G-04-06-24-16B1 - 6/24/2004ORDINANCE NO. g- 02 -Q(C% "r]' `/&/3
AN ORDINANCE RENUMBERING ARTICLES 13 !,.ND 14 OF THE
ROUND ROCK HOME RULE CHARTER; AND PROVIDING A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS.
WHEREAS, Section 13.14 of the Round Rock Charter provides
that the Council shall have the power, by ordinance, to renumber
and rearrange all articles, sections, and paragraphs of the
Charter, or any amendments thereto; and
WHEREAS, at an election held on May 15, 2004, the citizens
of the City approved several propositions to amend the Charter,
including Proposition 12, which added a new Article 13 entitled
Police Department Disciplinary Procedures; and
WHEREAS, with the addition of the new Article 13, the Council
has determined that the existing Articles 13 and 14, and their
Sections should be renumbered to Articles 14 and 15 respectively;
Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
I.
Pursuant to the authority granted by the existing Section
13.14 of the Round Rock Charter, the Council hereby:
a) changes the number of Article 13 to Article 14 and
changes the number of the sections thereunder from
Sections 13.01 through 13.15 to Sections 14.01 through
14.15; and
b) changes the number of Article 14 to Article 15 and
changes the number of the sections thereunder from
Sections 14.01 through 14.04 to Sections 15.01 through
15.04.
@PFDesktop\:: ODMA/WORLDOX/O:/WDOX/ORDINANC/040624B1.WPD/vr
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this f11 day
of yL l, 2004.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2004.
READ, APPROVED and ADOPTED on second reading this the
day of , 2004.
ATTEST:
1.4•
2(, t r )C-���Yu
LL, Mayor
C ty of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secre
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ROUND ROCK CHARTER
TABLE OF CONTENTS
(June 2004 Edition)
ARTICLE 1: FORM OF GOVERNMENT AND BOUNDARIES 1
SECTION 1.01 FORM OF GOVERNMENT 1
SECTION 1.02 THE BOUNDARIES 1
SECTION 1.03 EXTENSION OF BOUNDARIES 2
SECTION 1.04 CONTRACTION OF BOUNDARIES 3
ARTICLE 2: POWERS OF CITY 3
SECTION 2.01 GENERAL 3
SECTION 2.02 GENERAL POWERS ADOPTED 4
SECTION 2.03 EMINENT DOMAIN 4
SECTION 2.04 ZONING IN GENERAL 4
ARTICLE 3: THE CITY COUNCIL 5
SECTION 3.01 NUMBER, SELECTION AND TERM 5
SECTION 3.02 QUALIFICATIONS 5
SECTION 3.03 JUDGE OF ELECTION QUALIFICATIONS 5
SECTION 3.04 COMPENSATION 6
SECTION 3.05 MAYOR AND MAYOR PRO -TEM 6
SECTION 3.06 VACANCIES, FORFEITURE, FILLING OF VACANCIES 6
SECTION 3.07 GENERAL POWERS AND DUTIES 7
SECTION 3.08 PROHIBITIONS 7
SECTION 3.09 MEETINGS OF COUNCIL 8
SECTION 3.10 QUORUM 8
SECTION 3.11 RULES OF PROCEDURE 8
SECTION 3.12 VOTING 8
SECTION 3.13 ORDINANCES IN GENERAL 9
SECTION 3.14 EMERGENCY ORDINANCES 9
SECTION 3.15 BONDS FOR CITY EMPLOYEES 10
SECTION 3.16 INVESTIGATIVE BODY 10
ARTICLE 4: ADMINISTRATIVE SERVICE 10
SECTION 4.01 CITY MANAGER 10
SECTION 4.02 ADMINISTRATIVE DEPARTMENTS 13
SECTION 4.03 MUNICIPAL COURT 13
SECTION 4.04 CITY ATTORNEY 14
SECTION 4.05 CITY SECRETARY 14
a
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EXHIBIT
ARTICLE 5: NOMINATIONS AND ELECTIONS 14
SECTION 5.01 CITY ELECTIONS 14
SECTION 5.02 FILING FOR OFFICE 15
SECTION 5.03 OFFICIAL BALLOTS 16
SECTION 5.04 CANVASSING 17
SECTION 5.05 ELECTION BY MAJORITY 17
SECTION 5.06 RUN-OFF ELECTION 17
ARTICLE 6: RECALL OF OFFICERS 18
SECTION 6.01 SCOPE OF RECALL 18
SECTION 6.02 PETITION FOR RECALL 18
SECTION 6.03 RECALL PROCEDURE 18
SECTION 6.04 FORM OF RECALL PETITION 19
SECTION 6.05 VARIOUS PAPERS CONSTITUTING RECALL PETITION 20
SECTION 6.06 PRESENTATION OF RECALL PETITION TO
CITY COUNCIL 20
SECTION 6.07 PUBLIC HEARING TO BE HELD ON RECALL PETITION 20
SECTION 6.08 RECALL ELECTION TO BE CALLED 20
SECTION 6.09 BALLOTS IN RECALL ELECTION 21
SECTION 6.10 RESULT OF RECALL ELECTION 21
SECTION 6.11 RECALL, RESTRICTIONS THEREON 21
SECTION 6.12 FAILURE OF CITY COUNCIL TO CALL AN ELECTION 21
ARTICLE 7: INITIATIVE AND REFERENDUM 22
SECTION 7.01 GENERAL AUTHORITY 22
SECTION 7.02 COMMENCEMENT OF PROCEEDINGS; PETITIONERS'
COMMITTEE: AFFIDAVIT 22
SECTION 7.03 PETITIONS 23
SECTION 7.04 DETERMINATION OF SUFFICIENCY 24
SECTION 7.05 REFERENDUM PETITIONS; SUSPENSION OF EFFECT
OF ORDINANCE 25
SECTION 7.06 ACTION ON PETITIONS 25
SECTION 7.07 FORM OF BALLOTS 26
SECTION 7.08 RESULTS OF ELECTION 26
ARTICLE 8: FINANCIAL ADMINISTRATION 27
SECTION 8.01 FISCAL YEAR 27
SECTION 8.02 PUBLIC RECORD 27
SECTION 8.03 ANNUAL BUDGET 27
SECTION 8.04 ADMINISTRATION OF BUDGET 30
SECTION 8.05 EMERGENCY APPROPRIATIONS 30
SECTION 8.06 BORROWING TO MEET EMERGENCY APPROPRIATIONS 30
SECTION 8.07 BORROWING IN ANTICIPATION OF PROPERTY TAXES 31
SECTION 8.08 DEPOSITORY 31
SECTION 8.09 PURCHASE PROCEDURE 31
SECTION 8.10 INDEPENDENCE AUDIT 31
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ARTICLE 9: BONDS 32
SECTION 9.01 BORROWING FOR CAPITAL IMPROVEMENTS 32
ARTICLE 10: TAX ADMINISTRATION 33
SECTION 10.01 DEPARTMENT OF TAXATION 33
SECTION 10.02 POWERS OF TAXATION 33
SECTION 10.03 ASSESSMENT OF PROPERTY FOR TAX PURPOSES 33
SECTION 10.04 TAXES: WHEN DUE AND PAYABLE 34
SECTION 10.05 TAX LIENS 34
SECTION 10.06 JOINT INTEREST IN PROPERTY 34
SECTION 10.07 ARREARS OF TAXES OFFSET TO DEBT AGAINST CITY 35
ARTICLE 11: FRANCHISE OF PUBLIC UTILITIES 35
SECTION 11.01 POWERS OF THE CITY 35
SECTION 11.02 FRANCHISE, POWER OF COUNCIL 35
SECTION 11.03 FRANCHISE VALUE NOT TO BE ALLOWED 35
SECTION 11.04 RIGHT OF REGULATION 35
SECTION 11.05 CONSENT OF PROPERTY OWNERS 36
SECTION 11.06 EXTENSIONS 36
SECTION 11.07 OTHER CONDITIONS 37
SECTION 11.08 FRANCHISE RECORDS 37
ARTICLE 12: BOARDS AND COMMISSIONS 37
SECTION 12.01 BOARDS AND COMMISSIONS 37
SECTION 12.02 QUALIFICATIONS 38
SECTION 12.03 MEMBERS FILING FOR OFFICE 38
SECTION 12.04 PLANNING AND ZONING COMMISSION 38
ARTICLE 13: POLICE DEPARTMENT DISCIPLINARY PROCEDURES 39
SECTION 13.01 PURPOSE 39
SECTION 13.02 DEFINITIONS 39
SECTION 13.03 APPEALS TO A HEARING EXAMINER 40
ARTICLE 14: GENERAL PROVISIONS 42
SECTION 14.01 PUBLICITY OF RECORDS 42
SECTION 14.02 OFFICIAL NEWSPAPER 42
SECTION 14.03 NEPOTISM 42
SECTION 14.04 PERSONAL FINANCIAL INTEREST 43
SECTION 14.05 ASSIGNMENT, EXECUTION AND GARNISHMENT 43
SECTION 14.06 POWER TO SETTLE CLAIMS 43
SECTION 14.07 NOTICE OF CLAIM AGAINST CITY 43
SECTION 14.08 PROHIBITIONS 44
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SECTION 14.09 SEPARABILITY 45
SECTION 14.10 SUBMISSION OF CHARTER TO VOTERS 45
SECTION 14.11 AMENDMENT OF CHARTER 45
SECTION 14.12 CHARTER REVIEW COMMISSION 46
SECTION 14.13 REARRANGEMENT AND RENUMBERING OF CHARTER
PROVISIONS 47
SECTION 14.14 SECURITY OR BOND NOT REQUIRED 47
SECTION 14.15 DRILLING OPERATIONS 47
ARTICLE 15: TRANSITIONAL PROVISIONS 47
SECTION 15.01 SCHEDULE 47
SECTION 15.02 OFFICERS AND EMPLOYEES 48
SECTION 15.03 EFFECT OF CHARTER ON EXISTING LAW 48
SECTION 15.04 PENDING MATTERS 49
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We, the people of Round Rock, Texas in order to establish a home rule municipal
government that will provide for the future progress of our City through local self government,
do hereby adopt this Home Rule Charter, hereinafter referred to as "Charter," in accordance with
the statutes of the state of Texas; and do hereby declare the citizens of the City of Round Rock,
Williamson County, Texas, residing within the legally established boundaries of said City, to be
a political subdivision of the state of Texas incorporated forever under the name of the "City of
Round Rock" with such powers, rights and duties as are herein provided.
(Charter amendment approved by voters January 20, 1996; May 6, 2000)
ARTICLE 1
FORM OF GOVERNMENT
AND BOUNDARIES
SECTION 1.01 FORM OF GOVERNMENT
The municipal government provided by this Charter shall be known as the "Council -
Manager Government." Pursuant to its provisions and subject only to the limitations imposed by
the state constitution, the statutes of this state and by this Charter, all powers of the City of Round
Rock, Texas, hereinafter referred to as "City," shall be vested in an elected council, hereinafter
referred to as the "City Council," which shall enact local legislation, adopt budgets, determine
policies and appoint the City Manager, who in turn shall be held responsible to the City Council
for the execution of the laws and the administration of the government of the City. All power of
the City shall be exercised in the manner prescribed by this Charter, or if the manner be not
prescribed, then in such manner as may be prescribed by ordinance, the state constitution or the
statutes of the state.
(Charter amendment approved by voters January 20, 1996)
SECTION 1.02 THE BOUNDARIES
The bounds and limits of the City are hereby established and described as being those
boundaries heretofore established in the original incorporated proceedings of the said City , filed
of record on July 11, 1977 in the office of the Clerk of the County Court of Williamson County,
Texas and those boundaries established and changed thereafter in all annexation ordinances and
proceedings of the City .
(Charter amendment approved by voters January 20, 1996)
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SECTION 1.03 EXTENSION OF BOUNDARIES
The boundaries of the City may be enlarged and extended by the annexation of additional
territory, irrespective of size and configuration, in any of the methods hereinafter designated:
(a) Extending Limits in Accordance with Tex. Loc. Gov't Code Ann., Chapter 43,
as amended:
Where such additional territory adjoins the corporate limits of the City and
contains three or more inhabitants qualified to vote for members of the state
legislature, such adjacent territory may be annexed to the City in the manner and
in conformity with the procedure set forth in Tex. Loc. Gov't Code Ann.,
Chapter 43, as amended.
(b) Annexation of the Unoccupied Lands on Petition of Owners:
The owners or owner of any land which is without residents, or on which less than
three voters reside, contiguous and adjacent to the City may, by petition in writing
to the City Council, request the annexation of such contiguous and adjacent land,
describing it by metes and bounds. The City Council shall thereafter, and not less
than five and not more than thirty days after the filing of such petition, hear such
petition and the arguments for and against the same, and grant or refuse such
petitions as the City Council may see fit. If the City Council grants such petition,
it may by proper ordinance receive and annex such territory as a part of the City.
