajority vote of the 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 ensures 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, the City Council
may determine and impose a residency requirement as a condition of employment. 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 its
discretion.
(c) nz•m and z•enxoo¢l: 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 supermajority 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.
Supp. No. 7 CHT:16
CHARTER § 4.02
I }'
(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/her 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/her absence. In the event of longterm 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. R6-80, § 3, 4-7-1980; Res. No. R88-15, § 3, 5-9-1988; R2009-06, § 1,1-12-2009, election
R2009-283 § 4, 5-9-2009; Res. No. 2012-12, § 4, 5-21-2012, election 5-12-2012)
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.
(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 necessazy 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, 5-9-1988; Res. No. R92-19, § 3, 3-24-1992, election 5-2-1992)
State law references —Municipal Courts, V.T.C.A., Government Code § 29.001 et seq.;
} rules of procedure, etc., V.T.C.A., Code of Criminal Procedure Art. 45.001 et seq.
i
Sapp. No. 7 CHT:17
§ 4.03 FRIENDSWOOD CITY CODE
Sec. 4.Oa. 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/her 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 instru-
ments 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, 5-9-1988)
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 [it] to all instruments requiring such
seal.
(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.
2-17-1997, election 5-3-1997)
State law reference —Records management act, V.T.C.A., local Government Code § 201.001
et seq.
Sec. 4.05. Administrative Departments.
There shall be such Administrative Departments as are established by this Charter and
may be established by ordinanceexcepting as otherwise provided in this Charter, these
Administrative Departments shall be under the direction of the City Manager.
Supp. No. 7 CHT.18
CHARTER § 4.06
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 recommen-
dations 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. R88-15, § 3, 5-9-1988)
Sec. 4.00. 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 seroice: 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
j, the City shall be included therein unless specifically excluded therefrom by the ordinance
providing for a system of classified services.
(c) Prohibited acts:
(1) Discrimination. 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 or military status, gender, political or religious opinion, or
affiliation, or membership or non -membership in employee organizations.
(2) Campaign Contributions by Salaried Officers or Employees. Except to the extent
authorized by State or Federal law in conflict therewith, no salaried officer or employee
of the City shall make a contribution to the campaign fund of any person holding or
seeking election to a City Office, nor shall he/she be solicited for this purpose, but
his/her right to express an opinion or to cast a vote as a citizen shall not be limited.
Provided further, no person holding or seeking election to a City Office shall accept a
contribution to such person's campaign fund from any salaried officer or employee of
the City.
(3) Paid Appointments. No person seeking appointment to or promotion in the adminis-
trative 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/her appointment or promotion, or any examination conducted
therefor.
S�q>p. No. 7 CHT:19
§ 4.06 FRIENDSWOOD CITY CODE
(4) S¢nctions. Any person who shall individually or in concert with others knowingly or
recklessly violate any provision of this subsection shall be deemed ineligible to hold
any appointive or elective office or employment with the City for a period of four years
following final determination of such violation. Upon the final determination of any
such violation, the applicable officer or employee shall be immediately removed from
the office or position then held. For the purposes of this subsection, a person acts
"knowingly" when, with respect to the nature of his/her conduct, he/she is aware that
his/her conduct is reasonably certain to cause the result. A person acts "recklessly" if
he/she consciously disregards a substantial or unjustifiable risk that circumstances
exist or will occur, and the risk is of such nature and degree that a person of ordinary
prudence and sensibilities under the circumstances would have recognized it.
(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) Perswzzzel 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. R88-15, § 3, 5-9-1988; Res. No. 1197-6, § 1, 2-17-1997, election 5-3-1997; Res. No.
R2007-0% § 1, 3-5-2007, election 5-12-2007)
ARTICLE V. DYITIATIVE, REFERENDUM AND RECALL
Sec. 6.01. 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.
Supp. No. 7 CHT:20
CHARTER § 5.03
I y
Sec. 5.02. Initiation of proceedings; petitioners' committee; affidavit.
Any five qualified voters may begin initiative or referendum proceedings by filing with the
City Secretary an affidavit stating they constitute the petitioners' committee and will be
responsible for 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. 5.03. Petitions.
(a) Number of signatures: Initiative and referendum petitions must be signed by currently
qualified voters of the City equal in number to at as 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. For a petition signature to be valid, the petition
must contain, in addition to the signature, the signer's printed name, date of birth, voter
registration number, county of registration, residence address, and date of 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[/she] personally circulated the
paper, the number of signatures thereon, that all the signatures were affixed in his/her
presence, that he[/she] 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.
Supp. No. 7 CHT:21
§ 5.03 FRIENDSWOOD CITY CODE
(d) Time 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 subsection 5.04(e) shall be allowed for amending
petitions.
(Res. No. R2002-10, § 7, 2-18-2002, election 5-4-2002)
Sec. 6.04. Determination of sufficiency.
(a) Certificate of City Secretary: Within ten days afier the petition is filed, the City
Secrets y 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
petitionerscommittee does not file notice of intention to amend it as in subsection 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
number of valid signatures may be amended once if the petitioners' committee files a notice of
iMention to amend it with the City Secretary within two working days after receiving the copy
of his/her 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 subsections 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
subsections 5.04(b), (c), and (d), except that no petition, once amended, may be amended
again.
Supp. No. 7 CHT:22
CHARTER § 5.07
I
(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, 2-17-1997, election 5-3-1997)
Sec. 6.06. 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. R6-80, adopted April 7,
1980, declaring
the results of an election
held April 5, 1980,
Sec. 5.06. Action on petitions.
(a) Action by Council: Council shall promptly consider the proposed initiative ordinance in
the manner prescribed for enacting ordinances or reconsider the referred ordinance by voting
its repeal. Within 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 subsection (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. 113-82, § 1, 3-1-1982; Res. No. R97-6, § 1, 2-17-1997, election 5-3-1997)
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.
Supp. No. 7 CHT:23
§ 5.07 FRIENDSWOOD CITY CODE
(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. 5.OS. Power of recall.
The qualified voters shall have the power to recall any elected official of the City on grounds
of incompetency, noncompliance with this Charter, misconduct or malfeasance in office. Such
power shall be exercised by filing with the City Secretary a petition, signed by currently
qualified voters of the City equal in number to at least ten percent of the total number of
qualified voters registered to vote at the last regular City Election, demanding the removal of
such elected official. The petition shall be signed and verified in the manner required for an
initiative petition.
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 [shall] 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, 6-9-1988)
Sec. 6.11. Limitation on recall.
No recall petition shall be filed against an elected official within six (6) months of the
beginning or the end of the term for which such official was elected, and no elected official shall
be subjected to more than one recall election during a term of office.
(Res. No. R88-15, § 3, 5-9-1988; Res. No. R2007-09, § 1, 3-5-2007, election 5-12-2007)
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
Supp. No. 7 CHT:24
CHARTER § 6.02
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, § 1, 3-1-1982)
Sec. 5.13. Failure of Council to call an election on recall.
In case all of the requirements of this Charter shall have been met and the Council shall fail
or refuse to receive the recall petition, or order such recall election, or discharge other duties
imposed upon said Council by the provisions of this Charter with reference to such recall, then
the County Judge of Galveston County, Texas, shall discharge any such duties herein provided
to be discharged by the City Secretary or by the Council. In addition, any qualified voter in the
City may seek judicial relief in the District Court of Galveston County, Texas, to have any of
the provisions of this Charter pertaining to recall carried out by the proper official.
ARTICLE VI. NOMINATIONS AND ELECTIONS; OATH OF OFFICE*
Sec. 6.01. City elections.
