Loading...
HomeMy WebLinkAboutCharter Article I Powers of the City Section 1.01. Powers of the City The City shall have all powers possible for a city to have under the constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter. Section 1.02. Constructiom The powers of the City under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this charter or by the State. Section 1.03. Intergovernmental Relations. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or any state civil division or agency, or the United States or any of its agencies. Section 1.04. Corporate Name. All inhabitants of the City of Plainview, Hale County, Texas, within the corporate limits, shall constitute a body politic, incorporated under the laws of the State of Texas, and to be known by the name and designation of the "City of Plainview" with all rights, powers, privileges, immunities, and duties herein granted and defined, and as may be provided by any amendments of the Charter of the City of Plainview. Article II CITY COUNCIL Section 2.01. Powers and Duties. a. All powers of the City shall be vested in the mayor and city council except as otherwise provided by law or this charter and the mayor and city council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. b. Directors will be reviewed by the Mayor and City Council every two years for job performance from the date of their original appointment. Section 2.02, Composition, Eligibility, Election and Terms. (a) Composition. There shall be a city council composed of the mayor and seven (7) members. One council member shall be elected by the voters in each of seven (7) council districts. The mayor shall be elected at-large. (b) Eligibility. Only those citizens who are eligible to become registered voters of the City shall be eligible to hold the office of councilmember or mayor. Councilmembers and the mayor shall have resided within the City for one year; Councilmembers shall have resided within the district from which said councilmember is to be elected for at least six (6) months; and not have served more than two (2) consecutive full terms, immediately preceding the year in which elective office is sought. In the event a boundary change, caused by redistricting of the boundaries within the city limits, results in a potential councilmember failing to reside in the district for the required six months, he/she will be allowed to run for election in the current district in which he/she resides, provided~all other eligibility requirements are met. Additionally, should a boundary change result in an incumbent councilmember failing to reside in the district from which he/she was elected, he/she shall serve the remainder of the term for the district from which he/she was elected. At the next regular election, he/she will required to run for election from the newly determined district, if they wish to continue to serve on the city council. (c) Election and Terms of Councilmembers. The regular election of Councilmembers shall be held on the first uniform election date in May in each even- numbered year in the manner provided by law. At the first regular election under this charter, in 1996, Councilmembers from council districts five, six and seven shall be elected, and shall serve for terms of four (4) years. At the second regular election under this charter, in 1998, Councilmembers from council districts one, two, three and four shall be elected, and shall serve for terms of four (4) years. Thereafter, all Councilmembers shall serve for terms of four (4) years. Section 2.03. Mayor The regular election of mayor shall be held at the second regular election under this charter, in 1998, and shall be at-large. The mayor shall serve for a term of two (2) years. Effective with the 2000 elections the mayor, thereafter, shall serve for a term of four (4) years; and not have served more than two (2) consecutive full terms immediately preceding the year in which elective office is sought. The mayor shall be a member of the city council, shall have the power to vote and shall preside at meetings of the council, represent the city in intergovernmental relationships, present an annual state of the city message, and perform other duties specified by the council. The mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. The council shall, at the first regular meeting following the regular scheduled election for council, elect from among its members a mayor-pro tempore who shall act as mayor during the absence or disability of the mayor and, if a vacancy occurs, shall become mayor until a new mayor is elected. Section 2.04. Compensation; Expenses. The mayor and city council may determine the annual salary of the mayor and CounCilmembers by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of Councilmembers elected at the next regular election. The mayor and Councilmembers shall receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05. Prohibitions. (a) Holding Other Office. Neither the Mayor or councilmember shall hold any other city office or employment during the term for which the member was elected to the council. No former mayor or councilmember shall hold any compensated appointive office or employment with the City until one year after the expiration of the term for which the member was elected to the council. Nothing in this section shall be construed to prohibit the council from selecting any current or former mayor or councilmember to represent the city on the governing board of any regional or other intergovernmental agency. (b) Appointments and Removals. Neither the mayor or city council members shall in any manner control or demand the appointment or removal of any administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the council may express its views and fully and free[Ydiscuss with the city manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquiries and investigations Under ~) 2.09, the mayor and Councilmembers shall deal with the City officers and employees who are subject to the direction and supervision of the city manager sOlely through the city manager, and neither the mayor or councilmembers shall give orders to any such officer or employee, either publicly or privately. Section 2.06. Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of mayor or councilmember shall become vacant upon the member's death, resignation, removal from office or forfeiture of office in any manner authorized by law. (b) Forfeiture of Office. A councilmember, including the mayor, shall forfeit that office if the councilmember during the term of office for which elected: (1) lacks at any time any qualification for the office prescribed by this charter or by law. (2) violates any express prohibition of this charter. (3) is convicted of a crime involving moral turpitude; A moral turpitude is defined as an act of baseness, vileness or depravity in the private and social duties which human beings owe their fellow human beings or to society in general, contrary to the accepted and customary rule of right and duty between human beings. (4) fails to attend three consecutive regular meetings of the council without being excused by the council. The above list is not to be construed as being all-inclusive. (c) Filling Vacancies. ^ vacancy in the City Council, including the Mayor, shall not be filled by appointment, but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred twenty (120) days after such vacancy occurs. Vacancies filled by special elections shall be for the remainder of the term. Section 2.07. Judge of Qualifications. The mayor and city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office. The mayor and council shall have the power to set additional standards of conduct for its members, by ordinance, beyond those specified in the charter and may provide for such penalties as it deems appropriate, including forfeiture of office. In order to exercise these powers, the council shall have the power to subpoena witnesses, administer oaths, and require production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Decisions made by the council under this section shall be subject to judicial review. Section 2.08. City Secretary. The city secretary shall give notice of council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned by this charter or by the council or by the city manager or by state law. Section 2.09. Investigations. The city council may make an investigation into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the council shall be a class C misdemeanor. Section 2.10. Independent Audit. The mayor and city council shall provide for an independent annual audit of all City accounts and may provide for more frequent audits as it deems necessary, such audits shall be made by a certified public accountant or firm in accordance with generally accepted governmental accounting principals and generally accepted governmental auditing standards of such accountants. The mayor and council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding five (5) years, but designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section. 4 Section 2.11. Procedure (a) Meetings. The mayor and council will meet regularly at least once in every month at such times and places as the council may prescribe by resolution. Special meetings may be held on the call of the mayor or of three (3) or more members. Except as allowed by state law, all meetings shall be public. (b) Rules and Journal. The city council will determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. (c) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Five (5) members of the council shall constitute a quorum. No action of the council, except as otherwise provided in this charter or state law, shall be valid or binding unless adopted by a majority of those council members present and voting. Section 2.12. Action Requiring an Ordinance. In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city council shall be by ordinance which: (1) Adopt or amend an administrative code or establish, alter, or abolish any city department, office or agency. (2) Provide for a fine or other penalty or establish a rule of regulation for violation of which a fine or other penalty is imposed. (3) Levy taxes. (4) Grant, renew, or extend a franchise. (5) Regulate the rate charged for its services by a public utility. (6) Authorize the borrowing of money. (7) Convey or lease or authorize the conveyance or lease of any lands of the city. (8) Regulate land use and development; and (9) Amend or repeal any ordinance previously adopted. (10) Set the rate for services, fees or licenses provided by the City. Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution or by motion. Section 2.13. Ordinances in General. (a) Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. which shall Any ordinance which repeals or amends an existing ordinance or part of the city code shall set out in full the ordinance, sections, or subsections to be repealed or amended, and shall indicate matters to be omitted by enclosing in brackets or by strike out type and shall indicate new matters by underscoring or by italics, or some other method. 5 (b) Procedure. An ordinance may be introduced by any member at a regular or special meeting of the council. An ordinance can not be acted upon at the meeting it is introduced, unless an emergency exists. Upon introduction of any ordinance, the city secretary shall (1) distribute a copy to each councilmember and to the city manager (2) file a reasonable number of copies in the office of the city secretary and such other public places as the council may designate. The council may adopt the ordinance with or without amendment or reject it, but if it is amended as to any matter of substance, the council shall not adopt it until the ordinance or its amended section(s) have been subjected to all the procedures herein before required in the case of a newly introduced ordinance. As soon as practicable after adoption, the city secretary shall have the ordinance and a notice of its adoption published, if required by this charter, state law or the ordinance, and made available to the public at a reasonable price. (c) Effective Date. Except as otherwise provided in the ordinance, state law or this charter, every adopted ordinance shall become effective immediately after its adoption by the city council. All ordinances, resolutions, rules and regulations now in force in the City, and not in conflict herewith, shall remain in force under this Charter until altered, amended or repealed by the city council, after this charter shall take effect. (d) "Publish" Defined. As used in this section, the term "publish" means to print in one or more newspapers of general circulation in the city: (1) The ordinance or a brief summary thereof.or a caption thereof, and (2) the places where copies of it have been filed and the times when they are available for public inspection and purchase at a reasonable price. Section 2.14. Emergency Ordinances. To meet a public emergency affecting life, health, property or the public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided in ~ 5.07(b). An emergency ordinance shall be introduced in the form and manner presCribed for ordinances generally except that it shall be plainly designated 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. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced pursuant to Section 2.11 of this Chapter, except that an affirmative vote of the greater of four (4) members or a majority of those present and voting shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to ~5.07(b) shall automatically stand repealed as of the 61 st day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a re pealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.15. Code of Technical Regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of 32.13 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance, and (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city secretary pursuant to 32.16(a). Copies of any adopted code of technical regulations shall be made available by the city secretary for distribution or for purchase at actual cost to the City. Section 2.16. Authentication and Recording; Codification; Printing. (a) Authentication and Recording. The city secretary shall authenticate by signing and shall record in full in a properly indexed book kept for the purpose, all ordinances and resolutions adopted by the city council. (b) Codification. Within three years after adoption of this charter and at least every five years thereafter, the city council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be printed promptly in bound or loose leaf form, together with this charter and any amendments thereto, pertinent provisions of the constitution and other laws of the State of Texas, and such code of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as "The Code of the City of Plainview, Texas." Copies of the code shall be furnished to city officers, placed in libraries and public offices for free public reference and made available for purchase by the public at actual cost to the City. (c) Printing of Ordinances and Resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances, resolutions, and charter amendments shall be distributed or sold to the public at actual cost to the City. Following publication of the first Code of the City of Plainview, Texas and at all times thereafter, the ordinances, resolutions, and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the con stitution 7 and other laws of the State of Texas, or the codes of technical regulations and other rules and regulations included in the code. Section 2.t7. Training. The city council, by ordinance, shall establish minimum training and continuing education requirements for city council, and shall establish penalties for not complying with those requirements, including removal from office. Article III CITY MANAGER Section 3.0'1. Appointment and Qualifications. The Mayor and City Council by five (5) affirmative votes shall appoint a city manager for an indefinite term and fix the manger's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications. The manager need not be a resident of the city or state at the time of appointment, but must secure and maintain permanent residency within the City within six (6),months of his/her initial employment. Failure to comply with residency requirement will result in termination without severance pay. The City Council may offer a contract to the City Manager, but said contract shall never exceed three (3) years. Section 3.02. Removal. The city manager may be suspended by a resolution approved by five (5) affirmative votes of the Mayor and City Council which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager. The city manager shall have fifteen (15) days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten (10) days nor later than fifteen (15) days after such hearing is requested. After the public hearing, if requested, and after full consideration, the city council by a majority vote of its total membership may adopt a final resolution of removal. The city manager shall continue to receive full salary until the effective date of a final resolution of removal. The City Manager is an at-will employee. Section 3.03. Acting City Manager. By letter filed with the city secretary, the mayor and city council Shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the manager's temporary absence or disability. The mayor and city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager returns. Section 3.04. Powers and Duties of the City Manager. 8 The city manager shall be the chief administrative officer of the city, responsible to the Council for the administration of all city affairs placed in the manager's charge by or under this charter. The city manager shall: (1) Appoint and, when necessary for the good of the service, suspend or remove all city employees and appointive administrative officers provided for by or under this charter, except as otherwise provided for by law, this charter or personnel rules adopted pursuant to this charter. Director appointments shall be approved by the city council before said director assumes his/her official duties. The city manager may authorize any administrative officer subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings. The city manager shall have the right to take part in discussion but shall not have a vote; (4) See that all laws, provisions of this charter and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Submit the initial annual budget and capital program to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city; (9) Make recommendations to the city council concerning the affairs of the city; (10) Provide staff support services for the mayor and councilmembers; and (11 ) Perform such other duties as are specified in this charter or may be required by the city council. Article IV DEPARTMENTS, OFFICES, AND AGENCIES Section 