(c) Annexation by Amendment to Charter:
The boundary limits of the City may be fixed and additional territory added or
annexed thereto by amendment to the Charter of the City.
(d) Extending Limits by Action of the City Council:
The City Council shall have power by ordinance to fix the boundary limits of the
City and to provide for the extension of said boundary limits and the annexation
of additional territory lying adjacent to said City, with or without the consent of
the residents or the owners of the territory annexed.
(e) Annexation by Any Other Method Provided by Law:
Additional territory may also be annexed to the City in any manner and by any
procedure that may now be provided by law or that may be hereafter provided by
law or in such manner as shall be provided by ordinances or resolutions of the
City Council. Same shall be in addition to the methods hereinabove provided.
(f) Annexed Territory to Become Part of the City:
Upon completion of any one of the procedures hereinabove provided, the territory
so annexed shall become a part of the City, and said land and its residents and
future residents shall be entitled to all the rights and privileges of other citizens of
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the City and shall be bound by the acts, ordinances, resolutions and regulations
of the City.
(Charter amendment approved by voters January 20, 1996)
SECTION 1.04 CONTRACTION OF BOUNDARIES
Whenever there exists within the corporate limits of the City any territory not suitable or
necessary for City purposes, and lying adjacent to the corporate limits, the City Council may, upon
a petition signed by a majority of the qualified voters residing in such territory if the same be
inhabited, or without any such petition if the same be uninhabited, by ordinance duly passed,
discontinue said territory as a part of said City; said petition and ordinance shall specify accurately
the metes and bounds of the territory sought to be eliminated from the City and shall contain a plat
designating such territory so that the same can be definitely ascertained; and when said ordinance
has been duly passed the same shall be entered upon the minutes and records of said City, and
from and after the entry of such ordinance said territory shall cease to be a part of said City, but
said territory shall still be liable for its pro rate share of any debts incurred while said area was a
part of said City, and the City shall continue to levy, access and collect taxes on the property
within said territory to pay the indebtedness incurred while said area was a part of the City as
though the same had not been excluded from the boundaries of the City.
(Charter amendment approved by voters January 20, 1996)
ARTICLE 2
POWERS OF THE CITY
SECTION 2.01 GENERAL
The City may use a corporate seal; may sue and be sued; may contract and be contracted
with; may implead and be impleaded in all courts in all matters whatsoever; may cooperate with
the government of the state of Texas or any agency thereof, the Federal Government or any
agency thereof, or any political subdivision of the state of Texas; and shall have all the powers
granted to cities by the constitution and laws of the state of Texas, together with all the implied
powers necessary to carry into execution all the powers granted. The City may own or acquire
property within or without its boundaries for any municipal purpose in fee simple or in any lesser
interest or estate, by purchase, gift, devise, lease or condemnation or may sell, lease, hold,
manage, control and police any property now owned by it or which it may hereafter acquire, and
shall have the right to lease or let its property whether inside or outside of the City Limits, subject
to the limitations hereinafter set out, and may construct, own, lease, operate and regulate public
utilities, may assess, levy and collect taxes for general and special purposes on all lawful subjects
of taxation; may borrow money on the faith and credit of the City by the issuance and sale of
bonds, certificates of obligation, warrants or notes of the City; may appropriate the money of the
City for all lawful purposes; may regulate and control the use, for whatever purpose, of the streets
and other public places; may make and enforce all police, health, sanitary and other regulations;
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and may pass such ordinances as may be expedient for the protection and maintenance of good
government, peace and welfare of the City, for the performance of the functions thereof, for the
order and security of its residents; and may provide suitable penalties for the violations of any
ordinance enacted by the City ; and, except and prohibited by the constitution and laws of this
state or restricted by this Charter, the City may exercise all municipal powers, functions, rights,
privileges and immunities of every name and nature whatsoever.
(Charter amendment approved by voters January 20, 1996)
SECTION 2.02 GENERAL POWERS ADOPTED
The enumeration of the particular powers in this Charter shall not be held or deemed to
be exclusive but in addition to the powers enumerated herein or implied hereby or appropriate to
the exercise of such powers, the City shall have and may exercise all power of local self-
government and all other powers which, under the constitution and laws of the state of Texas, it
would be competent for this Charter specifically to enumerate. The City shall have and may
exercise all the powers of a home rule city as enumerated in Article 1175, Chapter 13, Title 28,
of the Revised Civil Statutes of the state of Texas of 1925 and in the Tex. Loc. Gov't. Code
Ann., as now or hereafter amended.
(Charter amendment approved by voters January 20, 1996)
SECTION 2.03 EMINENT DOMAIN
The City shall have the full power and right 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 and laws of the state of Texas. The City may exercise the power of eminent domain
in any manner authorized or permitted by the constitution and laws of this state. The power of
eminent domain hereby conferred shall include the right of the City to take the fee in land so
condemned and such power and authority shall include the right to condemn public property for
such purposes. The City shall have and possess the power of condemnation for any municipal or
public purposes even though not specifically enumerated in this Charter.
(Charter amendment approved by voters January 20, 1996)
SECTION 2.04 ZONING IN GENERAL
The City 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 Tex. Loc. Gov't Code Ann., Title 7.,
Subtitle A. and Title 12., Subtitle A, as now or hereafter amended.
(Charter amendment approved by voters January 20, 1996)
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SECTION 3.01
ARTICLE 3
THE CITY COUNCIL
NUMBER, SELECTION AND TERM
The City Council shall be composed of the Mayor and six (6) Council members. The
Mayor and all Council members shall be elected from the City at large and each Council member
shall occupy a position on the City Council, such positions being numbered 1 through 6
consecutively. The Mayor and Council members shall be elected in the manner provided in
Article 5 of this Charter to serve for three (3) year terms.
In order to provide for an orderly transition from two (2) year terms to three (3) year
terms, at the first general election held under this amended Article, two (2) Council members shall
be elected to serve two (2) year terms and two (2) Council members shall be elected to serve three
(3) year terms. The positions which shall be elected to two (2) year terms shall be determined by
drawing lots at the first regular City Council meeting held after this amended Article is adopted.
The following year, and each year thereafter, all elections shall be for three (3) year terms.
(Charter amendment approved by voters November 6, 1979; January 20, 1996)
SECTION 3.02 QUALIFICATIONS
In addition to any other qualifications prescribed by law, the Mayor and each Council
member shall meet the conditions of Section 5.02 while in office, and shall reside within the City
while in office.
(Charter amendment approved by voters January 20, 1996)
SECTION 3.03 JUDGE OF ELECTION QUALIFICATIONS
The City Council shall be the final judge of all elections and of qualifications of its
members and any other elected officials of the City.
(Charter amendment approved by voters January 20, 1996)
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SECTION 3.04 COMPENSATION
The Mayor and Council members shall receive compensation as may be fixed by
ordinance; provided, however, that they shall be entitled to all necessary expenses incurred in the
performance of their official council duties upon approval by the City Council.
(Charter amendment approved by voters April 5, 1986; January 20, 1996)
SECTION 3.05 MAYOR AND MAYOR PRO -TEM
The Mayor shall be the official head of the City government. The Mayor shall be the
chairman of, and shall preside at all meetings of the City Council. The Mayor shall vote on every
proposition before the City Council, but shall have no power to veto. The Mayor shall see that
all ordinances, bylaws, and resolutions of the City Council are faithfully obeyed and enforced.
Except as provided in Section 4.01, the Mayor shall, when authorized by the City Council, sign
all official documents such as ordinances, resolutions, conveyances, grant agreements, official
plats, contracts, and bonds. The Mayor shall appoint special committees he or she deems
advisable and as instructed by the City Council. The Mayor shall perform such other duties
consistent with this Charter or as may be imposed upon him or her by the City Council.
The Mayor Pro -tem shall be a Council member elected by the City Council at the first
regular City 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
conferred upon the Mayor.
(Charter amendment approved by voters January 20, 1996; May 15, 2004)
SECTION 3.06 VACANCIES, FORFEITURE, FILLING OF VACANCIES
(a) Vacancies:
The office of a Council member or office of the Mayor shall become vacant upon
his or her death, resignation, removal from office in any manner authorized by
law, or forfeiture of his or her office.
(b) Forfeiture of Office:
If the Mayor or any Council member:
(1) fails to maintain the qualifications as required in Sections
3.02 and 5.02 herein;
(2) has been found by at least a 2/3 vote of the City Council to have
violated any express prohibition of this Charter;
(3) is convicted of a crime involving moral turpitude; or
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(4) fails to attend three (3) consecutive regular City Council
meetings without being excused by the City Council,
the City Council shall, at its next regular meeting, declare the office to be vacant
and shall fill such vacancy as set forth in Subsection (c) below of this Section
3.06.
(Charter amendment approved by voters November 6, 1979; January 20, 1996)
(c) Filling of Vacancies:
When any vacancy or vacancies shall occur on the City Council, a special
election shall be called in accordance with state law to fill the vacancy or
vacancies in the same manner as described herein for regular elections.
(Charter amendment approved by voters April 5, 1986; January 20, 1996)
SECTION 3.07 GENERAL POWERS AND DUTIES
All powers of the City shall be vested in the City Council, except as otherwise provided
by law or this Charter, and the City Council shall provide for the exercise thereof and for the
performance of all duties and obligations imposed on the City by law.
(Charter amendment approved by voters January 20, 1996)
SECTION 3.08 PROHIBITIONS
(a) Holding Other Office:
Except where authorized by law, no Mayor or Council member shall hold any
other City office or City employment during his or her term as Mayor or Council
member and no former Mayor or Council member shall hold any compensated
appointive City office or City employment until one year after the expiration of
his or her term as Mayor or Council member.
(b) Appointments and Removals:
Neither the City Council nor any of its members shall in any manner dictate the
appointment or removal of any City administrative officers or employees whom
the City Manager or any of his or her subordinates are empowered to appoint,
but the City Council may express its views and fully and freely discuss with the
City Manager anything pertaining to appointment and removal of such officers and
employees.
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(c) Interference with Administration:
Except for the purpose of inquiries and investigations under Section 3.16, the
City Council or its members shall deal with City officers and employees who are
subject to the direction and supervision of the City Manager solely through the
City Manager, and neither the City Council nor its members shall give orders to
any such officer or employee, either publicly or privately, except as otherwise
provided in this Charter.
(Charter amendment approved by voters January 20, 1996)
SECTION 3.09 MEETINGS OF THE CITY COUNCIL
The City 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
City Council shall fix, by ordinance, the days and time of the regular meetings. Special meetings
of the City Council shall be held on the call of the Mayor or of a majority of the City Council
members. Notice of all meetings of the City Council shall be given in accordance with the
provisions of Tex. Gov't Code Ann., Chapter 551, as amended.
(Charter amendment approved by voters January 20, 1996)
SECTION 3.10 QUORUM
Four City Council members shall constitute a quorum for the purpose of transaction of
business and no action of the City Council, except as provided in Section 3.06, shall be valid or
binding unless adopted by the affirmative vote of four or more members of the City Council.
(Charter amendment approved by voters January 20, 1996)
SECTION 3.11 RULES OF PROCEDURE
The City Council shall, by ordinance, 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.
(Charter amendment approved by voters January 20, 1996)
SECTION 3.12 VOTING
The City Council shall provide for minutes being taken and recorded of all meetings, and
such minutes shall be a public record. Except as required by state law, there shall be no
requirement for the taking and recording of minutes of meetings held in executive or closed session
in accordance with Texas Gov't Code Ann., Chapter 551. Voting, except on procedural motions,
shall be by roll call and the ayes and nays shall be recorded in the minutes.
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All members of the City Council present, including the Mayor, shall vote upon every
resolution or ordinance, except where there is a conflict of interest, the reason for which shall be
stated concisely in the records.
(Charter amendment approved by voters November 6, 1979; January 20, 1996)
SECTION 3.13 ORDINANCES IN GENERAL
Ordinances and resolutions shall be introduced in the City Council only in written or
printed form. Ordinances making appropriations shall be confined to the subject of appropriations.
Any ordinance which levies a fine or penalty and those dealing with budget and/or tax,
franchises, public utilities or the setting of their rates, shall be read at two regular meetings
followed by publication in full or by caption in two successive issues of the official newspaper of
the City before the same shall become effective.
All other ordinances shall not be finally passed until they have been read on two separate
days not less than twelve (12) hours apart; provided however if an ordinance has been introduced
at a regular meeting of the City Council, the requirements for reading on two separate days may
be dispensed with by an affirmative vote of all the City Council members present.
Any ordinance introduced pursuant to Section 9.01 (e) (2) may be adopted and finally
passed at the meeting at which it is introduced.
The final reading of each ordinance shall be read in full unless written or printed copy
thereof shall have been furnished to each member of the City Council prior to such meeting. The
enacting clause of all ordinances shall be: "Be it ordained by the City Council of the City of Round
Rock, Texas."
