HomeMy WebLinkAbout1980 04 05 CharterFRIENDSWOOD, TEXAS
C HART E R
C I
T
Y
OF
FRI
ENDSWOOD
T
E
X
A
S
Adopted:
October
16,
1471
Revision
#1: April
76,
1974
Revision
#2: April
5,
1980
CHARTER
OF THE
CITY OF FRIENDSWOOD
TEXAS
TABLE OF CONTENTS: PAGE
PREAMBLE
1
ARTICLES
_ 1. INCORPORATION, FORM OF GOVERNMENT & BOUNDARIES
1
1.01
Incorporation
1
1.02
Form of Government
1
1.03
Boundaries
2
II. POWERS
OF THE CITY
3
2.01
General Powers
3
2.02
Change of Boundaries & Annexation of Territory
3
2.03
Eminent Domain
4
2.04
Streets and Public Property
5
2.05
Street Development and Improvements
5
2.06
Tort Liability
6
2.07
Zoning
6
III. THE CITY
COUNCIL
7
3.01
Number, Selection and Term
7
3.02
Qualifications
7
3,03
Judge of Election Qualifications
7
3,04
Compensation
7
3.05
Mayor and Mayor Pro-Tem
7
3.06
Vacancies, Forfeiture, Filling of Vacancies
8
3.07
General Powers and Duties
_
9
3,08
Prohibitions
9
3.09
Meetings of Council
9
3,10
Rules of Procedure
10
3.11
Ordinances in General
10
3.12
Emergency Ordinances
11
3.13
Codes of Technical Regulations
12
3,14
Authentication and Recording, Codification,
Printing
12
3.15
Bonds for City Employees
13
i
III. THE CITY COUNCIL (cont'd) PAGE VII. TAX ADMINISTRATION (cont'd) PAGE
3,77 Liability for Elected City Officials 73 1Investigation by The City Council 37.08 Arrears of Taxes Offset to Debt Against City 36
14 7.09 Tax Remission Discount & Compromise, Correction
IV. ADMINISTRATIVE SERVICES of Error 37
4.01 City Manager15 7.10 Other Rules and Regulations 37
4.02 Municipal Court 75 VIII. FINANCIAL ADMINISTRATION 38
4.03 City Attorney 16
4.04 City Secretary 17 8.01 Fiscal Year 38
4.05 Administrative Departments 17 8.02 Public Record - 38
4.06 Personnel System 18 8.03 Annual Budget 38
18 8.04 Amendments After Adoption 40
V. INITIATIVE, REFERENDUM & RECALL 8.05 Borrowing for Capital Improvements 41
21 8.06 Lapse of Appropriations 42
5.01 General Authority 8,07 Administration of Budget - 43
5.02 Initiation of Proceedings; Petitioners' 21 8.08 Purchasing 44
Affidavit Committee;
5.03 Petitions 21 I-X. FRANCHISES AND PUBLIC UTILITIES 45
5.04 Determination Of Sufficiency 22
5.05 Action on Petitions 23 9.01 Powers of the City 45
5.06 Results of Election 24 9.02 Power to Grant Franchise 45
5.07 Power of Recall 25 9.03 Ordinance Granting Franchise 45
5.08 Recall Election 25 9,04 Grant Not to be Exclusive 45
5.09 Results of Recall Election 25 9.05 Transfer of Franchise 45
5.10 Limitation on Recall 26 - 9.06 Franchise Value Not to be Allowed 46
5.11 Public Hearing 26 9.07 Right of Regulation 46
5.12 Failure of Council to Call an Election 26 9,08 Extensions 47
26 9,09 Regulation of Rates 47
VI. NOMINATIONS AND ELECTIONS 9.10 Public Service Corporations to File Annual
27 Reports 47
6.07 City Elections 9.11 Accounts of Municipally Owned Utilities 48
6.02 Filing for Office 27 9.12 Sales of Municipal Services 48
6.03 Official Ballots 27 9.13 Franchise Records 49
6.04 Canvassing and Election Results 29 `
6.05 Oath of Office 29 X. TRANSITIONAL PROVISIONS 50
VII. TAX ADMINISTRATION 30
10.01 Schedule 50
7.01 Division of Tax Administratio
n 32 10.02 Officers and Employees 50
10.03 Effect of Charter on Existing Law 51
7.02 Power to Tax 32 10.04 Pending Matters 51
7,03 Assessment of Property for Tax Purposes 32 10.05 Franchises 51
7.04 Board of Equalization; Appointment, 32
7.05 Taxes, When Due and Payable Qualification 33 = XI. GENERAL PROVISIONS 52
7.06 Tax Liens and Liabilities 35
7.07 Joint Interest in Property 35 11.01 Public Records 52
36 11.02 Official Newspaper 52
ii
iii
XI
Index
PAGE
GENERAL
PROVISIONS (cont'd)
71.03
Personal Financial Interest
52
11.04
Nepotism
53
71,05
Assignment, Execution, and Garnishment
- 53
11.06
Security or Bond not Required
53
11.07
Separability Clause
53
11.08
Amending the Charter
54
11.09
Charter Review Commission
54
11.10
Submission of Charter to Voters
55
56
iv
CHARTER
OF THE
CITY OF FRIENDSWOOD
TEXAS
PREAMBLE
Good government can only be defined as that which is wholly
and justly participated in by the people who are under its jurisdic-
tion. For that purpose the citizens of Friendswood, in exercising
their rights of self-government, do ordain the provisions set forth
in the ensuing Charter of this City. This is just one more step of
progress by the people of Friendswood.
ARTICLE I
INCORPORATION, FORM OF GOVERNMENT &BOUNDARIES
Section 7.01 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 munici-
pal body politic and corporate in perpetuity under the name of the
"CITY OF FRIENDSWOOD", hereinafter referred to as the "City" with such
powers, privileges, rights, duties and immunities as are herein pro-
vided.
Section 1.02 Form of Government
The municipal government provided by this charter shall con-
sist of a Mayor and Councilmen, elected by the people and responsible
to the people, and a City Manager, appointed by and responsible to the
Council for proper administration of the affairs of the City. Pursuant
to its provisions and subject only to the limitations imposed by the
state constitution and by this charter, all powers of the City shall be
vested in the elected Mayor and Councilmen, who shall enact local
legislation, adopt budgets, and determine policies. All powers of the
City shall be exercised in the manner prescribed by this charter, or if
not prescribed, then as may be prescribed by ordinance. -
ARTICLE II
Section 1,03 Boundaries -
POWERS OF THE CITY
The bounds and limits of the City of Friendswood, Texas are
hereby established and described as being those boundaries heretofore Section 2.01 General Powers
established in the original incorporation proceedings of the said
City of Friendswood, Texas, filed of record on November 14, 1960 in The City shall have all the g y the office of the Clerk of the County Court of Galveston County, Texas powers ranted to cities b the
and those boundaries established and changed thereafter in all annex- 4 Constitution and Laws of the State of Texas together with all of the
ation ordinances and proceedings of the City of Friendswood, Texas, implied powers necessary to execute such granted powers. The City may
use a corporate seal; may sue and be sued; may contract and be contract-
ed with; may cooperate with the government of the State of Texas or any
agency or any political sub -division thereof; or with the federal
government or any agency thereof, to accomplish any lawful purpose for
the advancement of the interest, welfare, health, morals, comfort, safety,
and convenience of the City and its inhabitants; may acquire property
.within or without its corporate limits for any municipal purpose in fee
simple, or in any lesser interest or estate, by purchase, gift, devise,
lease or condemnation, and, subject to the provisions of this charter,
may sell, lease, mortgage, hold, manage, improve, and control such
property as may now or hereafter be owned by it; may pass ordinances and
enact such regulations as may be expedient for the maintenance of good
government, order and peace of the City and the welfare, health, morals, comfort, safety, and convenience of its inhabitants. The powers hereby conferred upon the City shall include, but are not restricted to, the
powers conferred expressly and permissively by Chapter 147, Page 307,
of the Acts of the 33rd Legislature, Regular Session enacted in 1913
pursuant to the Home Rule Amendment of the Constitution of Texas, known
as the Enabling Act and including Articles 1175, 1176, 1177, 1178, 11802
of Vernon's Annotated Civil Statutes of Texas, as now or hereafter
)re herey enumeratedherein, andasubjectbonlyotoethe limitations imposed d. In dition to theors
the
State Constitution, the State Laws, and this charter, the City shall
have without the necessity of express enumeration in this charter, each
and every power which, by virtue of Article XI, Section 5 of the Consti-
tution of Texas, the people of the City are empowered by election to
grant to or confer upon the City by expressly and specifically granting
and enumerating the same herein.
Section 2.02 Change of Boundaries and Annexation of Territory
The Council shall have the power by ordinance to fix the
boundary limits of the City, and to provide by ordinance for the annexa-
tion of additional territory lying adjacent to the City with or without
the consent of the inhabitants or owners of the territory to be annexed.
The Council shall have the power to detach by ordinance any territory
with or without the consent of the inhabitants or owners of such area
to be detached. Such annexation or detachment of any such territory
shall be in accordance with the provisions of Chapter 160, Page 447,
Acts of 1963, 58th Legislature, as the same is now or may hereafter be
amended, same being Article 970a, Revised Civil Statutes of Texas,
entitled the Municipal Annexation Act; and upon the final passage of
any such ordinance, the corporate limits of the City shall thereafter
include the territory so annexed; and when any additional territory has
been so annexed, same shall be a part of the City and the property
situated therein shall bear its prorata part of the taxes levied by
the City, and the inhabitants thereof shall be entitled to all the rights
and privileges of all citizens, and shall be bound by the acts and
ordinances, resolutions and regulations of the City.
Should any property situated within the City limits, or within
the extra territorial jurisdiction of said City, as established or as
may hereafter be established, be platted into blocks and lots, the owner
or owners of said property shall comply with all the provisions of
Article 974a of the Vernon's Annotated Civil Statutes of Texas, as
amended, being Acts of 19275 40th Legislature, Page 342, Chapter 231
as now or hereafter may be amended; the provisions of which act and
article are herein especially and specifically adopted by the vote of
the qualified voters of the City.
In addition to the power to annex all additional property for
all purposes, the City shall have the power by ordinance to fix, alter
and extend the corporate boundary limits of the City for the limited
purposes of planning and zoning and sanitation and health protection.
Section 2.03 Eminent Domain
- The City shall have the full right, power, and authority to
exercise the power of eminent domain when necessary or desirable to
carry out any of the powers conferred upon it by this charter, or by
the Constitution or Laws of the State of Texas. In all cases where the
City seeks to exercise the power of eminent domain, it may be controlled,
as nearly as practicable, by the laws governing the condemnation of
property by railroad corporations in this state, the City taking the
position of the railroad corporation in any such case. The City may
also exercise the power of eminent domain in any other manner authorized
or permitted by the constitution and laws of this state, or in the
manner and form that shall be provided by ordinance of the governing
body of the City. The power of eminent domain hereby conferred shall
include the right of the City to take the fee in the lands so condemned
and such power and authority shall include the right to condemn public
property for such purposes. The City shall have and possess this power
for condemnation for any municipal or public purpose, even though not
specifically enumerated herein or in this article.
Section 2,04 Streets and Public Property
The City shall have exclusive dominion, control and juris-
diction in, upon, over and under the public Streets, sidewalks, alleys,
highways, public squares and public ways within the corporate limits
of the City, and in, upon, over, and under all public property of the
City. With respect to each and every public street, sidewalk, alley,
highway, public square, public park or other public way within the
corporate limits of the City, the City shall have the power to establish,
maintain, improve, alter, abandon, or vacate the same; to regulate the
use thereof including but not limited to the right to erect traffic
signals, lights and signs thereon; and to abate and remove in a.summary
manner any encroachment thereon. The conveyance or lease or authoriza-
tion of the conveyance or lease of any lands of the City shall be by
ordinance. I
-
Section 2.05 Street Development and Improvements
The City shall have the power to develop and improve, or cause
to be developed and improved, any and all public streets or ways within
the corporate limits of the City by laying out, opening, narrowing, wide -
straightening, extending, lighting, and establishing building lines
along the same; by purchasing, condemning, and taking property therefor;
by filling, grading, raising, lowering, paving, repaving, and repairing,
in a permanent manner, the same; and by constructing, reconstructing,
altering, repairing, and realigning curbs, gutters, drains, sidewalks
culverts, and other appurtenances and incidentals in connection with such
development and improvement authorized 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 thepower and
authority to proceed in accordance with Chapter 106, Page 489, Acts 1927,
Fortieth Legislature, First Call Session, as now or hereafter amended, the
same being Article 1105b of the Vernon's Annotated Civil Statutes of Texas.
The procedure for the adoption or ordinance for street develop-
ment and improvement shall be:
A. A copy of the proposed ordinance shalt
member of the City Council (2) the City
citizen of the City upon request to the
least three days before the date of the
ordinance is to be considered.
be furnished to (1) each
Attorney, and (3) any
City Secretary, at
meeting at which the
B. A street development
and
improvement
ordinance
may be adopted
and finally passed at
the
meeting at
which it
is introduced.
