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G-98-08-27-9A2 - 8/27/1998l 11) ORDINANCE NO. g.92 -0g -Al -q 1 AN ORDINANCE CALLING A SPECIAL ELECTION FOR SUBMISSION TO THE VOTERS OF A CERTAIN PROPOSED AMENDMENT TO THE HOME RULE CHARTER FOR THE CITY OF ROUND ROCK, TEXAS. WHEREAS, Section 13.11 of the Charter for the City of Round Rock provides that a proposed amendment to such 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;" and WHEREAS, Vernon's Texas Codes Annotated, Local Government Code §9.004(a) provides that the "governing body shall submit a proposed charter amendment to the voters for their approval at an election if the submission is supported by a petition signed by a number of qualified voters of the municipality equal to at least five percent of the number of qualified voters of the municipality or 20,000, whichever number is the smaller;" and WHEREAS, a certain charter amendment was proposed for submission to the voters of Round Rock, and such submission was supported by a petition signed by the requisite number of qualified voters of the municipality; and WHEREAS, a copy of such proposed charter amendment is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes; and WHEREAS, such petition has been certified sufficient by the City Secretary; and WHEREAS, Vernon's Texas Codes Annotated, Local Government Code §9.004(b) requires the charter amendment election to be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law and that occurs on or after the thirtieth (30th) day after the date the ordinance is adopted; and WHEREAS, the City Council has determined that November 3, 1998 is the appropriate date for holding the charter amendment election; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. 1. A special election shall be held in conjunction with the general election on Tuesday, November 3, 1998. The City of Round Rock hereby designates the election precincts and polling places designated by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for such election. Further, the City of Round K:\WPDOCS\ORDINANC\080827A2.WPD/jkg Rock hereby designates the early voting polling places and the temporary voting polling places designated by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for such election. 2. For voters in that portion of the City of Round Rock located in Travis County which lies on the west side of I35, the election precinct and polling place designated by John Willingham, Williamson County Elections Administrator, is Bluebonnet Elementary, 1010 Chisolm Valley Drive, Round Rock, Texas, and/or as otherwise designated in writing by John Willingham, Williamson County Elections Administrator. For voters in that portion of the City of Round Rock located in Travis County which lies on the east side of I35, the election precinct and polling place designated by John Willingham, Williamson County Elections Administrator, is Fellowship at Forest Creek Church, 3379 Gattis School Road, Round Rock, Texas, and/or as otherwise designated in writing by John Willingham, Williamson County Elections Administrator. 3. For such election, the City of Round Rock hereby appoints the election judge(s) and alternate election judge(s) appointed by Williamson County, Texas and designated by John Willingham, Williamson County Elections Administrator. 4. Early voting shall be conducted by personal appearance and by mail at the following places: Round Rock Community Center, 205 East Main Street, Round Rock, Williamson County, Texas 78661, and at and/or at such other places as shall be designated in writing by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court. During the period in which early voting is required or permitted by law, that being October 17, 1998 through October 30, 1998, the hours designated for early voting by personal appearance shall be as follows, and/or as otherwise designated in writing by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court: Saturday Sunday Monday - Friday Saturday Sunday Monday - Friday October 17, 1998 October 18, 1998 October 19 - 23, 1998 October 24, 1998 October 25, 1998 October 26 - 30, 1998 Noon to 5:00 P.M. Noon to 5:00 P.M. 8:00 A.M. to 5:00 P.M. 7:00 A.M. to 7:00 P.M. Noon to 5:00 P.M. 7:00 A.M. to 7:00 P.M. Early voting clerks shall keep the early voting places open during all such hours for early voting by personal appearance. The Early Voting Clerk and manager of the central counting station shall be John Willingham, Williamson County Elections Administrator, and he shall appoint additional clerks as necessary to assist in early voting. 2 5. An early ballot board is hereby created to process early voting results, and is hereby appointed as the presiding judge of said board. The presiding judge shall appoint at least two (2) other members of the board. 6. Pursuant to the Election Code and the Election Services Contract between the Williamson County Elections Administrator and the City of Round Rock, John Willingham shall be appointed as Custodian of Election Records. 7. All resident, qualified electors of the City of Round Rock, Texas shall be entitled to vote at the election. 