1995 Recommendations THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512-255-3612
October 20, 1995
Mayor Charles Culpepper
Mayor Pro-tem Earl Palmer
Councilman Robert Stluka
Councilman Rod Morgan
Councilman Rick Stewart
Councilwoman Martha Chavez
Councilman Jimmy Joseph
Dear Mayor and Council:
It has been my pleasure to serve as Chairman of the Charter Review
Commission. Vice-Chairman Berry Sullivan, Commissioners Teke Baker,
Roy Beard, Barbara Jansen, Judy McLeod, Phil Scott and I have thoroughly
reviewed the Charter and the recommendations made by the 1991 Charter
• Review Commission.
Our Commission recommends that the City Council call an election to
amend the Charter in accordance with the "red-lined" version that is
attached. The purpose of the amendments would be 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.
Thank you for the opportunity to serve you and the citizens of Round
Rock.
incere
o
hn UJ. Manbeck. Jr.
Mayor Chairman
Charles Culpepper Charter Review Commission
Mayor Pro-tem
Earl Palmer
Council Members
Robert Stluka cc: Berry Sullivan
Rod Morgan
ek Stewart Teke Baker
alartha Chavez Roy Beard
Jimmy Joseph Barbara Jansen
City Manager Judy McLeod
Robert L.Bennett,Jr
City Attorney Phil Scott
Stephan L.Sheets
Fax 512-255-6676 1-800-735-2989(TDD) 1-800-735-2988(Voice)
RESOLUTION OF THE
• CHARTER REVIEW COMMISSION
WHEREAS, the Charter Review Commission ("Commission") was
appointed by the Round Rock City Council pursuant to §13 . 12 of the
Round Rock City Charter ("Charter" ) to review the Charter and
propose recommendations or amendments thereto, and
WHEREAS, the Commission has reviewed the Charter and
determined that certain amendments would be desirable, Now Therefore
BE IT RESOLVED BY THE CHARTER REVIEW COMMISSION OF THE CITY
OF ROUND ROCK, TEXAS,
That the Commission recommends that the City Council call an
election to amend the Charter in accordance with the "red-lined"
• version attached hereto as Exhibit A; the purpose of said amendments
to (1) clarify and standardize terms and language; (2) correct
grammatical, capitalization, and typographical errors; (3) render
the Charter gender neutral; (4) update references to state statutes;
and (5) bring the Charter in compliance with state statutory law.
RESOLVED this 'aE day of October, 1995 .
`— llw/
J n Ma�rbeck, Chairman
Charter Review Commission
City of Round Rock, Texas
ATTEST-
'Berry Su van, Vice-Chairman
•
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 Charterdie"" rii+ef�i� tc '::': :::`::°:`:` :"'
Y P : ::.::::::::::::::::::: 1m accordance with
the statutes of the Stateof 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 MW 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 06 constitution, the statutes of this state and by this Charter, all powers of the City
:.:::::::.:.::.::;:;:::::: :::.;:.;:.:::;:.:;.;;....;:.:.:.:::;;::;::::;:.;:.;:;.>;::::;::;;:::;:;::>:.:::; :::::::.;:.;:;::..::: :;:;:;:.;:.:::......
ctx�d1 kt:Thrz::> eftd:>:ts:::>" �t:. : xshall be vested m an eleee .
• ::.;;:.;:.; z:.;:.;:. deb
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 .
SECTION 1.02 THE BOUNDARIES
The bounds and limits of the City of Round Peek, Texas are hereby established and
described as being those boundaries heretofore established in the original incorporated
proceedings of the said City ef ReuRd Reek, Texas, 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 Round Roek-,
Texas.
SECTION 1.03 EXTENSION OF BOUNDARIES
The boundaries of the City of Rauiid R may be enlarged and extended by the
annexation of additional territory, irrespective of size and configuration, in any of the methods
•; hereinafter designated:
C:\WPDOCS\CITY\CODE\CHARTERI.WPD/sls
•
(a) Extending Limits in Accordance wih ^ fiele 974 or-f thea, RemrxxSec Q3V'l Stut
accS
of Termnow s-as , or- -acer- ,.:: *.:; c ;
amended: ::: d .::: Y:a::» :te ::< ::::::
:::............::...::.......:........ ?::::::.::::::::::::::::
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 ArfiEle 974 of the Revised Statutes
of the.State of Texas of 1-925, or-hereaft
........................................
(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 ehai4er- e 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 of Round 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.
(f) Annexed Territory to Become Part of the City:
Upon completion of any one of the procedures hereinabove provided, the
territory so annexed shall become a part of the City, and said land and its
• residents and future residents shall be entitled to all the rights and privileges of
other citizens of the City and shall be bound by the acts, ordinances, resolutions
and regulations of the City.
2
SECTION 1.04 CONTRACTION OF BOUNDARIES
Whenever there exists within the corporate limits of the City of Rom 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 Cityof nd-Reed 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 # of Texas; and
shall have all the powers granted to cities by the constitution and laws of theStarlet of Texas,
together Mill t.:# all the implied powers necessary to carry into execution all the powers granted.