General City Elections shall be held annually on the May uniform election date as set forth
in the Texas Election Code. The City Council shall specify the places for holding such elections.
All City Elections shall be held and conducted in accordance with all State and Federal Laws
applicable thereto.
(Res. No. R88-15, § 3, 5-9-1988; Res. No. R2002-10, § 7, 2-18-2002, election 5-4-2002; Res. No.
R2007-091 § 12 3-5-2007, election 5-12-2007)
State law reference —Uniform election dates, V.T.C.A., Election Code § 41.001,
Sec. 6.02. Filing for Office.
(a) Eligibility to file: Each candidate for an elective City Office shall meet the following
qualifications:
(1) Shall be a qualified voter of the City.
(2) Shall have resided for at least twelve (12) months preceding the election within the
corporate limits of the City, including territory annexed prior to the filing deadline.
(3) Shall be at least 21 years of age.
(4) Shall meet the requirements for sponsors stipulated in subsection 6.02(b) below.
(5) If an incumbent seeks a different elected office or elected position of the City other than
that which he/she then holds, he/she shall submit a letter of resignation to the City
Council at least sixty (60) days prior to the date of election for such desired office or
position. Unless otherwise prohibited by operation of law or this Charter, such
*State law reference —Elections, V.T.C.A., Election Code § 1.001 et seq.
Supp. No. 7 GHT:25
§ 6.02 FRIENDSWOOD CITY CODE
incumbent shall hold over in the office or position subject to resignation until his/her
successor qualifies therefor, or until such incumbent qualifies for the different office or
position sought, whichever first occurs.
(6) No candidate may file for more than one office or position number per election.
(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 ozzd schedule for filizzg: Any qualified voter of the City maybe nominated for
an elective office by petition of not less than the greater of 25 registered voters or one-half of
one percent (.5%) of the total vote received in the City for the office of Mayor in the most recent
Mayoral General Election. No voter shall sign more than one petition for a particular office or
position number; if a voter signs more than one, his/her signature shall be void except as to the
first filed of the petitions signed by him/her. The signatures shall be executed in ink or indelible
pencil. Each signer shall indicate next to his/her signature the date of his/her signing and the
place of his/her 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/her or her spouse and dependent minor
children:
(I) 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 $50,00 received from companies or
individuals under contract with the City during the 12 months prior to filing for public
office.
s��pp. No. � CHT.26
CHARTER § 6.04
(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, 3-4-1974, election 4-6-1974; Res. No. 113-82, § 1, 3-1-1982; Res. No. R88-15,
§ 3, 5-9-1988; Res. No. R92-19, § 3, 3-24-1992, election 5-2-1992; Res. No. R97-6, § 1, 2-17-1997,
election 5-3-1997; Res. No. R2002-10, § 7, 2-18-2002, election 5-4-2002; Res. No. R2007-09, § 1,
3-5-2007, election 5-12-2007; Res. No. 2012-12, § 4, 5-21-2012, election 5-12-2012)
Editor's note -Subsection 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 3-24-1992,
election 5-2-1992.
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, § 3, 5-9-1988)
State law reference -Ballots, VT.C.A., Election Code § 52.001 et seq.
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: A majority vote for an elective office is that number of votes which is a majority
of the total number ofvalid 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 office: It shall be the duty of the City Secretary to notify all
persons elected. A candidate who is elected in the regular City Election or Special Election
shall take office and enter upon his/her duties after qualifying by taking and subscribing to
his/her oath of office at the next regular Council meeting after closing of the polls.
(Res. No. R88-15, § 3, 5-9-1988; Res. No. R97-6, § 1, 2-17-1997, election 5-3-1997)
State law reference -Canvass of votes, V.T.C.A., Election Code § 65.001 et seq.
Supp. No. 7 CHT:27
§ 6.05 FRIENDSWOOD CITY CODE
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, 3-24-1992, election 5-2-1992)
State law reference —Oath of office, Tex. Const. art. 16, § 1.
ARTICLE VII. TAX ADMINISTRATION*
Sec. 7.01. Reserved.
Editor's note�ection 7,01 regarding the Department of Taxation, was repealed by Res.
No. R92-19, § 3, adopted 3-24-1992, election 5-2-1992,
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.
See. 7.03. Reserved.
Editor's note —Former §§ 7.03, 7.05-7.07, 7.09, and 7.10, which concerned procedures for
tax assessment and collection and derived from the 1971 Charter, were repealed by Res. No.
R88-15, § 3, adopted May 9, 1988,
Sec. 7.04. Reserved.
Editor's note —Section 7.04 regarding the Board of Equalization, has been repealed by
Res. No. R92-19, § 3, adopted 3-24-1992, election 5-2-1992.
Secs. 7.06-7.07. Reserved.
Note�See the editor's note to Section 7.03 of this Charter.
Sec. 7.08. Arrears of taxes offset to debt against City.
The City shall be entitled to counterclaim and offset against any debt, claim, demand or
account owed by the City to any person, firm or corporation who is in arrears to the City for
taxes, in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim,
demand or account after the said taxes are due, shall affect the right of the City to so offset the
said taxes against the same.
*State law reference —Taxation, V.TC.A., Tax Code § 1.01 et seq,
,No.
7 CHT:28
CHARTER
Sec. 7.09, Reserved.
Note —See the editor's no to Section 7.03 of this Charter.
Sec. 7.10. Reserved.
Note —See the editor's note to Section 7.03 of this Charter.
ARTICLE VIII. FINANCIAL ADMINISTRATION*
Sec. S.Ol. Fiscal year.
§ 5.03
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.
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 information, VT.C.A., Government Code § 552.001 et seq.;
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 of all City funds and
activities and, except as required by law or this Charter, shall mein such form as the City
Manager deems desirable or the Council may require. A budget message explaining the budget
both in fiscal terms and in terms of the work programs shall be submitted with the budget. It
shall outline the proposed financial policies of the City for the ensuing fiscal year, describe the
important features of the budget, indicate any major changes from the current year in
financial policies, expenditures, and revenues, with reasons for such changes. It shall also
summarize the City's debt position and include such other material as the manager deems
desirable. The budget shall begin with a clear general summary of its contents; shall show in
detail all estimated income, the proposed property tax levy, and all proposed expenditures for
the ensuing fiscal year, including debt service and an itemized estimate of the expense of
conducting each department of the City. The proposed budget expenditures shall not exceed
the total of estimated income. The budget shall be so arranged as to show comparative figures
for actual and estimated income and expenditures of the current fiscal year and actual income
and expenditures of the preceding fiscal year, compared to the estimate for the budgeted year.
It shall also include, in separate sections:
(1) Tax levies, rates, and collections for the preceding five years.
*State law references —Budgets, V.TC.A., Local Government Code § 102.001 et seq.;
fiscal powers, V.T.C.A., Local Government Code § 101.021.
Supp. No. 7 CHT:29
§ 8.03 FRIENDSWOOD CITY CODE
(2) The amount required for interest on the My debts, for sinking fund and for maturing
serial bonds.
(3) The total amount of outstanding City debts, with a schedule of maturities on bond
issues.
(4) Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or
operated by the City and the proposed method of its disposition, subsidiary budgets for
each such utility giving detailed income and expenditure information shall be attached
as appendices to the budget.
(5) 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 which shall be attached as appendices to the budget:
(a) A summary of proposed programs;
(b) A list of all capital improvements which are proposed to be undertaken during the
five fiscal years next ensuing, with appropriate supporting information as to the
necessity for such improvements;
(c) Cost estimates, method of financing and recommended time schedules for each
such improvement; and
(d) The estimated annual cost of operating and maintaining the facilities to bid
constructed or acquired.
