G-95-11-21-9J - 11/21/1995ORDINANCE NO. a_ci5_11-ai- 1 d
AN ORDINANCE CALLING AN ELECTION FOR SUBMISSION TO
THE VOTERS OF CERTAIN PROPOSITIONS RELATING TO THE
AMENDMENT OF THE HOME RULE CHARTER FOR THE CITY OF
ROUND ROCK, TEXAS.
WHEREAS, the Charter Review Commission for the City of Round
Rock, Texas has reviewed the Home Rule Charter for the City of
Round Rock, Texas, and has transmitted to the City Council certain
recommended changes to the Charter; and
WHEREAS, pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Texas Local Government Code, the
City Council of the City of Round Rock, Texas is authorized to
submit proposed charter amendments to the qualified voters for
their approval at an election held for that purpose; and
WHEREAS, Section 9.004 of the Texas Local Government Code
requires the charter amendment election to be held on the first
authorized uniform election date prescribed by the Texas 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 January 20,
1996, 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. An election shall be held in conjunction with the bond
election on January 20, 1996, between the hours of 7:00 A.M. and
7:00 P.M., in the City of Round Rock, Texas, at the polling places
and with the election officers as follows:
A. Round Rock High School
300 Lake Creek Drive
Round Rock, Texas 78729
Presiding Judge: Jo Updegraff
Alternate Presiding Judge: John P. Thomas
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B. C.D. Fulkes Middle School
300 West Anderson Avenue
Round Rock, Texas 78664
Presiding Judge: Carolyn Schaefer
Alternate Presiding Judge: Virginia Woodside
C. Brushy Creek Elementary School
3800 Stonebridge Drive
Round Rock, Texas 78681
Presiding Judge: Rita Fitch
Alternate Presiding Judge: D'Andra Newland
2. The Presiding Judge shall appoint ,not less than two
qualified election clerks to serve and assist in conducting the
election; provided that if the Presiding Judge actually serves as
expected, the Alternate Presiding Judge shall be one of such
clerks.
3. Early voting shall be conducted by personal appearance
and by mail at the City of Round Rock, City Hall, 221 East Main,
Round Rock, Texas 78661 and at Round Rock Independent School
District, Administration Building, 1311 Round Rock Avenue, Round
Rock, Texas 78681, and during the period early voting is required
or permitted by law, being January 2, 1996 through January 16,
1996, the hours designated for early voting by personal appearance
shall be from 8:00 A.M. to 5:00 P.M. on each day except Saturdays,
Sundays, and legal state holidays; and the early voting clerks
shall keep the early voting place open during such hours for early
voting by personal appearance. John Willingham shall serve as the
early voting clerk and he shall appoint additional clerks as
necessary to assist in early voting.
4. An early ballot board is he eby created to process early
voting results, and ryh1Ry ANN &,€A,�Af1 , is hereby
appointed the presiding judge of the board. The presiding judge
shall appoint at least two other members of the board.
5. All resident, qualified electors of the City of Round
Rock, Texas shall be entitled to vote at the election.
6. Notice of this election shall be given by twice
publishing a substantial copy of the proposed amendments in a
newspaper of general circulation published in the City, the dates
of publication to 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, but not before the 30th day before the date
of the election. Notice of this election must also be given by
2.
posting, not later than the 21st day before the date of the
election, a substantial copy of this ordinance on the bulletin
board used for posting notices of the meetings of the governing
body of the City of Round Rock, Texas.
7. At the election, the following propositions to amend the
Charter in accordance with the "red -lined" version of the Charter,
attached hereto as "Exhibit A", shall be submitted to the qualified
voters in accordance with applicable law, to read as provided
below:
PROPOSITION NO. 7
Shall the Home Rule Charter of the City of Round Rock,
Texas be amended to clarify and standardize certain terms
and language contained in the Charter, and to correct
grammatical, capitalization, and typographical errors
contained in the Charter?
PROPOSITION NO. 8
Shall the Home Rule Charter of the City of Round Rock,
Texas be amended to render the Charter gender neutral?
PROPOSITION NO. 9
Shall the Home Rule Charter of the City of Round Rock,
Texas be amended to update references to state statutes
contained in the Charter and bring the Charter in
compliance with state statutory law?
8. The official ballots for this charter amendment election
shall be prepared so as to permit the qualified electors to vote
"FOR" or "AGAINST" the charter amendment propositions, said charter
amendment propositions to be combined with the bond propositions on
the same ballots, said ballots to contain such provisions,
markings, and language as required by law, and with such the
charter amendment propositions to be expressed substantially as
follows:
FOR
PROPOSITION NO. 7
( ) THE AMENDMENT OF THE HOME RULE CHARTER FOR THE CITY
OF ROUND ROCK, TEXAS TO CLARIFY AND STANDARDIZE
TERMS AND LANGUAGE AND TO CORRECT GRAMMATICAL,
CAPITALIZATION, AND TYPOGRAPHICAL ERRORS.
AGAINST ( )
3.
FOR
PROPOSITION NO. 8
( ) THE AMENDMENT OF THE HOME RULE CHARTER FOR THE CITY
OF ROUND ROCK, TEXAS TO RENDER THE CHARTER GENDER
NEUTRAL.
AGAINST ( )
FOR
PROPOSITION NO. 9
( ) THE AMENDMENT OF THE HOME RULE CHARTER FOR THE CITY
OF ROUND ROCK, TEXAS, TO UPDATE REFERENCES TO STATE
STATUTES AND TO BRING THE CHARTER IN COMPLIANCE
WITH STATE STATUTORY LAW.
AGAINST ( )
9. In all respects the election shall be conducted in
accordance with 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.
READ and APPROVED on first reading this the J J ' day of
I'LLUMt&U
, 1995.
READ, APPROVED and ADOPTED on second reading this the
day of
, 1995.
1
CHARLES CU 'PER, Mayor
City of Round Rock, Texas
4.
ATTEST:
E LAND, City Secretary
5.
1
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 het:.;e.;:;.rt.;;e t(Crte" in
accordance with
the statutes of the State 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 state of Texas incorporated forever under the name of
the "City of Round Rock" with such powers, rights and duties as are herein provided.
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 state constitution, the statutes of this state and by this Charter, all powers of the City
1:t aff :: Nrat'ne i::tiNiC .f.Ctt> :::7' shall be vested in e..ec
y� an elective eleet
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 state.