The City may own or acquire property within or without its boundaries for any municipal purpose
in fee simple or in any lesser interest or estate, by purchase, gift, devise, lease or condemnation
or may sell, lease, hold, manage, control and police any property now owned by it or which it
may hereafter acquire, and shall have the right to lease or let its property whether inside or
outside of the City Limits, subject to the limitations hereinafter set out, and may construct, own,
lease, operate and regulate public utilities, may assess, levy and collect taxes for general and
special purposes on all lawful subjects of taxation; may borrow money on the faith and credit of
the City by the issuance and sale of bonds, certificates of obligation, warrants or notes of the
City; may appropriate the money of the City for all lawful purposes; may regulate and control
the use, for whatever purpose, of the streets and other public places; may make and enforce all
police, health, sanitary and other regulations; 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 of Round R and,
3
• except and prohibited by the constitution and laws of this Statet or restricted by this
r, 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 ehar-ter ar ae shall not be held or
deemed to be exclusive but in addition to the powers enumerated herein or implied hereby or
appropriate to the exercise of such powers, the City shall have and may exercise all power of
local self-government and all other powers which, under the constitution and laws of the State
she of Texas, it would be competent for this elar-teF tispecifically to enumerate. The City
of Round Re e shall have and may exercise all the powers #Q ri 1 ...... rated in
Article 1175, Chapter 13, Title 28, of the Revised Civil Statutes of the Sate���. of Texas of
1925 W4 .;.:::.: a
:An,.r snow 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 ehaFter-
• tt or by the constitution and laws of the State Rite 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 e. 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 elafter [za p.
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SECTION 2.04 ZONING IN GENERAL
............................
The eexneil 1 '' Q 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 r-tieles 10 !A through 101,T incl siv
of the 1925 Revised Civil Statutes of Texas ;:.>:;::•:>:.::•:•:•:;•:::;;;::;:a::::::::::: :.v.::•::;;; ;;:.,;:::::.:;::''•:::;:::;<•:•:•:
lat:� t �?tas now or hereafter amended.
•
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ARTICLE 3
THE CITY COUNCIL
SECTION 3.01 NUMBER, SELECTION AND TERM
The eouneil nt shall be composed of the Mayor and six (6) C—etmailm
.y.......::.:::::::w::::. .............
The.Mayor and
all itrtt3X shall be elected
City
Y d from the
t large and each Eetx
ty g � urrxef shall occupy a position on the
:.;.......; PY P setr�e�} t
n # , such positions being numbered 1 through 6 consecutively. The Mayor and Cel
tnitie $ 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) ��
#3103 shall be elected to serve two (2) year terms and two (2).Cetineil man x
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 setrnEitp 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 C—exneilman
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 eauneil a h €1 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
'1 'tx'a ou ll Iers Member-s of the eouneil shall receive compensation as
;:<::<::;::<:.;::<:::...:......... ... .. .. . ..
may be fixed by ordinance; provided, however, that they shall be entitled to all necessary
expenses incurred in the performance of their official Gounsil t 991....duties upon approval by
theeouneil
un %I. :....
• (Charter amendment approved by voters April 5, 1986)
5
• SECTION 3.05 MAYOR AND MAYOR PRO-TEM
The Mayor shall be the official head of the City government. a`1'I ': ( '<shall be the
chairman Og And shall preside at all meetings of the eouneil .I. The May:::: shall vote
on every proposition before the Eex erl % (� f t1', but shall have no power to veto. He e
a shall see that all ordinances, bylaws, j p and resolutions of the eaufteil are
faithfully obeyed and enforced. He T k z3 shall, when authorized by the eeunc f
c1, sign all official documents such as ordinances, resolutions, conveyances, grant
agreements, official plats, contracts, and bonds. Ike zsha11 appoint special committees
he >'>'<> ' `> leems advisable :::.:.;::>, :.;::.;:.;:
.: ., and as instructed by >eee ;:.,.. qu . Iqe `shall
perform such other duties consistent with this ester- at' or as may be imposed upon him
...........:......
The Mayor Pro-tem shall be a { l' elected by the e�eil
i# # at the first regular mil Y
meeting following each regular Cit 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.
i
SECTION 3.06 VACANCIES, FORFEITURE, FILLING OF VACANCIES
(a) Vacancies:
• The office of a C—ettneiftfi C or office of the Mayor shall become
:.:.: ...:.::::..:::...:.
vacant upon hishr death, resignation, removal from office in any manner
authorized by law, or forfeiture of his s It f:."office.
................
................
(b) Forfeiture of Office:
If the Mayor or any Eeuneilman ur1ejb :
(1) Ffails to maintain the qualifications as required in Sections
3.02 and 5.02 herein;
(2) 14l�as been found by at least a 2/3 vote of the eeaaEil �f"?
frstratc to have violated any express prohibition of this
(3) Is convicted of a crime involving moral turpitude; or
(4) Ffails to attend three (3) consecutive regular eeult
i ' meetings without being excused by the ecl
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 eauneil MAW, a special
election shall be called within o--.ro i.undr-ea twenty_(=z:0aps f ,, g �
aee r- en ee of the • .... < ei~ tt i tiCi t f <f 5 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 eeil ar' c , except as otherwise
provided by law or this � 3 't , and the eex�il x t # %1 shall provide for the
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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 C � fz t<1I--.jjj shall
• hold any other City office or City employment during hist term as Mayor
or E neilm T e l and no former Mayor or Cetineilman
erzae shall hold any compensated appointive City office or City employment
until one year after the expiration of his p '; liaerm as Mayor or
. ......:...... .........
(b) Appointments and Removals:
Neither the EsunEil # cQ Mor any of its members shall in any manner
dictate the appointment or removal of any City administrative officers or
employees whom the Managexc
or any of hisPF
-elates
� € tt�are empowered to a oint, but the eettnc-ilt" t may express
its views and fully and freely discuss with the Manager anything pertaining
to appointment and removal of such officers and employees.
(c) Interference with Administration:
Except for the purpose of inquiries and investigations under Section 3.16, the
eeufled ti `:': pR. or its members shall deal with City officers and employees
who are subject to the direction and supervision of the Mnnagef tir
solely through the Manager :` ` `" j, and neither the 60 Heil
Y :.::::::�..... .:1:1....:::::::::::::::::..
nor its emembers shall give orders to any such officer or employee, either publicly
or privately, except as otherwise provided in this mer .