(6) Such other information as may be required by the Council.
(b) Submission: On or before the first day of August of each year, the City 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 [its] proposed budget and a notice stating:
(1) The times and places where copies of the message and budget are available for
inspection by the public; and
(2) The time and place, not less than 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 required
by law or for debt service or for estimated cash deficit, provided that no amendment to the
budget shall increase the authorized expenditures to an amount greater than the total of
estimated income plus funds available from prior years.
Supp. No. 7 CHT:30
CHARTER § 8.04
I
(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. If the Council fails to adopt an
annual budget before the start of the fiscal year to which it applies, appropriations of the last
budget adopted shall be considered as adopted for the current fiscal year on a month to month,
pro rats. basis, until the annual budget is adopted. Adoption of the budget shall require an
affirmative vote of at least a majority of all members of the Council. Adoption of the budget
shall constitute appropriations of the amounts specified therein as expenditures from the
fundsindicated.
(Res. No. R88-15, § 3, 5-9-1988; Res. No. R2002-10, § 7, 2-18-2002, election 5-4-2002)
State law reference —Budgets, VT.C.A., Local Government Code § 102.001 et seq.
Sec. 8.04. Amendments after adoption.
(a) Supplemental ¢ppropriations: 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 ¢ppropri¢tions: To meet public emergencies created by natural disasters or
manmade calamities that affect life, health, property, or the public peace, the City Council may
authorize (i) the re -appropriation of revenues previously budgeted for maintenance and
operation expenses, (ii) the appropriation of unanticipated revenues, and/or (iii) the appropri-
ation of restricted reserves. All such appropriations or re -appropriations shall be by emergency
ordinance in accordance with the provisions of this Charter. If there are insufficient funds
available for appropriation or re -appropriation for such purposes, the City Council may by
emergency ordinance authorize the issuance of emergency notes, which may be renewed from
time to time.
(c) Reduction of ¢ppropriations: If at any time during the fiscal year it appears probable to
the City Manager that the revenues available will be insufficient to meet the amount
appropriated, he/she shall report to the Council without delay, indicating the estimated
amount of the deficit, any remedial action taken by him/her and his/her recommendations as
to any other steps to be taken. The Council shall then take such further action as it deems
necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce
one or more appropriations.
(d) 71•¢nsfer of appropriations: At any time during the fiscal year the City 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 City Manager, the Council may
by ordinance transfer part or all of any unencumbered appropriation balance from one
department, office or agency to another.
(e) Limitations: No appropriation for debt service may be reduced or transferred, and no
appropriation may be reduced below any amount required by law to be appropriated or by
more than the amount of the unencumbered balance thereof.
Supp. No. 7 CHT:31
§ 8.04 FRIENDSWOOD CITY CODE
(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. R88-15, § 3, 5-9-1988; Res. No. R2007-09, § 1, 3-5-2007, election 5-12-2007)
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 any
other public purpose not prohibited by the Constitution and laws of the State of Texas and this
Charter, and to issue refunding bonds to refund outstanding bonds of the City previously
issued. All such bonds shall be issued in conformity with the laws of the State of Texas.
(c) 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 of 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.
M 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
Supp. No. 7 CHT:32
CHARTER § 8.07
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, 3-4-1974, election 4-6-1974; Res. No. R97-6, § 1, 2-17-1997, election
5-3-1997)
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
the appropriation.
Sec. 8.07. Administration of budget.
(a) Payments ¢red obligations prohibited: No payment shall be made or obligation incurred
j against any allotment or appropriation except in accordance with appropriations duly made
and unless the City Manager or his/her designee first certifies that there is a sufficient
unencumbered balance in such allotment or appropriations and that sufficient funds therefrom
are or will be available to cover the claim or meet the obligation when it becomes due and
payable. Any authorization of payment or incurring of obligation in violation of the provisions
of this Charter shall be void and any payment so made illegal. Such action shall be cause for
removal of any officer who knowingly authorized or made such payment or incurred such
obligations, and he/she shall also be liable to the City for any amount so paid. However, this
prohibition shall not be construed to prevent the making or authorizing of payments or making
of contracts 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 City 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.
Supp. No. 7 CHT:33
§ 8.07 FRIENDSWOOD CITY CODE
Upon completion of the audit, the results thereof in a summary form shall be placed on file in
the City Secretary's office as a public record and in the Friendswood Public Library for the
public's information.
(Res. No. R88-15, § 3, 5-9-1988; Res. No. R97-6, § 1, 2-17-1997, election 5-3-1997)
Sec. 8.08. Purchasing.
All purchases made and contracts executed by the City shall be made in accordance with the
requirements of the Constitution and statutes of the State of Texas.
State law reference —Purchases, V.TC.A., Local Government Code § 252.001 et seq.
ARTICLE Di. FRANCHISES AND PUBLIC UTII,ITIES
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.
Sec. 9.02. Power to grant franchise.
The Council shall have the power by ordinance to grant, renew, and extend all franchises of
all public utilities of every character operating within the City and, with consent of the
franchise holder, to amend the same, provided, however, that no franchise shall be granted for
an indeterminate term, and that no franchise shall be granted for a term of more than 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 two 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. R6-80, § 3, 4-7-1980, election 4-5-1980)
Charter 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.
Supp. No. 7 CHT:34
CHARTER
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
[they] 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
j franchise, such power to be exercised only after due notice and hearing.
(b) To require an adequate extension of plant and service as is necessary to provide
adequate service to the public, and maintenance of the plant and fixtures at the
highest reasonable standard of efficiency.
(c) To establish reasonable standards of service and quality of products and prevent
unjust discrimination in service or rates.
(d) To prescribe the form of accounts kept by each utility franchisee.
(e) To impose regulations to insure [ensure] 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 any time such compensation and rental as may be permitted by the laws
of the State of Texas.
(Res. No. R97-6, § 1, 2-17-1997, election 5-3-1997)
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
Supp. No. 7 CHT:35
§ 9.08 FRIENDSWOOD CITY CODE
shall be terminable as provided in Section 9.07. In case of an extension of a public utility
operated under a franchise hereafter granted, such right shall be terminable at the same time
and under the same conditions as the original grant.
Sec. 9.09. Regulation of rates.
To the extent permitted by law, the Council shall have full power to regulate the rates,
charges, and fares of each public utility franchise holder operating in the City.
(Res. No. 92-19, § 3, 3-24-1992, election 5-2-1992)
State law references —Authority to regulate certain rates, V.T.C.A., Utilities Code
§ 33.001 et seq.; V.T.C.A., Utilities Code § 103.001 et seq.
Sec. 9.10. Public service corporations to file annual reports.
(a) Tlie 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.
(b) Any public service corporation, partnership, or proprietorship who shall fora 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. R97-6, § 1, 2-17-1997, election 5-3-1997)
Sec. 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
Supp. No. 7 CHT:36
CHARTER § 11.02
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 sell and
provide other municipal services.
(b) To establish specifications for materials and construction used within or beyond the
limits of the City for such municipal services; inspect same and require such materials
to be kept in good order and condition at all times; make such rules and regulations as
shall be necessary and proper; and prescribe penalties for noncompliance with same.
Sec. 9.13. Franchise records.
The City shall compile and maintain a public record of public utility franchises.
ARTICLE X. RESERVED*
Secs. 10.01-10.06. 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, 2-17-1997, election 5-3-1997)
State law reference —Public information, VT.C.A., Government Code § 552.001 et seq.
Sec. 11.02. City newspaper.
The Council shall biennially designate a public newspaper of general circulation in the City
as official publication thereof, and to continue as such until another is designated, and shall
cause to be published therein all ordinances, notices and other matters 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.