SECTION 1.02 THE BOUNDARIES
The bounds and limits of the City of Round Rock, Texas 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 of nouns Re
Texa:r,
SECTION 1.03 EXTENSION OF BOUNDARIES
The boundaries of the City of Round Rock may be enlarged and extended by the
annexation of additional territory, irrespective of size and configuration, in any of the methods
hereinafter designated:
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EXHIBIT
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(a) Extending Limits in Accordance with Article 974 of the Revised Civil Statutes
of Texas as now or hereafter T
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
: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 motel 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 ef-Reund-Reek 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.
(0 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 the City and shall be bound by the acts, ordinances, resolutions
and regulations of the City.
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SECTION 1.04 CONTRACTION OF BOUNDARIES
Whenever there exists within the corporate limits of the City e€ -Remak 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.
ARTICLE 2
POWERS OF THE CITY
SECTION 2.01 GENERAL
The City of Round Rock 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 state of Texas or any agency thereof, the Federal
Government or any agency thereof, or any political subdivision of the State 000of Texas; and
shall have all the powers granted to cities by the constitution and laws of the State state of Texas,
together vi1l MOO alt 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; and may pass such ordinances as may be expendient
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 fid -Reck; and,
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except and prohibited by the constitution and laws of this State 4.4to or restricted by this charter
tie, the City may exercise all municipal powers, functions, rights, privileges and immunities
of every name and nature whatsoever.
SECTION 2.02 GENERAL POWERS ADOPTED
The enumeration of the particular powers in this charter Chatter shall not be held or
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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
st e of Texas, it would be competent for this charter moot er specifically to enumerate. The City
of Round Reek shall have and may exercise all the powers ( ham ru :fit` ::enumerated in
Article 1175, Chapter 13, Title 28, of the Revised Civil Statutes of the State este of Texas of
1925 and as now or hereafter amended.
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
Charter or by the constitution and laws of the State 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 $4.te. 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 Cae.
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SECTION 2.04 ZONING IN GENERAL
The council CiVediii.dil shall have full power and authority to zone the City and to pass
all necessary ordinances, rules and regulations governing the same under and by virtue of the
authority given to cities and legislative bodies thereof by Articles 1011A through 1011J inclusive,
of the 1925 Revised Civil Statutes of Tena,
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blit -,.as now or hereafter amended.
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ARTICLE 3
THE CITY COUNCIL
SECTION 3.01 NUMBER, SELECTION AND TERM
The council shall be composed of the Mayor and six (6) Councilman
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t tJ>t embs. The Mayor and all Councilmanis tun tl»ttetab rs shall be elected from the
City at large and each GeuncilinanCNOW:01000 shall occupy a position on the council City
00, such positions being numbered 1 through 6 consecutively. The Mayor and Councilman
WitetUiii6ilibei 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) Councilman> t i
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eni shall be elected to serve two (2) year terms and two (2) Councilman :
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 council eittcows 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)
SECTION 3.02 QUALIFICATIONS
In addition to any other qualifications prescribed by law, the Mayor and each Count
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a tl membe shall meet the conditions of Section 5.02 while in office, and shall reside within
the City while in office.
SECTION 3.03 JUDGE OF ELECTION QUALIFICATIONS
The council
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It Cl shall be the final judge of all elections and of qualifications of
its members and any other elected officials of the City.
SECTION 3.04 COMPENSATION
I Il x Ya'tttiie#1 bur 'M`'`ember-^ of the council shall receive compensation as .._ P
may be fixed by ordinance; provided, however, that they shall be entitled to all necessary
expenses incurred in the performance of their official Council c : ti t duties upon approval by
the councily ul.
(Charter amendment approved by voters April 5, 1986)
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SECTION 3.05 MAYOR AND MAYOR PRO -TEM
The Mayor shall be the official head of the City government. 14e Th 'ati+l ?u shall be the
chairman of and shall preside at all meetings of the council eittemia. The Mayor shall vote
on every proposition before the council wpm** +Cou c 1, but shall have no power to veto. He The
l a at shall see that all ordinances, bylaws, and resolutions of the council tw t`'; n 1 are
faithfully obeyed and enforced. He The€ ayor :shall, when authorized by the council py
au001, sign all official documents such as ordinances, resolutions, conveyances, grant
agreements, official plats, contracts, and bonds. He yokmootiii0all appoint special committees
he " `:> "`::::deems advisable and as
�r:�ue: instructed by uiccouncl Orauk. 14e wla'rshall
perform such other duties consistent with this dim -ter Charter or as may be imposed upon him
kietiii by th001,11461 tt} ` aunt it
The Mayor Pro -tem shall be a GeuneilfilanCquifiauiernber. elected by the council oily
Ca tnc#1 at the first regular council Ci*Ccitin.0 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.
SECTION 3.06 VACANCIES, FORFEITURE, FILLING OF VACANCIES
(a) Vacancies:
The office of a Ceueeil Capot:.tt etufiot or office of the Mayor shall become
vacant upon hisiiifier death, resignation, removal from office in any manner
authorized by law, or forfeiture of his Or h r office.
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(b) Forfeiture of Office:
If the Mayor or any Council troupe
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(1)
Mails to maintain the qualifications as required in Sections
3.02 and 5.02 herein;
(2) 1411as been found by at least a 2/3 vote of the council city
oull to have violated any express prohibition of this charter
arty;
(3) Is convicted of a crime involving moral turpitude; or
(4) Ffails to attend three (3) consecutive regular council It
unl meetings without being excused by the council kAy,
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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)
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(c) Filling of Vacancies:
When any vacancy or vacancies shall occur on the eouneil tyott, a special
election shall be called •
occurrence of the vacancy or vacanciesin aec a E e #stateIa to fill the
vacancy or vacancies in the same manner as described herein for regular
elections.
(Charter amendment approved by voters April 5, 1986)
SECTION 3.07 GENERAL POWERS AND DUTIES
All powers of the City shall be vested in the eouncil a c except as otherwise
provided by law or this charter Charter, and the council C ett shall provide for the
exercise thereof and for the performance of all duties and obligations imposed on the City by law.