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• SECTION 3.09 MEETINGS OF
The eeuxeil t ' ( Cl shall hold at least two regular meetings each month and as
many additional meetings as it deems necessary to transact the business of the City and its
citizens. The eotmeil 1G AQfiffl shall fix, by ordinance, the days and time of the regular
meetings. Special meetings of the eecl e1 shall be held on the call of the Mayor or
uof a majorityof the eetmeil members-`, andwhenever- �etieable, up ne less th:
..............::..:...::....
twelve hours a flee + �, i. :•:+:.;::;:.;:.;::;;:.; .:.::.;:::: :.;�:: ;:..:.:;.;:.;:.;:
ts-TONS: f::T >:: :>t:::.<::.. :;.:.
SECTION 3.10 QUORUM
Four eeuneil members shall constitute a quorum for the purpose of
transaction of business and no action of the seunsil €? pYlti7, except as provided in Section
3.06, shall be valid or binding unless adopted by the affirmative vote of four or more members
of the senxeil 90a".
SECTION 3.11 RULES OF PROCEDURE
The eeeil xt 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 eeeeeil §1RV tr l shall provide for minutes being taken and recorded of all
.::.>:.;:.;:......:..:....::....:.:
meetings, and such minutes shall be a public record. Provided however- that `�ce ice
sky ttuSx?:::there shall be no requirement for the taking and recording of minutes of meetings
held in executive or closed session in accordance withTr-fiele 6252-17,'�S- ` '
d i.'°>.`:` ::t5i Voting, except on procedural motions shall be b roll call and the 'ayes
and nays shall be recorded in the minutes.
All members of the eouneil ac#1 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.
8
• 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 Round Reef before the same shall become effective.
All other ordinances shall not be finally passed until they have been read on two separate
days not less than twelve (12)hours apart; provided however if an ordinance has been introduced
at a regular meeting of the eouneilt , the requirements for reading on two separate
days may be dispensed with by an affirmative vote of all the eouneil ti? 3 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 Wouncil 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 eouneil t €f
C# 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 eouneil i . 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 eouneil 1€ f #fG# 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 eeuneil €3t { f shall require bonds of all municipal officers and employees who
receive or pay out any monies of the City. The amount of such bonds shall be determined by the
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souneil 1E Q2t l and the cost thereof shall be borne by the City.
•
9
• SECTION 3.16 INVESTIGATIVE BODY
The eaune C shall have the power to inquire into the official conduct of any
department, agency, office, officer, or employee of the City, and for that purpose shall have the
power to administer oaths, subpoena witnesses, compelling the production of books, papers, and
other evidence material to the inquiry. The eauneil Itshall.provide by ordinance,
penalties for contempt in failing or refusing to obey any such subpoena or to produce any such
books, papers or other evidence, and shall have the power to punish any such contempt in the
manner provided by such ordinance.
ARTICLE 4
ADMINISTRATIVE SERVICE
SECTION 4.01 CITY MANAGER
(a) Appointment and.Qualifications:
The eauneil =;Qu l by majority vote of It entire eauneil
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,ixf$'executive
and administrative training, experience and ability and need not when appointed
be a resident of the City; however, during the tenure of hisrexoffice he tie
shall reside within the City. The City Manager shall be bonded at
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 soil
1t according to his Y 'experience, education, and training. The
compensation shall be agreed upon before appointment with the understanding
that the eouneil l xtx it 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 eoil t , by vote of the majority of
the entire moi} i r t clz. The action of the eetuieil .1 in
suspending or removing the City Manager shall be final. It is the intention of this
.................
ehaFte 1 to vest all authority and fix all responsibilities of such suspension
or removal in the mila :'> iuz .
10
•
(d) Powers and Duties:
The City Manager shall be the Chief Administrative Officer of the City,
and shall be responsible to the eetxRcjl i for the proper administration
of all the affairs of the City and to that end shall have the power to
required to:_a
(1) Slee that all state laws and City ordinances are effectively enforced..-t
(2) Appoint, suspend or remove all or any one of the directors of
departments, except as otherwise provided in this ehafter- r-
(3) i4 end all meetings of the eeu�l t e.1 except when excused by
tie re , and shall have the right to take part in the
discussions-..'-*..
(4) Prepare the budget annually and submit it to the eeaneil 0g.. %
and be responsible for its administration after its adoption=%
(5) Pprepare and submit to the eouneil a c at the end of the fiscal
year a complete report on the.finances and administrative activities of the
City for the preceding year3
• (6) weep the eeaneila r tzn 1; advised of the financial condition and
future needs of the City and make such recommendations as may seem
to hi advisable;;:
(7) M ake other such reports as the eeuneil may require
:...
....... .......................
concerning the operations of eit3� tdepartments, offices and agencies
........... :::.:::.:
subject to his r 'discretion and supervision= a.tid
(8) Pperform such other duties as may be prescribed by this Charter or
required by the eeanell t WO 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 hisabsence or disability.
Such designation shall be subject to the prior approval by the eaufwil
The Assistant City Manager is authorized to perform the same powers
and duties as the City Manager while he4 acting in i [ a
.:.::.;:.;:.:.;:............... . ..
stead. No member of the eauneil t ca shall serve as Assistant City
Manager. From time to time the City Manager may remove and appoint 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 ehafter
.................
and may be established by ordinance and, excepting as otherwise provided in this k #? ,
these administrative departments shall be under the direction of the City Manager.