4.01. General Provisions. (a) Creation of Departments. The city council may establish city departments, offices, or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices, and agencies, except that no function assigned by this charter to a particular department, office or agency may be discontinued or, unless this charter specifically so provides, assigned to any other. (b) Direction by City Manager. All departments, offices, and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of the city council, the city manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them. Section 4.02. Personnel System. (a) At-will employer. The City of Plainview is an at-will employer. (b) Personnel policies. The city manager shall approve,'and amend from time to time, the personnel policies of the city. Section 4.03. Legal Officer. There shall be a legal officer of the city appointed by the city council. The legal officer shall serve as chief legal advisor to the council, the city manager, and all city departments, offices, and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by the charter or by ordinance. For the purposes of this charter a legal officer is defined as an attorney who has been duly licensed to practice law within the State of Texas whose title may be city counselor, city attorney, corporation counsel, or municipal attorney. The legal officer is an at will employee of the city council. Section 4.04, Municipal Court A municipal court judge shall be appointed by the city manager, subject to the approval of the city council, to serve a term of two years, but subject to removal by the city manager at any time. Article V FINANCIAL PROCEDURES Section 5.01. Fiscal Year. The fiscal year of the city shall begin on the first day of October and end on the last day of September. Section 5.02. Submission of Initial Budget and Budget Message. On or before the first day of July of each year, the city manager shall submit to the city council an initial budget for the ensuing fiscal year and an accompanying message. Section 5.03. Budget Message. The city manager's message shall explain the budget both in fiscal terms and in terms of the work programs. 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 together with the reasons for such changes, summarize the city's debt 10 position and include such other material as the city manager deems desirable. Section 5.04. Budget. The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the city manager deems desirable or the city council may require. The budget shall begin with a clear, general summary of its contents, shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year, and 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. It shall indicate in separate sections: (1) The proposed goals and objectives and expenditures for current operations during the ensuing fiscal year, detailed for each fund by organizational unit, and program, purpose, or activity, and the method of financing such expenditures. (2) Proposed capital expenditures during the ensuing fiscal year, detailed for each fund by organizational unit when practicable, and the proposed method of financing each such capital expenditure; and (3) The anticipated income and expense and profit and loss for the ensuing year for each utility or other enterprise fund operated by the city. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance, exclusive of reserves. Section 5.05. City Council Action on Budget. (a) Notice and Hearing. The city council shall publish in one or more newspapers of general circulation in the city the general summary of the budget and a notice stating: (1) The times and places where copies of the message and budget are available for inspection by the public; and (2) The time and place, not less than two weeks after such publication, for a public hearing on the budget. (b) Amendment Before Adoption. After public hearing, the city council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs and amounts, except expenditures required by law or for debt service or for an estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than total estimated income plus carried forward fund balance, exclusive of reserves. (c) Adoption. The city council shall adopt the budget on or before the last day of the month of the fiscal year currently ending. If it fails to adopt the budget by this date, the budget proposed by the city manager shall go into effect. 11 Section 5.06. Appropriation and Revenue Ordinances. To implement the adopted budget, the city council shall adopt, prior to the beginning of the ensuing fiscal year: (a) an appropriation ordinance making appropriations by department or major organizational unit and authorizing a single appropriation for each program. (b) a tax levy ordinance authorizing the property tax levy or levies and setting the tax rate or rates; and (c) any other ordinances required to authorize new revenues or to amend the rates or other features of existing taxes or other revenue sources. Section 5.07. Amendments after Adoption. (a) Supplemental Appropriations. If during the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the city council by ordinance may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property, or the public peace, the city council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provision of ~ 2.11. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the council may, by such emergency ordinance, authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the manager shall report to the city council without delay, indicating the estimated amount of the deficit, any remedial action taken by the manager and recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent or reduce any deficit and, for that purpose, it may by ordinance reduce one or more appropriations. (d) Transfer of Appropriations. At any time during the fiscal year, the city council may by resolution transfer part or all of the unencumbered appropriation balance from one department or major organizational unit to the appropriation for other departments or major organizational units. The manager may transfer part or all of any unencumbered appropriation balances among programs within a department or organizational unit and shall report such transfers to the council in writing in a timely manner. (e) Limitations; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The aggregate debt of the City of Plainview shall not exceed five 12 percent (5%) of the aggregate ad valorem taxable value of the City of Plainview as ascertained by the tax assessor. No issuance of Certificates of Obligation or other debts, however designated, which are payable or guaranteed with tax revenue from any source shall exceed two percent (2%) of the aggregate ad valorem taxable value of the City as ascertained by the tax assessor, without voter approval. The supplemental and emergency appropriations and reduction or transfer or appropriations authorized by this section may be made effective immediately upon adoption. Section 5.08. Lapse of Appropriations. Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until expended, revised, or repealed. The purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the appropriation. Section 5.09. Administration of the Budget. The city council shall provide by ordinance the procedures for administering the budget. Section 5.10. Overspending of Appropriations Prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the city manager or the manager's designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this charter shall be void and any payment so made illegal. A violation of this provision shall be cause for removal of any officer Who knowingly authorized or made such payment or incurred such obligation. Such officer may also be liable to the city for any amount so paid. Except where prohibited by law, however, nothing in this charter shall be construed to prevent the making or authorizing of payments or making of contracts from capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, but only if such action is made or approved by ordinance. Section 5.11. Capital Program. (a) Submission to City Council. The city manager shall prepare and submit to the city council a five-year capital program no later than the final date for submission of the budget. (b) Contents. The capital program shall include: 13 (1) A clear general summary of its contents; (2) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (3) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (4) Method of financing, upon which each capital expenditure is to be reliant; and (5) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. Section 5.12. City Council Action on Capital Program. (a) Notice and Hearing. The city council shall publish, in one or more newspapers of general circulation in the city, the general summary of the capital program and a notice stating: (1) The times and places where copies of the capital program are available for inspection by the public; and (2) The time and place, not less then two weeks after such publication, for a public hearing on the capital program. (b) Adoption. The city council by resolution shall adopt the capital program with or without amendment after the public hearing and on or before the last day of the month of the current fiscal year. Section 5.13. Public Records. Copies of the budget, capital program, and appropriation and revenue ordinances shall be public record and shall be made available to the public at suitable places in the city. Section 5.14. Retirement and/or Pension Funds The City of Plainview shall not be financially responsible for City of Plainview and/or employee retirement contributions lost by a fund which is not directly managed by the City Council. Article VI ELECTIONS Section 6.0'1. City Elections. (a) Regular Elections. The regular city election shall be held in May on even numbered years. (b) Registered Voter Defined. All citizens legally registered under the 14 constitution and laws of the State of Texas to vote in the city shall be registered voters of the city within the meaning of this charter. (c) Conduct of Elections. The provision of the general election laws of the State of Texas shall apply to the elections held under this charter. All elections provided for by the charter shall be conducted by the city secretary. Candidates shall run for office without party designation. For the conduct of city elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the city council shall adopt ordinances consistent with law and this charter, and the city secretary may adopt further regulations consistent with law and this charter and the ordinances of the council. Such ordinances and regulations pertaining to elections shall be publicized in the manner of city ordinances generally. Section 6.02. Council Districts; Adjustments of Districts. (a) Number of Districts. There shall be seven (7) city council districts. (b) Districting Commission; Composition; Appointment; Terms; Vacancies; Compensation. (1) There shall be a districting commission consisting of nine (9) members. The City Council shall appoint six (6) members. These six (6) members shall, with the affirmative vote of at least four (4), choose three (3) more members. The commission shall select is own chairperson. (2) No member of the commission shall be employed by the city or hold any other elected or appointed position in the city. (3) The City Council shall appoint the commission no later than one year and five months before the first general election of the city council after each federal decennial census. The commission's terms shall end upon adoption of a districting plan, as set forth in section ~ 6.02(c). (4) In the event of a vacancy on the Commission by death, resignation or otherwise, the City Council shall appoint a new member to serve the balance of the term remaining. (5) No member of the districting commission shall be removed from office by the City Council except for cause and upon notice and hearing. (6) The members of the commission shall serve without compensation except that each member shall be allowed actual and necessary expenses to be audited in the same manner as other city charges. (7) The commission may hire or contract for necessary staff assistance and may require agencies of city government to provide technical assistance. The commission shall have a budget as provided by the city council. (c) Powers and Duties of the Commission; Hearing, Submissions and Approval of Plan. (1) Following decennial census, the commission shall consult the city council and shall prepare a plan for dividing the city into districts for the election of