(Charter amendment approved by voters January 20, 1996)
SECTION 3.14 EMERGENCY ORDINANCES
To meet a public emergency affecting life, property, or the public peace, the City 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 Article 8, Section 8.05. An emergency
ordinance shall be introduced in the form and manner generally prescribed for ordinances, except
that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the
enacting clause, a declaration stating that an emergency exists and describing it in clear and
specific terms. Such emergency clause shall require the affirmative vote of five members of the
City Council. An emergency ordinance may be adopted with or without amendment or rejected
at the meeting at which it is introduced. The affirmative vote of five members of the City Council
shall be required for adoption. 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
automatically 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.
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(Charter amendment approved by voters January 20, 1996)
SECTION 3.15 BONDS FOR CITY EMPLOYEES
The City 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 City
Council and the cost thereof shall be borne by the City.
(Charter amendment approved by voters January 20, 1996)
SECTION 3.16 INVESTIGATIVE BODY
The City Council shall have the power to inquire into the official conduct of any
department, agency, office, officer, or employee of the City, and for that purpose shall have the
power to administer oaths, subpoena witnesses, compelling the production of books, papers, and
other evidence material to the inquiry. The City Council shall provide by ordinance, penalties for
contempt in failing or refusing to obey any such subpoena or to produce any such books, papers
or other evidence, and shall have the power to punish any such contempt in the manner provided
by such ordinance.
(Charter amendment approved by voters January 20, 1996)
ARTICLE 4
ADMINISTRATIVE SERVICE
SECTION 4.01 CITY MANAGER
(a) Appointment and Qualifications:
The City Council by majority vote of the entire City Council shall appoint a City
Manager. The method of selection shall be left to the discretion of the City
Council so long as the method insures orderly, nonpartisan action toward securing
a competent and qualified person to fill the position. The City Manager shall be
chosen solely upon the basis of such person's executive and administrative
training, experience and ability and need not when appointed be a resident of the
City; however, during the tenure of his or her office the City Manager shall
reside within the City. The City Manager shall be bonded at City expense in an
amount to be determined by the City Council.
(Charter amendment approved by voters May 15, 2004)
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(b) Compensation:
The City Manager shall receive compensation as may be fixed by the City
Council according to his or her experience, education, and training. The
compensation shall be agreed upon before appointment with the understanding that
the City Council may change it at their discretion.
(c) Term and Removal:
The City Manager shall not be appointed for a definitive term but may be removed
at the discretion of the City Council, by vote of the majority of the entire City
Council. The action of the City Council in suspending or removing the City
Manager shall be final. It is the intention of this Charter to vest all authority and
fix all responsibilities of such suspension or removal in the City Council.
(d) Powers and Duties:
The City Manager shall be the Chief Administrative Officer of the City,
and shall be responsible to the City Council for the proper administration
of all the affairs of the City and to that end shall have the power and shall be
required to:
(1) see that all state laws and City ordinances are effectively enforced;
(2) appoint, suspend or remove all or any one of the directors of
departments, except as otherwise provided in this Charter;
(3) appoint, suspend or remove such Assistant City Managers as may be
deemed necessary by the City Council to assist the City Manager in
carrying out the day to day management responsibilities;
(4) attend all meetings of the City Council except when excused by the City
Council, and shall have the right to take part in the discussions;
(5)
prepare the budget annually and submit it to the City Council and be
responsible for its administration after its adoption;
(6) prepare and submit to the City Council at the end of the fiscal year a
complete report on the finances and administrative activities of the City
for the preceding year;
(7)
keep the City Council advised of the financial condition and future needs
of the City and make such recommendations as may seem advisable;
(8) make other such reports as the City Council may require concerning the
operations of City departments, offices and agencies subject to his or her
discretion and supervision; and
(9) perform such other duties as may be prescribed by this Charter or
required by the City Council, as consistent with this Charter.
11
(Charter amendment approved by voters May 15, 2004)
(e) Acting City Manager:
The City Manager, within sixty (60) days after taking office, shall designate by
letter filed with the City Secretary, a qualified administrative officer of the City
to be the Acting City Manager in his or her absence or disability. Such designation
shall be subject to the prior approval of the City Council. The Acting City
Manager is authorized to perform the same powers and duties as the City Manager
while acting in the City Manager's stead. No member of the City Council shall
serve as Acting City Manager. From time to time the City Manager may remove
and appoint another Acting City Manager, also with the prior approval of the City
Council. The Acting City Manager shall perform the duties of the City Manager
until the City Manager returns or his or her disability shall cease or until the City
Council designates another person to perform such duties.
(Charter amendment approved by voters November 6, 1979; January 20, 1996; May 15, 2004)
(f) Contracts and Purchases:
The City Council may by ordinance set a maximum amount for which the City
Manager shall be authorized to execute contracts and/or to expend funds for
budgeted items; provided however, that all contracts and expenditures must
comply with state laws requiring competitive bids. The City Council may by
ordinance establish an amount above which all contracts or purchases must be
approved in advance by the City Council. All contracts and purchases shall be
handled in a manner to obtain the best value for the City.
(Charter amendment approved by voters May 15, 2004)
(g) Execution of Documents:
The City Manager shall have the authority to execute on behalf of the City,
standard form documents, including but not limited to deeds, releases of liens,
rental agreements, easements, right-of-way agreements, joint use agreements, and
other similar documents, under the following conditions:
(i) The execution of the document is necessary to carry out a public works
project; utilize, maintain or improve a City facility, street, right-of-way,
easement, park or other City property, or to implement other City
policies; provided that such project, program or policy has been approved
by the City Council;
(ii) That all blanks are filled in on any document correctly and that such
document is consistent with the objectives approved by the City Council;
and
(iii) That the form of such document shall be approved by the City Attorney.
(Charter amendment approved by voters May 15, 2004)
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SECTION 4.02 ADMINISTRATIVE DEPARTMENTS
There shall be such administrative departments as are established by this Charter and may
be established by ordinance and, excepting as otherwise provided in this Charter, these
administrative departments shall be under the direction of the City Manager.
The City Council shall have power by ordinance to establish administrative departments
or offices not herein provided by this Charter. The City Council may discontinue, redesignate,
or combine any of the departments and/or administrative offices. No changes shall be made by the
City Council in the organization of the administrative service of the City until the recommendations
of the City Manager thereon shall have been heard by the City Council.
The head of each department shall be a director who shall have supervision and control
over said department. Two or more departments may be headed by the same individual and the
City Manager may head one or more departments.
(Charter amendment approved by voters January 20, 1996)
SECTION 4.03 MUNICIPAL COURT
(a) There shall be established and maintained a court, designated as a "Municipal
Court" for the trial of misdemeanor offenses, with all such powers and duties as
are now, or may hereafter be prescribed by laws of the state of Texas relative to
municipal courts.
(b)
The judge of said court shall be appointed by the City Council to serve at the
discretion of the City Council. The judge shall be an attorney licensed and
practicing in the state of Texas and shall receive such salary as may be fixed by
the City Council.
(c) There shall be a clerk of said court appointed by the City Manager.
(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) The City Council shall have the power to create and appoint additional
judges as provided by law.
(0 All costs and fines imposed by the Municipal Court shall be paid into the City
Treasury for the use and benefit of the City.
(Charter amendment approved by voters January 20, 1996)
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SECTION 4.04 CITY ATTORNEY
The City Council shall appoint a competent and duly licensed attorney practicing law in
the state of Texas, who shall be the City Attorney. The City Attorney shall receive for his or her
services such compensation as may be fixed by the City Council and shall hold office at the
pleasure of the City Council. The City Attorney, or such other attorneys selected by the City
Attorney with the approval of the City Council, shall represent the City in all litigation. The City
Attorney shall be the legal advisor of, and attorney and counsel for, the City and all officers and
departments thereof.
(Charter amendment approved by voters January 20, 1996)
SECTION 4.05 CITY SECRETARY
The City Manager shall appoint the City Secretary and such Assistant City Secretaries as
the City Council shall deem advisable. The duties of the City Secretary, and Assistant City
Secretaries, shall be as follows:
(a) to give notice of City Council meetings;
(b) to keep the minutes of the proceedings of such meetings;
(c) to authenticate by his or her signature and record in full a book kept and indexed
for the purpose, all ordinances and resolutions; and
(d) to perform such other duties as the City Council shall assign, and those elsewhere
provided for in this Charter.
(Charter amendment approved by voters January 20, 1996)
ARTICLE 5
NOMINATIONS AND ELECTIONS
SECTION 5.01 CITY ELECTIONS
(a) Schedule.
The regular City Election will be held annually in accordance with the provisions
of Tex. Elec. Code Ann., Chapter 41. The City Council shall, by ordinance,
establish the general election date. Elections for candidates who are unopposed
may be canceled in accordance with the provisions of Tex. Elec. Code Ann.,
Chapter 2, Subchapter C. The City Council shall be responsible to specify places
for holding such election.
14
(Charter amendment approved by voters May 15, 2004)
(b) Special Elections.
The City Council may, by ordinance or resolution, order a special election under
conditions specified elsewhere in this Charter, for initiative or referendum of
ordinances, bond issues, Charter amendments, recall of the Mayor or Council
members or other purposes deemed appropriate by City Council. The City
Council will fix time and place for holding such special elections, and provide all
means for holding same.
(c) Voter Eligibility List.
A certified list of voter registrants within the City, as prepared by the County
Election Administrator, shall be maintained on file in the office of the City
Secretary. If for a purpose relating only to a City election or to candidates or
issues involved in such election, any organization, group or person requests a list
of qualified voters of the City, permission to copy the current list shall be granted
by the City Secretary.
(d) Conduct and Regulation of Elections.
All City elections shall be governed by the constitution of the state of Texas,
general laws of the state, this Charter, and ordinances of the City, in the order
named. Municipal elections shall be conducted by the election officials appointed
or approved by the City Council. Sample ballots identical to the voting machine
format for the specific election shall be posted in the voting place(s) for purpose
of voter orientation.
(Charter amendment approved by voters January 20, 1996; May 6, 2000)
SECTION 5.02 FILING FOR OFFICE
(a) Eligibility to File. Each candidate for an elective City office shall meet the
following qualifications:
(1) be a registered voter of the City;
(2) have resided for at least twelve (12) months preceding the election within
the corporate limits of the City, including territory annexed prior to the
filing deadline; and
(3) not be in arrears in the payment of any taxes or other liabilities due the
City. "In arrears" is defined herein to mean that payment has not been
received within ninety (90) days from due date.
(b) Additional restrictions. In addition to the foregoing qualifications, the following
restrictions shall apply:
15
(1) An incumbent seeking reelection must file for the same position number
presently serving.
(2) No candidate may file for more than one office or position number per
election.
(3) No employee of the City shall continue in such position after filing for an
elective office of the City.
(4) No candidate shall be placed on the ballot unless his or her application is
accompanied by either (1) a filing fee of fifty dollars ($50.00), or (2) a
petition signed by qualified voters residing in the City equal in the number
to the greater of: (a) twenty-five, or (b) one-half of one percent of the
total vote received by all candidates for mayor in the most recent mayoral
regular election. The signed petition shall be filed with the City
Secretary, together with the candidate's sworn application. Each signer
next to his or her signature shall indicate the signer's date of birth, date
of signing, the signer's printed name, and the street address of his or her
place of residence, including the county of residence.
(Charter amendment approved by voters November 6, 1979; January 20, 1996; May 6, 2000)
SECTION 5.03 OFFICIAL BALLOTS
(a) Names on Ballot.
The name of each candidate nominated for office, except those who have
withdrawn, died or became ineligible, shall be printed on the official ballots
without party designation or symbol, and in the form designated by the candidate.
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) Early Voting Ballots.
Procedures for early voting shall be consistent with Title 7., Subtitle A., Texas
Election Code.
(d) Ballots for Ordinances, Bond Issues, and Charter Amendments.
An ordinance, bond issue or Charter amendment, to be voted on by qualified
voters of 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 entire City Council describing the substance of the
16
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 box in
which the voter may cast his or her vote by marking a cross (X).
(e) Write -In Votes.
Procedures for write-in votes shall be consistent with the Tex. Elect. Code Ann.,
as amended.
(Charter amendment approved by voters January 20, 1996; May 6, 2000)
SECTION 5.04 CANVASSING
The City Council shall, at a special meeting called for that purpose or at its next regular
meeting, canvass the returns from any municipal election and declare the results of said election
to be official. The returns of every municipal election shall be recorded in the minutes of the City
Council, by totals for each candidate, or, for or against each issue submitted.
(Charter amendment approved by voters November 6, 1979; January 20, 1996)
SECTION 5.05 ELECTION BY MAJORITY
A majority vote for an elective office is that number of votes which is greater than one-half
of the total number of valid ballots cast for the office concerned. Any candidate for elective office
who receives 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.