The eouneil a € pt shall have power by ordinance to establish administrative
departments or offices not herein provided by this i r. The eouneil t c may
discontinue, redesignate, or combine any of the departments and/or administrative offices. No
changes shall be made by the eounc % in the organization of the administrative
:.;;:.;:.;:. .. .. .
service of the City until the recommendations of the City Manager thereon shall have been heard
by the eouneil C
The head of each 14department shall be a director who shall have supervision and control
over lis Wdepartment. Two or more departments may be headed by the sameindividual 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 Stateof Texas
relative to municipal courts.
(b) The judge of said court shall be appointed by setuil itc # e to serve
at the discretion of the ceanc-ilyj t 1 . Ie shall be an attorney
licensed and practicing in the State € t of Texas and shall receive such salary
as may be fixed,by the ceunEil }? a € .
(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 taw.
(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 site of Texas, who shall be the City Attorney. He li `' t":`is 3=shall receive for
.............:.::.;:. :.;;;;;:;.:;.:;:.;;:.;;:.;::::
12
• his` s servicessuch 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
h # t( with the approval of the City Council, shall represent the City in all
litigation. lie''I ': tCt <shall be the legal advisor of, and attorney and counsel for the
:::;:;::;:::.:::..:..:....................:. Y
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, e -an il(€:::Assistant
City Sem , shall be as follows:
(a) U.0 give notice of eouneil t meetings;
(b) T(o keep the minutes of the proceedings of such meetings;
(c) T.o authenticate by his p ' ex:signature and record in full a book kept and
indexed for the purpose, all ordinances and resolutions; and
(d) Tto perform such other duties as the City Council shall assign to him, and those
elsewhere provided for in this charter-
ARTICLE
aterARTICLE 5
NOMINATIONS AND ELECTIONS
SECTION 5.01 CITY ELECTIONS
(a) Schedule.
The regular City Election will be held annually on the first Saturday in APF4
ea
: :: :: .......
::: ::::::::: : a :
. .:::::::::: ::::::::::�:::::::::: . :
: :a: l::.:: s..........................................
. .:
` The eeuneil shall .
lie
responsible to specify places for holding such election.
(b) Special Elections.
The eeuneil t ' of tztt may, by resolution, order a special election under
conditions specified elsewhere in this iter, or for ordinances, bond
issues, elm ii #e amendments, recall or other purposes deemed appropriate
b eeunEil The eeuneil Qin":> a e will fix time and lace 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
Ta* Assessor-.. !�.11 �..,.: :rrrr.:..... :....:.:
1daarar, shall be maintained est #
y 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 Ci elections shall be governed b the--Co :"'"`' '
City g Y CiRtttof the Sate
Mb" of Texas, general laws of the State 9M, this... ... IlctC and
ordinances of the City, in the order named. Municipal elections shall be
conducted by the election officials appointed or approved by the eilf?
. 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
) >Eligibility to File. Each candidate for an elective e-ioffice shall meet the
following qualifications:
• 1`€ ;Slll be a registered voter of the Cit ,
11 have resided for at least twelve (12) months preceding the election
within the corporate limits of the City, including territory annexed prior
to the filing deadline= M.
(e( };::::::;Shill 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.
�:: :.::::::::::::::::::::::::::::::::::::::.::::::::::::::::::::::::::::::::::::::::::::.::::::::. .::::::: :.
::::::::.:.::::.:>:.:.::.....: .:::.:.;.::::::::.......................................................................................................................................................:.................
(d} 1 „ An incumbent seeking reelection must file for the same position number
presently serving.
(e 'No candidate may file for more than one office or position number per
election.
(t3( No employee of the City shall continue in such position after filing for
• an elective office.
14
all pay a filing fee in the amount of fifty dollars
($50.00)�................. ..
(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 parry designation or symbol, and in the form designed d s7i i t by the
..
.::.::::;:;. ..:...........
candidate. If two or more candidates have the same surname or surnames so
similar as to be likely to cause confusion, their residence addresses shall be
printed with their names on the ballot.
(b) Order of Listing.
The order on the ballot of the names of the candidates shall be determined by lot
in a drawing to be held under the supervision of the City Secretary.
(c) "atee rl O( Ballots.
• Procedures for I :voting by abse„toe ballots shall be consistent with eur-fent
edition of Texas Lleetie Taws
}::;:;:::.:i :.:•:o::!::::;:s:;;:;::?.'.i:<•>:: ::;;::.,.•.::•>:<:+:::;::;:i":.::•::;:
(d) Ballots for Ordinances, Bond Issues, and Charter Amendments.
An ordinance, bond issue or e- ter-ter- 01 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 whole meoxneil a"!
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
.XXX"No" each with a squar which the voter may cast his p ' :vote by
marking a cross (X).
.................
(e) Write-In Votes.
Procedures for write-in votes shall be consistent with eurr-epA edition of Texas
Eleefieft Laws.
•
15
• SECTION 5.04 CANVASSING
The r-etaffis sipal election i, 11 1, delivered From the el t' judges t the
-e .•et..y ..t City Hall not of later- than twelve (12)'hours-after-the-elosing of the polus. One
ext, shall be delivered for- the A4ayer- t t t The eo�il i ��:.:"�t�iit�ctt 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 eouneil 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 candidatefor 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 not less dim to„ X10) nor e than twenty e (21) .lays following-the
:..x>::..... ...... �d�.Me>idd.
.................................................................