SECTION 3.08 PROHIBITIONS
(a) Holding Other Office:
Except where authorized by law, no Mayor or Comeilman :VON* shall
hold any other City office or City employment during his j'term as Mayor
or ouneil .ember and no former Mayor or Councilman 0.0000 utter shall hold any compensated appointive City office or City employment
until one year after the expiration of his ter::;:>lr ::term as Mayor or
Ceaneilmai a tzic
(b) Appointments and Removals:
Neither the council es. for any of its members shall in any manner
dictate the appointment or removal of any City administrative officers or
employees whom the Manager t} Manageror any of his r �tili ates
4011rdinate are empowered to appoint, but the council it>; t✓ KO may express
its views and fully and freely discuss with the C Manager anything pertaining
to appointment and removal of such officers and employees.
(c) Interference with Administration:
Except for the purpose of inquiries and investigations under Section 3.16, the
eouncil OteelOgg or its members shall deal with City officers and employees
who are subject to the direction and supervision of the Manager i ty ana r
solely through the Manager C ty al at g *, and neither the eouncil
nor its members shall give orders to any such officer or employee, either publicly
or privately, except as otherwise provided in this ehartef Aft.
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SECTION 3.09 MEETINGS OF COUNCIL TkITGO1TL
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The eenneil Ci[t rl c u Oil 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
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citizens. The council Cit'Citiuil shall fix, by ordinance, the days and time of the regular
meetings. Special meetings of the council Cu<Coizcil shall be held on the call of the Mayor or
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of a majority of the eeuneil CitCouiul members::
Haat..
a .
SECTION 3.10 QUORUM
0.04
e nn
Four council City:: :NOW members shall constitute a quorum for the purpose of
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transaction of business and no action of the eeuneil C t `Cou nf, except as provided in Section
3.06, shall be valid or binding unless adopted by the affirmative vote of four or more members
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of the council CtCturxc
SECTION 3.11 RULES OF PROCEDURE
The council C t Cu?u1 a 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 3.12 VOTING
The eeuneil 'di shall provide for minutes being taken and recorded of all
meetings, and such minutes shall be a public record. Pro\ ded "owe that xept' e
b t to 1 s? ;:`:there shall be no requirement for the taking and recording of minutes of meetings
held in executive or closed session in accordance with Article 6252 17, V.T.C.S. Totico 1
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ideAita..eliiiit4i5•Sin ChapterVoting, except on procedural motions, shall be by roll call and the ayes
and nays shall be recorded in the minutes.
All members of the eel Clt Cxici 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)
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.
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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 of nd Reek before the same shall become effective.
All other ordinances shall not be fmally 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 council praiotwil, the requirements for reading on two separate
days may be dispensed with by an affirmative vote of all the council pi s ` n 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 Cid`: Council of the City of
Round Rock, Texas."
SECTION 3.14 EMERGENCY ORDINANCES
To meet a public emergency affecting life, property, or the public peace, the council Q4y
COttocit 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 8.05B.
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 council 00::06itall. 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 council eiiyauc*I 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 3.15 BONDS FOR CITY EMPLOYEES
The councily' a €t c l shall require bonds of all municipal officers and employees who
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receive or pay out any monies of the City. The amount of such bonds shall be determined by the
council Cit o:1 and the cost thereof shall be borne by the City.
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SECTION 3.16 INVESTIGATIVE BODY
The council City CtiWOO shall have the power to inquire into the official conduct of any
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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 council C4:i.;comou shall provide by ordinance,
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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 4.01
ARTICLE 4
ADMINISTRATIVE SERVICE
CITY MANAGER
(a) Appointment and Qualifications:
The council City C t # by majority vote of tti4iientire council C`<''. 'Ctzuttt~ t
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shall appoint a City Manager. The method of selection shall be left to the
discretion of the City Council so long as the method insures orderly, nonpartisan
action toward securing a competent and qualified person to fill the position. The
City Manager shall be chosen solely upon the basis of his $ueb e q 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 he r: office he to
Ct'at shallresi•de within the City. The City Manager shall be bonded at
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City expense in an amount of not less than ten thousand ($10,000) dollars.
(b) Compensation:
The City Manager shall receive compensation as may be fixed by the council
C ty'Cittl according to his o1 experience, education, and training. The
compensation shall be agreed upon before appointment with the understanding
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that the council Ci ' C uracil 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 council wawa by vote of the majority of
the entire council City Crn c 1. The action of the council C#t":'C€yuucil in
suspending or removing the City Manager shall be final. It is the intention of this
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charter ) 6 to vest all authority and fix all responsibilities of such suspension
or removal in the council Cady Cttuxc.
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(d) Powers and Duties:
The City Manager shall be the Chief Administrative Officer of the City,
and shall be responsible to the council MiiieNtien for the proper administration
of all the affairs of the City and to that end shall have the power to and shall be
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required to:=
Ssee that all state laws and City ordinances are effectively enforced
#appoint, suspend or remove all or any one of the directors of
departments, except as otherwise provided in this charter Charter-
Aattend all meetings of the council City une 1 except when excused by
:.;:.;:.;:.:........ .
t e council Ci y 1~1ihic 1, and shall have the right to take part in the
discussions -
prepare the budget annually and submit it to the council r + 4W01
and be responsible for its administration after its adoption
prepare and submit to the council i `t cll at the end of the fiscal
.::::::......
...... ....
year a complete report on the finances and administrative activities of the
City for the preceding year
(6) Kkeep the council iYl ': titiiicil advised of the financial condition and
future needs of the City and make such recommendations as may seem
tem advisable=;i
bake other such reports as the council Ciweattia, may require
concerning the operations of city pw4epartments, offices and agencies
subject to his a:her discretion and supervision - arid
(7)
(8) perform such other duties as may be prescribed by this Charter or
required of him by the council t ? ttlzta tl, as consistent with this
Charter.
(e) Assistant 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 perform the duties of the City Manager in his OithOt absence or disability
Such designation shall be subject to the prior approval by of :the council t
tinct. The Assistant City Manager is authorized to perform the same powers
and duties as the City Manager while he is acting in his
t ; i 1 tag r
.:.::.;;:<.;;;:.;:.:;.:.....:.::......::
stead. No member of the council Oteiftha shall serve as Assistant City
Manager. From time to time the City Manager may remove and appoint in his
stead another Assistant City Manager, also with the prior approval of the City
Council.
(Charter amendment approved by voters November 6, 1979)
11
SECTION 4.02 ADMINISTRATIVE DEPARTMENTS
There shall be such administrative departments as are established by this charter r.
and may be established by ordinance and, excepting as otherwise provided in this charter Charte
these administrative departments shall be under the direction of the City Manager.