(Res. No. 2012-12, § 4, 5-21-2012, election 5-12-2012)
State law reference —Official newspaper, V.T.C.A., Government Code § 2051.041 et seq.
*Editor's note —Rea. 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. 7 0HT:37
§ 11.03 FRIENDSWOOD CITY CODE
Sec. 11.03. Personal financial interest.
No member of the Council or other officer or employee of the City shall have a pecuniary
interest in any contract, the expense, price, or consideration of which is paid from the City
Treasury, or have a pecuniary interest in any matter or item requiring the approval or consent
of the City, unless in compliance with applicable laws of the State of Texas governing conflicts
of interest.
(Res. No. R2002-10, § 7, 2-18-2002, election 5-4-2002)
State law reference —Conflicts of interest, VT.C.A., Local Government Code § 171.001 et
seq.
Sec. 11.04. Nepotism.
No appointment to the service of the City shall violate the prohibitions against nepotism set
forth in V.T.C.A., Government Code § 573.001 et seq., as amended.
(Res. No. R88-15, § 3, 5-9-1988; Ord. No. 2012-29, § 1(exh. A), 11-5-2012)
State law reference —Nepotism, V.T.C.A., Government Code § 573.001 et seq.
Sec. 11.06. 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.
Supp. No. 7 CHT:38
CHARTER
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 V.T.C.A., Local Government Code, Ch. 9, as now enacted or hereafter
amended.
(Ord. No. 2012-29, § 1(exh. A), 11-5-2012)
Sec. 11.08. 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 of the Commission:
(1) Inquire into the operation of the City government under the Charter provisions
and determine whether any such provisions require revision. To this end public
hearings may be held.
(2) Propose, if it deems desirable, amendments to this Charter to improve the
effective application of the Charter to current conditions.
(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) Term of office: The term of office of such Charter Review Commission shall be six
months, and at the completion of such term a report shall be presented to the Council,
and all records of the proceedings of such Commission shall be filed with the City
Secretary and shall become a public record.
(Res. No. R88-15, § 3, 5-9-1988; Res. No. R92-19, § 3, 3-24-1992, election 5-2-1992; Res. No.
197-61 § 11 2-17-1997, election 5-3-1997)
Sec. 11.10. Submission of Charter to voters.
The Charter Review Commission in preparing this Charter concludes that it is impraeti-
cable to segregate each subject so as to permit a vote of "yea" 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 Review 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
Supp. No. 7 CHT.39
§ 11.10 FRIENDSV OD CITY CODE
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 City Secretary shall furnish the Mayor a copy of said Charter, which
copy of the Charter so adopted, authenticated and certified by his[/her] 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. � CHT:40
CHARTER COMPARATIVE TABLE
ORDINANCES/RESOLUTIONS
This table
shows the location of the sections
of
Ordinances/Resolutions in
the basic Charter and any amendments thereto.
Ordinance/
Resolutions
Adoption
Election
Section
Number
Date
Date
Section this Charter
214
3- 4-1974
4- 6-1974
1
2,03
2,05
3.05, 3,06
3,11
3,17
6,02
8.05
116-80
4- 7-1980(Res.)
3
3.09-3.11
4,01
4- 5-1980
3
9,03
I23-82
3- 1-1982(Res.)
1
2,02
3,05
3,11
5,06
6,12
I
6.02
R88-15
5- 9-1988(Res.)
3
1.02
3,011 3.02
3.05, 3,06
3.08-3.11
3.14
4,01-4,06
5,10, 5,11
6,01-6,04
8.03, 8,04
8,07
11.04
11,09
92-19
3-24-1992(Res)
5- 2-1992
3
9.09
R92-19
3-24-1992(Res.)
5- 2-1992
3
3.01
3.11, 3,12
4,02
6,02
6,05
11,09
R97-6
2-17-1997(Res.)
5- 3-1997
1
2,03
2.05, 2.06
3.01
3.09
4.04
4.06
5,04
5,06
6.02
6,04
Supp. No. 7 CHTCT:1
Ordinance/
Resolutions
Number
R2002-10
R2002-14
R2007-09
R2009-06
2012-12
2012-29
FRIENDSWOOD CITY CODE
Adoption Election
Date Date Section
2-18-2002(Res.) 5- 4-2002
3- 4-2002(Res.) 5- 4-2002
3- 5-2007 5-12-2007
1-12-2009(Res.) 5- 9-2009
5-21-2012(Res.) 6-12-2012
11-6-2012
supp. No. 7 CHTCT:2
7
1
4
1(exh. A)
Section
this Charter
8.05
8.07
9.07
9.10
11.01
11.09
3.06
3.09
3.11
3.17
5.03
6.01; 6.02
8.03
11.03
3.10
1.02
2.01
3.01
3.05
3.08(e)
3.09
3.10
3.17
4.06(c)
5.11
6.01
6.02(a)(5)
8.04(b)
Added 1.04
4.01(a)
Rnbd 1.04
as 1.00
2.06
3.05
3.09-3.11
3.14
4.01
6.02
11.02
2.05
2.07
Art. III note
3.06 note
3.09 note
4.02 note
Art. VI note
6.06 note
Art. VIII note
8.02 note
8.05 note
9.09 note
11.01-11.03
note
Ordinance/
Resolutions
Number
Supp. No. 7
CHARTER COMPARATIVE TABLE
Adoption Election
Date Date
CHTCT:3
Section
Section
this Charter
11.04
11.08
' } CHARTER INDEX
Section
A
ABANDONMENT
Powers of the city
Streets and public property, 2.04
ABATEMENTS
Powers of the city
Streets and public property..... 2.04
ACTIONS. See: SUITS, ACTIONS AND OTHER PROCEED-
INGS
ADMINISTRATIVE SERVICES
Administrative departments ....................................
4.05
City attorney..".",..,...
4.03
Citymanager .....................................................
4.01
City secretary...., ...........
4.04
Municipal court ...................................................
4.02
Personnel system"...
4.06
AFFIDAVITS (Generally). See: OATH,AFFIRMATION, SWEAR
OR SWORN
AFFIRMATION. See: OATH, AFFIRMATION, SWEAR OR
SWORN
AGENCIES. See: DEPARTMENTS AND OTHER AGENCIES
OF CITY
AGREEMENTS. See: CONTRACTS AND AGREEMENTS
ALLEYS
Powers of the city
Streets and public property,
2.04
AMENDMENTS
Charter
Amending the Charter ........................................
11.08
Financial administration
Amendments after adoption ................................. 0
8.04
Franchises and public utilities
Power to grant franchise ......................................
9.02
Powers of the city
Zoning..
2.07
ANNEXATIONS
Powers of the city
Change of boundaries and annexation of territory.........
2.02
APPROPRIATIONS. See: FINANCIAL ADMINISTRATION
ASSESSMENTS
Powers of the city
Street development and improvements.
2.05
FRIENDSWOOD CITY CODE
Section
ASSESSMENTS (Cont'd.)
Tax administration ............................................... 7.02 et seq.
See: TAX ADMINISTRATION
ASSIGNMENT
Charter............................................................ 11.05
ATTORNEY. See: CITY ATTORNEY
AUTOMOBILES. See: TRAFFIC AND VEHICLES
BALLOTS
Nominations and elections; oath of office ...................... 6.03
BOARDS, COMMITTEES AND COMMISSIONS
Charter
Charter review commission'..,,,,,, a *mamma*** ... 11.09
City council....................................................... 3.01 et seq.