ARTICLE 6
RECALL OF OFFICERS
SECTION 6.01 SCOPE OF RECALL
Any elected eity 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 Tas8esso calle to_r- tet �i.t.A'.d a���aC�r Each signer of such
recall petition shall personally sign his tl a <:.Own name thereto in ink or indelible pencil, and shall
write after his € t':i:name h : place of residence, giving name of street and number
place of reside ee, and shall also write thereon the day, the month and year W&Wignature
was affixed. Such petition shall contain a generalstatement 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 �3r":€h ':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 r':':: S"is 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 , 41
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 ar-tieleimay 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 Y31< ..4nd Reed 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 eouneiiQ ff 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 himr
( C ':to present facts pertinent to the charges specified in the recall petition. In this event, the
City Council shall order such public hearing to be held, not less than five (5) days nor more than
fifteen (15) days after receiving such request for a public hearing.
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 fwe (25) or- fnar-e.than thirty five (35) days from t e
hearing,date sueh pefifien was presented to the City Couneil, or- from the date of the public;
Mm
one was held.0
.......................................X................................................................:..:...:.::
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 officez (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 t `se'shall continue in office for the remainder of his unexpired
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 .. shall, regardless of any technical defects in
the recall petition, be deemed removed from.office and the vacancy shall be filled as vacancies
in the City Council are filled.
In no instance shall an officer(s) removed from office by recall election succeed himself
a l ,,
, nor shall his or their names � ���¥���'� :,::app ear on a ballot for
.....
elective office of the City �d Re within a period of two (2) years following the date of
the election at which he o" they •• :removed from office.
SECTION 6.11 RECALL; RESTRICTIONS THEREON
No recall petition shall be filed against any officer of the City efReeed Reef within six
t:.::.;:
(6) months after his :;: e ;selection 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 t order such recall election, or ;'discharge
any other duties imposed upon said City Council by the provisions of this Charter with reference
to such recall, then the CountyJude of Williamson County, Texas, t r Y l` ti'°'"' '".t
:::::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
eexmlW: M1., except ordinances appropriating money or levying of taxes,
or applicable to zoning, not in conflict with this Charter, the &ate t to
Constitution, or the Sate �(.1% laws; and, if the eouneil 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 eeeil �ocal of any adopted ordinance and, if the eeuneil ?
ct 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.
J
(Charter amendment approved by voters November 6, 1979)
SECTION 7.02 COMMENCEMENT OF PROCEEDINGS;
PETITIONERS' COMMITTEE; AFFIDAVIT
Any five (5) qualified voters 0 ':' t may commence initiative or referendum
proceedings by filing with the City Secretary an affidavit stating 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- irAelible
.............................
pene4and shall be followed by l ti3 'splace 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 hepersonally circulated the paper, the
number of signatures thereon, that all the signatures were affixed in histe
c r t r <presence, that heh'. 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 #ft330} days after issuance of the
appropriate blanks for reconsideration of any ordinance adopted by the eeaneil I
AtaiI. Initiative petitions must be filed within thirty t)=;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 eeaneil 1 ? t E113G by the next
. .. .................
regular eenxeilmeeting 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 eouncilr 111 ; review under subsections (d) and (e)
.::::::........................
of this section within the time required, the City Secretary shall present a
certificate to the eeuxsil t l t by the next regular eeuneil 1;
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 receivingthe co of such certificate file a
PY certificate,
-file
that it be reviewed by the eek;»>. ca . The eeunEil ti
shall review the certificate at its next regular meeting following the filing of such
request and approve or disapprove it, and the eeuuc `•. iD pG '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 certificate, and files a complimentary petition with additional
names witl 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 ended 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 Wcouncil repeals
the ordinance or the ordinance is upheld by election.
SECTION 7.06 ACTION ON PETITIONS
(a) Action by eouneil
Within sixty (60) days after the date the initiative or referendum petition has been
...............................
finally determined sufficient, the eeuneil .' C tilri i shall:
(1) A#dopt a proposed initiative ordinance without any change in substance;
or
23
•
(2) repeal a referred ordinance; or
(3) Gull an election on the proposed or referred ordinance as specified in
Section 7.06(b).
(b) Submission to Voters.
The vote of the eee`:mon a proposed or referred ordinance shall be held
no more than sixty (60) days frafn the date ealled by the eounei
mat al u tfarm lecttQ� ataS ..r..x.e.....t
r ON:
l dmr-less than d4ty (30) days after- the--f-M—al r0euneil e-*,4W:: W44MU
01
..
u d by tali 1� u. Said called election may
:.
coincide with a regular City election should such City election fall with 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.
The person performing the duties of City Secretary shall publish at least once in
• the official newspaper of the City the proposed or referred ordinance within
fifteen (15) days of the election, and shall give such other notices and do such
other things relative to such election as are required in general municipal
elections or by the ordinance calling said election.
(d) ztrwaleta
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 eouneil
>` til. 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 eexneil €f?
uc 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 eeuneil
...................
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 ester- �, shall be in such form as
X 94 may
the manager- ms desirable or the email ee
y
.... ...I.
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
.11 .... .. ...............'::deems eems desirable. The budget shall
other material as the manager-
W
A XXX
begin with a clear general summary of its contents-, #Kshall 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) :1.1-n itemized estimate of the expense of conducting each department,
dlvision;: and office-4:
(2) Rfeasons for proposed increases or decreases.. of such items of
expenditure compared with the current fiscal year-.-?*.:
(3) A separate schedule for each department, indicating tasks to be
accomplished by the department during the year, and additional
desirable tasks to be accomplished.'.. if possible-.,
(4) -A: statement of the total probable income of the City fef Maxes for
the period covered by the estimate-'.,'::
(5) T ax levies, rates, and collections for the preceding five years
(6) A:n itemization of all anticipated revenue from sources other than the tax
• levy-1.4,:
26
•
(7) Tthe amount required for interest on the City's debts, for sinking
fund and for maturing serial bonds-
(8) Ttlie total amount of outstanding City debts, with a schedule of
maturities on bond issue-;
(1 ) A; nticipated 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 k.