The council Cny Coun shall have power by ... ordinance to establish administrative
departments or offices not herein provided by this charter phkoi. The council oitvicoim may
discontinue, redesignate, or combine any of the departments and/or administrative offices. No
changes shall be made by the council ciit$Ocootop in the organization of the administrative
service of the City until. the recommendations of the City Manager thereon shall have been heard
by the council 010.g..0001.
The head of each Department shall be a director who shall have supervision and control
over his oudepartment. Two or more departments may be headed by the same individual and
the City Manager may head one or more departments.
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 tai of Texas
relative to municipal courts.
(b) The judge of said court shall be appointed by *council miiimom to serve
at the discretion of the council et00)004. Tb ogigkshail be an attorney
licensed and practicing in the gine state of Texas and shall receive such salary
as may be fixed by the council
(c) There shall be a clerk of said court appointed by the City 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.
(f) All costs and fines imposed by the Municipal Court shall be paid into
the City Treasury for the use and benefit of the City.
SECTION 4.04 CITY ATTORNEY
The City Council shall appoint a competent and duly licensed attorney practicing law in
the State state of Texas, who shall be the City Attorney. 14e Theciis6mofiap.shall receive for
12
..................
hisotttcr services such compensation as may be fixed by the City Council and shall hold his
office at the pleasure of the City Council. The City Attorney, or such other attorneys selected by
..........................................
late><ityAttre with the approval of the City Council, shall represent the City in all
litigation. he MOWAttkittii.i.shall be the legal advisor of, and attorney and counsel for, the
.............................................
City and all officers and departments thereof.
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, er—an 40Assistant
City Secretary res, shall be as follows:
(a) Tto give notice of council tty:Counctl meetings;
(b) Tto keep the minutes of the proceedings of such meetings;
(c) lto authenticate by his ter' be';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 te-him, and those
elsewhere provided for in this charteriter.
ARTICLE 5
NOMINATIONS AND ELECTIONS
SECTION 5.01 CITY ELECTIONS
(a) Schedule.
The regular City Election will be held annually on the first Saturday in April
l a y unle a d�ffeie die is rehi red b sfa a El ct
A iter S bcha t r 'The council
.............:.....................:......::::....................................
responsible to specify places for holding such election.
(b) Special Elections.
shall be
The council pity pow may, by resolution, order a special election under
conditions specified elsewhere in this charter Cher, or for ordinances, bond
..................
..................
issues, ehaFt-eF t ter amendments, recall or other purposes deemed appropriate
by councili:y goomt. The council 0):000500.0 will fix time and place for
holding such special elections, and provide all means for holding same.
13
(c) Voter Eligibility List.
A certified list of voter registrants within the City, as prepared by the County
Tax Assessor Collector fil&tft'Ailiiiiaitfit& shall be maintained current on
file w the e: 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-C-enstitutiefi Obatiftitii5tVof the State
state of Texas, general laws of the State itate, this charter Charter, and
ordinances of the City, in the order named. Municipal elections shall be
conducted by the election officials appointed or approved by the council City
Co46611. 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.
SECTION 5.02 FILING FOR OFFICE
-iHEligibility to File. Each candidate for an elective city City:.office shall meet the
following qualifications:
be a registered voter of the
City-
(b..$ha41 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
(SPY
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.
incumbent seeking reelection must file for the same position number
presently serving.
(e)(2) No candidate may file for more than one office or position number per
election.
(4(4)I,No employee of the City shall continue in such position after filing for
an elective office.
14
(Charter amendment approved by voters November 6, 1979)
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 designed designated iby 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) Absentee
Procedures for edyoting by shall be consistent with current
edition of Texas Election Laws0604Stilgi: inic#016.0004050.
(d) Ballots for Ordinances, Bond Issues, and Charter Amendments.
An ordinance, bond issue or charter etwoop amendment, to be voted on by
registered 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 .Nhole 000iiOuneil City Council
describing the substance of the measure without argument or prejudice. Below
the ballot title shall appear the following question: "Shall the above described
(ordinance) (bond issue) (Amendment) be adopted?" Immediately below or to the
left of such question shall appear, in the following order, the words "Yes" and
No" each with a square box in which the voter may cast his .010fi 'vote by
marking a cross (X).
(e) Write -In Votes.
Procedures for write-in votes shall be consistent with current edition of Texas
Election Laws. Vex Bi�t Code Ain as niended
15
SECTION 5.04 CANVASSING
later than twelve (12) hours after the closing of the pells=One
The council Citctcz 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 councilt w oJ, by totals for each
;:.......:..:.....:.......
candidate, or, for or against each issue submitted.
(Charter amendment approved by voters November 6, 1979)
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
preceding regular or special election
ARTICLE 6
RECALL OF OFFICERS
SECTION 6.01 SCOPE OF RECALL
Any elected city Cid: 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)
16
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 registered voters as
last published by the County E e ti s AdWiftis4,40r. Each signer of such
recall petition shall personally sign his t eu own name thereto in ink or indelible pencil, and shall
write after his their name410 place of residence, giving name of street and number
place of residcxec, and shall also write thereon the day, the month and year his wok signature
was affixed. Such petition shall contain a general statement of the grounds for which the removal
is sought.
(Charter amendment approved by voters November 6, 1979)
SECTION 6.03 RECALL PROCEDURE
Any registered 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 registered 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 WtiO' office the name of the registered voters to whom the
petition blanks were issued and the number to said person.
(Charter amendment approved by voters November 6, 1979)
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 i r -00s charged. Recall petition papers provided by the person
performing the duties of City Secretary shall be in form substantially as follows:
17
We the undersigned registered 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 registered voters of the City. The charges and
specifications upon which this demand for removal is predicated are as follows:
NAME
ADDRESS DATE
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 , 4-9
Notary Public in and for
Williamson County, Texas"
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 argyle Arf l '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 his c fi r4 ou c -k address.
18
(b) Certification procedures as described in Section 7.04 shall be followed in
certification of the recall petition.
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 council E t1 meeting.
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 him kja
iteto 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.
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 not be less than twenty five (25) or more than thirty five (35) days from the
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 f (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 by recall . "
AGAINST the removal of by recall."