SECTION 5.06 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 between the two (2) candidates who received the greater number of votes. Such run-off
election shall be held in accordance with the Tex. Elec. Code Ann., as amended.
(Charter amendment approved by voters January 20, 1996)
17
ARTICLE 6
RECALL OF OFFICERS
SECTION 6.01 SCOPE OF RECALL
Any elected City official, whether elected to office by the qualified voters of the City or
appointed by the City Council to fill a vacancy, shall be subject to recall and removal from the
office by the qualified voters of the City.
(Charter amendment approved by voters November 6, 1979; January 20, 1996)
SECTION 6.02 PETITION FOR RECALL
Before the question of recall of such officer shall be submitted to the qualified voters of
the City, a petition demanding such question to be so submitted shall first be filed with the person
performing the duties of the City Secretary; which said petition shall be signed by qualified voters
of the City equal in number to at least ten percent (10%) of the number of qualified voters as
currently certified to by the County Election Administrator. Such petition shall contain a general
statement of the grounds for which the removal is sought.
A signature on a petition for recall is valid only if the petition includes the following
information with respect to each signer:
(a) the signer's residence address, including the county;
(b) the signer's date of birth and the signer's voter registration number;
(c) the date of signing; and
(d) the signer's printed name.
(Charter amendment approved by voters November 6, 1979; January 20, 1996; May 6, 2000)
SECTION 6.03 RECALL PROCEDURE
Any qualified voters of the City may make and file with the person performing the duties
of City Secretary an affidavit containing the name or names of the officer(s) whose removal is sought
and a statement of the grounds for removal. The City Secretary shall immediately notify in writing
the officer(s) sought to be removed that the affidavit has been filed and shall inform the officer(s)
of its statement of grounds. The City Secretary shall within a period of two (2) working days from
the time the affidavit was filed thereupon make available to the qualified voters making such affidavit
copies of petition blanks demanding such removal. The City Secretary shall keep a sufficient number
of such printed petition blanks on hand for distribution. Such blanks when issued by the City
Secretary shall bear the signature of the City Secretary and be of such form as prescribed in Section
6.04 of this Article, and shall be numbered, dated, and indicate the name of the person to whom
issued. The City Secretary shall enter in a record to be kept in his or her office the name of the
qualified voters to whom the petition blanks were issued and the number to said person.
18
(Charter amendment approved by voters November 6, 1979; January 20, 1996; May 6, 2000)
SECTION 6.04 FORM OF RECALL PETITION
The recall petition mentioned above must be addressed to the City Council of the City of
Round Rock, must distinctly and specifically state the ground(s) upon which such petition for
removal is predicated, and, if there be more than one ground, such as for incompetency,
noncompliance with this Charter, misconduct or malfeasance in office, shall specifically state each
ground with such certainty as to give the officer sought to be removed, notice of such matters and
things with which he or she is charged. Recall petition papers provided by the person performing
the duties of City Secretary shall be in form substantially as follows:
We the undersigned qualified voters of the City of Round Rock hereby demand
the question of removing (Name of Person) from the office of (Name of Office)
be submitted to a vote of the qualified voters of the City. The charges and
specifications upon which this demand for removal is predicated are as follows:
Signature Printed Name Address, including county Date of Birth Voter Registration No.
The signatures shall be verified by oath in the following form:
"STATE OF TEXAS §
COUNTY OF WILLIAMSON §
I, , being first duly sworn, on oath depose and say that
I am one of the signers of the above petition; and that the statements made therein
are true, and that each signature appearing thereto was made in my presence on
the day and date it purports to have been made, and I solemnly swear that the
same is the genuine signature of the person whose name it purports to be.
Sworn and subscribed to before me this day of
Notary Public in and for
Williamson County, Texas"
(Charter amendment approved by voters January 20, 1996; May 6, 2000)
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SECTION 6.05 VARIOUS PAPERS CONSTITUTING RECALL PETITION
(a) The petition may consist of one or more copies, or subscription list, circulated
separately, and the signatures thereto may be upon the paper or papers containing
the form of petition, or upon other papers attached thereto. Verifications provided
for in the next preceding section of this Article may be made by one or more
petitioners, and the several parts or copies of the petition may be filed separately
and by different persons; but no signatures to such petition shall remain effective
or be counted which were placed thereon more than forty-five (45) days prior to
the filing of such original petition or petitions with the person performing the
duties of City Secretary on the same day, and the said Secretary shall immediately
notify, in writing by registered mail, the officer so sought to be removed, by
mailing such notice to such officer's address.
(b) Certification procedures as described in Section 7.04 shall be followed in
certification of the recall petition.
(Charter amendment approved by voters January 20, 1996)
SECTION 6.06 PRESENTATION OF RECALL PETITION TO CITY COUNCIL
The person performing the duties of City Secretary shall present such certified petition to
the City Council at the next regular City Council meeting.
(Charter amendment approved by voters January 20, 1996)
SECTION 6.07 PUBLIC HEARING TO BE HELD ON RECALL PETITION
The officer whose removal is sought may, within five (5) days after such recall petition
has been presented to the City Council, request that a public hearing be held to permit such officer
to present facts pertinent to the charges specified in the recall petition. In this event, the City
Council shall order such public hearing to be held, not less than five (5) days nor more than fifteen
(15) days after receiving such request for a public hearing.
(Charter amendment approved by voters January 20, 1996)
SECTION 6.08 RECALL ELECTION TO BE CALLED
If the officer whose removal is sought does not resign, then it shall become the duty of the
City Council to order an election and fix a date for holding such recall election, the date of which
election shall be in accordance with the Tex. Elect. Code Ann.
(Charter amendment approved by voters January 20, 1996)
20
SECTION 6.09 BALLOTS IN RECALL ELECTION
Ballots used at recall elections shall conform to the following requirements:
(a) With respect to each person whose removal is sought, the question shall be
submitted: "Shall (Name of Person) be removed from the office of (Name of
Office) by recall?"
(b) Immediately below each such question there shall be printed the two following
propositions, one above the other, in order indicated:
"FOR the removal of
"AGAINST the removal of
SECTION 6.10 RESULT OF RECALL ELECTION
by recall."
by recall."
If a majority of the votes cast at a recall election shall be against the recall of the person
named on the ballot, he or she shall continue in office for the remainder of his or her unexpired
term, subject to recall as before. If a majority of the votes cast at such an election be for the recall
of the person named on the ballot, he or she shall, regardless of any technical defects in the recall
petition, be deemed removed from office and the vacancy shall be filled as vacancies in the City
Council are filled.
In no instance shall an officer removed from office by recall election succeed himself or
herself , nor shall such officer's name appear on a ballot for elective office of the City within a
period of two (2) years following the date of the election at which such officer was removed from
office.
(Charter amendment approved by voters January 20, 1996)
SECTION 6.11 RECALL; RESTRICTIONS THEREON
No recall petition shall be filed against any officer of the City within six (6) months after
such officer's election or appointment, nor within six (6) months after an election for such officer's
recall.
(Charter amendment approved by voters January 20, 1996)
SECTION 6.12 FAILURE OF CITY COUNCIL TO CALL AN ELECTION
In case all of the requirements of this Charter shall have been met and the City Council
shall fail or refuse to receive the recall petition, or to order such recall election, or to discharge
any other duties imposed upon said City Council by the provisions of this Charter with reference
to such recall, then the County Judge of Williamson County, Texas, or other judge of competent
jurisdiction shall discharge any such duties herein provided to be discharged by the person
performing the duties of City Secretary or by the City Council.
21
(Charter amendment approved by voters January 20, 1996)
ARTICLE 7
INITIATIVE AND REFERENDUM
SECTION 7.01 GENERAL AUTHORITY
(a) Initiative.
The qualified voters of the City shall have power to propose ordinances to the
City Council, except ordinances appropriating money or levying of taxes, or
applicable to zoning, not in conflict with this Charter, the state Constitution, or
the state laws; and, if the City Council fails to adopt an ordinance so proposed,
to adopt or reject it at a City election.
(Charter amendment approved by voters November 6, 1979; January 20, 1996)
(b) Referendum.
The qualified voters of the City shall have power to require reconsideration by the
City Council of any adopted ordinance and, if the City Council fails to repeal an
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 emergency
ordinance or ordinance relating to appropriation of money or levy of taxes, or
applicable to zoning, or to bonds issued pursuant to the authority of an election or
elections theretofore held.
(Charter amendment approved by voters November 6, 1979; January 20, 1996)
SECTION 7.02 COMMENCEMENT OF PROCEEDINGS;
PETITIONERS' COMMITTEE; AFFIDAVIT
Any five (5) or more qualified voters of the City may commence initiative or referendum
proceedings by filing with the City Secretary an affidavit stating that they will constitute the
petitioners' committee and be responsible for circulating the petition and filing it in proper form,
stating their names and addresses, and setting out in full the proposed initiative ordinance or citing
the ordinance sought to be reconsidered.
No later than ten (10) days after the date that the aforesaid affidavit is filed and received
by the City Secretary, supplemental affidavits may be filed adding names to the petitioners'
committee membership.
22
The affidavit shall also designate one member as the Committee Chairperson and state the
name, address and telecopier number (if any) of the Committee Chairperson to which all notices
provided herein shall be served. The name of the Committee Chairperson may be changed by an
amendment to the affidavit signed by at least a majority of the committee members.
All notices provided for herein may be served on the Committee Chairperson by personal
delivery, by telephonic document transfer to the current telecopier number, if any, or by mail,
which shall be complete upon deposit of the paper, enclosed in a postpaid, properly addressed
wrapper, in a post office or official depository under the care and custody of the United States
Postal Service.
Within ten (10) business days after the affidavit of the petitioners' committee is filed, the
person performing the duties of City Secretary shall issue the appropriate petition blanks to the
petitioners' committee.
(Charter amendment approved by voters January 20, 1996; May 6, 2000; May 15, 2004)
SECTION 7.03 PETITIONS
(a) Number of Signatures.
Initiative and referendum petitions must be signed by qualified voters of the City
equal in number to at least five percent (5%) of the number of total qualified
voters of the City as currently certified to by the County Election Administrator,
or 250, whichever is greater.
(b) Form and Content.
All papers of a petition shall be uniform in size and style and shall be assembled
as one instrument for filing. Petitions shall contain or have attached thereto
throughout their circulation the full text of the ordinance proposed or sought to be
reconsidered.
A signature on a petition for initiative or referendum is valid only if the petition
includes the following information with respect to each signer:
(a) the signer's residence address, including county;
(b) the signer's date of birth and voter registration number;
(c) the date of signing; and
(d) the signer's printed name.
(c) Affidavit of Circulator.
When filed, each paper of a petition shall have attached to it an affidavit executed by
the circulator thereof stating that he or she personally circulated the paper, the number
of signatures thereon, that all the signatures were affixed in the circulator's presence,
that the circulator believes them to be the genuine signatures of the persons whose
names they purport to be and that each signer had an opportunity before signing to
read the full text of the ordinance proposed or sought to be reconsidered.
23
(d) Time for Filing Petitions.
Petitions must be filed within forty-five (45) days after the initial issuance of the
appropriate blanks to the petitioners' committee.
(Charter amendment approved by voters January 20, 1996; May 6, 2000; May 14, 2004)
SECTION 7.04 DETERMINATION OF SUFFICIENCY
(a) Certificate of City Secretary.
Within ten (10) days after the petition is filed, the person performing the duties
of City Secretary shall complete a certificate as to its sufficiency, specifying, if
it is insufficient, the particulars wherein it is defective and shall immediately upon
completion of certification serve a copy of the certificate to the Committee
Chairperson, as set forth in Section 7.02.
(Charter amendment approved by voters May 15, 2004)
(b)
Sufficient Petition, Final Determination.
If the petition is certified sufficient, the person performing the duties of City
Secretary shall present the certificate to the City Council by the next regular City
Council meeting and the certificate shall be a final determination as to the
sufficiency of the petition.
(c) Insufficient Petition, Final Determination.
If a petition is certified insufficient, and the petitioners' committee does not elect
to request City Council review under subsection (d) of this section within the time
required, the City Secretary shall present a certificate to the City Council by the
next regular City Council meeting which shall be a final determination of the
insufficiency of the petition.
(Charter amendment approved by voters May 15, 2004)
(d) Insufficient Petition, Appeal.
If a petition has been certified insufficient, the committee may, within two (2)
working days after receiving the copy of such certificate, file a request that it be
reviewed by the City Council. The City Council shall review the certificate at
its next regular meeting following the filing of such request and approve or
disapprove it, and the City Council's determination shall then be a final
determination.
(Charter amendment approved by voters May 15, 2004)
24
(e) Court Review: New Petition.