8. Notice of this election shall be given in accordance with Vernon's Texas Codes Annotated, Local Government Code §9.004(c) by twice publishing a substantial copy of the proposed amendment in a newspaper of general circulation published in the city. The dates of such publication shall be the same day in each of two successive weeks, with the first publication occurring before the 14th day before the date of the election. Notice of this election shall also be given by posting a copy of this ordinance on the bulletin board used for posting notices of city council meetings, and it shall be posted not later than the 21st day before the date of the election and shall remain posted through election day. The City Secretary is hereby authorized and directed to publish and post the required notices in the manner and for the time periods required by law. 9. At the election, the proposed amendment to amend the Charter shall be set forth in accordance with the "red -lined" version of the Charter which is attached hereto as Exhibit "B", and said proposed charter amendment shall be submitted to the qualified voters in accordance with applicable law. 10. The official ballots for this charter amendment election shall be prepared so as to permit the qualified electors to vote on a proposed charter amendment by ballot title. The ballot title of a proposed charter amendment may differ from its legal title and shall be a clear, concise statement describing the substance of the proposed charter amendment without argument or prejudice. The official ballots for this charter amendment election shall be prepared so as to permit the qualified electors to vote "Yes" or "No" on the proposed charter amendment. Said proposed charter amendment shall be combined with other allowable matters on the same ballots, said ballots to contain such provisions, markings and language as required by law. The proposed charter amendment shall be expressed substantially as follows: PROPOSITION NO. 2 PROPOSED CHARTER AMENDMENT AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS RESTRUCTURING THE 3 CURRENT SYSTEM OF CITY GOVERNMENT BY (1) ABOLISHING THE CURRENT SYSTEM OF ELECTING COUNCIL MEMBERS AT LARGE, AND INSTEAD REQUIRING THE ELECTION OF COUNCIL MEMBERS BY DISTRICT; (2) CREATING AN ADDITIONAL ELECTIVE OFFICE OF MAYOR PRO -TEM, AND REQUIRING A SPECIAL ELECTION TO FILL SAME; (3) CREATING AN ADDITIONAL ELECTIVE OFFICE, THAT BEING A SEVENTH COUNCIL MEMBER, AND REQUIRING A SPECIAL ELECTION TO FILL SAME; (4) FIXING BOUNDARIES FOR DISTRICTS FROM WHICH COUNCIL MEMBERS WILL BE ELECTED; (5) ORDERING WHEN AND HOW DISTRICT BOUNDARIES SHALL BE CHANGED IN FUTURE; (6) CHANGING THE MINIMUM REQUIREMENT FOR NUMBER OF SIGNERS ON A PETITION FOR RECALL; AND (7) CONFORMING ALL AFFECTED SECTIONS IN THE CURRENT CHARTER TO REFLECT THIS PROPOSED RESTRUCTURING OF THE CITY COUNCIL. Shall the above described Charter Amendment be adopted? Yes ( ) No () 11. In all pertinent respects, the election shall be conducted in accordance with applicable provisions of the Texas Election Code. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. 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. 4 ti tit) READ, PASSED, and ADOPTED on first reading this day of , 1998. Alternative 2. READ and APPROVED on first reading this the day of , 1998. READ, APPROVED and ADOPTED on second reading this the day of , 1998. ATTEST: NNE LAND, City Secretary CHARLES C L EPPER, Mayor City of Round Rock, Texas 5 PROPOSED AMENDMENT TO ROUND ROCK CHARTER July 22, 1998 (Article 3 will be changed as follows) ARTICLE 3 THE CITY COUNCIL SECTION 3.01 NUMBER The City Council shall be composed of the Mayor, Mayor Pro -tem, and seven (7) Council members. The Mayor and Mayor Pro -tem shall be elected from the City at Targe and the Council members shall be elected from districts. Each Council member shall occupy a position on the City Council, such positions being named District 1 through District 7 consecutively. The Mayor, Mayor Pro -tem, and Council members shall be elected in the manner provided in Article 5 of this charter. SECTION 3.02 TRANSISTION AND TERM OF OFFICE In order to provide for an orderly transition in the expansion of the City Council and selection of Council members by district, the below procedure shall be followed: a) After the adoption of this amended Article, the current Mayoral term shall expire in 1999 and the position of Mayor shall be filled for a three (3) year term thereafter in the manner provided in Article 5. b) After the adoption of this amended Article, the Mayor Pro -tem shall be elected on the next available uniforni election date as required by state Taw for an initial term expiring in 2000, and thereafter the position of Mayor Pro -tem shall be filled for a three (3) year term in the manner provided in Article 5. c) After the adoption of this amended Article, the Council members who reside in District 1 and 2 and who were elected in 1998 shall occupy those positions for an initial term expiring in 2001, and thereafter the positions of Council member District 1 and 2 shall be filled for a three (3) year term in the manner provided in Article 5. d) After the adoption of this amended Article initiative ordinance, the Council members for District 