SECTION 6.10 RESULT OF RECALL ELECTION
If a majority of the votes cast at a recall election shall be against the recall of the person
.............
named on the ballot, he ... E' s e€::shall continue in office for the remainder of his behOOkmexpired
term, subject to recall as before. If a majority of the votes cast at such an election be for the
19
recall of the person named on the ballot, he tast'eshall, 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(s) removed from office by recall election succeed himself
r r if or themselves, nor shall his or their name okteatuommoicappearsuch on a ballot for
elective office of the City of Round Rock within a period of two (2) years following the date of
the election at which he or thcy were sueh:ofteer wa removed from office.
SECTION 6.11 RECALL; RESTRICTIONS THEREON
No recall petition shall be filed against any officer of the City ef-Reund-meek within six
(6) months after his b fheer's election or appointment, nor within six (6) months after an
election for such officer's recall.
SECTION 6.12 FAILURE OF CITY COUNCIL TO CALL AN ELECTION
In cases 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 toorder such recall election, or tuidischarge
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, octoopocitcoftotoot
joagoti.shall discharge any such duties herein provided to be discharged by the person
performing the duties of City Secretary or by the City Council.
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
eetxieil CftCohel, except ordinances appropriating money or levying of taxes,
or applicable to zoning, not in conflict with this Charter, the ate stot
Constitution, or the State state laws; and, if the council C ty 'Ca i z 1 fails to
adopt an ordinance so proposed, to adopt or reject it at a City election.
(Charter amendment approved by voters November 6, 1979)
20
(b) Referendum.
The qualified voters of the City shall have power to require reconsideration by
the council City 'Council of any adopted ordinance and, if the council City
ottct 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)
SECTION 7.02 COMMENCEMENT OF PROCEEDINGS;
PETITIONERS' COMMITTEE; AFFIDAVIT
Any five (5) qualified voters Cty 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 specifying the address(es) to which all notices to the
committee are to be sent, and setting out in full the proposed initiative ordinance or citing the
ordinance sought to be reconsidered.
Immediately 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.
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 twenty percent (20%) of the number of votes cast in
the last regular municipal election of the City, 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. Each signature shall be executed in ink or indelible
pencil and shall be followed by his the51 " s' place of residence by street and
.:.:......::.:...........:....
number or other description sufficient to identify the place. Petitions shall contain
or have attached thereto throughout their circulation the full text of the ordinance
proposed or sought to be reconsidered.
21
(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 tg personally circulated the paper, the
number of signatures thereon, that all the signatures were affixed in his tete
eiretial tor;' presence, that he the c i t ok:believes them to be the genuine
signatures of the persons whose names they purport to be and that each signer
had an opportunity before signing to read the full text of the ordinance proposed
or sought to be reconsidered.
(d) Time for Filing Referendum Petitions.
Referendum petitions must be filed within t . 30) days after issuance of the
appropriate blanks for reconsideration of any ordinance adopted by the council City
bail]. Initiative petitions must be filed within thirty (30) days after issuance of the
appropriate blanks to the petitioners' committee. Additional time as specified in Section
7.04 shall be allowed for amending petitions.
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 send a copy of the certificate to each member
of the petitioners' committee by registered mail.
(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 council City' 0uiiei1 by the next
regular council City;; C4iit 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 amend or request council City Ci:l review under subsections (d) and (e)
of this section within the time required, the City Secretary shall present a
certificate to the council City P60.601. by the next regular eeuncil giwvogoitCy
meeting which shall be a final determination of the insufficiency of the petition.
(d) Insufficient Petition, Appeal.
If a petition has been certified insufficient and the petitioners' committee does not
file notice of intention to amend it as in Section 7.04(e), the committee may,
22
within two (2) working days after receiving the copy of such certificate, file a
request that it be reviewed by the councility oun i The council City;
shall review the certificate at its next regular meeting following the filing of such
request and approve or disapprove it, and the council :ty?oui's
.::::::.................:.........
determination shall then be a final determination.
(e) Insufficient Petition, Amending.
A petition certified insufficient for lack of required number of valid signatures
may be amended once if the petitioners' committee files a notice of intention to
amend it with the City Secretary within two (2) working days after receiving the
copy of his such certificate, and files a complimentary petition with additional
names within two (2) weeks after receiving the copy of such certificate. Such
supplementary petition shall comply with the requirements of Sections 7.03(b)
and (c). Within five (5) days after tYeamended petition is filed, the person
performing the duties of City Secretary shall complete a certificate as to the
sufficiency of the petition as amended and shall within twenty-four (24) hours
send a copy of such certificate to each member of the petitioners' committee by
registered mail as in the case of an original petition. The final determination as
to the sufficiency of an amended petition shall be determined in the same manner
as prescribed for original petitions in Sections 7.04(b), (c), and (d), except that
no petition, once amended, may be amended again.
(f) Court Review: New Petition.
A final determination as to the sufficiency of a petition shall be subject to review
in a 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.
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 etiiCouncil repeals
the ordinance or the ordinance is upheld by election.
SECTION 7.06 ACTION ON PETITIONS
(a) Action by council ci[ ' u40.
......:.......................
Within sixty (60) days after the date the initiative or referendum petition has been
finally determined sufficient, the council shall:
(1) A adopt a proposed initiative ordinance without any change in substance;
or
23
(2) Riepeal a referred ordinance; or
(3) C—a11 an election on the proposed or referred ordinance as specified in
Section 7.06(b).
(b) Submission to Voters.
The vote of the City 00 t+ 60:ion a proposed or referred ordinance shall be held
nit
#40.k:01: % ri l lri:€I t s t t t d by t t 1. 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.
(c) Publication of Proposed and Referred Ordinance.
(d)
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.
;01f PO
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 four (4) members of the
petitioners' committee. Upon filing of such request, the petition shall have no
further force or effect and all proceedings thereon shall be terminated.
SECTION 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."
24
SECTION 7.08 RESULTS OF ELECTION
(a) Initiative.
If a majority of the registered electors voting on a proposed initiative ordinance
vote in its favor, it shall be considered adopted upon certification of the election
results and shall be treated in all respects in the same manner as ordinances of
the same kind adopted by the council City:C.0001. irn 1. 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 sail City
...:..:...
C00 members qualified and serving.
(c) Referendum.
If a majority of the registered electors voting on a referred ordinance vote against
the ordinance, it shall be considered repealed upon certification of the election
results. If a majority of the registered electors 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 council C#t
Cul members qualified and serving.
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.