A final determination as to the sufficiency of a petition shall be subject to review
in a court of competent jurisdiction and higher. A final determination of
insufficiency, even if sustained upon court review, shall not prejudice the filing
of a new petition for the same purpose.
(Charter amendment approved by voters January 20, 1996; May 15, 2004)
SECTION 7.05 REFERENDUM PETITIONS; SUSPENSION
OF EFFECT OF ORDINANCE
When a referendum petition is determined to be sufficient, the ordinance sought to be
reconsidered shall be suspended, and such suspension shall continue until the City Council repeals
the ordinance or the ordinance is upheld by election.
(Charter amendment approved by voters January 20, 1996)
SECTION 7.06 ACTION ON PETITIONS
(a) Action by City Council.
Within sixty (60) days after the date the initiative or referendum petition has been
finally determined sufficient, the City Council shall:
(1) adopt a proposed initiative ordinance without any change in substance; or
(2) repeal a referred ordinance; or
(3) call an election on the proposed or referred ordinance as specified in
Section 7.06(b).
(b) Submission to Voters.
The election on a proposed or referred ordinance shall be held on the next
available uniform election date as required by state law. Said called election may
coincide with a regular City election should such City election fall within the
specified period. Special elections on initiated or referred ordinances shall not be
held more frequently than once each six (6) months, and no ordinance
substantially the same as an initiated ordinance which has been defeated or on
substantially the same as a referred ordinance which has been approved at any
election may be initiated by the voters within two (2) years from the date of such
election. Copies of the proposed or referred ordinance shall be made available at
the polls.
25
(c) Publication of Proposed and Referred Ordinance.
The person performing the duties of City Secretary shall publish at least once in
the official newspaper of the City the proposed or referred ordinance within
fifteen (15) days of the election, and shall give such other notices and do such
other things relative to such election as are required in general municipal elections
or by the ordinance calling said election.
(d) Withdrawal of Petition.
An initiative or referendum petition may be withdrawn at any time prior to the
time the petition has been determined to be sufficient by filing with the City
Secretary a request for withdrawal signed by at least eighty percent (80%) of the
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.
(Charter amendment approved by voters January 20, 1996; May 6, 2000)
SECTION 7.07 FORM OF BALLOTS
The ballots used when voting upon such proposed and referred ordinances shall also set
forth their nature sufficiently to identify them and shall set forth upon separate lines the words:
"FOR THE ORDINANCE," and
"AGAINST THE ORDINANCE."
SECTION 7.08 RESULTS OF ELECTION
(a) Initiative.
If a majority of the qualified voters voting on a proposed initiative ordinance vote
in its favor, it shall be considered adopted upon certification of the election results
and shall be treated in all respects in the same manner as ordinances of the same
kind adopted by the City Council. If conflicting ordinances are approved at the
same election, the one receiving the greatest number of affirmative votes shall
prevail.
(b) Repeal or Amendment of an Initiated Ordinance.
An ordinance adopted by initiative may be repealed or amended at any time after
the expiration of two (2) years by a vote of five (5) or more of the City Council
members qualified and serving.
(c) Referendum.
If a majority of the qualified voters voting on a referred ordinance vote against the
ordinance, it shall be considered repealed upon certification of the election results.
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If a majority of the qualified voters voting on a referred ordinance vote for the
ordinance, it shall be considered in effect and petition shall become void.
(d) Adoption of an Ordinance Repealed by Referendum.
An ordinance repealed by referendum may be re-inacted at any time after the
expiration of two (2) years by a vote of five (5) or more of the City Council
members qualified and serving.
(Charter amendment approved by voters January 20, 1996; May 6, 2000)
ARTICLE 8
FINANCIAL ADMINISTRATION
SECTION 8.01 FISCAL YEAR
The fiscal year of the City shall begin on the first day of each October and end on the last
day of September of the succeeding year. All funds collected by the City during any fiscal year,
including both current and delinquent revenues, shall belong to such fiscal year and, except for
funds derived to pay interest and create a sinking fund on the bonded indebtedness of the City,
may be applied to the payment of expenses incurred during such fiscal year, except as provided
in this Charter. Any revenues uncollected at the end of any fiscal year, and any unencumbered
funds actually on hand, shall become resources of the next succeeding fiscal year.
SECTION 8.02 PUBLIC RECORD
Copies of the budget adopted shall be public records and shall be made available to the
public for inspection upon request.
SECTION 8.03 ANNUAL BUDGET
(a) Content.
The budget shall provide a complete financial plan of all City funds and activities
and, except as required by law or this Charter, shall be in such form as the City
Manager deems desirable or the City Council may require. A budget message
explaining the budget both in fiscal terms and in terms of the work programs shall
be submitted with the budget. It shall outline the proposed financial policies of the
City for the ensuing fiscal year, describe the important features of the budget,
indicate any major changes, from the current year in financial policies,
expenditures, and revenues, with reasons for such changes. It shall also
summarize the City's debt position and include such other material as the City
Manager deems desirable. The budget shall begin with a clear general summary
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of its contents and shall show in detail all estimated income, indicating the
proposed property tax levy, and all proposed expenditures, including debt service,
for the ensuing fiscal year. The proposed budget expenditures shall not exceed the
total of estimated income. The budget shall be so arranged as to show comparative
figures for actual and estimated income and expenditures of the current fiscal year
and actual income and expenditures of the preceding fiscal year, compared to the
estimate for the budgeted year. It shall include in separate sections:
(1) an itemized estimate of the expense of conducting each department,
division, and office;
(2) reasons for proposed increases or decreases of such items of expenditure
compared with the current fiscal year;
(3) a separate schedule for each department, indicating tasks to be
accomplished by the department during the year, and additional desirable
tasks to be accomplished, if possible;
(4) a statement of the total probable income of the City from taxes for
the period covered by the estimate;
(5) tax levies, rates, and collections for the preceding five years;
(6) an itemization of all anticipated revenue from sources other than the tax
levy;
(7)
the amount required for interest on the City's debts, for sinking
fund and for maturing serial bonds;
(8) the total amount of outstanding City debts, with a schedule of maturities
on bond issue;
(9) anticipated net surplus or deficit for the ensuing fiscal year of each utility
owned or operated by the City and the proposed method of its disposition
(subsidiary budgets for each such utility giving detailed income and
expenditure information shall be attached as appendices to the budget);
(10) a Capital Improvement Program, which may be revised and extended
each year to indicate capital improvements pending or in process of
construction or acquisition, and shall include the following items:
i. a summary of proposed programs;
ii. a list of all capital improvements which are proposed to be
undertaken during the five (5) fiscal years next ensuing, with
appropriate supporting information as to the necessity for such
improvements;
iii. cost estimates, method of financing and recommended time
schedules for each such improvement; and
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iv. the estimated annual cost of operating and maintaining the
facilities to be constructed or acquired; and
(11) such other information as may be required by the City Council.
(b) Submission.
On or before the first day of August of each year, the City Manager shall submit
to the City Council a proposed budget and an accompanying message. The City
Council shall review the proposed budget and revise same as deemed appropriate
prior to general circulation for public hearing.
(c) Public Notice and Hearing.
The City Council shall post in the City Hall and publish in the official newspaper
a general summary of the proposed budget and a notice stating:
(1) the times and places where copies of the message and budget are
available for inspection by the public; and
(2) the time and place, not less than two (2) weeks after such publication, for
a public hearing on the budget.
(d) Amendment Before Adoption.
After the hearing, the City Council may adopt the budget with or without
amendment. In amending the budget, it may add or increase programs or amounts
and may delete or decrease any programs or amounts, except expenditures
required by law or for debt service or for estimated cash deficit, provided that no
amendment to the budget shall increase the authorized expenditures to an amount
greater than the total of estimated income plus funds available from prior years.
(e) Adoption.
The budget shall be finally adopted not later than the final day of the last month
of the fiscal year. Adoption of the budget shall constitute a levy of the property
tax therein proposed. Should the City Council take no final action on or prior to
such day the budget, as submitted, together with its proposed tax levy, shall be
deemed to have been finally adopted by the City Council. No budget shall be
adopted or appropriations made unless the total of estimated revenues, income and
funds available shall be equal to or in excess of such budget or appropriations,
except as otherwise provided in this Article.
(Charter amendment approved by voters January 20, 1996)
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SECTION 8.04 ADMINISTRATION OF BUDGET
(a) Payments and Obligations Prohibited.
No payment shall be made or obligation incurred against any allotment or
appropriation except in accordance with appropriations duly made and unless the
City Manager or designee first certifies that there is a sufficient unencumbered
balance in such allotment or appropriations and that sufficient funds therefrom are
or will be available to cover the claim or meet the obligation when it becomes due
and payable. Any authorization of payment or incurring of obligation in violation of
the provisions of this Charter shall be void and any payment so made illegal. Such
action shall be the cause for removal of any officer who knowingly authorized or
made such payment or incurred such obligations, and such officer shall also be
liable to the City for any amount so paid. However, this prohibition shall not be
construed to prevent the making or authorizing of payments or making of contracts
for capital improvements to be financed wholly or partly by the issuance of bonds,
time warrants, certificates of indebtedness, or certificates of obligation, or to prevent
the making of any contract or lease providing for payments beyond the end of the
fiscal year, provided that such action is made or approved by ordinance.
(b) Financial Reports.
The City Manager shall submit to the City Council at least quarterly the financial
condition of the City by budget item, budget estimate versus accruals for the fiscal
year to date. The financial records of the City will be maintained on an accrual
basis to support this type of financial management.
(Charter amendment approved by voters January 20, 1996; May 6, 2000)
SECTION 8.05 EMERGENCY APPROPRIATIONS
At any time in any fiscal year, the City Council may, pursuant to this section, make
emergency appropriations to meet a pressing need for public expenditure, for other than regular
or recurring requirements, to protect the public health, safety or welfare. Such appropriation shall
be by ordinance adopted by the favorable votes of five (5) or more of the City Council members
qualified and serving, and shall be made only upon recommendation of the City Manager. The
total amount of all emergency appropriations made in any fiscal year shall not exceed the amount
allowed by state law.
(Charter amendment approved by voters January 20, 1996)
SECTION 8.06 BORROWING TO MEET EMERGENCY APPROPRIATIONS
In the absence of unappropriated available revenues or other funds to meet emergency
appropriations provided for under the preceding Section 8.05, the City Council may by resolution,
authorize the borrowing of money to meet such deficit as provided by law.
(Charter amendment approved by voters January 20, 1996)
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SECTION 8.07 BORROWING IN ANTICIPATION OF PROPERTY TAXES
In any fiscal year, in anticipation of the collection of the ad valorem property tax for such
year, whether levied or to be levied in such year, the City Council may by resolution authorize
the borrowing of money, not to exceed in any fiscal year an amount equal to ten percent (10%)
of the budget for that fiscal year. Such borrowing shall be by the issuance of negotiable notes of
the City, each of which shall be designated, "Tax Anticipation Note for the Year " (stating the
tax year). Such notes shall mature and be payable not later than the end of the fiscal year in which
issued.
(Charter amendment approved by voters January 20, 1996)
SECTION 8.08 DEPOSITORY
All monies received by any person, department or agency of the City for or in connection
with affairs of the City shall be deposited promptly in the City depository or depositories, which
shall be designated by the City Council in accordance with such regulations and subject to such
requirements as to security for deposits and interest thereon as may be established by ordinance.
All checks, vouchers, or warrants for the withdrawal of money from the City depositories shall
be signed by the Mayor or City Manager and countersigned by an authorized designee, as
approved by City Council ordinance. Provided, that the City Council, under such regulations and
limitations as it may prescribe, may by ordinance authorized the use of machine -imprinted
facsimile signatures of said Mayor and City Manager and authorized designee on such checks,
vouchers and warrants.
(Charter amendment approved by voters January 20, 1996; May 15, 2004)
SECTION 8.09 PURCHASE PROCEDURE
All purchases made and contracts executed by the City shall be pursuant to a requisition
from the head of the office, department or agency whose appropriation will be charged and no
contract order shall be binding upon the City unless the City Manager certifies that there is to the
credit of such office, department or agency a sufficient unencumbered appropriation and allotment
balance to pay for the supplies, materials, equipment or contractual services for which the contract
or order is to be issued.
(Charter amendment approved by voters November 6, 1979, as amended by Charter amendment
approved by voters April 5, 1986)
SECTION 8.10 INDEPENDENT AUDIT
At the close of each fiscal year, and at such other 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, a copy of the audited annual financial report shall be placed in the public library and
placed on file in the City Secretary's office as public record. A notice shall be published in the
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official newspaper when the aforesaid copies of the audited annual financial report are available
to the public.
(Charter amendment approved by voters January 20, 1996; May 15, 2004)
ARTICLE 9
BONDS
SECTION 9.01 BORROWING FOR CAPITAL IMPROVEMENTS
(a) Borrowing.
The City Council shall have the power, except as prohibited by law, to borrow
money by whatever method it may deem to be in the public interest.