Section 2.06 Tort Liability
Before the City shall be liable for damages for the death or
personal injuries of any person or for damages to or destruction of
property of any kind, which does not constitute a taking or damaging
of property under Article I. Section 17, Constitution of the State of
Texas, the person injured, if living, or his representatives, if
deceased, or the owner, his agent or attorney of the property damaged
or destroyed shall give the City Manager or City Secretary notice in
writing of such death, injury, damage or destruction, duly verified by
affidavit, within thirty (30) days after same has been sustained,
stating specifically in such written notice when, where, and how the
death, injury, damage or destruction occurred, and the apparent extent
of any such injury, the amount of damages sustained, the actual residence `.
of the claimant by street and number at the date the claim is presented„
the actual residence of such claimant for six (6) months immediately
preceding the occurrence of such death, injury, damage or destruction,
and the names and addresses of all witnesses upon whom it is relied
to establish the claim for damages. No action at law for damages shall
be brought against the City for such death, injury, damage or destruction.':
prior to the expiration of sixty (60) days after the notice hereinbefore:
described has been filed with the City Manager or the City Secretary.
After the expiration of the sixty days aforementioned, the complainant
may then have two years in which to bring an action of law.
Section 2.07 Zoning
The Council shall have full power and authority to zone the
City and to pass all necessary ordinances, rules and regulations
governing the same under and by virtue of the authority given to cities'
and legislative bodies thereof by Articles 1011a through 1011j of the
1925 Revised Civil Statutes of Texas as amended, being Acts of 1927,
40th Legislature, Chapter 283 and all amendments thereto and amendments.
which may hereafter be made thereto.
(6)
ARTICLE III
THE CITY COUNCIL
Section 3.01 Number, Selection and Term
The Council shalt be composed of the Mayor and six (6)
Councilmen. The Mayor and all Councilmen shall be elected from the
City at large, and each Councilman shall occupy a position on the
Council, such positions being numbered 1 through 6 consecutively.
The Mayor and Councilmen shall be elected in the manner provided in
Article VI of this Charter to serve for two (2) year terms.
At the first general election held under this charter, and
each even numbered year thereafter, the Mayor and three (3) Council -
shall be elected, with the Councilmen filling positions 1, 3,
and 5. The following year, and each odd numbered year thereafter,
three (3) Councilmen shall be elected to fill positions 2, 4, and 6.
Section 3.02 Qualifications
In addition to any other qualifications prescribed by law,
the Mayor and each Councilman shall meet the conditions of Section
6.02A, items 1, 2, and 3 while in office, and shall reside within
the City while in office.
Section 3.03 Judge of Election Qualifications
The Council shall be the final judge of all elections and
of qualifications of its City. members and any other elected officials of
the
Section 3.04 Compensation
Members of the Council shall serve without compensation;
provided, however, that they shall be entitled to all necessary ex-
penses incurred in the performance of their official Council duties
upon approval by the Council.
Section 3.05 Mayor and Mayor Pro-Tem
The Mayor shall be the official head of the City govern-
ment. He shall be the chairman and shall preside at all meetings of
the Council. The Mayor may vote on every proposition before the
(7)
Council, but shall have no power of veto. He shall see that all
ordinances, bylaws, and resolutions of the Council are faithfully
obeyed and enforced. He shall, when authorized by the Council, sign
all official documents such as ordinances, -resolutions, conveyances,
grant agreements, official plats, contracts, and. bonds. He shall
appoint special committees as he deems advisable and as instructed
by Council. He shall perform such other duties consistent with this
charter or as may be imposed upon him by Council.
The Mayor Pro-Tem shall be a Councilman elected by the Council
at the first regular Council meeting following each regular City election.
The Mayor Pro-Tem shall act as Mayor during the disability or absence of
the Mayor, and in this capacity shall have the rights and duties conferred
upon the Mayor.
Section 3.06 Vacancies, 5 Filling of vacancies
A. Vacancies: The office of a Councilman or office of the
Mayor shall become vacant upon his death, resignation,
removal from office in any manner authorized by law, or
forfeiture of his office.
B. Forfeiture of Office: A Councilman or the Mayor shall
forfeit his office if he:
1. lacks at any time during his 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 (3) consecutive regular Council
meetings without being excused by the Council.
C. When a vacancy shall develop, a special election shall be
called by the Council within thirty (30) days following the
occurrence of the vacancy to fill the vacancy in the same
manner as described herein for regular elections. However, .
if such vacancy occurs within one hundred twenty (120) days
prior to a regular election, then no special election shall be
called.
Notwithstanding the requirement in Section 2.10 that. a quorum
pf the Council consists of four members, if at any time the
Membership of the Council is reduced to less than four, the
remaining members may by majority action appoint additional
(8)
members to raise the membership to four. These appointees
shalI serve until the positions can be filled at the next
regular or special City election.
Section 3.07 General Powers and Duties
All powers of the City shall be vested in the Council, except
as otherwise provided by law or this charter, and the Council shall
provide for the exercise thereof and for the performance of all duties
and obligations imposed on the City by law.
Section 3.08 Prohibitions
A. Holding Other Office: Except where authorized by law, no
Mayor or Councilman shall hold any other City office or
City employment during his term as Mayor or Councilman,
and no former Mayor or Councilman shall hold any compensated
appointive City Office or City employment until one year
after the expiration of his term as Mayor or Councilman.
B. Appointments and Removals: Neither the Council or any of
its members shall in any manner dictate the appointment or
removal of any City administrative officers or employees
whom the Manager or any of his subordinates are empowered
to appoint, but the Council may express its views and fully
and freely discuss with the Manager anything pertaining to
appointment and removal of such officers and employees.
C. Interference with Administration: Except for the purpose
of inquiries and investigations under Section 3.16, the
Council or its members shall deal with City officers and
employees who are subject to the direction and supervision
of the Manager solely through the Manager, and neither the
Council nor its members shall give orders to any such officer
or employee, either publicly or privately.
Section 3.09 Meetings of Council
The Council shall hold at least two regular meetings each
month and as many additional meetings as it deems necessary to transact
the business of the City and its citizens. The Council shall fix, by
resolution, the days and times of the regular meetings. All meetings
of the Council shall be held at the City Hall of the City of Friendswood,
and all meetings shall be open to the public; however, the Council may
recess into executive session pursuant to Article 6252-17, as amended,
Texas Revised Civil Statutes. Special meetings of the Council shall be
held on the call of the Mayor or of four (4) or more Council members.
Section 3,10 Rules of Procedure
The Council shall, by resolution, determine its own rules and
order of business and the rules shall provide that citizens of the
City shall have a reasonable opportunity to be heard at any meeting in
regard to any matter under consideration. The Council shall provide
for minutes being taken and recorded of all meetings, and such minutes
shall be a public record. Voting, except on procedural motions, shall
be by roll call and the ayes and nays shall be recorded in the minutes.
Four Council members shall constitute a quorum for the purpose of
transaction of business and no action of the Council, except as provid-
ed in Section 3.06 above, shall be valid or binding unless adopted by
the affirmative vote of four or more members of the Council.
Section 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 intro-
duced 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 appropria-
tion ordinances may contain various subjects and accounts
for which monies are to be appropriated.
After adoption, an ordinance shall not be amended or re-
pealed except by the adoption of another ordinance amending
or repealing the original ordinance. Except when an ordi-
nance is repealed in its entirety, the amendatory or re-
pealing ordinance shall set out in full the ordinance,
sections, or sub -sections to be amended or repealed, and
shall indicate matter to be omitted by enclosing it in
brackets and shall indicate new matter by underscoring.
Procedure: Any member of Council may offer any ordinance
in writing that he desires after it has been approved by
the City Attorney as to form, and has been placed on the
agenda of a regular Council meeting. Copies of the proposed
ordinance,in the form required for adoption, shall be fur-
nished to members of Council a minimum of one week before
first reading. Copies of the proposed ordinance, in the form
required for adoption, shall be posted at the City Hall and
at least one other public place as shall be designated by
ordinance and shall be furnished to citizens, upon request
to the City Secretary, beginning one week before first
reading and, if amended, shall be posted and furnished in the
amended form beginning one week prior to the first reading and
for as long as the proposed ordinance is before Council.
The City Attorney shall review all proposed ordinances prior
to first reading and shall make any suggestions and/or
objections to the said ordinance in writing to the City
Council.
A proposed ordinance (except an emergency ordinance; budget/
tax ordinance; ordinance relative to street development and
improvement; and ordinances relative to borrowing for capital
improvements) shall be read at three regular Council meetings,
with at least two weeks elapsing between each reading. A
proposed ordinance may be amended on first and second reading;
however, if an amendment is made to the ordinance at the time
designated for third reading, then the third and final reading
shalI be postponed until the next regular Council meeting. The
procedure for the adoption of an emergency ordinance shall be
in accordance with Section 3.12 hereof; the procedure for the
adoption of budget/tax ordinances shall be in accordance with
Section 8,03 hereof; the procedure for the adoption of ordi-
nances relative to street development and improvement shall be
in accordance with Section 2,05 hereof; and the procedure for
the adoption of ordinances relative to borrowing for capital
improvements shall be in accordance with Section 8.05 hereof.
C. Effective Date: Every ordinance shall become effective upon
adoption, or at any later time specified in the ordinance,
except that every ordinance imposing any penalty, fine, or
forfeiture shall become effective after the caption, the
offense and penalty clauses of the ordinance have been
published in the official.. City newspaper.
D. The reading aloud of the title of the ordinance shall suffice
as a reading, provided printed copies of the ordinance,
the form required for adoption, are in front of all members
of the Council and a reasonable number of additional copies are
available to citizens present at the meeting. If two Council-
men request that the ordinance be read in its entirety, it
must be so read.
Section 3.12 Emergency Ordinances
To meet a public emergency -affecting life, health, property,
or the public peace, the Council may adopt emergency ordinances. Such
ordinances shall not levy taxes, grant or renew or extend a franchise,
or regulate the rate charged by any public utility for its services.
Neither shall they authorize the borrowing of money, except as provided
in Art. VIII, Section 8.04B. An emergency ordinance shall be intro-
duced in the form and manner generally prescribed for ordinances, except
that it shall be plainly designated in the title as an emergency ordinance
and shall contain, after the enacting clause, a declaration stating that
an emergency exists and describing it in clear and specific terms.
Such emergency clause shall require the affirmative vote of five members
elected to Council. An emergency ordinance may be adopted with or with-
out amendment or rejected at the meeting at which it is introduced. The
affirmative vote of five members elected to Council shall be required
for adoption. After adoption, the ordinance shall be numbered as re-
quired for other adopted ordinances, with the designation of "E"
following the number. After, adoption, the ordinance shall be published
as required for other adopted ordinances and shall become effective in
the same manner. Every emergency ordinance so adopted, except one
authorizing the borrowing of money as described herein, shall automati-
cally stand repealed as of the sixty-first day following the day on
which it became effective, but this shall not prevent re-enactment of
the ordinance.
Section 3.13 Codes of Technical Regulations
The Council may adopt any standard code of technical regula-
tions by reference thereto in an adopting ordinance. The procedure and
requirements governing such an adopting ordinance shall be as pre-
scribed for ordinances generally except that:
A. the requirements of Section 3.12 for distribution and filing
of copies of the ordinance shall be construed to include
copies of the code of technical regulations as well as of
the adopting ordinances, and
B. a copy of each adopted code of technical regulations as well
as of the adopting ordinance shall be authenticated and
recorded by the City Secretary pursuant to Section 3.14 A.
Copies of any adopted code of technical regulations shall be
made available by the City Secretary for distribution or for purchase
at a reasonable price.
Section 3.14 Authentication and Recording, Codification, Printing
A. Authentication and Recording: The City Secretary shall
authenticate by his signature and record in full in a
properly indexed book kept for the purpose, all ordinances
and resolutions adopted by the Council. All ordinances shall
be numbered numerically and consecutively in the order in
which adopted. This record shall be open for public inspection
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 loose-leaf form, together with this charter and any
amendments thereto, pertinent provisions of the constitution
and other laws of the State of Texas, and such codes of
technical regulations and other rules and regulations as the
Council may specify. This compilation shall be known and
cited officially as the Friendswood City Code and shall be in
full force and effect without the necessity of such code or
any part thereof being published in any newspaper. The
caption, descriptive clause, and other formal parts of the
ordinances 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 substantially the
same style as the code currently in effect and shall be
suitable in form for integration therein. The Council shall
make such further arrangements as it deems desirable with
respect to reproduction and distribution of any current
changes in or additions to the provisions of the constitu-
tion and other laws of the State of Texas, or the codes of
technical regulations and other rules and regulations in-
cluded in the code.
Section 3.15 Bonds for City Employees
The Council shall require bonds of all municipal officers and
employees who receive or pay out any monies of the City. The amount
of such bonds shall be determined by the Council and the cost thereof
shall be borne by the City.
Section 3.16 Investigation by the City Council
The Council may make investigations into the affairs of the
City and the conduct of any City department, division, or office and
for this purpose may subpoena witnesses, administer oaths, take testi-
mony and require the production of evidence. Any person who fails or
refuses to obey a lawful order issued in the exercise of these powers
by the Council shall be guilty of amisdemeanor and subject to a fine
which shall have been set, by ordinance, by the Council.