(1- ) z4 Capitalt`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:
a ' z4 summary of proposed programs;
...............
.............. ..
b-1 '<> list of all capital improvements which are proposed to be
undertaken during the five
,:,::,fiscal next ensuing, with
appropriate supporting information as to the necessity for such
improvements;
ost estimates, methodof financing and recommended
time schedules for each such improvement; and
.............. ..
d- he estimated annual cost of operating and maintaining
the facilities to be constructed or acquired .
(Sq) S such other information as may be required by the eeuneil
(b) Submission.
On or before the first day of August of each year, the mana w: t ':.
..
shall submit to the eouneil .' a proposed budget and an accompanying
message. The eeunc� t `; t shall review the proposed budget and wised
§90l:.;:.:.:;.:..:.:.:<:.:.:.:.;:.:.;:::.;::.:: :.:.....................
as deemed appropriate prior to general circulation for public hearing.
.............. : .....
............................
(c) Public Notice and Hearing.
The eeuneilG rj ] shall post in the City Hall and publish in the official
.::::::.....................::
newspaper a general summary of t tproposed budget and a notice stating:
(1) Tthe times and places where copies of the message and budget are
available for inspection by the public; and
(2) the time and place, not less than two : }`::weeks after such publication,
for a public hearing on the budget.
27
• (d) Amendment Before Adoption.
After the hearing, the eouneil 1 cl 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 twenty seveB Az day of
the last month of the fiscal year. Adoption of the budget shall constitute"a levy
of the property tax therein proposed. Should the eouneil to e 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 eeuneil
X.
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 obligatedcIf#( incurred against any allotment
or appropriation except in accordance with appropriations duly made and unless
................................
the nger1 `lege or l 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 merry 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 l}etf ' x``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 alt ` a shall submit to the eeunEil £ iq.1 at its first
.................
........
• €onnal re I rneetmg 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 sei1 t? or I 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
eaufleil t3 Ir t l 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 twe-and one half per- eentufn (2 of tar. lev-y feth
-
fiseal-yeas trQt' > `: teavV
.............................................
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 seueltvt 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 eauneil t tffiI 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 eeuxc-il i t........... 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 eeel 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�d-Reed 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.
TheEetmcil fyinc% 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 &te t 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 jo 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
Constitutiei} S t and laws of the State MW 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
SCC 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 City
ss whieh offlee shall be filled by appointment by the
::::;::.:;7;::;x;:;::::;::5'::;5':>::{::�.:T;R::::::::::•:;::: Assessor- /'�..tto..*,,.. :::�::.:::;::::;;:;-;:>::i:::;F<::';.;:::4::::;:::>;:;::;>'•:;:
City ir:::: i: tcr::: f::: nane. The3recr::: ::: t >;shall give a
suretybond for faithful performance of his "':>>'":`"»::duties ncludn.....c..........1'...... 1
p ox:.. e »,. g omp lance'with al
. controlling provisions of the State .a L bearing upon the functions of lima jWffice,
in a.sum which shall be fixed by the City Council at not less than five thousand dollars
31
I
($5 <:::NtvlChttldrr ;:...:.. .::::,::.:...;.;..:.:....:
000.00.) .;:.;:.:.:;.;:.::;;>;>:::.;:.;::.;:.;:.;:::,.g::::::::::;ipegsgx.;: ? ty.;; clI._m ..;;; rr :.:; Ji:.;a :;.atd�
::::::::::::::::::::::::::'S:•i'lti4i}iii}}}ilii::•viii:;ti�:•iiiiy%:?4::•�.�::::.:::::::::::::.:::isi•i:•iiiiii?:ii'.ii}i::{{.:nii':::.iiiii
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_ t 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 of R rand Reek on January 1 of each year, not expressly exempted by law, shall be subject
to taxation by the City of Raupdfor such year. The mode and
manner of making renditions, tax lists, assessments, and tax rolls all
_ _ _ 1........:.............. ......................
property
igii, the ]}yaks of
«� ) shall, between . ' andApril each yea,filewith s«�1T�II'Tthe City
TaK !fir aqr A:: .7 !'� 11 « 11 .1 eemY ,i, �.,,,7 1swer-H .,
« J' _ o «,.-,. ,.: f ,..1, ., .. ..
e «., held, ,
er •erica •i«nal"riri-said liwAts on jan1ary9feaEh year--The-eauix^cil may pr-eser-ibe by
nrdinanee the made and mamer- of.. aka sueh inventer-ies, and penalties for fail:.,.. or- ,.ef.,si .
to submit the same. The City Tax Assessor-and Golleetor sha4l review all renditions made to
axe deter.. iae the value of thepr-eperty-rendered-and ix the value thereof for- tar. o
the Assessor-f Kes ., value higher- than«h.,« sworn ., the owner's ndit:.,., h ..h 11 give wr-k4e
„„«;,.e thereof to sueh owner at his-last known address by-depositing thesame, postage paid, ;
the L4&ed Staes mail, nefib4ag him of sueh ehange and a&ising him that he may appear- before
the Board of E"alizatien to pr-etee4 sueh ehange. in all eases whete no rendition of real or-
perse��1 „ ep made by owner- eef, the Assessor- a Cel e�e��l
Y" �"'i P ep�� 7-`lig- , �c� ima- ac
aseeftain the amount and value of sueh property and assess the same, and such assessmei4 shall
be as valid and binding as ifwelved had been rendered by lush a er-, provided-
that
provided.