25
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 OMR, shall be in such form as
the manager MiiiiMiOiggiii4eems desirable or the council City ewil may
require. A budget message explaining the budget both in fiscal terms and in
terms of the work programs shall be submitted with the budget. It shall outline
the proposed financial policies of the City for the ensuing fiscal year, describe
the important features of the budget, indicate any major changes, from the
current year in financial policies, expenditures, and revenues, with reasons for
such changes. It shall also summarize the City's debt position and include such
other material as the manager 011.:014040t deems desirable. The budget shall
begin with a clear general summary 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) Mn itemized estimate of the expense of conducting each department,
division, and office-;
(2) Rteasons for proposed increases or decreases of such items of
expenditure compared with the current fiscal year
(3) Aa separate schedule for each department, indicating tasks to be
accomplished by the department during the year, and additional
desirable tasks to be accomplishedif possible,
(4) Aa statement of the total probable income of the City for from taxes for
the period covered by the estimate4
(5) Ttax levies, rates, and collections for the preceding five years7
(6) Ain itemization of all anticipated revenue from sources other than the tax
26
(7) Tthe amount required for interest on the City's debts, for sinking
fund and for maturing serial bonds;:
(8) fthe total amount of outstanding City debts, with a schedule of
maturities on bond issue7;
(
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).;
(4410) A a.Capital (tm rt lent 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:
'summary of proposed programs;
A list of all capital improvements which are proposed to be
undertaken during the five ($)';fiscal years next ensuing, with
appropriate supporting information as to the necessity for such
improvements;
Qost estimates, method of financing and recommended
time schedules for each such improvement; and
.............. ..
�Ivs< Tthe estimated annual cost of operating and maintaining
the facilities to be constructed or acquired-, aid
S such other information as may be required by the council ii
(b) Submission.
uno
On or before the first day of August of each year, the manager. ;€ty >1VI4 i i.
shall submit to the eeuneil py06:00 a proposed budget and an accompanying
message. The council 0060,404 shall review the proposed budget and revised
revs;as deemed appropriate prior to general circulation for public hearing.
(c) Public Notice and Hearing.
The council CityiOtinell shall post in the City Hall and publish in the official
newspaper a general summary of their tiW proposed budget and a notice stating:
(1)
f -the times and places where copies of the message and budget are
available for inspection by the public; and
(2) fthe time and place, not less than two 0)]i.weeks after such publication,
for a public hearing on the budget.
27
(d) Amendment Before Adoption.
After the hearing, the council `'Ct 1 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 twenteventh fiAgiday of
the last month of the fiscal year. Adoption of the budget shall constitute a levy
of the property tax therein proposed. Should the council City C nil 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 council
Cit:C. 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.
SECTION 8.04 ADMINISTRATION OF BUDGET
(a) Payments and Obligations Prohibited.
No payment shall be made or obligated 40:: incurred against any allotment
or appropriation except in accordance with appropriations duly made and unless
the managereItt gan:.:ger or his 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 C>air 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 he su h o x et` 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 #t „ ;. *0 shall submit to the council C Cp 00 at its first
formal regular meeting each month the financial condition of the City by budget
item, budget estimate versus accruals for the preceding month and for the fiscal
28
year to date. The financial records of the City will be maintained on an accrual
basis to support this type of financial management.
SECTION 8.05 EMERGENCY APPROPRIATIONS
At any time in any fiscal year, the council t'; at di l 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
.............................
council ky ttt 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
fiscal year. t eamount is lowed ;state a� !
....................................:......
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 council City t e may by
.::.........:::.:....:....
resolution, authorize the borrowing of money to meet such deficit as provided by law.
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 council City' ouncil 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 4-9 " (stating the tax year). Such notes shall mature and be payable not later than the end
of the fiscal year in which issued.
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 eeuneil 00i.OWNO 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 and countersigned by the City Manager. Provided, that
the council eitVebiiiidii, 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 on such checks, vouchers and warrants.
29
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, the summary thereof shall be published immediately in the official newspaper of the
City of Round Rock and copies of the audit placed on file in the City Secretary's office as public
record.
ARTICLE 9
BONDS
SECTION 9.01 BORROWING FOR CAPITAL IMPROVEMENTS
(a) Borrowing.
The council t 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 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 stat: of
Texas and shall be used only for the purpose for which they were issued.
30
(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
Genstitutien istttto;and laws of the State 00.0 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
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.
(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.
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
...............
CityCouncil the>Ilrirec � i`df>l~ar. The
As ewer Cotte,.«,,.. :':,,
�tl`eart€lte±:;shallgive a
surety bond for faithful performance of his or er duties including compliance with all
P p
controlling provisions of the State tato Law lit* bearing upon the functions of his u `'office,
in a sum which shall be fixed by the City Council at not less than five thousand dollars
31
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 state of Texas, and for any
municipal purpose.
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 e€ Reund Reek on January 1 of each year, not expressly exempted by law, shall be subject
to taxation by the City e€-Reund—Reck for such year. The council may prcscribc the mode and
manner of making renditions, tax lists, assessments, and tax rolls
within the limits of the City, shall, between January 1 and April 1 of each year, file with the City
or controlled within said limits on January 1 of each year. The council may prescribe by
and determine the value of the property rendered and fix the value thereof for tax purposes. If
uch change. In all cases where no rendition of real or
All assessments of real property, whether rendered by the owner or assessed by the City
Collector, he shall state that fact. The City Tax Assessor and Collector shall assess all property
32
SECTION 10.04 TAXES: WHEN DUE AND PAYABLE
All taxes due the City of -Round -Reek on real or personal property shall be payable at the
- 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 • . - -'
p .,,.,,.,. d yrds oioi1. The City Council may provide further by ordinance that all
taxes, either current or delinquent, due the City ndk 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.
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
;nen-residence 5. 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.
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-aiiel-Collector at any time before April 1 of
each year a written description of any parcel of land in which he t ' r has an interest less
................7s:;. :...e ::in,..: Asses .or and
than the whole, showing the amount of his t't`ttrsmterest therein, and the
Collector Cit: <' <` ssesaai e.OR,... qT. ma :......as.
.;y , o.;�t;,r y thereupon assess such interest as a separate parcel.
The City Tax Assessortand 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` . Assessor-and=ICollector a full description
of the particular part of interest on which payment is tendered.
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.