Section 3.17 Liability for Elected City Officials
Duly elected City Officials acting in their official capacity
hall
be
fromCouncil tdecisions tmade �while oinpofficial ersnal fsessions asinancial sa result �oof law suits filed pertaining to such decisions..
ARTICLE IV
ADMINISTRATIVE SERVICES
Section 4.01 City Manager
A• Appointment and Qualifications: The Council by majority
vote of entire council shall appoint a City Manager. The
method of selection shall be left to the discretion of the
City Council so long as the method insuresorderly, non-
partisan action toward securing a competent and qualified man
to fill the position. The City Manager shall be chosen solely
upon the basis of his executive and administrative training,
experience and ability and need not when appointed be a
resident of the City of Friendswood; however, during the
tenure of his office he shall reside within the City. The
City Manager shall be bonded at Cit expense in an amount of
not less than ten thousand ($1020ool dollars.
B. Compensation: The City Manager shall receive compensation
as may be fixed by the Council according to his experience,
education and training. The compensation should be agreed
upon before appointment with the understanding that the Council
may change it at their discretion.
C. Term and Removal: The City Manager shall not be appointed
for a definite term but may be removed at the discretion of
the Council, by vote of the majority of the entire Council.
The action of the Council in suspending or removing the City
Manager shall be final. It is the intention of this charter
to vest all authority and fix all responsibilities of
suspension or removal in the Council. .such
D• Powers and Duties: The City Manager shall be responsible to
the Council for the proper administration of all the affairs
of the City and to that end shall have the power and be re-
quired to:
1. See that all state laws and City ordinances are effectively
enforcedI
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.
(74) (l6}
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
asmay seem to him advisable.
7. Perform such other duties as may be prescribed by this
Charter or required of him by the Council, as consistent
with this charter.
E. Acting City Manager: The City Manager shall designate, by
letter filed with the City Secretary, a qualified administra.
tive officer of the City to perform the duties of City Manager
in his absence or disability. No member of the City Council
shall serve as Acting City Manager.
Section 4. 02 Municipal Court
A. There shall be established and maintained a court, designated
as a"Municipal Court" for the trial of misdemeanor offenses,
with all such powers and duties as are now, or may hereafter
be prescribed by laws of the State of Texas relative to
municipal courts.
8. The judge of said court shall be appointed by Council to serve
at the discretion of the Council. He shall be an attorney
licensed and practicing in the State of Texas and shall receive
such salary as may be fixed by the Council.
C. There shall be a clerk of said court appointed by the City
Dlanager with the concurrence of the Council.
D. The clerk of said court and deputies shall have the power to
administer oaths and affidavits, make certificates, affix the
seal of said court thereto, and generally do and perform any
and all acts usual, and necessary to be performed, by the
clerks of courts, in issuing process of said courts, and
conducting the business thereof.
E. In case of the disability or absence of the Judge of the
Municipal Court, the Council shall appoint a qualified person
as provided in B. above to act in his place.
F. All costs and fines imposed by the Municipal Court shall be
paid into the City Treasury for the use and benefit of the
City.
Section 4.03 Lity Attorney
The Council shall appoint a competent and duly qualified and
licensed attorney practicing law in the State of Texas, who shall be
the attorney for the City (and may also be referred to as City Attorney).
He shall receive for his services such compensation as may be fixed
by the Council and shall hold his office at the pleasure of the Council.
The City Attorney shall be the legal adviser of, and attorney for, all
of the offices and departments of the City, and he shall represent the
City in all litigation and legal proceedings: provided, that the Council
may retain special counsel at any time they deem same appropriate and
necessary. He shall review and concur or dissent upon all documents,
contracts, and legal instruments in which the City may have an interest.
The City Attorney shall perform other duties prescribed by this charter,
ordinance, or as directed by Council.
Section 4.04 City Secretary
The Council shall appoint a City Secretary who -shall act as
the Secretary to the Council and shall hold office at thepleasureof
the Council. He shall be provided an office in the City Hall sufficient
to maintain the records entrusted to his care and shall be entitled to
a at at the council table at all official meetings.
A. Duties
of
the City Secretary:
The duties of the City
Secretary
shall
be
asfollows:
1. Record the minutes of all official meetings of the Council;
provided, however, only the captions-ofduly enacted
.ordinances and resolutions shall be recorded in the minutes.
2. Be the custodian of all municipal records of the Council.
3. Recommend to the Council rules and regulations to be adopted
by ordinances to protect the safety and security of the
municipal records.
4. Hold and maintain the City Seal and affix to all instruments
requiring such seal -
8. Compensation: The Council shall set the compensation of the
City Secretary.
Section 4,05 Administrative Departments
There shall be such administrative departments as are estab-
lished by this charter and may be established by ordinance and,
excepting as otherwise provided in this charter, these administrative
departments shall be under the direction of the City Manager,
The Council shall have powerby ordinance to establish
administrative departments or offices not herein provided by this
-
charter. The Council may discontinue, redesignate, or combine any of
the departments and/or administrative offices, No changes shall be made
by the Council in the organization of the administrative service of the
City until the recommendations of the City Manager thereon shall have
been heardbythe Council,
The head of each Department shall be a director who shall
have supervision and control over his department, Two or more depart-
ments may be headed by the same individual and the City Manager may head
one or more departments, _
Section 4.06 Personnel System
A. Appointments and -Promotions: Appointmentsand-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,
6. Classified Service: No officer, employee, member of a board,
or other person, who is to be appointed by the Council under
this charter, and no department head, shall be included within
the classified service of the City,. but all other persons in
the administrative services of the City shall be included there-
in unless specifically excluded therefrom by the ordinance
providing for a system of classified services.
C. Prohibited Acts: No person employed in. the administrative
service of the City, or who seek -an appointment thereto, shall
be appointed, promoted, reduced, removed; or in any way favor
or discriminated against because of his race, sex, or his
political or religious opinions or affiliations, No appointive
officer or employee of the City shall make acontribution to
the campaign fund of any person seeking election to a City
office or to any political party supporting a candidate for
election to a City office, nor shall he be solicited for this
purpose, but his right toexpress an opinion or to cast a vote
as a citizen shall not be limited, No person seeking appoint -
to or promotion in the administrative service of the
City shall either directly or indirectly give, render, or
pay any money, service, or other valuable thing to any person
for or on account of or in connection with his appointment
or promotion, or any examination conducted therefor, Any
person who either by himself or with others wilfully violates
any provision of this section shall be ineligible for appoint-
or -election to a position in the City for a period of
four years, and if he is an officer or employee of the City
he shall immediately forfeit the office or position he holds,
Employee Pensions and Insurance: All ri gh is :and obligations
under1any plan for the payment of retirement benefits, pensions,
or disability benefits to any City employee which is in force
upon the effective date of this charter shall be unaffected
by the adoption hereof. The Council shall have the power, in
its descretion and subject to such regulations and limitations
as it may deem proper, to create, operate and contract plans
or insurance which will provide health, life, accident,
medical and hospital benefits, or any of these, for all or
any group of City employees, and to pay or contribute toward
the cost of such plan or insurance out of funds available
for that purpose,
E._ Personnel. Rules: The City Manager shall prepare personnel
rules. The Council will by ordinance adopt them with or
without amendment, These rules shall provide for:
1. Th@@ classification of all City positions, based on the
dutUs, authority and responsibility of each position,
with` equate provision for reclassification of any
positioi+,whenever warranted by changed circumstances;
2. A pay plan'for all city positions;
3. Methods for detervIning the merit and fitness of candidates
i. for appointment or -promotion;
4. The policies and procedures regulating reduction in force
and removal of employees;',.,
5, The hours of work, attendance r elations and provisions
for sick and vacation leaves;
O
6. The policies and procedures governing persons holding
provisional appointments;
7. The policies and procedures governing relation ins with
employee organizations; °ate
8. Policies regarding in-service training programs;
9. Other practices and procedures necessary to the
administration of the City personnel system.
ARTICLE V
INITIATIVE, REFERENDUM & RECALL
Section 5,01 General Authority
A. Initiative: The qualified voters of the City shall have the
power to propose ordinances to the Council and, if the
Council fails to adopt an ordinance so proposed without any
change in substance, to adopt or reject it at a city elec-
tion, provided that such power shall not extend to the
budget, or capital program or any ordinance relating to
appropriation of money, levy of taxes or salaries of city
officers or employees.
Such initiative power may be used to enact a new ordinance,
or to repeal or amend sections of an existing ordinance.
B. Referendum: The qualified voters of the City shall have the
power to require reconsideration by the Council of any
adopted ordinance and, if the Council fails to repeal any
ordinance so reconsidered, to approve or reject it at a City
election, provided that such power shall not extend to the
budget or capital program or any properly enacted emergency
ordinance, ordinance relating to appropriation of money or
levying of taxes or ordinance relating to the control of
armed or violent insurrection, revolt, rebellion or riot.
Section 5.02 Initiation of Proceedings; Petitioners' Committee;
Affidavit
Any five qualified voters may begin initiative or referendum
proceedings by filing with the City Secretary an affidavit stating they
constitute the petitioners' committee and will be responsible for cir-
culating the petition and filing it in proper form; stating their names
and addresses and specifying the address to which all notices to the
committee are to be sent, and setting out in full the proposed initia-
tive ordinance or the ordinance sought to be reconsidered.
Immediately after the affidavit of the petitioners' committee
is filed the City Secretary shall issue the appropriate petition blanks
to the petitioners' committee.
D. Time for Filing Petitions: Referendum petitions must be
petitioners' committee has been filed within thirty days after adoption by the Council of
After the affidavit of the
P the ordinance sought to be reconsidered. Initiative
filed, the ordinance sought to be amended or repealed shall not be re- petitions must be filed within thirty days after issuance
pealed, or amended or re-enacted by the Council unless: of the appropriate petition blanks to the petitioners'
A. The action taken by Council is that which the petition ,. committee. Additional time as specified in Section 5.04,
requests, or E., shall be allowed for amending petitions.
B.
The petition has not been filed within the prescribed time
. Section 5,04
Determination of Sufficiency
limit, or
A.
Certificate of City Secretary: Within ten days after the
C.
There is a final determination of the insufficiency of the
!
petition is filed, the City Secretary shall complete a
petition, or
certificate as to its sufficiency, specifying, if it is
'',,
insufficient, the particulars wherein it is defective and
D.
The petition is withdrawn by the petitioners' committee, or
shall immediately upon completion of certification send a
-
copy of the certificate to the petitioners' committee by
E.
One year has elapsed since Council or voter action has been
',.
registered mail.
taken on the petition, or
'..
B.
Sufficient Petition, Final Determination: If the petition
F.
The ordinance sought to be amended or repealed relates to
is certified sufficient, the City Secretary shall present
the control of insurrection or riot.
'..
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.
Section
5,03 Petitions
C.
Insufficient Petition, Final Determination: If a petition
A.
Number of signatures: Initiative and referendum petitions
is certified insufficient, and the petitioners' committee
must be signed by currently qualified voters of the City
''.
does not elect to amend or request council review under
equal in number to at least ten percent (10%) of the total
sub -sections D. and E. of this section within the time
number of qualified voters registered to vote at the last
required, the City Secretary shall present a certificate
regular City election.
to the Council by the next Council meeting which shall be
a final determination of the sufficiency of the petition.
B.
Form and Content: All papers of a petition shall be uniform
in size and style and shall be assembled as one instrument
''. D.
Insufficient Petition, Appeal: If a petition has been
for filing. To be certified, each signature shall be the
certified insufficient and the petitioners' committee does
same as the name of a voter appearing on the current certi-
'..
not file notice of intention to amend it as in Section
fied list of voter registrations, shall have been personally
',.
5,04 E., the committee may, within two working days after
signed by such voter in ink, and shall be followed by the
receiving the copy of such certificate, file a request that
address of the person signing. Petitions shall contain or
'..
it be reviewed by the Council. The Council shall review the
have attached thereto throughout their circulation the full
certificate at its next meeting following the filing of such
text of the ordinance proposed or sought to be reconsidered.
'..
request and approve or disapprove it, and the Council's
determination shall then be a final determination as to the
C.
Affidavit of Circulator: When filed, each paper of a
sufficiency of the petition.
petition shall have attached to it an affidavit executed by
the circulator thereof stating that he personally circulated
E:
Insufficient Petition, Amending: A petition certified in -
the paper, the number of signatures thereon, that all the
'..
sufficient for lack of required number of valid signatures
signatures were affixed in his presence, that he believes
may be amended once if the petitioners' committee files a
them to be the genuine signatures of the persons whose names
notice of intention to amend it with the City Secretary
they purport to be and that each signer had an opportunity
before signing to read the full text of the ordinance pro-
posed or sought to be reconsidered.
(23)
(22)
within two working days after receiving the copy of his
certificate, and files a supplementary petition with addi-
tional names within two weeks after receiving the copy of
such certificate. Such supplementary petition shall comply
with the requirements of Sections 5.03 B. and C.