3 and 5 shall be elected on the next available uniform election date as required by state law for an initial term expiring in 2000, and thereafter the position of Council member District 3 and 5 shall be filled for a three (3) year term in the manner provided in Article 5. e) Ager the adoption of this amended Article initiative ordinance, the Council member District 4 shall be elected on the next available uniform election date as required by state law for an initial term expiring in 2001, and thereafter the position of Council member District 4 shall be filled for a three (3) year term in the manner provided in Article 5. f) After the adoption of this amended Article initiative ordinance, the Council members who reside in District 6 and 7 and who were elected in 1996 shall occupy these positions for an initial term expiring in 1999, and thereafter the position of Council member District 6 and 7 shall be filled for a three (3) year term in the manner provided in Article 5. g) The terms for the other elected at -large Council members not specified in this section shall expire upon the swearing in of Council members for Districts 3, 4, and 5. SECTION 3.03 QUALIFICATIONS In addition to any other qualifications prescribed by law, the Mayor and Mayor Pro -tem shall meet the conditions of Section 5.02 while in office and shall reside within the City while in office. In addition to any other qualifications prescribed by law, the Council members shall meet the conditions of Section 5.02 while in office and shall reside within the District for which they were elected while in office. A candidate for Council member must be a registered voter in and reside in the District for six (6) months prior to tilling for the office of Council member for that District. In the event a change of boundaries places a resident in a • new District, then the resident shall be eligible to file for Council member in the new District if the resident EXHIBIT A would have been eligible to file in the old District. Once elected, if a Council member is placed outside of the District through adjustment of District boundaries, then the Council member may continue to serve in that office until the next regularly scheduled City Council election. The Council member may file for election in the member's new District even while finishing the term of office in the old District. SECTION 3.04 INITIAL DISTRICT BOUNDARIES The below initial District boundaries shall be considered to be in reasonable compliance with the general guidelines for creating Districts as listed in Section 3.05. Adjustment of district boundaries, if required by population count, shall be initiated by the federal census of the City population completed in 2000. Areas completely surrounded by the City but not incorporated in the City shall not be a part of a District even though the described District boundary encompasses such area. Based on current residential units existing or under construction as of June 15, 1998, the initial District boundaries will be as follows: a) District 1 - Starting at the centerline junction of I.H. 35 and Brushy Creek, thence westward along Brushy Creek to its junction with the City limits, thence following the City limits southward to its junction with the Union Pacific railroad tracks, thence eastward along the railroad tracks to its junction with the centerline of 1.11 35, thence northward along the centerline of I.H. 35 to the starting point. b) District 2 - Starting at the centerline junction of I.H. 35 and Brushy Creek, thence westward along Brushy Creek to its junction with the City limits, thence following the City limits northward to its junction with the centerline of I.H 35 at Westinghouse Road, thence southward along the centerline of I.H. 35 its junction with Old Settlers Road, thence eastward along Old Settlers Road to its junction with North Mays, thence southward along North Mays to its junction Nvith Brushy Creek, thence westward along Brushy Creek to the starting point. c) District 3 - Starting at the junction of North Mays and Brushy Creek, thence eastward along Brushy Creek to its junction with Georgetown Street, thence northward along Georgetown Street to its junction with U.S. 79, thence eastward along U.S. 79 to its junction with Sunrise Road, thence northward along Sunrise Road to its junction with the City limits, thence following the City limits westward to its junction with the centerline of I.H 35 at Westinghouse Road, thence southward along the centerline of I.H. 35 its junction with Old Settlers Road, thence eastward along Old Settlers Road to its junction with North Mays, thence southward along North Mays to the starting point. d) District 4 - Starting at the junction of Brushy Creek and Georgetown Street, thence northward along Georgetown Street to its junction with U.S. 79, thence eastward along U.S. 79 to its junction with Sunrise Road, thence northward along Sunrise Road to its junction with the City limits, thence following the City limits eastward and around the Old Settlers Park to the east edge of CR122 south of U.S. 79, thence south along the east side of CR 122 to its junction with the city limits on the north side