33
SECTION 10.08 BOARD OF EQUALIZATION
(a) Right to contract with other municipalities.
.............................
The council City Ctuucl shall be empowered to contract by ordinance or
resolution with any other municipality or district located entirely or partly within
the corporate limits of the City with regard to the mutual assessment,
equalization, and collection of taxes. In the event the City does enter into such
a contract, the appointment procedures and qualifications for individuals so
serving as City' Tax AssessorICOMO t —Board of Equalization, and Tax
Collector shall be negotiable and determined in accordance with the best interest
of the City at that time and shall be made a part of the contract.
(b) Appointment and Qualifications.
In the event the City does not contract with another municipality or district for
the mutual assessment, equalization, and collection of taxes, then the following
provisions shall apply.
(c) The Board of Equalization shall consist of three members who shall be registered
voters and real property owners in the City of -Round -Reek, none of whom shall
be employees, officers, or members of the council City'Cuuu of the City. The
..........
members of the Board of Equalization shall be appointed by majority vote of the
council C 0.,50600 and shall serve for two (2) year terms. The appointments
shall be made at the second regular meeting of the council C#ty` Cf' Oil in May
of each year.
...::........:....
At the first meeting of the council CtyCQ[tt0t held after the decision to act
under Section 10.08(b) of this charter tjitttttC, the council CitSgeeitnidit shall
appoint two members of the Board to serve for two (2) years and one member
to serve for one (1) year. However, such initial Board appointments shall expire
on the day of the second regular council City ewt it meeting in May of the
appropriate year regardless of when made. Thereafter, all members shall be
appointed for two (2) year terms.
At the same meeting that the council City C6:000.1 appoints such Board, it shall
fix the time and place of the first meeting of such Board, which shall be not later
than the first day of June. The City t Assessor/ -a d -Collector or such person
appointed by the City Manager shall act as secretary to said Board. A majority
of said Board members qualified and serving shall constitute a quorum for the
transaction of business. Members of said Board, while serving, shall receive such
compensation as may be provided by the council coiiicomon and shall perform
no other duties for the City. The Board of Equalization shall have such powers
as enumerated herein and such additional powers as may be prescribed by
ordinance, and statutes of the State state of Texas as now or hereafter amended;
and shall be governed by such rules and regulations as may be prescribed by
ordinance, but may adopt such further rules and regulations of its own which are
not in conflict with any City ordinance or law of the State state of Texas.
34
(d) Powers and Duties.
The Board of Equalization shall have the power and it shall be its duty Via:
(1) Te elect a Chairman from its membership who shall preside at all
meetings of the Board.%
(2) Te adopt regulations regarding the procedure of assessment review -,Y
(3) Te, after its first meeting, adjourn and reconvene as necessary to
perform its duties:
(4) Te review, on complaint of property owners, assessments made
by the eikTax Assessor/Collector for the purpose of taxation of both
real and personal property within the City=:
(5) Te hold hearings, administer oaths and take testimony=;
(6) Te compel the production of all books, documents and other papers
pertinent to the investigation of taxable values of any person, firm or
corporation having or owning property within the corporate limits of the
City subject to taxation and to punish for contempt as provided by
ordinance-;
(7) Te correct any errors that my appear on the City
Assessor4Collector's lists or books
(8) Te examine, and if necessary, revise the assessments as presented by the
City Tax Assessor/aid-Collector to the end that all property within the
City shall be assessed so fairly and uniformly as possible..-
Whenever the Board shall find it their duty to raise the value of any
property appearing on the lists or books of the t`<Assessor-and
(Collector, it shall, after having examined such lists and books and
corrected all errors appearing therein, adjourn to a day not less than ten
(10) nor more than fifteen (15) days from the date of adjournment and
shall cause the Secretary of the Board to give written notice to the owner
of said property or to the person rendering same, of the time to which
the Board has adjourned and that such owner or person, rendering said
property may at any time appear and show cause why the value of said
property should not be raised. Such notice shall be served by addressing
same to such person's last known address and depositing same, postage
paid, in the United States mail -t:
(9)
(10) Te give notice of the date, time and place of all public meetings
of the board at least ten (10) days prior to such meeting(s) by
advertising same in the official newspaper of the City.
35
(e) Records: Certification and Adoption.
The Board shall be required to keep an accurate record of all its proceedings
which shall be available for public inspection. Immediately upon completion of
its work the Board shall certify its approval of the assessment rolls to be used for
the collection of taxes for the current year. Should the council tyCunit fail
.::::::.......:..:..:...::.....
to certify and adopt the tax rolls at the council 04040 meeting where such
tax rolls are submitted, same shall be deemed to have been finally certified and
adopted by the eeuneil Ci'Coriil and same shall be and become the valid tax
rolls of the City. The Tax Assessor-and4Collector shall thereafter cause tax
statements to be mailed to each person, firm or corporation named upon the tax
rolls.
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
constitutionand laws of the State sate of Texas.
SECTION 11.02 FRANCHISE; POWER OF COUNCIL
...............................
The council 44400. 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 of -Deck, 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 council C ty`C untcd
expressed by ordinance. No franchise shall be granted for an indeterminate term. No exclusive
franchise shall ever be granted.
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.
36
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 t:
(a) To 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) To 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) To establish reasonable standards of service and quality of products and prevent
unjust discrimination in service or rates;
(d) Te 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 state and/or Federal utility regulatory
agencies -
(
(e) Te 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-„
(f) Te impose such reasonable regulations and restrictions as may be deemed
desirable or conducive to the safety, welfare and accommodation of the public
lid
(g)grocedural rules and regulations dealing with public utilities i tjshall
conform to the requirements of the appropriate State State regulatory agencies.
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
Chapter chotoci.pr 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 his property as now or
hereafter provided by law.
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.
37
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.
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 council
C............................
y ou ncil 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 ow of Texas.
SECTION 11.08 FRANCHISE RECORDS
Within six Vii} 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.
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 3.13 of this charter Chanter;, 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 of Round Rock, including any person,
business or corporation providing cable television or community antenna television services.
38
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 state constitution and laws of this Stere state.
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) Shall be a registered voter of the City*
(2) Shall have resided for at least twelve (12) months preceding his
appointment within the corporated limits of the City, including territory
annexed prior to his appointments ; an
Shall 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.
(3)
(Charter amendment approved by voters November 6, 1979)
39
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.