Within five days after an amended petition is filed, the
City Secretary shall complete a certificate as to the
sufficiency of the petition as amended and shall within
twenty-four hours send a copy of such certificate to the
petitioners' committee by registered mail as in the case of
an original petition. The final determination as to the
sufficiency of an amended petition shall be determined in
the same manner as prescribed for original petitions in
Sections 5,04 B, C, and D., except that no petition, once
amended, may be amended again.
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 determina-
tion of insufficiency, even if sustained upon court review,
shall not prejudice the filing of a new petition for the
same purpose.
Section 5.05 Action on Petitions
Action by Council: Council shall promptly consider the pro-
posed initiative ordinance in the manner prescribed for
enacting ordinances or reconsider the referred ordinance by
voting its repeal. Within sixty days after the date the
initiative or referendum petition has been finally determined
sufficient Council shall either (I) adopt a proposed initiative
ordinance without any change in substance, or (2) repeal a
referred ordinance, or (3) call an election on the proposed or
referred ordinance, said election to be held not later than
thirty days from date called.
B. Submission to Voters: The vote of the City on a proposed or
referred ordinance shall be held not later than 30 days from
the date called by Council, except that when a regular City
election is to be held within 120 days, but not less than
thirty days, after the final Council vote, the vote on the
ordinance shall be held at the same time as the regular City
election.
Copies of the proposed or referred ordinance whall be made
available at the polls and shall also be made available at the
City Office for fifteen days immediately preceding the election
(24)
and shall be posted at the regular posting places for
fifteen days immediately preceding the election.
C. Withdrawal of Petitions: An initiative or referendum petition
may be withdrawn at any time prior to the 20th day preceding
the day scheduled for a vote of the City by filing with the
'.. City Secretary a request for withdrawal signed by at least
four members of the petitioners' committee. Upon filing of
such request the petition shall have no further force or
effect and all proceedings thereon shall be terminated.
Section 5,06 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 elec-
tion results and shall be treated in all respects in the same
manner as ordinances of the same kind adopted by Council. If
conflicting ordinances are approved at the same election, the
one receiving the greatest number of affirmative votes shall
prevail to the extent of such conflict.
B. 'Limitation of Council Repeal: The Council may not repeal or
amend the initiated ordinance for one year after the effec-
tive date and then only by the affirmative vote of five (5)
members of the Council.
C. Referendum: If a majority of the qualified electors voting
on a referred ordinance vote against it, it shall be con-
sidered repealed upon certification of the election results.
Section 5,07 Power of Recall
The qualified voters shall have the power to recall any
'.. elected official of the City on grounds of incompetency, noncompliance
with this charter, misconduct or malfeasance in office. Such power
'.. shall be exercised by filing with the City Secretary a petition, signed
by currently qualified voters of the City equal in number to at least
ten percent (10%) of the total number of qualified voters registered to
vote at the last regular City election, demanding the removal of such
elected official. The petition shall be signed and verified in the.
manner required for an initiative petition.
Section 5.08 Recall Election
The provisions regulating initiation, certification, amendment
(25)
and withdrawal of initiative petitions shall apply to recall petitions.
If the petition is certified by the City Secretary to be sufficient,
the Council shall order an election forthwith to determine whether such
officer shall be recalled.
Section 5.09 Results of Recall Election
If a majority of the votes cast at a recall election shall
be against removal of the elected official named on the ballot, he
shall continue in office. If the majority of the votes cast at the
election be for the removal of the elected official named on the ballot
the Council shall immediately declare his office vacant and such
vacancy shall be filled in accordance with the provisions of this
charter for the filling of vacancies. Anelectedofficial thus removed
shall not be a candidate to,succeed himself.
Section 5,10 Limitation on Recall
No recall petition shall be filed against an elected official
within six months after he takes office, and no elected official shall
be subjected to more than .one recall election during a term. of office.
Section 5.11 Public Hearing
The elected official whose removal is sought may-, within
five days after,such recall petition has been presented to the Council,
request that a public hearing be held to permit him to present facts
pertinent to the charges specified in the recall petition. In this
event, the Council shall order such public hearing to be held, not less
than five days nor more than fifteen days after.receiving such. request
for a public hearing.
Section 5.12. 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 ref-
erence 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
Section 6.01 City Elections
1, A. Schedule. The regular City Election will be held annually
on the first Saturday in April. The Council shall be
f i�( responsible to specify places for holding such election.
B. Special Elections. The Council may, by resolution, order a
special election under conditions specified in 3.06C, or for
ordinances, bond issues, charter amendments, recall or other
purposes deemed appropriate by Council. The Council will fix
time and places for holding such special elections, and pro-
vide all means for holding same.
C. Voter Eligibility List. A certified list of voter registrants
within the City, consistent with the official list prepared
by the County Tax Assessor -Collector, shall be maintained
current by the City Secretary. If for a purpose relating
only to a City election or to candidates or issues involved
in such election, any organization, group or person requests
a list of qualified voters of the City, permission to copy
the current list shall be granted by the City Secretary,
D. Conduct and Regulation of Elections. All City" electionsjshall
be governed by the Constitution of the State of Texas,.general
laws of the State, this charter, and ordinances of the City,
in the order named. Municipal.. elections shall be conducted
by the election official_ss appointed" -or ap-ed by
�ivthe Council.
Sample e-er-the
Section 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 months preceding
the election within the corporate limits of the City,
including territory annexed prior to the filing deadline.
3.
Shall
not be in arrears in
the
payment of any taxes or
other
liabilities due the
City.
4. Shall meet the requirements for sponsors stipulated in
Section 6.02E below.
5. An incumbent seeking election must file for the same office
or position number presently serving. If incumbent seeks
another office or position number, he must first resign.
6. No candidate may file for more than one office or position
number per election.
7. No employee of the City shall continue in such position
after becoming a candidate for an elective office.
B. Procedure and Schedule for Filing. Any qualified voter of the
City may be nominated for an elective office by petition of ten
such voters who shall be designated as his sponsors. No voter
shall sign more than one petition for aAP%4*ctrba� offfce�Aor•.
position number; if a voter signs more than one, his signature
shall be void except as to the first filed of the petitions
signed by him. The signatures shall be executed in ink or
indelible pencil. Each signer shall indicate next to his signa-
ture the date of his signing and the place of his residence.
The signed petition shall be filed with the City Secretary not
earlier than 90 days or later than the normal posted close of
business 30 days before the election.
C. Certification of Petition.' Within five days after the filing
of a nominating petition, the City Secretary shall notify the
candidate whether or not the petition satisfied the require-
ments prescribed by this charter. If a petition is found
insufficient, the City Secretary shall return it immediately
to the candidate with a statement certifying wherein it is
insufficient. Within the regular time for filing petitions,
a new petition may be filed by the same candidate. The City
Secretary shall keep on file all petitions found sufficient
at least until the expiration of the term of which the candi-
dates are nominated in those petitions.
D. Public Disclosure. Candidates shall file with the City Secretary
21 days prior to day of election a financiAl disclosure statement
containing the following information. This should include
information pertaining to the candidate, his or her spouse,
and dependent minor children.
1. List of all property owned or held in trust within the
City limits and extraterritorial jurisdiction of the City.
This list should include location (addres5), size (general
dimensions) and current use.
;m)
List of all fees, salaries or gifts of value exceeding
$10.00 received from companies or individuals under
contract with the City during the twelve months prior to
ng for public office.
3. Ownership ofany stockin companies under contract to the
City when such stock comprises greater than 2% of the
company's total outstanding stock.
Section 6.03 .Official Ballots
A. Names on Ballot. The full names of all candidates nominated
for office, except those who have withdrawn, died or become
ineligible, shall be printed on the official ballots without
party designation or symbol. If two or more candidates have
the same surname or surnames so similar as to be likely to
cause confusion, their residence addresses shall be printed
with their names on the ballot.
B.. Order of Listing. The order on the ballot of the names of
the candidates shall be determined by lot.in a drawing to
be held under the supervision of the City Secretary.
C. Absentee Ballots. Procedures for voting by absentee ballot
shall be consistent with current edition of Texas Election
Laws,
D. Ballots for Ordinances, Bond Issues, and Charter Amendments.
An ordinance, bond issue or charter amendment, to be voted
on by the City shall be presented for voting by ballot title.
The ballot title of a measure may differ from its legal title
and shall be a clear, concise statement, approved by majority
of the whole Council, describing the substance of the measure
without argument or prejudice. Below the ballot title shall
appear the following question: "Shall the above described
(ordinance) (bond issue) (amendment) be adopted?" Immediately
below or to the left of such question shall appear, in the
.following order, the words"Yes" and "No" each with a square
in which the voter may cast his vote by marking a cross (X).
E. Write -In Votes. Procedures for write-in votes shall be con-
sistent with current edition of Texas Election Laws,
Section 6.04 .Canvassing and Election Results
A. Canvassing. The. returns of every municipal election shall
be delivered from the election judges to the City -Secretary
at City Hall not later than twelve (12) hours after the
l29)
closing of
the polls.
One
extra copy
shall be delivered
for the Mayor at this
time.
The Council shall canvass the
returns in
sufficient
time
to declare
the official results
of the election at the
next
regular Council meeting after the
closing of
the polls.
The
returns of
every municipal elec-
tion shall
be recorded
in the
minutes
of the Council, by
totals for
each candidate,
or, for or
against each issue
submitted.
B. Majority. A majority vote for an elective office is that
number of votes which is a majority of the total number of
valid ballots cast for the office concerned. Any candidate
for elective office who received a majority vote shall be
declared elected. If none of the candidates for an elective
position receives a majority vote, none of such candidates
shall be elected.
Run -Off Election. In the event no candidate for an elective
office receives a majority of the votes cast for that
position in the regular or special election or there is a
tie for first place, a run-off election shall be held among
the candidates who received the greatest number of votes for
the first two .places. Such run-off election shall be held
three(3) weeks following the preceding regular or special
election.
Notification and Taking Office. It shall be the duty of
the City Secretary to notify all persons elected. A
candidate who is elected in the regular City election or
special election shall take office and enter upon his
duties after qualifying by taking and subscribing to his
oath of office at the next regular Council meeting after
closing of the polls.
Section 6.06 Oath of Office
Every officer of the City, whetherelected or appointed,
before entering upon the duties of office, shall take and subscribe
to the appropriate oath or affirmation to be filed and kept in the
office of the City Secretary:
For Elected Officers:
"I do solemnly swear (or affirm) that I will faith-
fu y exeTl cute t.�duties of the office of of the
City of Friendswood, State of Texas, and will to the best of my
ability preserve, protect, and defend the Constitution and. Laws of
the United States of America and of this State and the Charter and
(30)
Ordinances of this City. I furthermore solemnly swear (or affirm)
that I have not directly nor indirectly paid, offered, or promised to
pay, contributed, or promised to contribute any money or valuable
thing, or promised any public office or employment, as a reward
for the giving or withholding a vote at the election at which I was
elected. So help me God."
For Appointed Officers:
"I , do solemnly swear (or affirm) that I will
faithfully execute the duties of the office of ,of the
City of Friendswood, State of Texas, and will to the best of my ability
preserve, protect, and defend the Constitution and Laws of the United
States of America and of this State and the Charter and Ordinances of
this City. I furthermore solemnly swear (or affirm) that I have not
directly nor indirectly paid,. offered, or promised to pay, contributed,
nor promised to contribute any money or valuable thing, or promised
any public office or employment, as a reward to secure my appointment
or the confirmation thereof. So help me God."
(31)
ARTICLE VII
7 TAX ADMINISTRATION last known address by depositing the same, postage paid, -in
i the United States mail, notifying him of such change and
�. advising him that he may appear before the Tax Assessor -
Section 7.01 Division of Tax Administration Collector and/or the Board of Equalization to protest such
E` There shall be established an Office (department) of change.