of Woodland Loop, thence eastward and southward along the City limits around Oak Bluff and Forest Creek to the west side of CR 122, thence southward along CR 122 to the City limit on the south side of Forest Ridge, thence westward and northward along the City limits around Forest Ridge to the west side of CR 122, thence northward along the west side of CR 122 to its junction with the City limits on the south side of Forest Bluff, thence along the City limits westward back to the City limits junction with Brushy Creek adjacent to where the Union Pacific railroad tracks cross Brushy Creek, thence westward along Brushy Creek to the starting point. e) District 5 - Starting at the junction of South Mays and the Union Pacific railroad track, thence eastward along the railroad track to its junction with the City limits,thence following the City limits eastward to a point on the MOKAN right of way next to Leah Lane just north of Gattis School Road, thence south on the MOKAN right of way to the centerline of Gattis School Road, thence westward on the centerline of Gattis School Road to its junction with South Mays, thence northward along South Mays to the starting point. f) District 6 - Starting at the junction of South Mays and the centerline of Gattis School Road, thence eastward on the centerline of Gattis School Road to its junction with the MOKAN right of way, , thence north on the MOKAN right of way to the City limits at a point on the MOKAN right of way next to Leah Lane just north of Gattis School Road, thence north and eastward on the City limits to its junction with CR 122, thence southward on CR 122 to its junction with the south side of Gattis School Road and the City limits, thence westward and south following the City limits to its junction with the centerline of I.H. 35, thence northward on the centerline of I.H. 35 to its junction with South Mays, thence northward on South Mays to the starting point. g) District 7 - Starting at the junction of the centerline of I.H 35 and the south City limits, thence in a westward direction along the City limits to its junction with the Union Pacific railroad tracks, then eastward along the Union Pacific railroad tracks to its junction with the centerline of I.H. 35, thence north along the centerline of I.H. 35 to its junction with the Brushy Creek, thence eastward along the Brushy Creek its junction with the City limits adjacent to where the Union Pacific railroad tracks cross Brushy Creek, thence westward along the City limits to its junction with the Union Pacific railroad tracks, thence westward along the Union Pacific railroad tracks to its junction with South Mays, thence southward along South Mays to its junction with the centerline of I.H. 35, then southward along the centerline of I.H. 35 to the starting point. SECTION 3.05 ADJUSTMENT OF DISTRICT BOUNDARIES a) District boundaries for Council members shall be adjusted by the City Council by passage of an ordinance identifying the new boundaries within two months after one of the following events occur: 1) Upon receipt of the federal census each ten years. 2) Upon annexation of an area into the City with a population estimated to be greater than or equal to 5% of the population then estimated to reside in the City. 3) Upon determination by the City Manager that a reasonable estimate of growth has caused the population of a District to exceed 20% of the total population then estimated to reside in the City. b) When an area, with an estimated population less than 5% of the total population then estimated to reside in the City, is annexed into the City, then the City Council, by passage of an ordinance identifying the new boundaries within two months, will incorporate the newly annexed area into the adjacent District with the lowest estimated population. c) The following guidelines shall be used in adjusting District boundaries. 1) Where possible, major roads, creeks, and railroads will be used as boundaries. 2) The splitting of identifiable subdivisions between Districts will be avoided if possible. 3) The population in Districts will be between 12 and 16% of the total population. 4) Districts with the greatest potential for population growth will.be sized below 14%. 5) In the absence of a census, population may be estimated based on average occupancy rates for single-family units, multi -family units, apartments units and other residential type units. SECTION 3.06 JUDGE OF ELECTION QUALIFICATIONS (text remains the same for this renumbered section) SECTION 3.07 COMPENSATION Change the start of the first sentence to: "The Mayor, Mayor Pro -tem, and Council members (the remainder of the text remains the same for this renumbered section) SECTION 3.08 MAYOR AND MAYOR PRO -TEM 11 Strike the sentence: "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 remainder of the text remains the same for this renumbered section) SECTION 3.09 VACANCIES, FORFEITURE, FILING OF VACANCIES Change the start of the sentence under "(a) Vacancies" to read: "The office of a Council member, Mayor Pro -tem, or Mayor shall become vacant Change the phrase under "(b) Forfeiture of Office" to read: "If the Mayor, Mayor Pro -tem, or any Council