(b)
General Obligation Bonds and Certificates of Obligation.
The City shall have the power to borrow money on the credit of the City and to
issue general obligation bonds and certificates of obligation 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 or certificates of obligation
shall be issued in conformity with the laws of the state of Texas and shall be used
only for the purpose for which they were issued.
(c) Revenue Bonds.
The City shall have the power to borrow money for the purpose of constructing,
purchasing, improving, extending or repairing of public utilities, recreational
facilities or any other self-liquidating municipal function not prohibited by the
constitution and laws of the state of Texas, and to issue revenue bonds to
evidence the obligation created thereby. Such bonds shall be a charge upon and
payable from the properties, or interest therein pledged, or the income therefrom,
or both. The holders of the revenue bonds shall never have the right to demand
payment thereof out of monies raised or to be raised by taxation. All such bonds
shall be issued in conformity with the laws of the state of Texas and shall be used
only for the purpose for which issued.
(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.
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(e) The procedure for adoption of any ordinance relative to borrowing for capital
improvements shall be:
(1) A copy of the proposed ordinance shall be furnished to (1) each member
of the City Council, (2) the City Attorney, and (3) any citizen of the City
for inspection upon request to the City Secretary, at least three days
before the date of the meeting at which the ordinance is to be considered.
(2) Any ordinance relative to borrowing for capital improvements
may be adopted and finally passed at the meeting at which it is
introduced.
(Charter amendment approved by voters January 20, 1996)
ARTICLE 10
TAX ADMINISTRATION
SECTION 10.01 DEPARTMENT OF TAXATION
There shall be established a Department of Taxation to assess and collect taxes, the head
of which shall be the Director of Finance. The Director of Finance shall give a surety bond for
faithful performance of his or her duties, including compliance with all controlling provisions of
the state law bearing upon the functions of such office, in a sum which shall be fixed by the City
Council at not less than five thousand dollars ($5,000.00.) Notwithstanding the foregoing, the City
Council may contract with an outside agency or other governmental entity to assess and collect
City taxes and to perform the duties of the City's Tax Assessor/Collector.
(Charter amendment approved by voters January 20, 1996; May 15, 2004)
SECTION 10.02 POWERS OF TAXATION
The City shall have the power to levy, assess, and collect taxes of every character and type
not prohibited by the Constitution and Laws of the state of Texas, and for any municipal purpose.
(Charter amendment approved by voters January 20, 1996)
SECTION 10.03 ASSESSMENT OF PROPERTY FOR TAX PURPOSES
All property, real, personal or mixed, having a situs within the corporate limits of the City
on January 1 of each year, not expressly exempted by law, shall be subject to taxation by the City
for such year. The mode and manner of making renditions, tax lists, assessments, and tax rolls
shall be governed by state law.
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(Charter amendment approved by voters January 20, 1996)
SECTION 10.04 TAXES: WHEN DUE AND PAYABLE
All taxes due the City on real or personal property shall be payable 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 provided by ordinance or
state law. The City Council may provide further by ordinance that all taxes, either current or
delinquent, due the City may be paid in installments. Failure to levy and assess taxes through
omission in preparation of the approved tax roll shall not relieve the person, firm or corporation
so omitted from obligation to pay such current or past due taxes as shown to be payable by recheck
of the rolls and receipts for the years in question.
(Charter amendment approved by voters January 20, 1996)
SECTION 10.05 TAX LIENS
The tax levied by the City is hereby declared to be a lien, charge or encumbrance upon
real or personal property as of January 1 upon which the tax is due, which lien, charge or
encumbrance the City is entitled to enforce and foreclose in any court having jurisdiction over the
same. The lien, charge or encumbrance on the property is such as to give the state courts
jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as
against any resident of this state or person whose residence is unknown, but also as against a non-
resident. All taxes upon real estate and personal property shall especially be a lien and a charge
upon the property on which the taxes are due, which lien may be foreclosed in any court having
jurisdiction.
(Charter amendment approved by voters January 20, 1996)
SECTION 10.06 JOINT INTEREST IN PROPERTY
The City 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/Collector at any time before April 1 of each year a written description
of any parcel of land in which the owner has an interest less than the whole, showing the amount
of the owner's interest therein, and the City Tax Assessor/Collector may thereupon assess such
interest as a separate parcel.
The City Tax Assessor/ 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 City Tax Assessor/Collector a full description of the
particular part of interest on which payment is tendered.
(Charter amendment approved by voters January 20, 1996)
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SECTION 10.07 ARREARS OF TAXES OFFSET TO DEBT AGAINST CITY
The City shall be entitled to counterclaim and offset against any debt, claim, demand or
account owned by the City to any person, firm or corporation who is in arrears, and no assignment
or transfer of such debt, claim, demand or account after said taxes are due, shall affect the right
of the City to so offset the said taxes against the same.
SECTION 10.08 (Repealed by Charter Amendment approved by voters May 15, 2004)
ARTICLE 11
FRANCHISE OF PUBLIC UTILITIES
SECTION 11.01 POWERS OF THE CITY
In addition to the City's power to buy, construct, lease, maintain, operate and regulate
public utilities and to manufacture, distribute and sell the output of such utility operations, the City
shall have such further powers as may now or hereafter be granted under the constitution and laws
of the state of Texas.
(Charter amendment approved by voters January 20, 1996)
SECTION 11.02 FRANCHISE; POWER OF CITY COUNCIL
The City Council shall have power to grant, amend, renew or extend by ordinance all
franchises of all public utilities of every character including any person, business or corporation
providing cable television or community antenna television service, operating within the City, and
for such purposes is granted full power. No public utility franchise shall be transferable except to
persons, firms or corporations taking all or substantially all of the holder's business in the City and
except with the approval of the City Council expressed by ordinance. No franchise shall be
granted for an indeterminate term. No exclusive franchise shall ever be granted.
(Charter amendment approved by voters January 20, 1996)
SECTION 11.03 FRANCHISE VALUE NOT TO BE ALLOWED
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 to the
value of any franchise granted by the City.
SECTION 11.04 RIGHT OF REGULATION
All grants, renewals, extensions or amendments to public utility franchises, whether it be
so provided in the ordinance or not, shall be subject to the right of the City to:
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(a) repeal the same by ordinance at any time for failure to begin construction or
operation within the time prescribed or for failure otherwise to comply with the
terms of the franchise, such power to be exercised only after due notice and
hearing;
(b) require an adequate and reasonable extension of plant and service, and the
maintenance of the plant and fixtures at the standard necessary to render the
highest reasonable quality of utility service to the public;
(c) establish reasonable standards of service and quality of products and prevent
unjust discrimination in service or rates;
(d) prescribe the form of accounts kept by each such utility. If the franchise or
ordinance does not prescribe the form of accounts kept by each utility, then it shall
keep its accounts in accordance with the utility system of accounts for said utility
prescribed by the appropriate state and/or Federal utility regulatory agencies;
(e) examine and audit the accounts and other records of any such utility at any time
and to require annual and other reports, including reports on local operations by
each such public utility;
(t) impose such reasonable regulations and restrictions as may be deemed desirable
or conducive to the safety, welfare and accommodation of the public; and
(g) adopt procedural rules and regulations dealing with public utilities which shall
conform to the requirements of the appropriate state regulatory agencies.
(Charter amendment approved by voters January 20, 1996)
SECTION 11.05 CONSENT OF PROPERTY OWNERS
The consent of abutting and adjacent property owners shall not be required for the
construction, extension, maintenance or operation of any public utility, but nothing in this Charter
or in any franchise granted thereunder shall ever be construed to deprive any such property owners
of any right of action for damage or injury to property as now or hereafter provided by law.
(Charter amendment approved by voters January 20, 1996)
SECTION 11.06 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. In case of an extension
of public utility operated under a franchise hereafter granted, such right shall be terminable at the
same time and under the same conditions as the original grant.
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SECTION 11.07 OTHER CONDITIONS
All franchises heretofore granted are recognized as contracts between the City and the
grantee, and the contractual rights as contained in any such franchises shall not be impaired by the
provisions of this Charter, except that the power of the City to exercise the right of eminent
domain in the acquisition of any utility property is in all things reserved, and except the general
power of the City heretofore existing and herein provided for to regulate the rates and services of
a utility, which shall include the right to require adequate and reasonable extension of plant and
service and the maintenance of the plant fixtures at the standard necessary to render the highest
reasonable quality of utility service to the public. Every public utility franchise hereafter granted
shall be held subject to all the terms and conditions contained in the various sections of this Article
whether or not such terms are specifically mentioned in the franchises. Nothing in this Charter
shall operate to limit in any way, as specifically stated, the discretion of the City Council or the
voters of the City in imposing terms and conditions as may be reasonable in connection with any
franchise grant, including the right to require such compensation or rental as may be permitted by
the laws of the state of Texas.
(Charter amendment approved by voters January 20, 1996)
SECTION 11.08 FRANCHISE RECORDS
Within six (6) months after this Charter takes effect, every public utility and every owner
of 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. The City shall compile and maintain
a public record of public utility franchises.
(Charter amendment approved by voters January 20, 1996)
SECTION 11.09 (Repealed by Charter Amendment approved by voters May 15, 2004)
ARTICLE 12
BOARDS AND COMMISSIONS
SECTION 12.01 BOARDS AND COMMISSIONS
The City Council shall have authority to establish by ordinance such boards and
commissions as it may deem necessary for the conduct of City business and management of
municipal affairs. The authority, functions and responsibilities of such boards and commissions
shall be such as is spelled out in the ordinance establishing them. All existing boards and
commissions heretofore established shall be continued in accordance with the ordinance or other
acts under which they have been created, or until the City Council shall by ordinance abolish,
modify or alter the ordinance or acts under which they exist. Notwithstanding any other provision
of this Charter the elected City Council shall have paramount authority over all matters affecting
the budgets, appropriation of funds, expenditures, purchases and sale of properties and procedures
for accounting therefor, consistent with the express provisions of this Charter and applicable
provisions of the state constitution and laws of this state.
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(Charter amendment approved by voters January 20, 1996)
SECTION 12.02 QUALIFICATIONS
(a) Each candidate for an appointment as a member of the Planning and Zoning
Commission shall meet the following requirements:
(1) be a registered voter of the City;
(2) have resided for at least twelve (12) months preceding appointment within
the corporated limits of the City, including territory annexed prior to
appointments; and
(3)
not be in arrears in the payment of any taxes or other liabilities due the
City. "In arrears" is defined herein to mean that payment has not been
received within ninety (90) days from due date.
(b) In addition to any other qualifications prescribed by law, each member of the
Planning and Zoning Commission shall continue to meet the conditions of Section
12.02 while in office.
(Charter amendment approved by voters November 6, 1979; January 20, 1996)
SECTION 12.03 MEMBERS FILING FOR OFFICE
No member of a Board or Commission shall continue in such position after filing for an
elective office of the City.
(Charter amendment approved by voters November 6, 1979; January 20, 1996; May 6, 2000)
SECTION 12.04 PLANNING AND ZONING COMMISSION
There shall be a City Planning and Zoning Commission which shall consist of nine (9)
members serving two (2) year terms which the City Council shall establish by ordinance.
The Commission shall have the power and be required to:
(1) be responsible to and act as an advisory body to the City Council;
(2) recommend to the City Council for its action an official zoning map and
recommend any changes to the map;
(3) study plats and plans of proposed subdivisions and insure that all plats and plans
conform to the City's subdivision and development ordinances;
(4) annually recommend a five (5) year Capital Improvement Program to the City
Council;
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(5) annually recommend an annexation plan to the City Council;
(6) annually review the General Plan for the City and recommend to the City Council
any change; and
(7) perform such other functions as may be duly delegated to them from time to time
by the City Council.
(Charter amendment approved by voters November 6, 1979; January 20, 1996)
ARTICLE 13
POLICE DEPARTMENT
DISCIPLINARY PROCEDURES
SECTION 13.01 PURPOSE
The purpose of this Article is to establish procedures for the appeal of certain disciplinary
actions for Officers (as defined below) of the Round Rock Police Department. This Article is not
applicable to the Chief of Police or to employees of the Police Department who are not sworn
police officers or to police officers who are in a probationary period.
(Charter Amendment approved by voters May 15, 2004)
SECTION 13.02 DEFINITIONS
(a) Chief. "Chief" means the Chief of Police of the Round Rock Police Department.
(b) Day. "Day" means a calendar day.
(c) Demotion. "Demotion" means a change in duty assignment of an Officer from a
position in one pay grade to a position in a lower pay grade.
(d) Department. "Department" means the City of Round Rock Police Department.
(e) Disciplinary Matrix. "Disciplinary Matrix" means the disciplinary matrix adopted,
maintained and amended from time to time by the Chief.
(0 HR Director. "HR Director" means the City's Director of Human Resources.