Taxation, to assess and collect taxes, the director of which shall be E. In all cases where no rendition is made by the owner thereof,
the City Assessor and Collector. the City Assessor and Collector shall ascertain the amount
and value of such property and assess the same, and such
assessment shall be as valid and binding as if the property
Section 7,02 Power to Tax involved had been rendered by such owner, provided that if
The Council of the City shall have the power, and is hereby the City Assessor and Collector shall assess any such
property which has not previously been assessed, or if he
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 shall assess any such property at a higher valuation from
as they now exist or as they may. be amended, on each $100 assessed that shown on the last preceding tax roll, he shall give
valuation of all property having a situs within the corporate limits notice of such assessment or such change in assessment, as
of the City and not exempt from taxation by the Constitution and. laws above provided.
of the State of Texas. F. The City Assessor and Collector shall assess property which
has been omitted from assessment in prior years upon a
current supplemental assessment roll. The taxes upon such
Section 7,03 Assessment of Property for Tax Purposes supplemental assessments shall be due at once and if not
paid within sixty days thereafter, shall be deemed delin-
All property having a situs within the corporate limits of quent and shall be subject to the same penalty and interest
the City on January 1 of each year, not expressly exempted by law, as other delinquent taxes for such year,
shall be subject to taxation by the City for such year, to wit:
l: G. In addition to the powers granted by this Section, the City
A. The Council shall prescribe the mode and manner of making Assessor and Collector shall have the same power as County
renditions, tax lists, assessments, and tax rolls. Tax Assessors and Collectors in Texas to make reassessments,
B. Every person, partnership, association, or corporation
holding, owning, or controlling property within the limits toting the year or years for which it is assessed.
all at the same value and tax rates as such property should
have been assessed and taxed for the past years and indi-
of the City shall between January 1 and April 1 of each
year, file with the City Assessor and Collector a full and
complete sworn inventory of such real and personal property Section 7.04 Board of Equalization; Appointment, Qualifications
held, owned, or controlled within said limits on January 1
of each year. Each year, prior to May 15, the Council shall appoint a
Board of Equalization composed of no fewer than three (3) nor more
C. The Council shall prescribe by ordinance the mode and manner than five l5) persons who shall be qualified voters and real property
of making such inventories, and penalties for failing or re- owners in the City, none of whom shall be employees, officers, or
fusing to submit the same. - members of the Council. At the same meeting that the Council appoints
such Board, it shall fix the time and place of the first meeting of
D. The City Assessor and Collector shall review all renditions such Board., which shall be not later than the first day of June. The
made to him and determine the value of the property referred City Assessor and Collector or such person appointed by the City
and fix the value thereof for tax purposes. If the Assessor v Manager shall act as secretary to said Board. A majority of said
fixes a value higher than that shown on the owner's rendition, Board members qualified and serving shall constitute a quorum for the
he shall give written notice thereof to such owner at his transaction of business. Members of said Board, while serving, shall
receive such compensation as may be provided by the Council and shall
perform no other duties for the City. The Board of Equalization shall
(32)
(33)
have such powers as enumerated herein and such additional powers as
may be prescribed by ordinance, and statutes of the State of Texas as
now or hereafter amended; and shall be governed by such rules and
requlations as may be prescribed by ordinance, but may adopt such
further rules and regulations of its own which are not in conflict
with any City ordinance or law of the State of Texas.
Fl. powers and Outies
1. To elect a Chairman from its membership who shall pre-
side at all meetings of the Board.
2. To adopt regulations regarding the procedure of
assessment review.
3. To, after its first meeting, adjourn and reconvene as
necessary to perform its duties.
4. To review, on complaint of property owners, assessments
made by the Tax Assessor -Collector for the purpose of
taxation of both real and personal property within the
City.
5. To hold hearings, administer oaths and take testimony.
5. To compel the production of all books, documents and
other papers pertinent to the investigation of taxable
values of any person, firm or corporation having or
owninq property within the corporate limits of the City
subject to taxation and to punish for contempt as pro-
vided by ordinance.
7. To correct any errors that may appear on the City
Assessor-Collector's lists or books.
8. To examine, and if necessary, revise the assessments as
presented by the Tax Assessor and Collector to the end
that all property within the City shall be assessed as
fairly and uniformly as possible.
9. Whenever the Board shall find it their duty to raise
the value of any property appearing on the lists or
books of the Assessor and Collector, it shall, after
having examined such lists and books and corrected all
errors appearing therein, adjourn to a day not less
than ten (10) nc; more than fifteen (15) days from the
date of adjournment and shall cause the Secretary of
the Board to give written notice to the owner of said
(34)
property or to the person rendering same, of the time
to which the Board has adjourned and that such owner or
person rendering said property may at any time appear
and show cause why the value of said property should
not be raised. Such notice shall be served by address-
ing same to such person's last known address and
depositing same, postage paid, in the United States mail.
10, To give notice of the date, time and place of all public
meetings of the board at least ten (10) days prior to
such meeting(s) by advertising same in the official
newspaper of the City.
B. Records: Certifications and Adoption: The Board shall be
required to keep an accurate record of all its proceedings
which shall be available for public inspection. Immediately
upon completion of its work the Board shall certify its
approval of the assessment rolls which shall be returned to
the Council, which shall in turn approve said rolls as return-
ed to it and shall thereupon certify and adopt the same as
the assessment rolls to be used for the collection of taxes
for the current year, Should the Council fail to certify
and adopt the tax rolls at the Councilmeeting where such
tax rolls are submitted, `same shill- bedeemedto have been
finally certified and adopted by -the Council and same shall
be and 'become 'the valid' tax rolls of the City, The tax
Assessor and Collector shall thereafter cause tax statements
to be mailed to each person, firm or corporation named upon
the tax rolls.
Section 7,05 Taxes, When Due and Payable
All taxes due the City shall be payable at the office of the
City Assessor -Collector and may be paid at any time after the tax rolls
for the year have been completed and approved, which shall be not later
than October 1. Taxes shall be paid before February 1, and all such
taxes not paid prior to such date shall be deemed delinquent and shall
be subject to such penalty and interest as the Council may provide by
ordinance. Failure to levy and assess taxes through omission in pre-
parationof.the-approved tax roll shall not relieve the person, firm
or corporation so omitted from obligation to pay such current or past
due taxes shown to be payable by recheck of the rolls and receipts for
the years in question, unless otherwise provided by law.
"- Section 7.06 Tax Liens and liabilities
All property, having a situs in the City on the first day of
January of each year shall stand charged with a pecial lien in favor
of the City from said date for the taxes due thereon.. The liens provided
(35)
herein shall be superior to all other liens except other tax liens
regardless of when such other liens were created. All persons pur-
chasing any of said property on or after the first day of January in
any year shall take same subject to the liens herein provided. In
addition to the liens herein provided on the first day of January of
any year the owner of property subject to taxation by the City shall
be personally liable for the taxes due thereon for such year. The City
shall have power to sue for and recover personal judgment for taxes
without foreclosure, or to foreclose its lien or liens, or to recover
both personal judgment and foreclosure. In any such suit where it
rollsristinsuffat icientrtotion of identifynsuchoproperty,in ttheCCi yassessment
have
the right to plead a good description of the property to be assessed,
to prove the same, and to have its judgment foreclosing the tax lien
or for personal judgment against the owners for such taxes.
Section 7.07 Joint Interest in Property
The City Assessor and Collector shall not be required to make
separate assessments of joint or conflicting interests in any real
estate. It is provided, however, that the owner of any such interest
may furnish to the City Tax Assessor and Collector at any time before
April 1 of each year a written description of any parcel of land in
which he has an interest less than the whole, showing the amount of
his interest therein, and the Assessor and Collector may thereupon
assess such interest as a separate parcel.
The City Tax Assessor and Collector may receive the taxes on
part of any lot or parcels of real estate or an undivided interest
therein, but no such taxes shall be received until the person rendering
the same shall have furnished the Assessor and Collector a full
description of the particular part or interest on which payment is
tendered.
Section 7.OS Arrears of Taxes Offset to Oebt 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 i
of taxes so in arrears to the City for taxes, in the amount
n 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.
Section 7.09 Tax Remission Discount and Compromise, Correction of Error
Except as herein provided, neither the Council nor any other
official of the City shall extend the time for payment of taxes nor re-
mit, discount or compromise any tax legally due the City, nor waive the
penalty and interest that may be due thereon to any persons, firms or
corporations owing taxes to the City for such year or years; provided,
however, that this provision shall not prevent the compromise of any
tax suit, or the correction of any errors in assessment, or preparation
of tax rolls, or preparation of a tax statement. Such compromise or
correction of errors shall first have the approval of the Council by
majority vote of all Councilmen qualified and serving.
Section 7.10 Other Rules and Regulations
Except as otherwise provided by law or this charter, the
Council shall have the power to provide by ordinance such rules,
regulations and mode of procedure to enforce the collection by and
payment to the City Assessor and Collector as it may deem expedient,
and may provide such penalties for the failure to pay such taxes as it
may deem expedient.
ARTICLE VIII
FINANCIAL ADMINISTRATION
3.
A separate schedule for each department, indicating
tasks to be accomplished by the department during the
year, and additional desirable tasks to be accomplished
Section
8,01 Fiscal Year
if possible.
The fiscal year of the City shall begin on the first day of
4.
A statement of the total probable income of the City from
October
and end on the last day of September.
taxes for the period covered by the estimate.
Be
Tax levies, rates, and collections for the preceding five
Section
8,02 Public Record
years.
Copies of the budget as adopted shall be public records and
6.
An itemization of all anticipated revenue from sources
shall be made available to the public upon request,
other than the tax levy.
7.
The amount required for interest on the City's debts,
Section
8,03 Annual Budget
for sinking fund and for maturing serial bonds.
A.
Content: The budget shall provide a complete financial plan
8.
The total amount of outstanding City debts, with a
of all city funds and activities and, except as required by
schedule of maturities on bond issue,
law or this charter, shall be in such form as the manager
deems desirable or the Council may require. A budget message
9.
Such other information as may be required by the Council.
explaining the budget both in fiscal terms and in terms of
the work programs shall be submitted with the budget. It
10,
Anticipated net surplus or deficit for the ensuing fiscal
shall outline the proposed financial policies of the City for
year of each utility owned or operated by the City and
the ensuing fiscal year, describe the important features of
the proposed method of its disposition; subsidiary budgets
of the budget, indicate any major changes, from the current
for each such utility giving detailed income and expendi-
year in financial policies, expenditures, and revenues, with
ture information shall be attached as appendices to the
reasons for such changes. It shall also summarize the City's
budget,
debt position and include such other material as the manager
deems desirable. The budget shall begin with a clear general
11.
A Capital Program, which may be revised and extended
summary of its contents; shall show in detail all estimated
each year to indicate capital improvements pending or in
income, indicating the proposed property tax levy, and all
process of construction or acquisition, and shall include
proposed expenditures, including debt service, for the ensuing
the following items:
fiscal year. The proposed budget expenditures shall not
exceed the total of estimated income. The budget shall be
a. A summary of proposed programs;
so arranged as to show comparative figures for actual and
estimated income and expenditures of the current fiscal year
b. A list of all capital improvements which are proposed
and actual income and expenditures of the preceding fiscal
to be undertaken during the five fiscal years next
year, compared to the estimate for the budgeted year. It
ensuing, with appropriate supporting information as
shall include in separate sections:
to the necessity for such improvements;
1. An itemized estimate of the expense of conducting each
-c. Cost estimates, method of financing and recommended
department, division and office.
time schedules for each such improvement; and
2. Reasons for proposed increases or decreases of such items
d. The estimated annual cost of operating and maintaining
of expenditure compared with the current fiscal year.
the facilities to be constructed or acquired.
B. Submission:
On or before the first day of August of each year,
the
manager shall submit to the Council a proposed budget and
(38)
(39)
an accompanying message. The Council shall review the pro-
posed budget and revise as deemed appropriate prior to
general circulation for public hearing.
C. Public Notice and Hearing: The Council shall post in the
City Hall and publish in the official newspaper a general
summary of their proposed budget and a notice stating:
1. The tines and places where copies of the message and
budget are available for inspection by the public, and
2. The time and place, not less than two weeks after such
publication, for a public hearing on the budget.
D-. Amendment Before Adoption: After the public hearing, the
Coun_il may adopt the budget with or without amendment. In
amending the budget, it may add or increase programs or
amount; 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
amoun4. greater than the total of estimated income plus funds
available from prior years.
E. Adoiti on: The Council shall adopt the budget 6y ordinance
on one reading on or before the 15th day of September. Adoption
of thebudget will require an affirmative vote of at least
a majority of all the members of the whole council, Adoption
of the budget shall constitute appropriations of theamountsspecified therein as expenditures from the funds indicated
and shall constitute a levy of the property tax therein
proposed.
Failure to Adopt: If the Council fails to adopt the budget
6y the 15 th day of September the amounts appropriated for the
current fiscal year shall be deemed adopted for the ensuing
fiscal year on a month to month basis with all items in it
pro -rated accordingly until such time as the Council adopts
a budget for the ensuing fiscal year. The levy of property
tax normally approved as a part of the budget adoption will
be set to equal the total current fiscal year tax receipts,
unless the ensuing fiscal year budget is approved by
September 15 of the current fiscal year.
Section 8.04 Amendments After Adoption
A. Supplemental Appropriations:
If
during the
fiscal year the
manager certifies that there
are
available
for appropriation
revenues in excess of those estimated in the budget, the
Council by ordinance may make supplemental appropriation
for the year up to the amount of such excess.
Emergency Appropriations: To meet a public emergency created
by a natural disaster or man-made calamity affecting life,
health, property, or the public peace, the Council may make
emergency appropriations, not to exceed 10% of the current
fiscal year's budgeted receipts. Such appropriations may be
made by emergency ordinance in accordance with the provisions
of this charter. To the extent that there are no available
unappropriated revenues to meet such appropriations, the
Council may by such emergency ordinance authorize the issu-
ance of emergency notes, which. may be renewed from time to
time.
C. Reduction of Appropriations: If at any time during the
fiscal year it appears probable to the manager that the revenues
available will be insufficient to meet the amount appropriated,
he shall report to the Council without delay, indicating the
estimated amount of the deficit, any remedial action taken
by him and his recommendations as to any other steps to be
taken. The Council shall then take such further action as it
deems necessary to prevent or minimize any deficit and for that
purpose it may by ordinance reduce one or more appropriations.
D. Transfer of Appropriations: At any time during the fiscal
year the manager may transfer part or all of any unencumbered
appropriation balance among programs within a department,
division, or office and, upon written request by the manager,
the Council may by ordinance transfer part or all of any un-
encumbered appropriation balance from one department, office
or agency to another.