member:" Change the Section number under "(b) Forfeiture of Office (1)" to read: "... Sections 3.03 and 5.02 ...." (the remainder of the text remains the same for this renumbered section) SECTION 3.10 GENERAL POWERS AND DUTIES (text remains the same for this renumbered section) SECTION 3.11 PROHIBITIONS Add the "Mayor Pro -tem" to where ever the phrase "Mayor or Council member" appears so that the phrase would read: "Mayor, Mavor Pro -tem, or Council member" Change the Section number to read: "...investigations under Section 3.19, the City Council..." (the remainder of the text remains the same for this renumbered section) SECTION 3.12 MEETINGS OF THE CITY COUNCIL (text remains the same for this renumbered section) SECTION 3.13 QUORUM Five 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 3.08, shall be valid or binding unless adopted by the affirmative vote of five or more members of the City Council SECTION 3.14 RULES OF PROCEDURE (text remains the same for this renumbered section) SECTION 3.15 VOTING (text remains the same for this renumbered section) SECTION 3.16 ORDINANCES IN GENERAL (text remains the same for this renumbered section) SECTION 3.17 EMERGENCY ORDINANCES • (text remains the same for this renumbered section) SECTION 3.18 BONDS FOR CITY EMPLOYEES (text remains the same for this renumbered section) SECTION 3.19 INVESTIGATIVE BODY (text remains the same for this renumbered section) • (The following additional changes to the Round Rock Charter are also proposed as a part of this change to Council members elected by District.) SECTION 5.02 FILING FOR OFFICE Strike the sentence "(b) (1)" and renumber the following sentences. (the remainder of the text remains the same for this section) SECTION 6.01 SCOPE OF RECALL Add to the end of the sentence the following phrase: "... by the qualified voters of the City or District, if elected by District." (the remainder of the text remains the same for this section) SECTION 6.02 PETITION FOR RECALL Add to the first sentence the following phrase: "... signed by qualified voters of the City or District, if elected by District, equal in number to at least ten percent (10%) of the number of registered voters in the City or respective District, exclusive of those listed as removed or suspended, as last published by the County Election Administrator or equal in number to the total votes cast in the last election of officials in the City or respective District, whichever is less." (the remainder of the text remains the same for this section) PETITION FOR A MEASURE Page of We, the undersigned, per Texas Local Government Code Chapter 9, petition to amend the Round Rock Charter to restructure the City Council. The restructuring consists of creating the office of Mayor Pro -tem, adding a seventh Council member, electing Council members by District, defining the initial Districts boundaries, providing for the transition to the new City Council structure, defining when and how District boundaries shall be adjusted, and updating related sections in Articles 3, 5 and 6 to reflect the new City Council structure. By signing below, each individual acknowledges that they have read the above paragraph, that they have been given a two page summary of information on the proposed amendment to the Round Rock Charter, and that they were afforded the opportunity to read the full six pages of text of the proposed amendment to the Round Rock Charter. DATE SIGNATURE PRINTED NAME ADDRESS CITY/ZIP DOB VR # Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 - Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 ' Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 Round Rock, TX 78664 1 ("REDLINED" VERSION OF THE PROPOSED CHARTER AMENDMENT) SECTION 3.01 NUMBER, SELECTION AND TERM The City Council shall be composed of the Mayor members. The Mayor and all-Geuneil-membera Mavor and the Coutieil niemb" on the City Council, such positions being numbered name The Mayorgwogoogiiii.and Council members shall of this Charter and &ix -(6) rotem WmfftCouncil . . . shall be elected from the City at large ach Council member shall occupy a position through 6 Dxstnc" tonsecutively. be elected in the manner provided in Article 5 ........... ........... ••••••••••• . : . 400.40:. After t ounilmmber .......,.(114‘ .manner mit After the adpon of thts .ftw,,,,m1mp:555.. .0100011000,... • " - - . ...:0001..k01.04 .:: ... ,iii:::::i*:::„ i Iola: . ....... .. • . ..oeetipfethat • ..i C:\WPDOCS\ACITY\CODE\GORDON2.WPD/sls 1 11 EXHIBIT er SECTION 3.0 < QUALIFICATIONS In addition to any other qualifications prescribed by law, the Mayor and 1pj» ...;:.;;:.. . mei shall meet the conditions of Section 5.02 while in office, and shall reside within the City while m office. i:::addition :.... ..: .....:: v. . .. . . .: q, ::.;;:>:.::;;. �:. ... ;.........: :::: •iiiiiiii: •: �:::::::: v �:. `:pi:4:: 'Ciiii:...:: :;;::::: �: :.:::: ��:::.i:4iiii'i{:4ii'?i:t;::.�:. �::::::::::: i:;•i: 7�Eti�S::[1':;:v.'Pi'!�:if'iF.l�<:•�3'•:�`�:.:tv�'xffto:.itsY;.i'l�:`�:i.iso:rsrii�l::ii'his#�:.:...doY:��a�::.:..ri..�.....:•�.is�;::.::y!.f..�......_....iti_�::�: _�_�i_:>._i �,.t:L::•::::�;::.::•::•::•;:�;:�::• ........:.:....: ................ ................ ................. schedd ................. cri 30000 • tsr 'nu MAULS 6 :::i::i::ii: 0011 `'o rot ? # ? 2 .tathn }yy;� a::: .. 3 Pr.4:1Y•f: ece •:c :ear s1 popuWgi stnnated The sphttmg �f t;fiaW WIS10118::: • ••' • SECTION 3.0306„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. SECTION 3.0407COMPENSATION 4 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. SECTION 3.0'`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. 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 act as Mayor during the disability or absence of the Mayor, and in this capacity shall have the rights conferred upon the Mayor. SECTION 3.060#4 ''>VACANCIES, FORFEITURE, FILLING OF VACANCIES (a) Vacancies: (b) The office of a Council member ` s # =te# y 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. Forfeiture of Office: If the Mayor lr ;j or any Council member: (1) fails to maintain the qualifications as required in Sections 3.02.0 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 (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. 5 (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. SECTION 3.4* ' 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. SECTION 3.08 ::::'PROHIBITIONS (a) Holding Other Office: Except where authorized by law, no Mayor :1Q:; i i 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 MOOMN ` 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 izi 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. (c) Interference with Administration: Except for the purpose of inquiries and investigations under Section 3.4-61, 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. SECTION 3.091 ' 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 6 meetings of the City Council shall be given in accordance with the provisions of Tex. Gov't Code Ann., Chapter 551, as amended. SECTION 3.40 iQUORUM iiCity 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.O6O , shall be valid or binding unless adopted by the affirmative vote of €ems 0V.Cor more members of the City Council. SECTION 3.# <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. SECTION 3.13)t;'ii€:::;;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. 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. 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. 7 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." SECTION 3.141 ;?;:::;;;:'::::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. SECTION 3.1M8 ::»?::::::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. 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. 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; 8 (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: (43 serving. (-2)01No candidate may file for more than one office or position number per election. (-33(2)I•lo employee of the City shall continue in such position after filing for an elective office. (43(3) Each candidate shall pay a filing fee in the amount of fifty dollars ($50.00). 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 Cityli§MigNiiiii0R§WMPO#10 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 '' Dtstnct;;iequal in number to at least ten percent (10%) of the number of registered voters as last published by the County Election Administrator ner of such recall petition shall personally sign their own name thereto in ink or indelible pencil, and shall write after their name, their place of residence, giving name of street and number, and shall also write thereon the day, the month and year their signature was affixed. Such petition shall contain a general statement of the grounds for which the removal is sought. 9 SECTION 3.06`::; ?::;:VACANCIES, FORFEITURE, FILLING OF VACANCIES (a) Vacancies: The office of a Council member: it r (1itOU or e€€ce-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'iptROW or any Council member: (1) fails to maintain the qualifications as required in Sections 3.0203 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 (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 io> : ........... :::. :::.:... (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. SECTION 11.09 REGULATION OF RATES The City Council shall have the power by ordinance to fix and regulate, after public hearing and reasonable notice as provided in Section 3i. lo of this Charter, the price of water, gas, electric lights, electric power and steam heat, and to regulate and fix the fares, charges of all public transportation of every kind, whether transporting passengers, freight or baggage, and generally to fix and regulate the rates and charges of all public utilities of every kind operating within the corporate limits of the City, including any person, business or corporation providing cable television or community antenna television services. 10 DATE: August 21, 1998 SUBJECT: City Council Meeting - August 27, 1998 ITEM: 9.A.2. Consider an ordinance calling an election for November 3, 1998 to amend the City Charter by (1) restructuring the current system of City government; and (2) amending the minimum requirement for the number of signers on a petition for recall (First Reading) Staff Resource Person: Joanne Land, Assistant City Manager.