councilmembers. In preparing the plan, the commission shall be guided by the criteria set forth in ~) 6.02(d). The report on the plan shall include a map and 15 description of districts recommended. (2) The commission shall hold one or more public hearings not less than one month before it submits the plan to the City Council. The commission shall make its plan available to the public for inspection and comment not less than one month before its public hearing. (3) The commission shall submit its plan to the City Council not less than one year before the first general election of the city council after each decennial census. (4) The plan shall be deemed adopted by the City Council unless disapproved within three weeks by the vote of the majority of all members of the city council. If the city council fails to adopt the plan, it shall return the plan to the commission with its objections, and with the objections of individual members of the council. (5) Upon rejection of its plan, the commission shall prepare a revised plan and shall submit such revised plan to the city council no later than nine (9) months before the first general election of the city council after such decennial census. Such revised plan shall be deemed adopted by the city council unless disapproved within two weeks by the vote of two-thirds (2/3) of all the members of the city council, or unless by two-thirds (2/3) of all its members the city council votes to file a petition in the District Court, Hale County, Texas, for a determination that the plan fails to meet the requirements of this charter. The city council shall file its petition no later than ten (10) days after its disapproval of the plan. Upon a final determination u pon appeal, if any, the plan shall be deemed adopted by the city council and the commission shall deliver the plan to the city secretary. The plan delivered to the city secretary shall include a map and description of the districts. (6) If in any year population figures are not available at least one year and five months before the first general election following the decennial census, the City Council may by ordinance shorten the time period provided for districting commission action in subsection (2),(3),(4), and (5) of this section. (d) Districting Plan; Criteria. In preparation of its plan for dividing the city into districts for the election of councilmembers, the commission shall apply the following criteria which, to the extent practicable, shall be applied and given priority in the order in which they are herein set forth. (1) Districts shall be equal in population except where deviation from equality result from the application of the provisions hereinafter set forth, but no such deviation may exceed five percent (5%) of the average po pulation for all city council districts according to the figures available from the most recent census. (2) No city block shall be divided in the formation of districts. (e) Effect of Enactment. The new city council districts and boundaries as of the date of enactment shall supersede previous council districts and boundaries for all purposes of the next regular city election, including nominations. The new districts and boundaries shall supersede previous districts and boundaries for all other purposes as of the date on which all councilmembers elected at that regular city election take office. 16 Article VII GENERAL PROVISIONS Section 7.01. Conflicts of Interest; Ethics Conflicts of Interest. The use of public office for private gain is prohibited. The city council shall implement this prohibition by ordinance. Regulations to this end shall include but are not limited to: acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public; the acceptance of gifts and other things of value; acting in a private capacity on matters dealt with as a public official; the use of confidential information; and appearances by city officials before other city agencies on behalf of private interests. This ordinance shall provide for reasonable public disclosure of finances by officials with major decision making authority over monetary expenditures and contractual matters and, insofar as permissible under state law, shall provide for penalties. Section 7.02. Prohibitions. (a) Activities Prohibited. (1) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, gender, age, disability, religion, country of origin or political affiliation. (2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the provisions of this charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. (3) No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with her or his test, appointment, proposed appointment, promotion or proposed promotion. (4) No city employee shall knowingly or willfully make, solicit or receive any contribution to the cam paig n funds of any political party or committee to be used in a city election or to campaign funds to be used in support of or opposition to any candidate for election to city office or city ballot issue. Further, no city employee shall knowingly or willfully participate in any aspect of any politiCal campaign on behalf of or opposition to any candidate for city office. This section shall not be construed to limit any person's right to exercise rights as a citizen to express opinions or to cast a vote nor shall it be construed to prohibit any person from active participation in political campaigns at other level of government. (b) Penalties. Any person found guilty of a violation of this section shall be ineligible for a period of five (5) years following such finding to hold any city office or 17 position and, if an officer or employee of the city, shall immediately forfeit her or his office or position. The city council shall establish by ordinance such further penalties as it may deem appropriate. Section 7.03. Annexation The boundaries and limits of the City of Plainview may be hereafter changed by annexation or disannexation in the manner provided in Chapter 43 of the Texas Local GoVernment Code. Article VIII CHARTER AMENDMENT Section 8.01. Proposal of Amendment. Amendments to this charter may be framed and proposed in the manner provided by law. Article IX TRANSITIONISEVERABILITY PROVISION Section 9.01. Officers and Employees. Rights and Privileges Preserved. Nothing in this charter except as otherwise provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption. Section 9.02. State and Municipal Laws. In General. All city ordinances, resolutions, orders, and regulations which are in force when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the constitution and laws' of the State of Texas permit, all laws relating to or affecting this city or its agencies, officers or employees which are in force when this charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. Section 9.03. Schedule. (a) First Election. At the time of its adoption, this charter shall be in effect to the extent necessary in order that the first election of members of the city council may be conducted in accordance with the provisions of this charter. Section 9.04. Severability. If any provision of this charter is held invalid, the other provision of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstance is held invalid, the application of the charter and its 18 provisions to other persons or circumstances shall not be affected thereby. Article X INITIATIVE, REFERENDUM, RECALL Section 10.01. General Authority. The powers of initiative and referendum are hereby reserved to the electors of the city. The provisions of the election law of the State of Texas, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the powers of initiative and referendum under this charter. A. Initiative. The qualified voters of the city shall have the power to propose ordinances to the city council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject said ordinance at a city election, provided that such power shall not extend to the budget, or capital program or any ordinance relating to appropriation of money, levy of taxes, user fees or salaries of city officers or employees. Such initiative power may be used to enact a new ordinance or to repeal or amend sections of an existing ordinance. B. Referendum: The qualified voters of the city shall have the power to require reconsideration by the city council of any adopted ordinance and, if the council fails to repeal any ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program or any properly enacted emergency ordinance, ordinance relating to appropriation of money or levying of taxes or ordinance relating to the control of armed or violent insurrection, revolt, rebellion or riot. Section t0.02. Initiation of Proceedings; Petitioners' Committee; Affidavit. Any ten (10) qualified voters may begin initiative or referendum proceedings by filing with the city secretary an affidavit stating they constitute the petitioners' committee and will be responsible for circulating the petition and filing it in proper form; stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or the ordinance sought to be reconsidered. Immediately after the affidavit of the petitioners' committee is filed, the city secretary shall issue the appropriate petition blanks to the petitioners' committee. After the affidavit of the petitioners' committee has been filed, the ordinance sought to be amended or repealed shall not be repealed, or amended or re-enacted by the city council unless: A. The action taken by the city council is that which the petition requests, or B. The petition has not been filed within the prescribed time limit, or C. There is a final determination of the insufficiency of the petition, or D. The petition is withdrawn by the petitioners' committees, or E. One year has elapsed since the city council or voter action has been taken on the petition, or 19 F. The ordinance sought to be amended or repealed relates to the control of insurrection or riot. Section 10.03. Petitions. (a) Number of signatures. Initiative and referendum petitions must be signed by currently qualified voters of the city eq ual in number to at least ten percent (10%) of the current registered voters. (b) Form and Content: All papers of petition shall be uniform in size and style and shall be assembled as one instrument for filing. To be certified, each signature shall be the same as the name of a voter appearing on the current certified list of voter registrations, shall have been personally signed by such voter in ink, and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of Circulator: When filed, each paper of the petition shall have attached to it an affidavit executed by the circulator thereof stating that she/he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in her/his presence, that she/he 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 Petitions: Referendum petitions must be initiated within thirty (30) days after adoption by the city council of the ordinance sought to be reconsidered. Initiative petitions must be filed within thirty (30) days after issuance of the appropriate petition blanks to the petitioners' committee. Additional time as specified in Section 10.04(e), shall be allowed for amending petitions. Section 10.04. Determination of Sufficiency. (a) Certificate of city secretary: Within ten (10) working days after the petition is filed, the 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 the petitioners' committee by registered mail. (b) Sufficient Petition, Final Determination: If the petition is certified sufficient, the city secretary shall present the certificate to the city council at the next regularly scheduled council meeting and the certificate shall then be a final determination as to the sufficiency of the petition. (c) Insufficient Petition, Final Determination: If a petition is certified insufficient, and the petitioners' committee does not elect to amend or request council review under sub-sections (d) and (e) of this section within the time required, the city secretary shall present a certificate to the city council at the next regularly scheduled council meeting which shall be a final determination of the sufficiency of the petition. 