See: CITY COUNCIL
Initiative, referendum and recall
Initiation of proceedings; petitioners' committee; affidavit 5.02
BODY POLITIC
Incorporation, form of government and boundaries
Incorporation; city shall have powers, rights, etc........... 1.01
BONDS
Charter
Security or bond not required .................. a ............. 11.06
City council
Bonds for city employees ...................................... 3.15
Financial administration
Borrowing for capital improvements; city shall have power 8.05
BOUNDARIES
Incorporation,'form of government and boundaries .......... 1,01 et seq.
See: INCORPORATION, FORM OF GOVERNMENTAND
BOUNDARIES
Powers of the city
Change of boundaries and annexation of territory......... 2.02
BUDGET. See: FINANCIAL ADMINISTRATION
BUILDINGS AND BUILDING REGULATIONS
Charter
Assignment, execution, and garnishment ................... 11.05
Financial administration
Borrowing for capital improvements; city shall have power 8.05
Franchises and public utilities
Powersof the city........ I I ",'memo** mammas Soso 0*001,11, 11 lose, 9.01
Sales of municipal services; council shall have power and
authority by ordinance ................................... 9.12
CHARTER INDEX
1
Section
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
Powers of the city
Street development and improvements ...................... 2.05
C
CARS. See: TRAFFIC AND VEHICLES
CHARTER
Administrative services ..........................................
4.01
et seq.
See: ADMINISTRATIVE SERVICES
Amending the Charter ...........................................
11.08
Assignment, execution, and garnishment .....................
11.05
Charter review commission .....................................
11.09
City council.......................................................
3.01
et seq.
See: CITY COUNCIL
City newspaper ...................................................
11.02
Financial administration
8.01
et seq.
........................................
See: FINANCIAL ADMINISTRATION
Franchises and public utilities ..................................
9.01
et seq.
See: FRANCHISES AND PUBLIC UTILITIES
Incorporation, form of government and boundaries ..........
1.01
et seq.
See: INCORPORATION, FORM OF GOVERNMENT AND
BOUNDARIES
Initiative, referendum and recall ...............................
5.01
et seq.
See: INITIATIVE, REFERENDUM AND RECALL
Nepotism..........................................................
11.04
Nominations and elections; oath of office "I'll,
6.01
et seq.
See: NOMINATIONS AND ELECTIONS; OATH OF OF-
FICE
Personal financial interest ......................................
11.03
Powers of the city ................................................
2.01
et seq.
See: POWERS OF THE CITY
Public records
11.01
.....................................................
Security or bond not required ...................................
11.06
Separability clause.
11.07
Submission of Charter to voters ................................
11.10
Tax administration ...............................................
7.02
et seq.
See: TAX ADMINISTRATION
CITY
City council
General powers and duties of city shall be vested in the
council, . I I I I I I I I I I I I 1 0 6 1 4 1 1 1 1 1 1 1 1 1 1 4 0 a 4 a 0 & I I I a 1 0 0 W 6 1 1 1 0 1 1 1 1 1 3.07
Franchises and public utilities
Powers of the city',,"", 1100*010 ....... 0 o 0 0 4 4, 1 a 9.01
Right of regulation; power exercised by city only after due
notice and hearing.. 6 9.07
Incorporation, form of government and boundaries
1, Incorporation; city shall have powers, rights, etc........... 1.01
Supp. No. 6 GHT1:3
FRIENDSWOOD CITY CODE
Section
CITY (Cont'd.)
Powers of the city ................................................ 2.01 et seq.
See: POWERS OF THE CITY
Tax administration
Arrears of taxes offset to debt against city, 7.08
CITY ATTORNEY
Administrative services, a 0 a 0 a a a 0 0 4 a P I I I a 0 1 1 1 1 1 1 1 4.03
CITY COUNCIL
Administrative services
Administrative departments; council shall have power by
ordinance to establish ....................................
4.05
City manager
Powers and duties ...........................................
4.01(d)
Personnel system; council shall have power to .............
4.06
Authentication and recording, codification, printing .........
3.14
Bonds for city employees ........................................
3.15
Codes of technical regulations ..................................
3.13
Compensation, a I I I I I I I 1 4 4 0 0 0 0 1 1 1 1 1 1 1 1 4 1 W 0 a
3.04
I am a 0 a a 0 a a a 0 0 0 4 4, 0, V , " a
Emergency ordinances.......................................I'll
3.12
Financial administration
Amendments after adoption
Emergency appropriations .................................
8.04(b)
Borrowing for capital improvements; council shall have
power,""* a 1041111111 1',* a000,6111, 04 I'll's Ptsookum a
8.05
Franchises and public utilities
Power to grant franchise ......................................
9.02
Regulation of rates; council shall have full power..........
9.09
General powers and duties ......................................
3.07
Initiative, referendum and recall
General authority
Initiative; qualified voters shall have power to propose
ordinances to council.,, a 1 11 1 "I'll, 1 $1 I'll "I'll
5.01(a)
Investigation by the city council ................................
3.16
Judge of election qualifications .................................
3.03
Mayor and mayor pro tem. a a I I I I I I I I I I 1 4 4 4 4 1 1 1 1 1 1 1 a 0 0 0 a 0 1 1 1 1 1 1 1 1
3.05
Meetings of the city council .....................................
3.09
Number, selection, term, and term limitations, I I I I I 1 0 0 6
3.01
1 1 1 1 1 1
Officers and employees protected from financial loss.........
3.17
Ordinances in general ...........................................
3.11
Powers of the city
Change of boundaries and annexation of territory.........
2.02
Eminentdomain ...............................................
2.03
Prohibitions.......................................................
3.08
Qualifications ......................................"
3.02
.............
Rules of procedure,,,,", 11 ........ 0 0 0 4 a a
3.10
, I 1 11 14.11....11144
Tax administration
Powerto tax ....................................................
7.02
Vacancies, forfeiture, filling of vacancies
3.06
......................
Supp. No. 6 CHTi:4
CHARTER INDEX
Section
CITY MANAGER
Administrative services.,,.
4.01
CITY SECRETARY
Administrative services ..........................................
4.04
Initiative, referendum and recall
Power of recall of any elected officials .......................
5.08
CODES (Generally)
City council
Codes of technical regulations ................................
3.13
CODIFICATION
City council
Authentication and recording, codification, printing.......
3.14
COMMITTEES AND COMMISSIONS. See: BOARDS, COM-
MITTEES AND COMMISSIONS
COMPENSATION, SALARIES, ETC. See: OFFICERS AND
EMPLOYEES
CONDEMNATION
Franchises and public utilities
Franchise value not to be allowed ...........................
9.06
Powers of the city
Eminent domain ...............................................
2.03
Generalpowers .................................................
2.01
Street development and improvements.
2.05
CONDUCT
Initiative, referendum and recall
Power of recall of any elected official"",., ",',,"*caused am
5.08
CONFLICT OF INTEREST
Charter
Personal financial interest ....................................
11.03
CONSTRUCTION (Generally). See: BUILDINGSAND BUILD-
ING REGULATIONS
CONTRACTS AND AGREEMENTS
Administrative services
Personnel system; council shall have power to ............. 4.06
Franchises and public utilities; generally ..................... 9.01 et seq.