pEeviet ised, or- if he sh.all assess any sue-h property at a higher- valuation-ff offil that
assessment, as above
All assessments of r-ea4 pi r-ender-ed by the awner- or- assessed by the City
Tax Assessor-and fleeter-, sha4l list the value. �-_;la—nd- -And- ifnpr-evemeRts separately and the total
values and deser-ibe so& pfaper-�y suffleientil to identify it, giving the name of the last owner-
tl}eree . if the owner-ship of a r—E-A, should be unknown to the City Tax Assessor- an
Callee-ter-, he shall state 0hat faiet'i The City Tax Assessor afid Gelleeter- shall assess all pr-epeFty
wMeh has been emiaed fEem assessfnepA in prior- years upon a eurrr-epA supplemental assessment
r-ell. The taxes upon such supplemeRtal assessfnepAs shall be due and at onee and if not paid
widiin sWy (60) days thereafter-, shall be deemed delinquent and sha4l be subjea to the pen*V
and h4efest as etheF delinquent taxes for- sueh year-. In addifien to the powers gr-ante I , - i
seaion• '
he shall have the same power- as County Tax Assessor- and Gelleeter-S i-;-;- TH-4-01-3 t-A- F&*e
reassessments, all at the same value and ta*rates as such pr-epeFty should have been assessed and
taxes fef past years and indieating the year- far- whie-h it is assess ,
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
efflee of the City Assessor- Galleeter- and may be paid at any time after the tax rolls for the year
have been completed and approved, which shall be not later than October 1. Taxes shall be paid
before February 1, and all such taxes not paid prior to such date shall be deemed delinquent, and
shall be subject to such penalty and.interest as the City Cou veil may provide by or-d e
... :.
'tdet13:"`: E # f1 . The Cit Council may provide Y Y P v de further by ordinance that all
taxes, either current or delinquent, due the City ef Round Remay 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
nex tesideme M. l . 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 T^. Assessor-aiid Gehl^*^- 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-- an&Collector at any time before April 1 of
each year a written description of any parcel of land in which he as an interest less
than the whole, showing the amount of leis ffti npg.interest therein,.and the Assesser-aed
'...!!may thereupon assess such interest as a separate parcel.
The City Tax Assessodand 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 I Assessor-an&lCollector 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 eeteilt
.......... ....
ztc 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 xt Tax Assessor? §ltft ' —Board of Equalization-,-and-T-ax
Eellee4eshall 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-Ro , none of whom shall
be employees, officers, or members of the eouneil xt UN of the City. The
.:::::.........:......;;..:..:.
members of the Board of Equalization shall be appointed by majority vote of the
ee el iffl and shall serve for two (2) year terms. The appointments
shall be made at the second regular meeting of the eeuneil O in May
of each year.
At the first meeting of the eauneil t}? u held after the decision to act
under Section 10.08(b) of this � r r, the eeuneil it ' (uit %I 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 eeuneil >' 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 D appoints such Board, ii 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 ` Assessorl- 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 eouneil pity. t? c%1 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 k 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 &ate of Texas.
34
• (d) Powers and Duties.
The Board of Equalization shall have thep ower and it shall be its duty � :
(1) Te elect a Chairman from its membership who shall preside at all
meetings of the Board
(2) 4�e adopt regulations regarding the procedure of assessment review-.";'
(3) Te, after its first meeting, adjourn and reconvene as necessary to
perform its duties;;:
(4) Ta review, on complaint of property owners, assessments made
by the 'Tax AssessorlCollector for the purpose of taxation of both
real and personal property within the City_."
(5) Te hold hearings, administer oaths and take testimony:;:
(6) To compel the production of all books, documents and other papers
pertinent to the investigation of taxable values of any person, firm or
corporation having or owning property within the corporate limits of the
City subject to taxation and to punish for contempt as provided by
ordinance-
(7) To correct any errors that my appear on the City
AssessorlCollector's lists or books
(8) Te examine, and if necessary, revise the assessments as presented by the
ty:: Tax Assessorlafl&Collector to the end that all property within the
City shall be assessed so fairly and uniformly as possible-:
(9) )Av'vhenever the Board shall find it their duty to raise the value of any
property appearing on the lists or books of the `:::: aC'aAssessor-ate
ZCollector, 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
(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 eeunell actC fail
.::::::.......:..::.......::...
to certify and adopt the tax rolls at the eeuneil meeting where such
tax rolls are submitted, same shall be deemed to have been finally certified and
adopted by the ce$nEiliatril and same shall be and become the valid tax
rolls of the City. The t}F'Tax Assessor-ate-.Collector 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 Constitutieu
tx3 and laws of the ,gt-ate of Texas.
SECTION 11.02 FRANCHISE; POWER OF COUNCIL '
The %I 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 Round Reek, 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 eeuneil
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 ( :
(a) Te 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) Te 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 She ##I 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-4
(f) Te impose such reasonable regulations and restrictions as may be deemed
desirable or conducive to the safety, welfare and accommodation of the public
(g) @procedural rules and regulations dealing with public utilities :,::shall
conform to the requirements of the appropriate e tate, 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
i omor in any franchise granted thereunder shall ever be construed to deprive an
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 an extension shall g y 1 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 eeufleil
....
c
....................... .
it + 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 Sate Mate of Texas.
• SECTION 11.08 FRANCHISE RECORDS
Within six : 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 e-har-ter- ate , 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 Roue n , including any person,
business or corporation.providing cable television or community antenna television services.
•
38
i
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 te constitution and laws of this Statetit .
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-l".
(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:Y': p
(3) &ball not be in arrears in the payment of any taxes or other liabilities due
the City. "In arrears" is defined herein to mean that payment has not
been received within ninety (90) days from due date.