20 OIi ~ OF i~II~E~ O~L~TEO (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 10.04(e), the committee may, within two working days after receiving the copy of such certificate, file a request that it be reviewed by the city council. The city council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Council's determination shall then be a final determination as to the sufficiency of the petition. (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 her/his certificate, and files a supplementary petition with additional names within two weeks after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of Sections 10.03 (b) and (c). Within five (5) working days after an amended petition is filed, the city secretary shall complete a certificate as to the sufficiency of the petition as amended and shall within twenty-four (24) hours send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. The final determination as to the sufficiency of an amended petition shall be determined in the same manner as prescribed for original petitions in Sections 10.04 (b), (c) and (d), and no petition, once amended, may be amended again. (f) Court Review; New Petition: A final determination as to the sufficiency of a petition shall be subject to review in a county court of record and higher. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition of the same purpose. Section 10.05. Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition is filed with the city secretary, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a) there is a final determination of insufficiency of the petition, or (b) the petitioner's committee withdraws the petition, or (c) the council repeals the ordinance, or (d) the vote of the people in a referendum election determines whether the ordinance sought to be repealed is repealed or is sustained and the election results are certified by the election officials. All action previously taken under such ordinance or resolution shall be suspended and its legality or validity determined by the final disposition of the referendum petition. Section 10.06. Action on Petitions. (a) Action by Council: The city council shall promptly consider the proposed initiative ordinance in the manner prescribed for enacting ordinances or reconsider 21 the referred ordinance by voting its repeal. Within sixty (60) days after the date the initiative or referendum petition has been finally determined sufficient the city council shall either (1) adopt a proposed initiative ordinance without any change in substance, or (2) repeal a referred ordinance, or (3) call an election on the proposed or referred ordinance, said election to be held not later than thirty (30) days from the date called. (b) Submission to Voters: The vote of the city on a proposed or referred ordinance shall be held not later than thirty (30) days from the date called by council, except that when a regular city election is to be held within one hundred twenty (120) days, but not less than thirty (30) days, after the final council vote, the vote on the ordinance shall be held at the same time as the regular city election. Copies of the proposed or referred ordinance shall be made available atthe polls and shall alsO be made available at the city secretary's office for fifteen (15) days immediately preceding the election and shall be posted at the regular posting places for fifteen (15) days immediately preceding the election. (c) Withdrawal of Petitions: An initiative or referendum petition may be withdrawn at any time prior to the twentieth (20th) day preceding the day scheduled for a vote of the city by filing with the city secretary a request for withdrawal signed by at least six 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 10.07. Results of Election. (a) Initiative: If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the city council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Limitation of Council Repeal: The city council may not repeal or amend the initiated ordinance for one (1) year after the effective date and then only by the affirmative vote of five (5) members of the city council. (c) Referendum: If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. Section 10.08. Power of Recall. The qualified voters shall have the power to recall any elected official of the city on grounds of incompetency, noncompliance with this charter, misconduct or malfeasance in office. Such power shall be exercised by filing with the city secretary a petition, signed by currently qualified voters of the city equal in number to at least twenty percent (20%) of the total number of qualified voters registered to vote at the last regular city election, per district effected, demanding the removal of such elected 22 official. The petition shall be signed and verified in the manner required for an initiative petition. Section 10.09. Recall Election. The provisions regulating initiation, certification, amendment and withdrawal of initiative petitions shall apply to recall petitions. If the petition is certified by the city secretary to be sufficient, the city council shall order an election forthwith to determine whether such officer shall be recalled. Section 10,10. Results of Recall Election. If a majority of the votes cast at a recall election shall be against removal of the elected official named on the ballot, she/he shall continue in office. If the majority of the votes cast at the election are for the removal of the elected official named on the ballot, the city council shall immediately declare her/his office vacant and such vacancy shall be filled in accordance with the provisions of this charter for the filling of vacancies. An elected official thus removed shall not be a candidate to succeed herself/himself. Section 10.11. Limitation on Recall. No elected official shall be subjected to more than one (1) recall in a twelve (12) month period. The elected official 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 her/him 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 or more than fifteen (15) days after receiving such request for a public hearing. Section 10.12. Failure of City Council to Call an Election. In case all of the requirements of this charter shall have been met and the city council fails or refuses to receive the recall petition, or order such recall election, or discharge other duties imposed upon said city council by the provisions of this charter with reference to such recall, then the County Judge of Hale County, Texas, shall disCharge any such duties herein provided to be discharged by the city secretary or by the city council. In addition, any qualified voter in the city may seek judicial relief in the District Court of Hale County, Texas, to have any of the provisions of this charter pertaining to recall carried out by the proper official. 23