See: FRANCHISES AND PUBLIC UTILITIES
Powers of the city
General powers,.,... 2.01
CORPORATE SEAL
Powers of the city
General powers. a I I I I I I I 1 0 0 1 a 0 a a a a a a a a 0 * 0 1 0 0 0 1 0 0 0 0 0 0 1 1 1 1 1 1 1 1 0 0 a a 2.01
COUNCIL. See: CITY COUNCIL
CHTi:5
FRIENDSWOOD CITY CODE
SectlOil
COUNTY
Incorporation, form of government and boundaries
Incorporation; city shall have powers, rights, etc........... 1.01
COURTS
Administrative services
Municipal court ................................................ 4.02
CURBS
Powers of the city
Street development and improvements, 2.05
DEPARTMENTS AND OTHER AGENCIES OF CITY
Administrative services
Administrative departments',,""..... 61 lead samemad 04 "a .... 4.05
City manager
Powers and duties" 4.01(d)
City council....................................................... 3.01 et seq.
See: CITY COUNCIL
DEVELOPMENT. See: PLANNING AND DEVELOPMENT
DISASTERS
Emergencies, generally. See: EMERGENCIES
Financial administration
Amendments after adoption
Emergency appropriations ................................. 8.04(b)
DRAINAGE
Powers of the city
Street development and improvements, , 2.05
ID
ELECTIONS
City council
Judge of election qualifications ............................... 3.03
See: CITY COUNCIL
Incorporation, form of government and boundaries
Form of government; all powers of the city shall be vested
in the elected mayor and councilmembers ............. 1.02
Initiative, referendum and recall; generally, . * 6 4 0 5.01 et seq.
See: INITIATIVE, REFERENDUM AND RECALL
Nominations and elections; oath of office ...................... 6.01 et seq.
See: NOMINATIONS AND ELECTIONS; OATH OF OF-
FICE
Powers of the city
General powers,,,,,,,,,, .... 2.01
ELECTRICITY
Franchises and public utilities; generally ..................... 9.01 et seq.
See: FRANCHISES AND PUBLIC UTILITIES
CHTi:6
CHARTER INDEX
I
)
Section
EMERGENCIES
City council
Emergency ordinances ........................................
3.12
Ordinances in general .........................................
3.11
Financial administration
Amendments after adoption
Emergency appropriations .................................
8.04(b)
Initiative, referendum and recall
General authority
Referendum shall not apply to any properly enacted
emergency ordinance ...................................
5.01(b)
EMINENT DOMAIN
Powers of the city ................................................
2.03
EMPLOYEES. See: OFFICERS AND EMPLOYEES
EVIDENCE
Financial administration
Borrowing for capital improvements; city shall have power
8.05
EXECUTION
Charter
Assignment, execution, and garnishment",
11.05
Ip
FEDERAL GOVERNMENT
Powers of the city
General powers .................................................
2.01
FEES (Generally)
Powers of the city
Eminent domain ...............................................
2.03
FINANCIAL ADMINISTRATION
Administration of budget.,..
8.07
Administrative services
City manager
Powers and duties.
4.01(d)
Personnel system; council shall have power to .............
4.06
Amendments after adoption.,.,.. ......
8.04
Annual budget.
8.03
Appropriations
Amendments after adoption
Emergency appropriations .................................
8.04(b), (f)
Lapse of appropriations .......................................
8.06
Borrowing for capital improvements ...........................
8.05
Budget
Administration of budget.
8.07
Administrative services
City manager
Powers and duties ........................................
4.01(d)
CHTi:7
FRIENDSWOOD CITY CODE
Section
FINANCIAL ADMINISTRATION (Cont'd.)
Annualbudget ...........................................loon .. 8.03
Incorporation, form of government and boundaries
Form of government; all powers of the city shall be
vested in the elected mayor and councilmembers .. 1.02
Charter
Assignment, execution, and garnishment,,,,,,,,,,,,,,,,,,, 11.05
Compensation, salaries, etc. See: OFFICERS AND EMPLOY-
EES
Fiscalyear ........................................................ 8.01
Franchises and public utilities; generally ..................... 9.01 et seq.
See: FRANCHISES AND PUBLIC UTILITIES
Lapse of appropriations .......................................... 8.06
Public record...,., .......... olsoopolosso 8.02
Purchasing........................................................ 8.08
Tax administration....,, 7.02 et seq.
See: TAX ADMINISTRATION
FINES, FORFEITURES AND OTHER PENALTIES
City council
Investigation by the city council.
Vacancies, forfeiture, filling of vacancies,,,,,,,,
Franchises and public utilities
3.16
3.06
Sales of municipal services; council shall have power and
authority by ordinance ...................................
9.12
FISCAL YEAR
Financial administration...............................4........
8.01
FORFEITURES. See: FINES, FORFEITURES AND OTHER
PENALTIES
FORM OF GOVERNMENT
Incorporation, form of government and boundaries ..........
See: INCORPORATION, FORM OF GOVERNMENTAND
1.01 et seq.
BOUNDARIES
FRANCHISES AND PUBLIC UTILITIES
Accounts of municipally owned utilities .......................
Extensions, 1 0 0 0 6 1 1 1 1 1 1 1 1 1 0 0 1 0 * I * I I I I I I I I I 1 4 1 0 0 0 1 1 1 1 1 1 1 1 1 1 0 4 0 0 0 1 1 "1
Franchise records",,,,,,,,,,""," 0 * * * 0 4 1 1 1 1 1 1 1 1 0 4 4 4 0 1 1 1 1 1 1 1 1 1 1 1
Franchise value not to be allowed ..............................
Grant not to be exclusive,"",... I it "loss's 0*00611111pbs Problem
Ordinance granting franchise..... 641"I'llool I 444sumps do 1 41 loss
Power to grant franchise ........................................
Powers of the city ................................................
Public service corporations to file annual reports ............
Regulation of rates ...............................................
Right of regulation ...............................................
Sales of municipal services ......................................
Transfer of franchise .............................................
9.11
9.08
9.13
9.06
9.04
9.03
9.02
9.01
9.10
9.09
9.07
9.12
9.05
CHTi:B
CHARTERINDEX
Ifl
I �
Section
FRANCHISES (Generally)
City council
Emergency ordinances ........................................
3.12
FRIENDSWOOD, CITY OF, See: CITY
FUNDS (Generally). See: FINANCIAL ADMINISTRATION
G
GALVESTON, COUNTY OF. See: COUNTY
GARBAGE. See: SOLID WASTE
GARNISHMENT
Charter
Assignment, execution, and, .
11.05
GAS
Franchises and public utilities; generally .....................
9.01 et seq.
See: FRANCHISES AND PUBLIC UTILITIES
GIFTS
Powers of the city
General powers, .
2.01
GOVERNING BODY. See: CITY COUNCIL
GRADES AND GRADING
Powers of the city
Street development and improvements.
2.05
GUTTERS
Powers of the city
Street development and improvements,
2.05
HEALTH AND SANITATION
Financial administration
Amendments after adoption
Emergency appropriations ................................. 8.04(b)
Powers of the city
Change of boundaries and annexation of territory......... 2.02
General powers. . I I I I 1 11 1 1 1 1 1 1 1 1 1 1 0 0 0 0 1 1 1 1 1 14 . . . . . . . . . 0 . 2.01
IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVE-
MENTS
INCORPORATION, FORM OF GOVERNMENTAND BOUND-
ARIES
Boundaries........................................................ 1.03
Form of government .............................................. 1.02
Glossary of Terms ................................................ 1.00
Supp. No. 6 CHTi:9
FRIENDSWOOD CITY CODE
Section
INCORPORATION, FORM OF GOVERNMENTAND BOUND-
ARIES (Could.)
Incorporation" 110,000,11, 11 ** $4
1.01
INDEBTEDNESS (Generally). See: BONDS; See also: FINAN-
CIAL ADMINISTRATION
INITIATIVE, REFERENDUM AND RECALL
Action on petitions ...............................................
Determination of sufficiency'.,.,, .., *o*011oves to *a a momao*66,0 ...