E. Limitations: No appropriation for debt service may be reduced
or transferred, and no appropriation may be reduced below any
amount required by law to be appropriated or by more than the
amount of the unencumbered balance thereof.
F. Effective Date: The supplemental and emergency appropriations
and reduction or transfer of appropriations authorized by this
section may be made effective immediately upon adoption of
the ordinance.
Section 8.05 Borrowing for Capital Improvements
Borrowing. The Council shall have the power, except as pro-
hibited by law, to borrow money by whatever method it may deem
to be in the public interest.
(40) (41)
8. General Obligation Bonds, The City shall have the power to
borrow money on the credit of the City and to issue general
obligation bonds for permanent public improvements or for
any other public purpose not prohibited by the Constitution
and laws of the State of Texas, and to issue refunding bonds
to refund outstanding bonds of the City previously issued.
All such bonds shall be issued in conformity with the laws
of the State of Texas.
Revenue Bonds. The City shall have the power to borrow
money for the purpose of constructing, purchasing, improv-
ing, extending or repairing of public utilities, recreational
facilities or any other self-liquidating municipal function
not prohibited by the Constitution and laws of the State of
Texas, and to issue revenue bonds to evidence the obligation
created thereby. Such bonds shall be a charge upon and pay-
able from the properties, or interest therein pledged, or the
income therefrom, or both. The holders of the revenue bonds
shall never have the right to demand payment thereof out of
monies raised or to be raised by taxation. All such bonds
shall be issued in conformity with the laws of the State of
Texas.
D. Bonds Incontestable. All bonds of the City having been
issued and sold and having been delivered to the purchaser
thereof, shall thereafter be incontestable and all bonds
issued to refund in exchange for outstanding bonds previously
issued shall and after said exchange, be incontestable.
E. The procedure for adoption of any ordinance relative to
borrowing for capital improvements shall be:
A copy of the proposed ordinance shall be furnished to
(1) each member of the City Council, (2) the City Attorney,
and (3) any citizen of the City upon request to the City
Secretary, at least three days before the date of the
meeting at which the ordinance is to be considered.
2. Any ordinance relative to borrowing for capital improve-
ments may be adopted and finally passed at the meeting at
which it is introduced.
Section 8.06 Lapse of Appropriations
Every appropriation, except an appropriation fora 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
(42)
it was made has been accomplished or abandoned; the purpose of any
such. appropriation shall be deemed abandoned if three years pass with -
any disbursement from or encumbrance of the appropriation.
Section 8.07 Administration of Budget
Payments and Obligations Prohibited: No payment shall be
made or obligation incurred against any allotment or
appropriation except in accordance with appropriations duly
made and unless the manager or his designee first certifies
that there is a sufficient unencumbered balance in such
allotment or appropriations and that sufficient funds there -
are or will be available to cover the claim or meet the
obligation when it becomes due and payable. Any authoriza-
tion of payment or incurring of obligation in violation of
the provisions of this charter shall be void and any payment
so made illegal. Such action shall be cause for removal of
any officer who knowingly authorized or made such payment or
incurred such obligations, and he shall also be liable to the
City for any amount so paid. However, this prohibition shall
not be construed to prevent the making or authorizing of pay-
ments or making of contracts for capital improvements to be
financed wholly or partly by the issuance of bonds, time
warrants, certificates of indebtedness, or certificates of
obligation, or to prevent the making of any contract or
lease providing for payments beyond the end of the fiscal
year, provided that such action is made or approved by
ordinance.
B. Financial Reports: The Manager shall submit to the Council
at its first formal meeting each month the financial condi-
tion of the City by budget item, budget estimate versus
accurals for the preceding month and for the fiscal year to
date. The financial records of the City will be maintained
on an accural basis to support this type of financial
management.
C. Independent Audit: At the close of each fiscal year, and
at such times as it may be deemed necessary, the Council
shall cause an independent audit to be made of all accounts
of the City by a certified public accountant. The certified
public accountant so selected shall have no personal interest,
directly or indirectly in the financial affairs of the City
or any of its officers. Upon completion of the audit, the
results thereof in a summary form shall be placed on file
in the City Secretary's office as a public record and in the
Friendswood Public Library for the public's information.
(43)
Section 8,08 Purchasing
All purchases made and contracts executed by the City shall
be made in accordance with the requirements of the Constitution and
Statutes of the State of Texas.
ARTICLE IX
FRANCHISES AND PUBLIC UTILITIES
Section 9.01 Powers of the City
In addition to the City's power to b'uy, construct, lease,
maintain, operate, and regulate public utilities and to manufacture,
distribute, and sell the output of such utility operations, the City
shall have such further power as may now or hereafter be granted
under the Constitution and Laws of the State of Texas.
Section 9.02 Powerto Grant Franchise
- The Council shaTlhave thepower 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
granLed for a term of more than thirty years from the date of the grant,
renewal, or extension.
Section 9.03 Ordinance Granting Franchise
Every ordinance granting, renewing, extending or amending a
public uti.lityfranchise shall be read at three (3) regular meetings
of the Council. Within seven (7) days following the first reading of
the ordinance, the full text of the ordinance shall be published one
time in the official newspaper, and the expense of such publication
shalI be borne by the prospective franchise holder.
Section 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.
Section 9.05 Transfer of Franchise
I- No public utility franchise shall be transferable except with
the approval of the Council as expressed by ordinance. The term
"transferable," as used herein, shall not be construed in such a manner
as to prevent the franchise holder from pledging said franchise as
security for a valid debt or mortgage.
(44) (45)
Section 9.06 Franchise Value Not to be Allowed
In fixing reasonable rates and charges for utility service
within the City and in determining the just compensation to be paid
by the City for public utility property which the City may acquire by
condemnation or otherwise, nothing shall be included as the value of
any franchise granted by the City under this charter.
Section 9.07 Right of Regulation
All
utility franchises.grants, whether ait�bexsonprovided rinmthe mordinance uor�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 tine prescribed
or otherwise to comply with the terms of the franchise, such
power to be exercised only after due notice and hearing.
8. 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.
0. To prescribe the form of accounts kept by each such utility.
It shall be deemed sufficient compliance with this paragraph,
provided that the utility shall keep its accounts in accord-
ance with the uniform system of accounts for said utility
prescribed by the National Association of Railroad and Public
Utility Commissioners, the Federal Power Commission, the
Federal Communications Commission, the Railroad Commission
of Texas, their successor or successors.
E. To impose regulations to insure safe, efficient and continuous
service to the public. The franchise holder in opening and
refilling of all earth openings shall re -lay the pavement
and do all other work necessary to complete restoration of
streets, sidewalks or grounds to a condition equally as good
or better as when disturbed.
F. To require at any time such compensation and rental as may
be permitted by the laws of the State of Texas.
(46)
Section 9,08 Extensions
All extensions of public utilities within the City limits
shall become a part of the aggregate property of the public utility,
shall be operated as such, and shall be subject to all the obligations
and reserved rights contained in this charter and in any original grant
hereafter made. The right to use and maintain any extension shall
terminate with the original grant and shall be terminable as provided
in Section 9,07, In case of an extension of a public utility operated
under a franchise hereafter granted, such right shall be terminable at
the same tine and under the same conditions as the original grant.
Section 9.09 Regulation of Rates
The Council shall have full power after notice and hearing
to regulate by ordinance the rates, charges, and fares of every public
utility franchise holder operating in the City provided that no such
ordinance shall be passed as an emergency measure. Every franchise
holder who shall request an increase in rates, charges, or fares shall
have, at the hearing of the Council called to consider such request,
the burden of establishing by clear, competent, and convincing evidence
the value of its investment properly allowable to service in the City,
and the amount and character of its expenses and revenues connected
with the rendering of such service. If, upon such hearing, the Council
is not satisfied with the sufficiency of the evidence so furnished, it
shall be entitled to call upon such public utility for the furnishing
of additional evidence at a subsequent dateto which said hearing may
be adjourned. No public utility franchise holder shall institute any
',.. legal action to contest any rate, charge, or fare fixed by the Council
until such franchise holder has filed a motion for rehearing with the
Council for a specific date setting out each ground of its complaint
against the rate, charge, or fare fixed by the Council, and until the
Council shall have acted upon such motion. Such motion shall be deemed
overruled unless acted upon by the Council within a reasonable time,
not to exceed sixty (60) days from the filing of such motion for re-
hearing; provided, that the Council. may by resolution extend such time
for acting on said motion for rehearing from sixty (60) days to ninety
(90) days. -
Section 9.10 Public Service Corporations to File Annual Reports
A. The Council shall require all public service corporations
operating within the corporate limits of the City to file a
sworn annual report of the receipts from the operation of the
said business for the current year, how expended, how much
thereof for betterments or improvements, the rate of tolls
(47)
or charges for services rendered to the public, and any other
facts or information that the Council may deem pertinent for
its use including reports on operations within the City in
intelligently passing upon any questions that may arise
between the City and the said public service corporations;
said reports to be filed with the City Secretary, and pre-
served for the use of the City Council. Such reports shall
be reviewed annually by the Council to determine the propriety
of the rates being charged.
Any public service corporation, partnership, or proprietor-
ship who shall for thirty day period willfully refuse or
fail to report in the manner provided by this charter shall
forfeit and pay to the City the sum of one hundred dollars
per day for each and every day during which it shall continue
in default; or, if any such enterprise shall file any report,
knowing that the same does not truly report the facts about
the matters mentioned therein, it shall forfeit and pay to
the City the sum of one thousand four hundred ($1,400) dollars
for each such willfully false report and shall be liable for
s ubmittal of a corrected report with -in two weeks from notifi-
cation by the City of any errors under the same penalty
provisions as the original report.
Section 9.11 Accounts of Municipally Owned Utilities
Accounts shall be kept for each public utility owned or operat-
ed by the City, in such manner as to show the true and complete financial
results of such city ownership and operation, including all assets,
appropriately subdivided into different classes, all liabilities sub-
divided by classes, depreciation reserve, other reserves, and surplus;
also revenues, operating expenses including depreciation, interestpay-
ments, rental, and other disposition of annual income. The accounts
shall show the actual capital cost to the City of each public utility
owned, also the cost of all extensions, additions and improvements,
and the source of the funds expended for such capital purposes. They
shall show as nearly as possible the cost of any service furnished to
or rendered by any such utility to any other city or governmental
department. The Council shall annually cause to be made by a certified
public accountant and shall publish a report showing the financial results
of such city ownership and operation, giving the information specified
in this section or such data as the Council shall deem expedient.
Section 9.72 Sales of Municipal Services
The Council shall have the power and authority by ordinance:
(48j
A. In or outside the limits of the City, to sell and distribute
water; sell and provide sewer service; sell and provide
earbage and trash collection and disposition; and to sell
and provide other municipal services.
B. To establish specifications for materials and construction
used within or beyond the limits of the City for such
municipal services; inspect same and require such materials
to be kept in good order and condition at all times; make
such rules and regulations as shall be necessary and proper;
and prescribe penalties for noncompliance with same.
Section 9.13 Franchise Records
The City shall compile and maintain a public record of
public utility franchises.
(49)
ARTICLE X
TRANSITIONAL PROVISIONS
Section 10.01 Schedule
A. This charter shall takz effect immediately following adoption
by the voters, and shall be fully operable within one year after adop-
tion, except as provided in Co of this Section.
E. Upon the adoption ofi this charter, the present members of the
Council shall serve until the terms to which they were elected shall
have expired and until their successors shall have qualified. At the
first regular meeting of the Council after adoption of this charter,
position numbers shall be assigned in accordance with Article III,
Section 3.01 of this charter, with position number 5 being the vacant
position.
C. Conversion of the accounting system from a cash basis to an
accrued cost basis shall occur at the beginning of the first fiscal
year after emplovment of the Citv Mananar_
Section 70. 02 Officers and Employees
A. P.ights and Privileges Preserved. Nothing in this charter
except as otherwise specifically provided shall affect or impair the
rights or privileges of persons who are city officers or employees at
the time of its adoption.
E. Continuance of Office or Employment. Except as specifically
provided by this charter, if at the time this charter takes full effect
a city administrative officer or employee holds any office or position
which is or can be abolished by or under this charter, he. shall con-
tinue in such office or position until adoption of some specific
provision under this charter directing that he vacate the office or
position.
C. Personnel System. An employee holding a city position at
the time this charter takes full effect, who was serving in that same
or a comparable position at the time of its adoption, shall not be
subject to competitive tests as a condition of continuance in the same
position] but in all other respects shall be subject to the personnel
system provided for in Article IV, Section 4.06,
Section 10.03 Effect of Charter on Existing Law
All codes, ordinances, resolutions, rules and regulations
in force on the effective date of this charter, and not in conflict
with this charter, shall remain in force until altered, amended or
repealed by the Council. All taxes, assessments, liens, encumbrances
and demands, of or agains c the City, fixed or established before such
date, or for the fixing or establishing of which proceedings have be-
at such date, shall be valid when properly fixed or established
either under the law in force at the time of the beginning of such
proceedings or under the law after the adoption of this charter.