(g) Officer. "Officer" means a sworn police officer employed by the Department who
has served for one year following the successful completion of the Department's
field training program.
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(h) Probationary Officer. "Probationary Officer" means a sworn police officer
employed by the Department who has not completed the Department's field
training program or who has served for less than one year following the successful
completion of the Department's field training program.
(i)
Suspension. "Suspension" means a disciplinary action whereby an Officer is
involuntarily relieved of duty for more than twenty-four hours without pay.
Suspension, as used herein, does not mean being relieved of duty for twenty four
hours or less or being relieved of duty without loss of pay.
(j) Termination. "Termination" means a disciplinary action whereby an Officer is
permanently relieved of duty.
(Charter Amendment approved by voters May 15, 2004)
SECTION 13.03 APPEALS TO A HEARING EXAMINER
(a) Notice of Appeal. If the Chief determines to impose a disciplinary action that
includes Suspension, Demotion, or Termination, and the Officer is not satisfied
with such decision, the Officer may elect to appeal the decision to a Hearing
Examiner. In order to exercise the right of appeal, the Officer shall file with the
Chief a written notice of appeal on forms provided by the City within three (3)
calendar days of being notified of the Chief's decision to impose Suspension,
Demotion, or Termination. The written notice of appeal shall not be effective
unless the Officer agrees to waive and release any and all rights the Officer might
have to appeal the Chief's decision to a court of law.
(b) Selection of Hearing Examiner. Upon receipt of the written notice of appeal, the
Chief shall notify the HR Director. The HR Director and the Officer shall attempt
to agree on the selection of a Hearing Examiner on or before 10 days after the
date the notice of appeal is filed. If no agreement is reached within the specified
time, The HR Director shall request a list of seven qualified neutral arbitrators
from the American Arbitration Association or the Federal Mediation and
Conciliation Service or their successors in function. The Officer and the HR
Director may agree on one of the seven arbitrators on the list. If they do not agree
within 25 days after the date the notice of appeal was filed, the Officer and the HR
Director shall on the 25th day after the appeal was filed alternate striking a name
from the list and the name remaining is the Hearing Examiner. In the event that
the 25th day falls on a Saturday, Sunday, or a legal holiday, then the parties shall
strike the list on the next work day. The parties shall agree on a date for the
hearing that is within the time period prescribed in paragraph (d) below.
(c) Hearing Examiner's Jurisdiction and Authority. The Hearing Examiner has
jurisdiction to hear appeals from a decision of the Chief to Suspend, Demote or
Terminate an Officer. Upon consideration of the testimony, evidence, arguments,
and briefs, the Hearing Examiner may affirm, modify, or reverse the decision of
the Chief. If the Hearing Examiner determines to modify the decision, the Hearing
Examiner's authority to so modify is limited to the level of discipline outlined in
the Disciplinary Matrix.
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(d) Appeal Hearing. The appeal hearing shall begin as soon as possible, but in any
event within 60 days after the date the appeal is filed. If the hearing is not begun
within 60 days after the date the appeal is filed, the Suspension, Demotion or
Termination is upheld and the appeal is withdrawn if the Officer is not ready to
proceed and the appeal is sustained if the Chief is not ready to proceed. In
computing the 60 -day period, a period of delay not to exceed 30 calendar days
because of a continuance granted at the request of the Chief or the Officer on good
cause being shown, or because of the unavoidable unavailability of the Hearing
Examiner on the date of the hearing. In no event may a Hearing Examiner grant
a continuance of more than 30 days in a hearing involving Termination. A
Hearing Examiner may grant a continuance beyond the 30 -day period upon good
cause being shown in a hearing involving Suspension or Demotion unless the
Officer has another disciplinary action pending.
(e) Subpoenas. The Hearing Examiner shall have the power to issue subpoenas.
(d) Expedited Procedure. The parties may agree to an expedited hearing procedure.
Unless otherwise agreed by the parties, in an expedited procedure the Hearing
Examiner shall render a decision on the appeal within 10 days after the date the
hearing closed.
(1) Non -expedited Procedure. In an appeal that does not involve an expedited hearing
procedure, the Hearing Examiner shall make a reasonable effort to render a
decision on the appeal within 30 days after the date the hearing ends or the briefs
are filed. The Hearing Examiner's inability to meet the time requirements imposed
by this paragraph does not affect the Hearing Examiner's jurisdiction, the validity
of the disciplinary action, or the Hearing Examiner's final decision.
(g)
Final Decision. The Hearing Examiner's decision is final and binding on all
parties. No party shall have the right to appeal a Hearing Examiner's decision
except as provided in paragraph (i) below.
(h) Fees and Expenses. The Hearing Examiner's fees and expenses are shared equally
by the Officer and the City. The costs of a witness are paid by the party who calls
the witness.
(i)
District Court Appeal. A district court may hear an appeal of a Hearing
Examiner's award only on the grounds that the Hearing Examiner was without
jurisdiction or exceeded its jurisdiction or that the order was procured by fraud,
collusion, or other unlawful means. If the basis for the appeal of the Hearing
Examiner's award is based on the grounds that the Hearing Examiner was without
jurisdiction or exceeded its jurisdiction, the petition must be filed in district court
within 10 days of the Hearing Examiner's decision. An appeal must be brought
in a district court in Williamson County, Texas.
(Charter Amendment approved by voters May 15, 2004)
41
ARTICLE 14
GENERAL PROVISIONS
SECTION 14.01 PUBLICITY OF RECORDS
All public records of every office, department, or agency of the City shall be open to
inspection by any person at all reasonable times, provided that records closed to the public by law,
shall not be considered public records for the purpose of this section. During normal office hours,
any person 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 City
Council or by this Charter.
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No. )
SECTION 14.02 OFFICIAL NEWSPAPER
The City Council shall contract annually with, and by resolution designate, a public
newspaper of general circulation in the City as the official newspaper 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.
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No. )
SECTION 14.03 NEPOTISM
No person related, within the second degree by affinity or within the third degree by
consanguinity, to the Mayor or any member of the City Council or City Manager shall be
employed or appointed to any office, position or clerkship of the City. This prohibition shall not
apply, however, to any person who shall have been employed by the City at least two (2) years
prior to and at the time of the election or appointment of the officer related in the prohibited
degree.
(Section renumbered pursuant to Ordinance No.
42
SECTION 14.04 PERSONAL FINANCIAL INTEREST
No member of the City Council or employee of the City shall have a financial interest,
direct or indirect, in contract with the City, nor shall be financially interested, directly or
indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies
or service. The above provision shall not apply where the interest is represented by ownership of
stock in a corporation involved provided such stock ownership amounts to less than one percent
(1 %) of the corporation stock or as falls within the scope of Tex. Loc. Gov't Code Ann., §
131.903 as now or hereafter amended. Any willful violation of this section shall constitute
malfeasance in office, and any officer or employee of the City found guilty thereof shall thereby
forfeit his or her office or position. Any violation of this section with the knowledge, express or
implied, of the persons or corporation contracting with the City shall render the contract voidable
by the City Manager or the City Council.
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No. )
SECTION 14.05 ASSIGNMENT, EXECUTION AND GARNISHMENT
The property, real and personal, belonging to the City shall not be liable to be sold or
appropriated under any writ or execution or cost bill. The funds belonging to the City, in the hands
of any person, firm or corporation, shall not be liable to garnishment, attachment, or
sequestration; nor shall the City be liable to garnishment on account of any debt it may owe or
funds or property it may have on hand or owing to any person. Neither the City nor any of its
officers or agents shall be required to answer any such writ of garnishment on any account
whatever. The City shall not be obligated to recognize any assignment of wages or funds by its
employees, agents or contractors.
(Section renumbered pursuant to Ordinance No. )
SECTION 14.06 POWER TO SETTLE CLAIMS
The City Council shall have the authority to compromise and settle any and all lawsuits
of every kind and character in favor of or against the City, except suits by the City to recover
delinquent taxes.
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No. )
SECTION 14.07 NOTICE OF CLAIM AGAINST CITY
Before the City shall be liable to damage, claim, or suit for personal injury, or damage to
property, the person who is injured or whose property has been damaged or someone in such
person's behalf shall give the City Manager or the City Secretary notice in writing under oath
within forty-five (45) days after the date of the alleged damage or injury stating specifically in such
43
notice when, where and how the injury or damage was sustained, setting forth the extent of the
injury or damage as accurately as possible, and giving the names and addresses of all witnesses
known to claimant upon whose testimony claimant is relying to establish the injury or damage. In
case of injuries resulting in death, the person or persons claiming damage shall within forty-five
(45) days after the death of the injured person give notice as required above. Provided that nothing
herein contained shall be construed to mean the City waives any rights, privileges, defenses or
immunities in tort actions which are provided under the common law, the constitution and laws
of the state of Texas.
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No.
SECTION 14.08 PROHIBITIONS
(a) Activities Prohibited.
(1) No person shall be appointed to or removed from, or in any way favored
or discriminated against with respect to any City positions or appointive
City administrative office because of race, sex, political or religious
opinions or affiliations.
(2) No person who seeks appointment or promotion with respect to any City
position or appointive City administrative office shall directly or
indirectly give, render or pay any money, service or other valuable thing
to any person for or in connection with his or her test, appointment,
proposed appointment, promotion or proposed promotion.
No City officer or candidate for City office shall orally, by letter or
otherwise solicit or assist in soliciting any assessment, subscription or
contribution for any candidate or for any political party or political
purpose whatever from any person holding any compensated City
position.
(3)
(4) No officer or employee of the City who receives compensation as such
shall make, solicit or receive any contribution to the campaign funds of
any candidate or of any political party to be used in a City election or for
or against any candidate for City office or take any part in the
management, affairs or political campaign of any political party in a City
election, but such officer or employee may exercise all rights as a citizen
to express opinions and to cast his or her vote. Nothing in this paragraph
is intended to prohibit said person from participating in school district,
special district, county, state, or national campaigns, elections, and
political parties.
(b) Penalties.
Any person who either individually or with others willfully violates any
provisions of the foregoing Section 14.08(a) shall be ineligible for appointment or
44
election to a position in the City for a period of four (4) years, and if such person
is an officer or employee of the City at the time of such violation, he or she shall
immediately forfeit the office or position such person holds.
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No.
SECTION 14.09 SEPARABILITY
If any section or part of a section of this Charter is held to be invalid or unconstitutional
by a court of competent jurisdiction, such holding shall not invalidate or impair the validity, force
or effect of any other section or part of a section of this Charter.
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No. )
SECTION 14.10 SUBMISSION OF CHARTER TO VOTERS
The Charter Commission in preparing this Charter concludes that it is impracticable to
segregate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the
Charter is so constructed that in order to enable it to work and function, it is necessary that it
should be adopted in its entirety. For these reasons, the Charter Commission directs that the said
Charter be voted upon as a whole and that it shall be submitted to the voters of the City at an
election to be held for that purpose on August 13, 1977. Not less than thirty (30) days prior to
such election, the City Council shall cause the City Secretary to mail a copy of this Charter to each
registered voter of the City as appears from the latest certified list of registered voters. If a
majority of the registered voters voting in such election shall vote in favor of the adoption of this
Charter, it shall become the Charter of the City of Round Rock, and after the returns have been
canvassed, the same shall be declared adopted and the City Secretary shall file an official copy of
the Charter with the Records of the City. The Secretary shall furnish the Mayor a copy of said
Charter, which copy of the Charter so adopted, authenticated and certified by signature and the
seal of the City, shall be forwarded by the Mayor to the Secretary of the state of Texas and shall
show the approval of such Charter by majority vote of the registered voters voting at such election.
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No.
SECTION 14.11 AMENDMENT OF CHARTER
Amendments to this Charter may be framed and submitted to the voters of the City in the
manner provided by Tex. Loc. Gov't Code Ann., Chapter 9, as amended.
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No.
45
SECTION 14.12 CHARTER REVIEW COMMISSION
The City Council shall appoint at its first regular meeting of 1979 and not later than every
fourth year thereafter, a Charter Review Commission of seven (7) citizens of the City.
(a) The duties of the Charter Review Commission are as follows:
(1) inquire into the operation of the City Government under the Charter
provisions and determine whether any such provisions require revision.
To this end public hearings may be held; and the Commission shall have
the power to compel the attendance of any officer or employee of the City
and require the submission of any of the City records which it may deem
necessary to the conduct of such hearing;
(2) propose any recommendations it may deem desirable to insure compliance
with the provisions of the Charter by the several departments of the City
government;
(3) propose, if it deems desirable, amendments to this Charter to improve the
effective application of the Charter to current conditions; and
(4) report its finding and present its proposed amendments, if any,
to the City Council.
(b) Action by the City Council.
The City Council shall receive and have published in the official newspaper of
the City any report presented by the Charter Review Commission, shall consider
any recommendations made, and if any amendments be presented as of such
report, may order such amendment or amendments to be submitted to the voters
of the City in the manner provided by Tex. Loc. Gov't Code Ann., Chapter 9,
as amended.