(b) In addition to any other qualifications prescribed by law, each member of the
Planning and Zoning Commission shall continue to meet the conditions of Section
12.02 while in office.
(Charter amendment approved by voters November 6, 1979)
•
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• 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) B0 e responsible to and act as an advisory body to the eenneil :��:: a :
(2) Recommend to the City Council for its action an official zoning map and
recommend any changes to the map-
(3) Study plats and plans of proposed subdivisions and insure that all plats and plans
conform to the City's subdivision and development ordinances_.,
• (4) annually recommend a e5}year Capital Improvement Program to the City
Council;;
(5) 24nnually recommend an annexation plan to the City Council
(6) A' nually review the General Plan for the City and recommend to the eeaneil
t : z any changes:as
(7) P3erform 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 a z x z X t all reasonable times, provided that records closed to the
............::.....:.......:
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40
• public by law, shall not be considered public records for the purpose of this section. During
normal office hours, any eitizen of jjor 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 or by this Charter.
SECTION 13.02 OFFICIAL NEWSPAPER
The eaeil :::: shall contract annually with, and by resolution designate, a
public newspaper of general circulation in the City as official ergthereof, 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 Eeiistienq ( (uq :and/or laws of the State W 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 Ar-tiele 2529^ of t' a r-evi oa
Civil Statates of TexasTex.:;: A :;;Gc ;:f:: de::::A3 ;::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 hisxoffice or position. Any
.................
................
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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
41
• officers or agents shall be required to answer an such writ of garnishment on an account
Y g Y
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 eauneilshall 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 Isis
xX£ aA31' behalf shall give the City Manager or the City Secretary notice in writing
Eer €ie� tctt `'within 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 Constitxtio e? (t#t?l ?::ands Iasi#of the Sate state 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 eit y
ositions or
appointive city t ':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 e-ity1' administrative office shall directly or
indirectly give, render or pay any money, service or other valuable thing
to any person for or in connection with his N:.:test, appointment,
proposed appointment, promotion or proposed promotion.
(3) No ek-y %s Officer or candidate for e-i� `office shall orally, by
letter or otherwise solicit or assist in soliciting any assessment,
subscription or contribution for any candidate or for any political party
• or political purpose whatever from any person holding any compensated
e-ity: position.
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•
(4) No appeipAed officer or employee of the eity who receives
compensation as such shall make, solicit or receive any contribution to
the campaign funds of any candidate or of any political party to be used
in a eity election or for or against any candidate for 64-Y office
... ......
............
or take any part in the management, affairs or political campaign of any
P party in a eity lection, but he
may exercise his 0rights as a citizen to express h6 opinions and to cast
hisNothing 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'" tlll <or 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
is an officer or employee of the City at the time of such
. .............
:.#*hall immediately forfeit the office or position he
violation, O.T.' ONrr
holds.
SECTION 13.09 SEPARABILITY
• If any section or part of a section of this Chapter-
t.";is held to be invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not invalidate or impair
the validity, force or effect of any other section or part of a section of this Charter.
SECTION 13.10 SUBMISSION OF CHARTER TO VOTERS
The Charter Commission in preparing this ehafter- C---.'h*�':*M:*:':'.'.':W':':': concludes that it is
...........
"
impracticable to segregate each subject so as to permit a vote of"yesor "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 of Round Reek 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 Ree 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 famish 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&atef
o 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
Amendments to this Charter may be framed and submitted to the voters of the City in the
manner provided by Chapter-13 of Title 28 of the Civil Stattttes-of Tev�T,-as-new
or- her--after- o..aetea »��t�::::t:::C�d�::::c��tt::>::>Iw a .te�:::�>::>a�:::�m�xYded�:
SECTION 13.12 CHARTER REVIEW COMMISSION
Thesett it j > . shall appoint at its first regular meeting of 1979 and not later
.... ..............::.::..:. :.:::......
than every fourth year thereafter, a Charter Ri? v':Commission of seven (7) citizens of the City
of Round Roe&
(Charter amendment approved by voters November 6, 1979)
a teuties of the aRze €Commission ar <€ :
( )
(1) Inquire into the operation of the City Government under the Charter
provisions and determine whether any such provisions require revision.
To this end public hearings may be held; and the Commission shall have
the power to compel the attendance of any officer or employee of the
City and require the submission of any of the City records which it may
deem necessary to the conduct of such hearing
• (2) 9 ropose any recommendations it may deem desirable to insure
compliance with the provisions of the Charter by the several departments
of the City government;;:
(3) P ropose, if it deems desirable, amendments to this ehaiteto
improve the effective application of the Charter to current conditions "
(4) Rxeport its finding and present its proposed amendments, if any,
to the setts it r:: �I
(b) Action by the eouneil WNW-
..
The seeil %y # shall receive and have published in the desigmted
;:...................:....
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
28 of the Re{used-Eivil........................
:; �StattAes-c Texas, now a�erea#'te��ended
............ vt:>G : :tear:> :::::a :>aarerzce .
..............................::>:.:::
;�::: ..................................................
(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.
44
• 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 eouneil ?' 3y t G 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
• "Ec" of this Section.
45
•
(b) Upon the adoption of this Charter, the present members of the e8uneil G...
y
filling elective offices will continue to fill those offices for the terms. i... ............... .-
which ey 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,
bi""""" t
appoint one additional Couneilmano.... % 0 serve for a term to
coincide with the term of the EeuezUrs 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 Reund Reek 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 aret 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, hed"
continue
in such office of position until adoption of some specific provision under this
Charter directing that he acate 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 eauneil
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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