Section 70. 04 Pending Matters
All rights, claims, actions, orders, contracts, franchises,
and legal or administrative proceedings in existence at the time of
the adoption of this charter shall continue until consummation. All
renewals or new rights, claims, actions, orders, contracts, franchises,
and legal or administrative proceedings arising after the adoption of
this charter shall be conducted pursuant to this charter.
Section 10. 05 Franchises
Within six months after the effective date of this charter,
every public utility and every owner of a public utility franchise
shall file with the City certified copies of all franchises owned or
claimed, or under which such utility is operated in the City.
(51)
(50)
ARTICLE XI
GENERAL PROVISIONS
Section 11,01 Public Records
All public records of every office, department, or agency
of the City shall be open to inspection by any citizen at all reasona-
ble times-, provided that police records, vital statistic records,
records and files of the Department of Law, and any other records
closed to the public by law, shall not be considered public records
for the purpose of this section. During normal office hours, any
citizen of the City or any duly authorized representative of the
press or other news media shall have the right to examine any such
public records belonging to the City and shall have the right to make
copies thereof under such reasonable rules and regulations as may be
prescribed by the Council or by this charter.
Section 71.02 Official Newspaper
The Council shall contract annually with, and by resolu-
tion designate, a public newspaper of general circulation in the City
as official organ thereof, and to continue as such until another is
designated, and shall cause to be published therein all ordinances,
notices and other matter required by this charter, by the ordinances
of the City, or by the Constitution and/or laws of the State of Texas
to be published.
Section 11,03 Personal Financial Interest
No officer or employee of the City shall have a fina ncial
interest, direct or indirect, in any contract with the City, or shall
be financially interested, directly or indirectly, in the sale to the
City of any land, materials, supplies or service, except on behalf of
the City as an officer or employee. Any willful violation of this
Section shall constitute malfeasance in office, and any officer or
employee guilty thereof shall be subject to removal from his office or
position. Any violation of this Section, with the knowledge, expressed
or implied, of the person or corporation contracting with the Council
shall render the contract involved voidable by the City Manager or the
Council.
(52)
Section 11:04 Nepotism
No person related within the second degree by affinity, or
within the third degree by consanguinity to any elected officer of the
City, or to the City Manager, shall be appointed to any office,
position or clerkship or other service of the City, but this prohi-
on shall not apply to officers or employees who have been continu-
ously employed by the City for not less than two years prior to the
election or appointment of the officer related in the prohibited degree.
Section 71.05 Assignment, Execution, and Garnishment
The property, real and personal, belonging to the City shall
not be liable to be sold or appropriated under any writ or execution
or -cost bill. The funds belonging to the City, in the hands of any
person, firm or corporation, shall not be liable to.garnishment, attach-
ment, or sequestration; nor shall the City be liable to garnishment on
account of any debt it may owe or funds or property it may ,have on hand
or owing to any person. Neither the City nor any of its officers or
agents shall be required to answer any such writ of garnishment on any
account whatever. The City shall not be obligated to recognize any
assignment of wages or funds by its employees, agents or contractors.
Section 17.06 Security or Bond not Required
It shall not be necessary in any action, suit or proceeding
in which the City is a party, for any bond, undertaking, or security
to be demanded or executed by or on behalf of said City in any of the
State Courts, but in all such actions, suits, appeals, or proceedings
same shall be conducted in the same manner as if such bond, undertaking
or security had been given as required by law.
Section 17.07 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.
(53)
Section 11.08 Amending the Charter
Amendments to this charter may be framed and submitted to
the voters of the City in the manner provided by Chapter 13 of Title
of the Revised Civil Statutes of Texas, 1925, as now or hereafter en-
acted.
Section 11.09 Charter Review Commission
The Council shalt appoint at its first regular meeting in
July of every fifth year after approval of this charter, a Charter
Reviev� Commission of five citizens of the City of Friendswood.
Fl. Duties of the Commission:
C. Term of Office. The term of office of sucn 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
28 of the proceedings of such Commission shall be filed with the
City Secretary and shall become a public record.
1. Inquire into the operation of the City Government under
the charter provisions and determine whether any such
provisions require revision. To this end public hearings
may be held; and the Commission shall have the power to
compel the attendance of any officer or employee of the
City and require the submission of any of the City
records which it may dean necessary to the conduct of
such hearing.
2. Propose any recommendations it may deem desirable to
insure compliance with the provisions of the charter by
the several departments of the City government.
3. Propose, if it deems desirable, amendments to this
charter to improve tl•,e effective application of the
charter to current conditions.
4. Report its
finding and
present
its proposed
amendments,
if any,
to
the Council.
8. Action by the Council:
The Council shall receive and have published in the designated
official public newspaper of the City any report presented by the
Charter Review Commission; shall consider any recommendations made
and if any amendments be presented as part of such report, may
order such amendment or amendments to be submitted to the voters
of the City in the manner provided by Chapter 13 of Title 28 of
the Revised Civil Statutes of Texas, 1925, as now or hereafter
amended.
(54)
Section I1.10 Submission of Charter to 'Deters.
The Charter Commission in preparing this charter concludes
that it is impracticable to segregate each subject so as to permit a
vote of "yes" or "no" on the same, for the reason that the charter is
so constructed that in order to enable it to work and function it is
necessary that it should be adopted in its entirety. For these reasons,
the Charter Commission directs that the said charter be voted upon as a
whole and that it shall be submitted to the qualified voters of the City
of Friendswood at an election to be held for that purpose on October 16,
7971. Not less than thirty days prior to such election, the City
Council shall cause the City Secretary to mail a copy of this charter
to each qualified voter of the City of Friendswood as appears from the
latest certified list of registered voters. If a majority of the
qualified voters voting in such election shall vote in favor of the
adoption of this charter, it shall become the charter of the City of
Friendswood, and after the returns have been canvassed, the same shall
be declared adopted and the City Secretary shall file an official copy
of the charter with the records of the City. The Secretary shall
furnish the Mayor a copy of said charter, which copy of the charter so
adoptea, authenticated and certified by his signature and the seal of
the City, shall be forwarded by the Mayor to the Secretary of State of
the State of Texas and shall show the approval of such charter by
majority vote of the qualified voters voting at such election.
(55)
INDEX APPROPRIATIONS (cont'd) Section Page
Supplemental 8,04 A 40
ACCOUNTING Section Page ASSESSMENT
Accural basis 8,07 B 43 Appeal
to City Assessor and Collector 7,03 D 33
Approval of expenditures 8,07 A 43 to Board of Equalization 7,03 D 33
Audit of accounts 8,0C 43
Control of purchases 8.08 7,04 A.9 34 44 For tax purposes 7,03 32
End of year statement 4,01 D.5 16 Increase of assessment - notice required
Monthly statements to Council 8,07 B 43 If rendered by owner 7,03 D 32
ADMINISTRATIVE - SERVICES If not rendered by owner 7,03 E 33
If raised by Board of Equalization 7.04 A.9 34
Administrative departments 4.05 18 Of mixed and joint interest 7,07 36
City Assessor and Collector 7.01 32 Of property omitted in prior years 7,03 F 33
City Attorney 4,03 17 Of real and personal property 7,03 32
City Secretary 4,04 17
Directors of Departments 4,05 18 Office of Taxation Seel 32
Renditions See Renditions
Municipal Court 4.02 16 Street Development and Improvements 2.05 5
Office of Taxation 7,01. 32 Ordinance 2,05 A,B 5
ANNEXATION - DEANNEXATION ASSIGNMENT, EXECUTION, GARNISHMENT
In general 2,02 3 City not obligated to recognize 11,05 53
Limited purpose annexation for planning, City not liable to 17.05 53
zoning, sanitation and health protection 2.02 4 Employees not liable to 1105 53
Rights of new citizens 2.02 4 Officials not liable to 11.05 53
APPOINTMENTS - AUDIT OF CITY BOOKS AND ACCOUNTS 8,07 C 43
By, City Manager 4,01 D.2 15
Council not to interfere with 3,08 B 9 BALLOT
Of Acting City Manager 4.01 E 16 How to get name on 6,02 27
Of Board of Equalization by Council 7,04 33 Order of names 6,03 B 29
Of City Assessor and Collector (See Official 6,03 29
Department Heads) 7.01 32
Of City Attorney by Council 4,03 17 BIDS 8,08 44
Of City Manager by Council 4,01 A 15
Of City Secretary by Council 4,04 17 BOARD OF EQUALIZATION
Of Clerk of Municipal Court 4,02 C 16 Appointment by May 15 and compensation
Of Council vacancies by Council 3,06 C 8 by Council 7,04 33
Of Department Heads by City Manager/Council 4,01 D.2 15 Approval of rolls 7.04 B 35
Of Judge of Municipal Court by Council 4.02 B 16 Convene by first day of June 7,04 33
Of Mayor Pro-tem by Council 3.05 8 Notice to property owner required See Assessments, increase of
Of Secretary to Board of Equalization 7,04 33 _ Powers and duties 7.04 A 34
Of Special Counsel by Council 4,03 20 Public hearings, notice required 7.04 A.10 35
Qualifications 7.04 33
APPROPRIATIONS Quorum 7,04 33
Budget establishes 8,03 E 40 Records open to public 7,04 B 35
Emergency 8,04 B 41 Rules and regulations 7,04 34
Lapse at end of year 8,06 42 Secretary appointed by City Manager 7,04 33
Limitations 8,04 E 41
Reduction of 8,04 C 41
(56) (57)
BONDS
Section
Page
Bonds incontestable
General obligation bonds
8,05
8.05
D
B
42
42
CHARTER REVIEW COMMISSION (cont'd)
Section
Page
Refunding bonds
8,05
B
42
Term of office to be six months
11.09
C
55
Required of certain officers & employees
3,15
13
Required of City Manager
4,01
A
15
CITY
Revenue bonds
8.05
C
42
Powers of
ARTICLE
II
3
Security or bond not required
11.06
53
CITY ASSESSOR AND COLLECTOR
BORROWING
Assesses property omitted in prior years
7.03
F
33
For capital improvements
8.05
41
Assesses property when no rendition
To meet emergency appropriations
8,04
B
41
made by owner
7,03
E
33
Director of Office of Taxation
7,01
32
BOUNDARIES
Power of County Tax Assessors and
Of the City
1,03
2
Collectors
7,03
G
33
Required to give notice of raise in
BUDGET
assessment
7.03
D
32
A public record
8.03
38
Reviews renditions
7.03
D
32
Adoption by Sept. 15 required
8.03
E
40
Secretary to Board of Equalization
7.04
33
Amendment after adoption
8.04
40
Amendment before adoption
8.03
D
40
CITY ATTORNEY
Capital Program
8.03
A.11
39
Appointed by Council for indefinite term
4,03
17
Contents
8.03
A
38
Compensation
4,03
17
Expenditures not to exceed estimated
8.03
A
38
Duties
4,03
17
income
Qualifications
4.03
17
Failure to adopt by Sept. 15
8,03
F
40
Special Counsel may be retained
4.03
17
Hearing
8.03
C
40
Message
8.03
A
38
CITY CODE
See
Codification
Notice of and public hearing on
8.03
C
40
Prepared and submitted by City Manager
4,01
D.4
16
CITY JUDGE
Submission to Council by August 1
8,03
B
39
Appointed by Council for indefinite term
4,02
B
16
Compensation
4.02
B
16
CHARTER
Disability or absence
4.02
E
16
Amending
11.08
54
Qualifications
4,02
B
16
Amending on recommendation of Review
..
Commission
11.09
B
54
CITY MANAGER
Effect on existing law
10.03
51
Absence or disability of
4.01
E
16
Effect on pending matters
10,04
51
Acting City Manager
4.01
E
16
Existing franchise and utilities must
Appointed by Council for indefinite term
4,01
A
15
declare claim
10.05
51
Bonded for not less than $10,000
4.01
A
15
Submission to voters
11.10
55
Compensation
4,01
B
15
May head one or more departments
4.05
18
CHARTER REVIEW COMMISSION
Personnel Rules to be prepared by
4.06
E
19
Appointed by Council in July every
-
- Powers and duties
4,01
D
15
five years
11.09
54
Qualifications
4,01
A
15
Duties
11.09
A
54
Hearings
1109
A.1
54
CITY SECRETARY
Proceedings a public record
17,09
C
55
Appointed b Council for indefinite term
- PP Y
4,04
17
Recommendations may be submitted to voters
11,09
B
54
Compensation
4.04
B
17
Report to be published
11.09
B
54
Duties
4,04
A
17
Maintains voter registration list
6,01
C
27
Signs and records ordinances
3,14
A
12
(58)
(59)
CITY SECRETARY (cont'd)
Section
Page
COUNCIL (cont'd)
Section
Page
Office to be provided
4.04
17
Vacancies
3,06
8
Appointment by Council until next election
CLAIMS AGAINST THE CITY
See Tort Liability
In case of one vacancy
3,06 C
8
Within 120 days of regular election
3.06 C
8
CLERK OF MUNICIPAL COURT
Election
3,06 C
8
Appointment
4,02
C
16
Duties
4,02
D
16
COUNCIL MEETINGS
Executive session, may be recessed
CODIFICATION OF ORDINANCES
by motion
3.09
9
Charter and other laws to be included
3.14
B
12
Action to be taken in open meeting
3,09
9
May be purchased by public
3,14
B
12
Limitations of
3,09
9
Required every ten years
3,14
B
12
Mayor presiding officer
3,05
7
Required within one year of charter
Minutes a public record
3,10
10
adoption
3.14
B
12
Open to public
3.09
9
To be placed in libraries, etc.