(c) Term of Office.
The term of office of such Charter Review Commission shall be six (6) months,
or sooner if a report is presented to the City Council prior to said term of office.
If during such six (6) month term no report is presented to the City Council, then
all records of the proceedings of such Commission shall be filed with the person
performing the duties of the City Secretary and shall become a public record.
(Charter amendment approved by voters November 6, 1979; January 20, 1996)
(Section renumbered pursuant to Ordinance No.
)
46
SECTION 14.13 REARRANGEMENT AND RENUMBERING
OF CHARTER PROVISIONS
In order to preserve unity, the City Council shall have the power, by ordinance, to
renumber and rearrange all articles, sections, and paragraphs of this Charter or any amendments
thereto, and upon the passage of any such ordinance, a copy thereof, certified by the City Manager
shall be forwarded to the Secretary of State for filing.
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No. )
SECTION 14.14 SECURITY OR BOND NOT REQUIRED
It shall not be necessary in any action, suit or proceedings in which the City shall be a
party for any bond, undertaking or security to be executed in behalf of the City, but all actions,
suits, and proceedings shall be conducted in the same manner as if such bond, undertaking or
security had been given. The City shall have all remedies of appeal provided by law to all courts
without bond or security of any kind. For the purposes of all such actions, suits, proceedings and
appeals, the City shall be liable in the same manner and to the same extent as if the bond
undertaking or security has been executed and given.
(Charter amendment approved by voters November 6, 1979)
(Section renumbered pursuant to Ordinance No.
SECTION 14.15 DRILLING OPERATIONS
)
The City Council may, by ordinance, prohibit the drilling of water wells for commercial,
industrial and agricultural purposes, and may provide regulations for the drilling and use of water
wells for commercial, industrial, agricultural and domestic purposes.
(Charter amendment approved by voters November 6, 1979)
(Section renumbered pursuant to Ordinance No.
)
ARTICLE 15
TRANSITIONAL PROVISIONS
SECTION 15.01 SCHEDULE
(a) This Charter shall take effect immediately following adoption by the voters, and
shall be fully operable within one (1) year after adoption, except as provided in
"c" of this Section.
47
(b) Upon the adoption of this Charter, the present members of the City Council
filling elective offices will continue to fill those offices for the terms to which they
were elected. If this Charter is adopted, the City Council shall, by a majority vote,
at its first regular meting after the adoption of this Charter, appoint one additional
Council member to serve for a term to coincide with the term of the Council
members who are elected in even numbered years, or until successor is elected
and qualified. Thereafter the City Council shall be elected as provided in Section
3.01 of this Charter. Persons, who on the date this Charter is adopted are filling
appointive positions with the City which are retained under this Charter, may
continue to fill these positions for the term for which they were appointed, unless
removed by the City Council or by other means provided for in this Charter.
(c) Conversion of the accounting system from a cash basis to an accrued cost basis shall
occur at the beginning of the second fiscal year after adoption of this Charter.
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No.
SECTION 15.02 OFFICERS AND EMPLOYEES
(a) Rights and Privileges Preserved.
)
Nothing in this Charter except as otherwise specifically provided shall affect or
impair the rights or privileges of persons who are City officers or employees at
the time of its adoption.
(b) Continuance of Office or Employment.
Except as specifically provided by this Charter, if at the time this Charter takes
full effect a City administrative officer or employee holds any office or position
which is or can be abolished by or under this Charter, he or she shall continue in
such office of position until adoption of some specific provision under this Charter
directing that such officer or employee vacate the office or position.
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No. )
SECTION 15.03 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 City Council. All taxes, assessments, liens, encumbrances and demands, of or
against the City, fixed or established before such date, or for the fixing or establishing of which
proceedings have begun at such date, shall be valid when properly fixed or established either under
the law in force at the time of the beginning of such proceedings or under the law after the
adoption of this Charter.
48
(Charter amendment approved by voters January 20, 1996)
(Section renumbered pursuant to Ordinance No. )
SECTION 15.04 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 news 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 renumbered pursuant to Ordinance No. )
49
CHARTER INDEX
SECTION PAGE
Administration - Financial Art. 8 27
Administration - Tax Art. 10 30
Administrative Departments 4.02 13
Administrative Service Art. 4 10
Amendment of Charter 13.11 45
Annual Audit 8.10 31
Annual Budget 8.03 27
Appropriations - Emergency 8.05 30
Arrears of Taxes Offset to
Debt Against City 10.07 35
Assessment of Property for
Tax Purposes 10.03 33
Audit - Independent 8.10 31
Ballots - Form of 7.07 26
Ballots in Recall Election 6.09 21
Ballots- Official 5.03 16
Boards and Commissions Art. 12 37
Boards and Commissions 12.01 37
Bonds Art. 9 32
Bonds - For City Employees 3.15 10
Borrowing for Capital Improvements 9.01 32
Borrowing in Anticipation of
Property Taxes 8.07 31
SECTION PAGE
Borrowing to Meet Emergency
Appropriations 8.06 30
Boundaries 1.02 1
Boundaries - Contraction of 1.04 3
Boundaries - Extension of 1.03 2
Boundaries of City Art. 1 1
Budget - Administration of 8.04 30
Budget - Annual 8.03 27
Budget - To be a Public Record 8.02 27
Budget Year 8.01 27
Canvassing Elections 5.04 17
Capital Improvements - Borrowing for 9.01 32
Charter - Amendment of 14.11 45
Charter - Effect on Existing Law 15.03 48
Charter - Pending Matters at Time
of Adoption of 15.04 49
Charter Provisions - Rearrangement
and Renumbering of 14.13 47
Charter Review Commission 14.12 46
Charter - Schedule 15.01 47
Charter - Separability of Parts 14.09 45
Charter - Submission of to Voters 14.10 45
City Attorney 4.04 14
City - Boundaries of 1.02 1
City Council Art. 3 5
City Council - Compensation 3.04 6
SECTION PAGE
City Council - Filing for Office 5.02 15
City Council - General Powers
and Duties 3.07 7
City Council - Meetings of 3.09 8
City Council - Number, Selection,
and Term 3.01 5
City Council - Power of Inquiry 3.16 10
City Council - Power to Grant
Franchises 11.02 35
City Council - Power to Settle Claims 14.06 43
City Council - Prohibitions 3.08 7
City Council - Qualifications 3.02 5
City Council - Quorum 3.10 8
City Council - Rules of Procedure 3.11 8
City Council - To be Judge of
Election Qualifications 3.03 5
City Council - Vacancies 3.06 6
City Council - Voting 3.12 8
City Depository 8.08 31
City Elections 5.01 14
City Manager 4.01 10
City - Notice of Claims Against 14.07 43
City Officers and Employees 14.02 48
City - Powers of Art. 2 3
City - Powers of: Franchises 11.01 35
City Secretary 4.05 14
Claims Against City - Notice of 14.07 43
SECTION PAGE
Commissions Art. 12 37
Commissions 12.01 37
Compensation - City Council 3.04 6
Conflict of Interest 14.04 43
Department of Taxation 10.01 33
Departments - Administrative 4.02 13
Depository 8.08 31
Drilling Operations 14.15 47
Election by Majority 5.05 17
Election - Failure of City Council
to Call Recall Election 6.12 21
Election - Result of Recall Election 6.10
Election to be Called on Recall 6.08
Elections and Nominations Art. 5
Elections - Canvassing 5.04
Elections - City 5.01
21
20
14
17
14
Elections - City Council to be
Judge of Election Qualifications 3.03 5
Elections - Filing for Office
5.02 15
Elections - Run-off 5.06 17
Emergency Appropriations 8.05 30
Emergency Appropriations - Borrowing
to Meet 8.06 30
Emergency Ordinances 3.14 9
Eminent Domain 2.03 4
SECTION PAGE
Extensions - Public Utilities 11.06 36
Financial Administration Art. 8 27
Fiscal Year 8.01 27
Form of Government 1.01 1
Franchise of Public Utilities Art. 11 35
Franchise - Power of Council 11.02 35
Franchise Records 11.08 37
Franchise Value Not to be Allowed 11.03 35
Franchises - Other Conditions 11.07 37
General Provisions Art. 14 42
General Provisions - Assignment,
Execution and Garnishment 14.05
Government - Form of 1.01
Government - Form of and Boundaries Art. 1
Initiative and Referendum Art. 7
43
1
1
22
Initiative and Referendum -
Commencement of Proceedings;
Petitioners' Committee 7.02 22
Initiative and Referendum - General
Authority 7.01
Initiative and Referendum - Petitions 7.03
Initiative and Referendum - Results of
Election 7.08
Investigations by City Council 3.16
Liens - Tax 10.05
Mayor 3.05
Mayor Pro -tem 3.05
22
23
26
10
34
6
6
SECTION PAGE
Meetings of the City Council 3.09 8
Municipal Court 4.03 13
Nepotism 14.03 42
Nominations and Elections Art. 5 14
Office - Filing for 5.02 15
Officers - Recall of Art. 6 18
Official Ballots 5.03 16
Official Newspaper 14.02 42
Ordinances - Emergency 3.14 9
Ordinances - Introduction and Adoption of 3.13 9
Personal Financial Interest 14.04 43
Petitioners' Committee - Commencement
of Initiative and Referendum
Proceedings 7.02 22
Petitions - Action on 7.06 25
Petitions - Determination of Sufficiency 7.04 24
Petitions - Initiative and Referendum 7.03 23
Petitions for Recall 6.02 i8
Planning and Zoning Commission 12.04 38
Police Department Disciplinary Procedure Art. 13 39
Police Department Disciplinary Procedure - Purpose 13.01 39
Police Department Disciplinary Procedure - Definitions 13.02 39
Police Department Disciplinary Procedure - Appeals
to a Hearing Examiner 13.03 40
Powers and Duties - City Council 3.07 7
Powers of City Art. 2 3
SECTION PAGE
Powers of City - Eminent Domain 2.03 4
Powers of City - General 2.01 3
Powers of City - General Powers Adopted 2.02 4
Powers of City - Zoning 2.04 4
Powers of City 11.01 35
Procedure - Rules of 3.11 8
Prohibitions - City Council 3.08 7
Prohibitions - City Employees 14.08 44
Property - Joint Interest in 10.06 34
Property Assessment for Tax Purposes 10.03 33
Property Taxes - Borrowing in
Anticipation of 8.07 31
Provisions - Transitional Art. 15 47
Public Hearing to be Held on
Recall Petition 6.07 20
Public Utilities - Franchise of Art. 11 35
Purchase Procedure 8.09 31
Purchases 8.09 31
Quorum - City Council 3.10 8
Recall - Failure of City Council to
Call an Election 6.12 21
Recall - Form of Petition 6.04 19
Recall - Petitions for 6.02 18
Recall - Restrictions Thereon 6.11 21
Recall - Scope of 6.01 18
Recall - Various Papers Constituting
Recall Petition 6.05 20
SECTION PAGE
Recall Election - Ballots in 6.09 21
Recall Election - Result of 6.10 21
Recall Election to be Called 6.08 20
Recall of Officers Art. 6 18
Recall Petition - Presentation of
to City Council 6.06 20
Recall Petition - Public Hearing to
be Held On 6.07 20
Recall Procedure 6.03 18
Records - Publicity of 14.01 42
Referendum and Initiative Art. 7 22
Referendum and Initiative - General
Authority 7.01
22
Referendum and Initiative - Results of
Election 7.08 26
Referendum Petitions - Suspension of
Effect of Ordinances 7.05 25
Regulation - Right of 11.04 35
Run -Off Elections 5.06 17
Security or Bond Not Required 14.14 47
Separability Clause 14.09 45
Tax Administration Art. 10 33
Tax Department 10.01 33
Tax Liens 10.05 34
Taxation - Powers of 10.02 33
Taxes - Arrears of Offset to Debt
Against City 10.07 35
Taxes - When Due and Payable 10.04 34
SECTION PAGE
Transitional Provisions Art. 15 47
Utilities - Consent of Property Owners 11.05 36
Vacancies - City Council 3.06 6
Voting by City Council 3.12 8
Water Wells 14.15 47
Zoning 2.04 4
DATE: June 18, 2004
SUBJECT: City Council Meeting - June 24, 2004
ITEM: 16.8.1. Consider an ordinance renumbering Articles 13 and 14 of the Round
Rock Home Rule Charter. (First Reading)
Department: Administration / Legal
Staff Person: Steve Sheets
Justification: The recent approval by the voters of Proposition 12 resulted in a new
Chapter 13 for the Charter. This requires that the existing Chapters 13 and
14 be renumbered. The existing Sec. 13.14 authorizes the City Council to
renumber the Charter chapters and sections by ordinance. The attached
ordinance accomplished the required renumbering.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A