Failure of council to call an election ...........................
Failure of council to call an election on recall, .
General authority ................................................
Initiation of proceedings; petitioners' committee; affidavit ..
5.06
5.04
5.12
5,13
5.01
5.02
Limitation on recall ..............................................
Petitions...........................................................
Powerof recall ....................................................
Recall election ....................................................
Results of election ................................................
Results of recall election, . 0 a a 0 0 0 old,
5.11
5.03
5.06
5.09
5.07
5.10
INSPECTIONS
Franchises and public utilities
Sales of municipal services; council shall have power and
authority by ordinance ...................................
9.12
INSURANCE
Administrative services
Personnel system; council shall have power to .............
4.06
INVESTIGATIONS
City council
Investigation by the city council .............................
3.16
LAW
Administrative services
City manager
Powers and duties.,, 4 1 &@webs *a hasomoo I'll "I'll'** 4.01(d)
Municipal court ..................false......................... 4.02
City council
General powers and duties ................................... 3.07
Franchises and public utilities
Powersof the city .............................................. 9.01
Powers of the city
Eminentdomain ............................................... 2.03
General powers... . *411p, I'll . 0 , * o 4 1 . 0 * 0 * d . * * 4 1 0 0 0 a I . . . . 2.01
Limitation of liability for damages ........................... 2.06
LEASES
Powers of the city
General powers, ...... '' 4 0 4 opal.. 6 p I 1 0 1 1 1 1 1 1 1 1 1 2.01
Supp. No. 6 CHTi:10
CHARTER INDEX
Section
LEASES (Cont'dJ
Streets and public property; leases of any lands shall be by
ordinance .................................................. 2.04
LIABILITY
Powers of the city
Limitation of Liability for damages.,...... 1................. 2.06
LIENS
Powers of the city
Street development and improvements. 2.05
LIGHTS AND LIGHTING
Powers of the city
Street development and improvements. 2.05
Streets and public property .............. 1.................... 2.04
LITTER. See: SOLID WASTE
MANAGER. See: CITY MANAGER
MAYOR
City council
Mayor and mayor pro tem.................................... 3.05
Incorporation, form of government and boundaries
Form of government; all powers of the city shall be vested
in the elected mayor and councilmembers ............1 1.02
MEETINGS
City council
Meetings of the city council,"",',,". ..... 3.09
MISDEMEANORS
Administrative services
Municipal court ................................................ 4.02
City council
Investigation by the city council ............................. 3.16
MONIES (Generally). See: FINANCIAL ADMINISTRATION
MORALS
Powers of the city
General powers, Go "I'll I I I I 114mouvow W 0 , 6 4 0 0 0 0 1 1 9 1 1 1 1 1 1 1 1 1 1 4 W 4 0 0 2.01
MOTOR VEHICLES. See: TRAFFIC AND VEHICLES
MUNICIPAL COURT. See: COURTS
N
NEPOTISM
Charter............................................................ 11.04
Supp. No. a CHTi:ll
FRIENDSWOOD CITY CODE
Section
NEWSPAPERS
Charter
City newspaper, 11.02
NOMINATIONS AND ELECTIONS; OATH OF OFFICE
Ballots............................................................. 6.03
Canvassing and election results ................................ 6.04
City elections..................................................... 6.01
Filing for office,, 6.02
Oathof office ...................................................... 6.05
NUMBERS AND NUMBERING
City council
Number, selection, term, and term limitations ............. 3.01
Initiative, referendum and recall
Power of recall of any elected official ........................ 5.08
OATH, AFFIRMATION, SWEAR OR SWORN
Initiative, referendum and recall
Initiation of proceedings; petitioners' committee; affidavit
5.02
Nominations and elections; oath of office
Oath of office ...................................................
6.05
OBLIGATIONS (Generally). See: BONDS; See also: FINAN-
CIAL ADMINISTRATION
OFFENSES (Generally)
Administrative services
Municipalcourt ................................................
4.02
OFFICERS AND EMPLOYEES
Administrative services
Personnelsystem ..............................................
4.06
Charter
Charter review commission ...................................
11.09
Nepotism, I I I I d I I I I I I I 1 4 * 4 0 0 0 . . 0 4 0 0 0 0 1 0 1 0 1 1 1 1 1 1 1 0 4 4
11.04
Personal financial interest ....................................
11.03
City council.......................................................
3.01 et seq.
See: CITY COUNCIL
Compensation, salaries, etc.
City council
Compensation. . f * 4 1 a ........ 0 ...... I I I . . .
3.04
Financial administration; generally ............................
8.01 et seq.
See: FINANCIAL ADMINISTRATION
Initiative, referendum and recall
Power of recall of any elected official ........................
5.08
Nominations and elections; oath of office ......................
6.01 et seq.
See: NOMINATIONS AND ELECTIONS; OATH OF OF-
FICE
Salaries. See herein: Compensation, Salaries, Etc.
Supp. No. 6 CHTi:12
CHARTERINDEX
Section
OFFICERS AND EMPLOYEES (Cont'd.)
Tax administration ...............................................
7.02 et seq.
See: TAX ADMINISTRATION
ORDINANCES, RESOLUTIONS, ETC.
Administrative services
Administrative departments; council shall have power by
ordinance to establish ....................................
4.05
City council
Emergency ordinances ........................................
3.12
Ordinances in general .........................................
3.11
Financial administration
Amendments after adoption
Emergency appropriations .................................
8.04(b)
Franchises and public utilities
Ordinance granting franchise ......,..."....................
9.03
Initiative, referendum and recall
General authority
Initiative; qualified voters shall have power to propose
ordinances to council"...........,...
5.01(a)
Powers of the city
Change of boundaries and annexation of territory.........
2.02
General powers to pass ordinances ......................... I
2.01
Streets and public property; leases of any lands shall be by
ordinance ..................................................
2.04
PARKING. See: TRAFFIC AND VEHICLES
PARKS AND RECREATION
Financial administration
Borrowing for capital improvements; city shall have power 8.05
PAVING, PAVEMENT
Powers of the city
Street development and improvements..........",......... 2.05
PENALTIES. See: FINES, FORFEITURES AND OTHER PEN-
ALTIES
PERSONNEL. See: OFFICERS AND EMPLOYEES
PETITIONS
Initiative, referendum and recall
Action on petitions ............................................. 5.06
Determination of sufficiency'..........",. ",'Ili 5.04
Initiation of proceedings; petitioners' committee; affidavit 5.02
Petitions........................................................ 5.03
Power of recall of any elected official ........................ 5.08
PLANNING AND DEVELOPMENT
Powers of the city
Change of boundaries and annexation of territory......... 2.02
Supp. No. 6 CHTi:13
FRIENDSWOOD CITY CODE
Section
POWERS
Administrative services
Administrative departments; council shall have power to
establish...................................................
4.05
City manager
Powers and duties ...........................................
4.01(d)
Municipal court ................................................
4.02
Personnel system; council shall have power to .............
4.06
City council
General powers and duties ...................................
3,07
Investigation by the city council .............................
3.16
Mayor and mayor pro tem....................................
3.05
Franchises and public utilities
Power to grant franchise ......................................
9.02
Powers of the city ..............................................
9.01
Regulation of rates; council shall have full power..........
9.09
Right of regulation; power exercised by city only after due
notice and bearing'.,,,,,,,,,,,,,, moamo*bo men I I I ..... 4 9 0 0 0
9.07
Sales of municipal services; council shall have power and
authority by ordinance ...................................
9.12
Incorporation, form of government and boundaries
Form of government; all powers of the city shall be vested
in the elected mayor and councilmembers ............1
1.02
Incorporation; city shall have powers, rights, etc...........