(Charter amendment approved by voters November 6, 1979)
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) le responsible to and act as an advisory body to the council j?
ibOiR
(2) Recommend to the City Council for its action an official zoning map and
recommend any changes to the map-
Sstudy plats and plans of proposed subdivisions and insure that all plats and plans
conform to the City's subdivision and development ordinances-;
Annually recommend a th,Tis (5) year Capital Improvement Program to the City
Council;;:
Aannually recommend an annexation plan to the City Council
Aannually review the General Plan for the City and recommend to the mil
ity Oa any change;:
Pperform 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)
ARTICLE 13
GENERAL PROVISIONS
SECTION 13.01 PUBLICITY OF RECORDS
All public records of every office, department, or agency of the City shall be open to
inspection by an citizenpersonViiO4.4t all reasonable times, provided that records closed to the
40
public by law, shall not be considered public records for the purpose of this section. During
normal office hours, any citizen of the City penin' or any duly authorized representative of the
press or other news media shall have the right to examine any such public records belonging to
the City and shall have the right to make copies thereof under such reasonable rules and
regulations as may be prescribed by the council i€ Cocll or by this Charter.
SECTION 13.02 OFFICIAL NEWSPAPER
The council C Ce t tie t shall contract annually with, and by resolution designate, a
public newspaper of general circulation in the City as ( official organ uew p per 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 Genstitutien eatisututiuti`and/or laws of the State state of Texas to be published.
SECTION 13.03 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 13.04 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 Article 2529c of the revised
Civil Statutes of Texa& TexzL ,:.;:.G.ov t Code : nn • .:<:131: ;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 06,#.0t 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.
SECTION 13.05 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
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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 13.06 POWER TO SETTLE CLAIMS
The council ei 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.
SECTION 13.07 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 his
behalf shall give the City Manager or the City Secretary notice in writing duly
certified oderpg-kwithin forty-five (45) days after the date of the alleged damage or injury
stating specifically in such 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 OtigitOtMV:and Law 5 1.0*.*of the State ON of Texas.
SECTION 13.08 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 OkOpositions or
appointive city 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 Pittiadministrative 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 OtliOtitest, appointment,
proposed appointment, promotion or proposed promotion.
(3)
No city CiWofficer or candidate for city Coffice 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 C4 position.
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(4) No appointed officer or employee of the city 01$. iwho 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 City election or for or against any candidate for city Cistyoffice
or take any part in the management, affairs or political campaign of any
political party in a city City::; election, but he [ t t f e ' 0
may exercise his a frights as a citizen to express his opinions and to cast
his orlierivote. 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 by -himself tifiotttsltyor with others willfully violates
any provisions of the foregoing Sections 13.08(a) shall be ineligible for
appointment or election to a position in the City for a period of four (4) years,
..............................
and if he; such p rs is an officer or employee of the City at the time of such
violation, he r 3 shall immediately forfeit the office or position he 'guar.
ers
holds.
SECTION 13.09 SEPARABILITY
If any section or part of a section of this Chapter Crteris 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.
SECTION 13.10 SUBMISSION OF CHARTER TO VOTERS
The Charter Commission in preparing this charter ;ir 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 ef-Reund-Reck 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 of Round Rock 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 his signature and the seal of the City, shall be forwarded by the
Mayor to the Secretary of the State state of Texas and shall show the approval of such Charter
by majority vote of the registered voters voting at such election.
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SECTION 13.11 AMENDMENT OF CHARTER
SECTION 13.12 CHARTER REVIEW COMMISSION
The council etty iii. shall appoint at its first regular meeting of 1979 and not later
.::.::..............:..........
than every fourth year thereafter, a Charter ivCommission of seven (7) citizens of the City
eek.
(Charter amendment approved by voters November 6, 1979)
(a) fieTkluties of the atter l e e r' commission
(1) 1 nquire 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
lziropose, if it deems desirable, amendments to this ehaftefi to
improve the effective application of the Charter to current conditions_}
(b)
(3)
(4) Rreport its finding and present its proposed amendments, if any,
to the council 004
Action by the council y< tiva i
The council iiy` atiii it shall receive and have published in the designed
official publie 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 Chapter 13 of Title
(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.
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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.
SECTION 13.13 REARRANGEMENT AND RENUMBERING
OF CHARTER PROVISIONS
In order to preserve unity, the council z tt y 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.
SECTION 13.14 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 13.15 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)
ARTICLE 14
TRANSITIONAL PROVISIONS
SECTION 14.01 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.
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(b) Upon the adoption of this Charter, the present members of the council
qWI 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 C cilx�o n it i ei to serve for a term to
........................................
coincide with the term of the Gethie:ilhianCNtipil.:WitibOS who are elected in
even numbered years, or until his 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 of Ro k 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.
SECTION 14.02 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 coy 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............sh shall continue
.....
in such office of position until adoption of some specific provision under this
Charter directing that he 5Cer k yee vacate the office or position.
SECTION 14.03 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 councilCity €tti t. 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.
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SECTION 14.04 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.
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DATE: November 17, 1995
SUBJECT: City Council Meeting, November 21, 1995
ITEM: 9J. Consider an ordinance calling an election to revise the City Charter.
(First Reading)
STAFF RESOURCE PERSON: Joanne Land
STAFF RECOMMENDATION: The attached ordinance calls an election for January 20,
1996 for the purpose of revising the City Charter. The 1995 Charter Review Commission
appeared before the Council on October 24, 1995 and recommended that the City Council
call an election to amend the Charter to clarify and standardize terms and language;
correct grammatical, capitalization, and typographical errors; render the Charter gender
neutral; update references to state statutes; and bring the Charter in compliance with state
statutory law. It was the consensus of the Council to hold both the proposed bond
election and charter amendment election at the same time.
• Election day polling places will be:
a) C.D. Fulkes - Pcts. 149, 150, 172, 423, 424, 436, 455, 463, 480
b) Round Rock High School - Pcts. 119, 122, 135, 137, 138
c) Brushy Creek Elementary - Pcts. 340 and 345
• Early voting locations will be:
a) City Hall, 221 East Main Street
b) RRISD School Administration Building, 1311 Round Rock Avenue
• Early voting hours will be:
a) 8:00 a.m. to 5:00 p.m. January 2nd through January 5th
b) 8:00 a.m. to 5:00 p.m. January 8th through January 12th
c) 8:00 a.m. to 7:00 p.m. January 15th and 16th