3,14
B
12
Procedure to enact ordinances
See Ordinances
Quorum consists of four members
3,10
10
CONFLICT OF INTEREST See
Personal
Financial
Interest
Procedure when membership less than four
3.06
8
Rules of procedure
3,10
- 10
CONTRACTS
Special meetings on call of Mayor or
Procedure
8.08
44
four members
3,09
9
Officials shall not be interested in
11,03
52
Time to be fixed by ordinance
3,09
9
Contract voidable
11,03
52
Vote of four councilmem needed for valid
Power of City to contract
2,01
3
action to be taken by roll call
3,10
10
Official newspaper
11,02
52
DAMAGE SUITS
COUNCIL
Compensation
3.04
7
Special provision for
2,06
6
Filing for office
6,02
27
DEPARTMENTS
Forfeiture of office
3,06
B
8
Induction into office
6.04
D
30
Administrative
4.05
18
Investigation by
3.16
13
Changes by Council
4,05
18
Judge of elections and qualifications
3.03
7
Directors of
4,05
18
Liability for Elected City Officials
3.17
14
Appointed by Manager with Council
Mayor a voting member of
305
7
concurrence
4,01 D.2
15
Mayor Pro-tem elected at first meeting
3,05
7
Have supervision
P ervision and control of own
Meetings
See Council Meetings
department
4,05
18
Number, Selection and term
3.01
7
Oaths of office
6,05
30
ELECTIONS
Positions elected at large
3.01
7
Ballots
6.03
129
Powers and duties
Canvassing and results
6,04
29
In general
3,07
9 _ ,.
City Secretary to notify persons elected
6,04 D
30
Investigation by
3.16
13
Council to be judge of elections,
Prohibitions
3,08
9
qualifications
3.03
7
Solicitation of Campaign funds
4.06
C
18
Election officials appointed by Council
6,01 D
27
Personal financial interest in
- -
Eligibility to file
6,02 A
27
contracts, etc.
11,03
52
Failure of Council to order recall election
5.12
26
Qualifications
3,02
7
Filing procedure for candidates
6,02 B,C
28
Recall
See Recall
Initiative election See also
Initiative and Referendum
Term
3.01
7
Called
bof0election
Holding
5,05 B
24
(60)
(61)
ELECTIONS (cont'd) Section Page FINANCE (cont'd) Section
Power of voters to propose 5,01 A 21 Borrowing See Borrowing Page
Results 5,06 A 25 Budget See Budget
Majority vote required to elect 6,04 B 30 Capital Program
J Y 9 See Budget
Oaths of office - 6.05 30 Fiscal year October 1 thru September 30 8.07 38
Public disclosure procedure 6,02 D 28 Purchase procedure See Purchasing
Recall election See also Recall Taxation
Called by Council 5,08 25 See Taxation
Failure of Council to call 5,12 26 FORM OF GOVERNMENT
Power of voters to propose 5,07 25 Consists of Mayor, Council and
Results 5,09 26 City Manager 1,02 1
Referendum election See also Initiative and Referendum City Manager responsible to Council 1,02 1
Called by Council 5,05 A 24 -
Holding of election 5,05 B 24 FRANCHISES AND PUBLIC UTILITIES See also Municipally Owned Utilities
Power of voters to propose 5,01 B 21 Accounts, form of 9,07 D
46
Results 5.06 C 25 Annual reports required 9,10 A 47
Regular City election first Saturday Failure to file 9.10 B 48
in April 6.01 A 27 False report 9,10 B
Regulations and conduct 6,01 D 27 Reviewed annually by Council A 48
48
Run-off elections 6,04 C 30 Effect of Charter on existing franchises 10,04
Owners to file within six months 51
Sample ballots to be posted 6.01 D 27 70.05 51
Special elections 6,01 B 27 Emergency ordinances precluded 9.09 47
Voter registration list to be available 6,01 C 27 Extensions of public utilities within City 9.o8 47
Franchises limited to thirty years 9,02 45
EMINENT DOMAIN
Franchise records a public record to be
2.03 4 maintained by the City 9.13 49
Power of Franchise value not allowed 9,06 46
ENFORCEMENT
Granting; ordinance publication required 9,03 45 Of State laws and City ordinances a Not to be exclusive 9.04 45
responsibility of City Manager 4,01 D.1 15 Publication required 9,03
Of City ordinances, bylaws and resolutions Regulations of; right of City 9,07 45
a responsibility of the Mayor 3.05 7 Rates regulated by ordinance 9,09 46
47
9•09 Charter noncompliance grounds for recall 5,07 25 Notice and hearing required
Repeal by ordinance 47
Failure of Council to call recall election 5.72 26 9.07 A 46
Failure to report by public service Notice and hearing required 9,07 A9,10 B 48 Transfer by ordinance 9 05 4
corporation 455
False report by public service corporation 9,10 B 48 FUNDS
Forfeiture of office 3,06 B 8 Disbursement
Funds; illegal disbursement cause for g 07 A 43 Illegal disbursement cause for removal 8,07 A 43
removal
Personal financial interest constitutes - GARNISHMENT
malfeasance 11.03 52 City not liable to
17.05 53
FORFEITURE OF OFFICE 3,06 B 8 HEARINGS
Budget 8,03 C
FINANCE Board of Equalization 40
Administration by City Manager 4.01 D.4,6 16 Charter Review Commission 1,04 A.5 34
Annual report by City Manager 4,01 D.5 16 Franchise rates 19,09 A.1 54
909 47
Appropriations See Appropriations franchise repeal 9,07 A 46
Bonds See Bonds
(62) (63)
1
IMPROVEMENTS Section Page
Capital improvements 8,03 A.11 39 MUNICIPAL COURT Section Page
Street 2,05 5 Clerk appointed by Manager with Council
approval 4.02 C 16
INDEPENDENT AUDIT 8.07 C 43 Powers and duties 4,02 D 16Established for misdemeanor offenses 4,02 A 16
INITIATIVE AND REFERENDUM Fines to be paid into the City treasury 4,02 F 17
Judge appointed by Council 4,02 B 16
General authority 5.01 21 Disability or absence 4,02 E 16
Limitations, immediate, upon ordinance
affected MUNICIPALLY OWNED UTILITIES
Limitation of Council action 5,02 22 Accounts
Limitation of Council repeal of 9.11 48
initiative ordinance 5,06 B 25 Sale of services in or outside City 9.12 A 49
Specifications of materials and
Petitions construction in or outside City 9,12 B 49
Council action on sufficient petitions 5.05 A 24
Determination of sufficiency by City NEPOTISM
Secretary 5,04 23 11.04 53
Insufficient petitions OFFICIAL NEWSPAPER
Amendment of petition 5,04 E 23 Council shall contract annually 11,02 52
Appeal to Council 5,04 D 23
Court review 5,04 F 24 ORDINANCES
New petition 5,04 F 24 Amended ordinances to be placed again
Requirements for petitions 5.03 22 on first reading 3,11 B 10
Sufficient petitions, Council action 5,05 A 24 Amendment or repeal by ordinance only 3,11 A 10
Withdrawal of petitions. by committee 5,05 C 25 Authentication and recording by City
Petitioners' Committee; initiation of Secretary 3.14 A 12
proceedings 5.02 21 Budget/tax ordinance adoption 8,03 C,D,E,F 40
Submission to voters 5,05 B 24 City Attorney shall review 3,11 B 10
INTERIM MUNICIPAL GOVERNMENT 10.01 50 Codes of technical regulations 3,13 12
Codification See Codification
INTERFERENCE IN PERSONNEL MATTERS 3.08 B,C 9 Effective dates 3C 11
Emergency ordinances 3,11 12 11
Numbering
INVESTIGATION BY COUNCIL 3,16 13 312
Repealed automatically as of 61st day 3,12 12 12
Taxes, franchises, utility rates excluded 3,12 11
JUDGE, CITY See City Judge Vote; five affirmatives required to pass 3,12 12
Enacting clause Sell A 70
JUDGE: COUNCIL TO BE JUDGE OF ELECTIONS AND
Franchise ordinances See Franchises
QUALIFICATIONS 3,03 7 Furnished to citizens upon request 3,11 B 10
Numbering 3,14 A 12
MAYOR See also Council Emergency ordinances designated by "E" 3.12 12
Powers and duties 3.05 7 Posting requirements 3.11 B 10
Public record 3,14 A 12
MAYOR PRO-TEM See also Council Printing and distributing, form 3,14 C 13
Elected by Council at first meeting Publication in official newspaper 3.11 C 11
after election 3.05 8 Readings; three required; exceptions 3,11 B 11
Powers and duties 3,05 8 Reading may be by title; third reading
in full - 3.11 D 11
(64) (65)
ORDINANCES (cont'd) Section
Signing of ordinances
By Mayor 3.05
By City Secretary 3,14 A
Vote necessary to adopt 3.10
PENALTIES See Enforcement
PERSONAL FINANCIAL INTEREST PROHIBITED 11,03
Constitutes malfeasance 11,03
Makes contract voidable by City Manager
or Council 11,03
PERSONNEL
Appointments and promotions 4.06 A
Classified service 4,06 B
Contribution or solicitation for campaign
funds prohibited; grounds for forfeiture 4,06 C
Discrimination because of race, sex,
religion, or politics prohibited 4,06 C
Insurance 4.06 D
Pensions 4,06 D
Rules to be prepared by City Manager,
adopted by Council; requirements 4,06 E
PETITION
Charter amendments 11,08
Initiative and referendum 5.03
Recall 5.07
5,08
PLATTING OF PROPERTY
Within the City 2.02
Within the extra_},erritorial jurisdiction 2.02
PUBLIC PROPERTY
Conveyance or lease to be by ordinance
Power of Council
PUBLIC UTILITIES AND FRANCHISES
PUBLIC RECORDS
Records of City open to inspection;
exceptions
PUBLICATION -
Charter Review Commission report
Franchise ordinances in fullonetime
Notice of public hearing on budget
Notice of public meetings of Board of
Equalization
See
2.04
2.04
Franchises
11.01
11.09 B
9.03
8.03 C
7.04 A.10
12
Page
8
70
52
52
52
If.?
78
18
79
19
54
22
25
25
54
45
40
35
2.04
2.04
Franchises
11.01
11.09 B
9.03
8.03 C
7.04 A.10
12
Page
8
70
52
52
52
If.?
78
18
79
19
54
22
25
25
54
45
40
35
PUBLICATION (cont'd)
Section
Page
Notice of hearing for franchise rate
regulation
9.09
47
Notice of hearing for franchise repeal
9.07 A
46
PURCHASING PROCEDURE
8,08
44
RECALL
Authority for recall
5,07
25
Election ordered by Council
5,08
25
Failure of. Council to call election
5,12
26
Grounds for recall
5,07
25
Limitations of recall
5,10
26
Petitions, requirements
5,07
25
5,08
25
Public hearing on request of affected
official -
5,11
26
Recalled official may not succeed himself
5,09
26
Results of election
5,09
26
REFERENDUM See
Initiative
and Referendum
RENDITION OF PROPERTY
See also
Assessment
Council shall prescribe mode and penalties
7,03 A,C
32
Failure to render; assessment by
Assessor -Collector
7,03 E
33
Failure to render; penalties
7.03 C
32
Review by City Assessor and Collector
7,03 D
32
Shall be made by landowner between
January 1 and April 1
7,03 B
32
RESIDENCE REQUIREMENT
Of City Manager
Of Mayor and Councilmen
SECURITY
City not required to give
SEPARABILITY CLAUSE
STREETS
Assessment of property owner
Ordinance
SUITS
City Attorney shall represent; exception
Damages
Tort claims
(66) (67)
4.01
3.02
A 15
7
11.06 53
11.07 53
See also Public Property
2.05 5
2.05 A 5
2.05 B 6
See
4.03 17
Tort Liability
See Tort Liability
See
4.03 17
Tort Liability
See Tort Liability
TAX ASSESSOR AND COLLECTOR Section Page
See City Assessor and Collector
TAXATION See also Assessment; also City
Arrears of taxes offset to debt Assessor and Collector
against City 7 08
Board of Equalization See Board of Equalization
Certification of tax roll 7.04 B
Delinquent February 1; penalties
7.05
Discount and compromise 7 09
Due and payable October 1 through
January 31
Liens and liabilities
Office of Taxation
Omission from tax roll does not relieve
owner from obligation to pay
Power to tax
Regulations and penalties
Rendition
TORT LIABILITY
Limitations on suits for
Notice in writing required within
thirty days
Time limits of
UTILI
36
35
35
`
37', ..
7.05 35.
7.06 35'..
7.01 32
7.05 35
7.02 32
7.10 37
See Rendition
2.06 6
2.06 6
2.06 6
TIES See
Franchises and Public Utilities
ZONING
General Power
TIES See
Franchises and Public Utilities
ZONING
General Power