1.01
Initiative, referendum and recall
General authority
Initiative; qualified voters shall have power .............
5.01(a)
Power of recall .................................................
5.05
Powers of the city ................................................
2.01 et seq.
See: POWERS OF THE CITY
Tax administration
Power to tax
7.02
....................................................
POWERS OF THE CITY
Change of boundaries and annexation of territory .......... , 2.02
Eminentdomain .................................................. 2.03
General powers ................................................... 2.01
Limitation of liability for damages ............................. 2.06
Street development and improvements ........................ 2.05
Streets and public property ..................................... 2.04
Zoning............................................................1 2.07
PRINTING
City council
Authentication and recording, codification, printing....... 3.14
PROCEEDINGS. See: SUITS, ACTIONS AND OTHER PRO-
CEEDINGS
PROPERTY
Charter
Assignment, execution, and garnishment ................... 11.05
Supp. No. s CHTi:14
CHARTERINDEX
Section
PROPERTY (Cont'd.)
Financial administration
Amendments after adoption
Emergency appropriations .................................
8.04(b)
Powers of the city
Change of boundaries and annexation of territory.........
2,02
Eminent domain ...............................................
2,03
General powers...........................................pool..
2,01
Street development and improvements, . 1 1 1 1 1 1
2,05
Zoning...........................................................
2.07
Tax administration; generally ...................................
7.02 et seq.
See: TAX ADMINISTRATION
PUBLIC PROPERTY (Generally). See: PROPERTY
PUBLIC RECORD (Generally). See: RECORDS AND RE-
PORTS
PUBLIC UTILITIES. See: UTILITIES
PUBLIC WORKS AND IMPROVEMENTS
Financial administration
Borrowing for capital improvements..."".
8,05
Powers of the city
General powers, ...................
2,01
Street development and improvements, I I I I I I I I I I I I I I I I I I I 1 1
2,05
Streets and public property,,.""..,...,.... .....
2,04
PURCHASE, PURCHASING
Financial administration ........................................ 8.08
Franchises and public utilities
Powers of the city .............................................. 9,01
Powers of the city
General powers, . . . . . . . . . . . . . . . . 2,01
RATES (Generally)
Franchises and public utilities
Regulation of rates ............................................. 9.09
RECALL. See: INITIATIVE, REFERENDUM AND RECALL
RECORDS AND REPORTS
Administrative services
City manager
Powers and duties. 4.01(d)
Charter
Public records .................................................. 11,01
City council
Authentication and recording, codification, printing....... 3,14
Financial administration
Publicrecord ................................................... 8.02
CHTi:15
FRIENDSWOOD CITY CODE
Section
RECORDS AND REPORTS (Cont'd.)
Franchises and public utilities
Franchise records .............................................. 9.13
Public service corporations to file annual reports.......... 9.10
RECREATION. See: PARKS AND RECREATION
REFERENDUM. See: INITIATIVE, REFERENDUM AND RE-
CALL
REFUSE. See: SOLID WASTE
REPORTS. See: RECORDS AND REPORTS
RESOLUTIONS. See: ORDINANCES, RESOLUTIONS, ETC.
REVENUES (Generally). See: FINANCIAL ADMINISTRA-
TION
RIGHTS (Generally)
Franchises and public utilities
Right of regulation..........,.", ............ 9.07
Incorporation, form of government and boundaries
Incorporation; city shall have powers, rights, etc........... 1.01
Powers of the city
Change of boundaries and annexation of territory......... 2.02
Eminent domain ............................................... 2.03
Streets and public property, , 2.04
RIGHTS -OF -WAY
Powers of the by
Street development and improvements, 2.05
RUBBISH. See: SOLID WASTE
S
SALARIES
Compensation, salaries, etc. See: OFFICERSAND EMPLOY-
EES
SALES
Franchises and public utilities
Powers of the city .............................................. 9.01
Sales of municipal services ................................... 9.12
Powers of the city
General powers,.,, .......... 2.01
SANITATION. See; HEALTH AND SANITATION
SEAL. See: CORPORATE SEAL
SECRETARY. See: CITY SECRETARY
SECURITY
Charter
Security or bond not required ................................ 11.06
CHTi:16
CHARTER INDEX
f j
Section
SEPARABILITY CLAUSE
Charter............................................................
11.07
SEWER. See: UTILITIES
SIGNS
Powers of the city
Streets and public property....,,........
2.04
SOLID WASTE
Franchises and public utilities; generally .....................
9.01 et seq.
See: FRANCHISES AND PUBLIC UTILITIES
STATE
Administrative services
City manager
Powers and duties ...........................................
4.01(d)
Municipal court ................................................
4.02
Franchises and public utilities
Powers of the city ..............................................
9.01
Powers of the city
Eminent domain ...............................................
2.03
General powers, N 0 6 N 0 0 0 W 4 0 0 0 1 1 q I I I I I I V I I I I I I I I I I I I I I I I I I I I I I I I 1 1
2.01
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Franchises and public utilities; generally .....................
9.01 et seq.
I See: FRANCHISES AND PUBLIC UTILITIES
Powers of the city
Street development and improvements.
2.05
Streets and public property ...................................
2.04
SUITS, ACTIONS AND OTHER PROCEEDINGS
City council
Officers and employees protected from financial loss......
3.17
Initiative, referendum and recall
Initiation of proceedings; petitioners' committee; affidavit
5.02
Powers of the city
General powers, N 0 4 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 V V 0 V 0 0 0 * 0 * 0 a ON*....
2.01
SWEAR OR SWORN. See: OATH, AFFIRMATION, SWEAR
OR SWORN
11
TAX ADMINISTRATION
Arrears of taxes offset to debt against city .................... 7.08
Powerto tax ...................................................... 7.02
TAXATION (Generally)
Financial administration; generally ............................ 8.01 et seq.
See: FINANCIAL ADMINISTRATION
Tax administration..............................................0 7.02 et seq.
See: TAX ADMINISTRATION
TEXAS, STATE OF. See: STATE
CHTi:17
FRIENDSWOOD CITY CODE
Section
THE CITY COUNCIL. See: CITY COUNCIL
TRAFFIC AND VEHICLES
Powers of the city
Streets and public property'........,,, ..... 2.04
TRASH. See: SOLID WASTE
T
UTILITIES
City council
Emergency ordinances ....................................most 3.12
Financial administration
Borrowing for capital improvements; city shall have power 8.05
Franchises and public utilities. .., 11 11 "logo . 9.01 et seq.
See: FRANCHISES AND PUBLIC UTILITIES
V
VACATION OF PUBLIC WAYS, ETC.
Powers of the city
Streets and public property.,.,,,,, 1., $0 s*4040 tests 6 ..........
2.04
VEHICLES. See: TRAFFIC AND VEHICLES
VERNON'S ANN, CIV ST.
Powers of the city
Street development and improvements,
2.05
VOTES AND VOTING
Charter
Submission of Charter to voters, .
11.10
City council
Emergency ordinances ........................................
3.12
Mayor and mayor pro tem....................................
3.05
Initiative, referendum and recall
General authority
Initiative; qualified voters shall have power .............
5.01(a)
Powerof recall .................................................
5.08
W
WASTE MANAGEMENT
Franchises and public utilities; generally ..................... 9.01 et seq.
See: FRANCHISES AND PUBLIC UTILITIES
WATER, See: UTILITIES
ZONING
Powers of the city
Change of boundaries and annexation of territory......... 2.02
Zoning, generally...",.,,,,,,,,, *wWwwoos poseso ...... I .......... 2.07
CHTi:18