Any elected City official shall be subject to recall and removal from office by the qualified voters of the City on grounds of incompetency, misconduct, or malfeasance in office.
(Ordinance 19-05-38, prop. U, adopted 5/14/19)
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 duties of city secretary, which said petition must be signed by qualified voters of the city of at least 30 percent of the number of votes cast at the last regular mayoral election, or 150, whichever is greater. Each signature on a recall petition shall conform to the requirements for information as set forth in the Texas Election Code, as amended.
(Ordinance 10-02-13 adopted 3/16/2010; Ordinance 10-05-28, sec. 2, ex. B, adopted 5/18/2010)
The recall petition mentioned above must be addressed to the city council of the city, must be distinctly and specifically pointed to the grounds upon which such petition for removal is predicated, and, if there be more than one ground, said petition shall specifically state each ground with such certainty as to give the officer sought to be removed notice of the matters and things with which the officer is charged. The signature shall be verified by oath in the following form.
"State of Texas" County of __________/__________/__________ |
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 it purports to be. |
Signature |
Sworn and subscribed before me this __________ day of __________, 20__________. |
Signed Notary Public in and for State of Texas |
The petition may consist of one or more copies, or subscription lists, circulated separately, and the signatures thereto may be upon the paper or papers containing the form of petition, or upon other paper attached thereto. Verifications provided for in the next preceding section of this article may be made by one or more petitioners, and the several parts of 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 45 days prior to the filing of such petition or petitions with the person performing the duties of city secretary. All papers comprising a recall petition shall be filed with the person performing the duties of city secretary on the same day, and the said person performing the duties of city secretary shall immediately notify, in writing, the officer so sought to be removed, by mailing such notice to the officer's city address.
Within thirty-five (35) days after the date of the filing of the papers constituting the recall petition, the person performing the duties of City Secretary shall verify whether the petition complies with applicable law as to form, content, and procedure and, only if the person performing the duties of City Secretary so verifies the petition, present such petition to the City Council of the City.
(Ordinance 19-05-38, prop. V, adopted 5/14/19; Ordinance 2025-05-29 adopted 5/13/2025)
The officer whose removal is sought may, within seven days after such recall petition has been presented to the city council, request that a public hearing be held to permit him to present the 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 days nor more than 15 days after receiving such request for a public hearing.
If the officer whose removal is sought does not resign, then the city council shall order an election and set the date for holding such recall election. The date selected for the recall election shall be in accordance with the Texas Election Code. If after the recall election date is established, the officer vacates his position, the election shall be cancelled.
Ballots used at recall elections shall conform to the following requirements:
If a majority of the votes cast at a recall election shall be "No", that is against the recall of the person named on the ballot, the officer 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 election be "Yes", that is for the recall of the person named on the ballot, the officer shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy be filled by the city council as provided in this Charter.
No recall petition shall be filed against any officer of the city within three months after the officer's election, nor within three months after an election for such officer's recall.
In case that all the requirements of this Charter shall have been met and the City Council shall fail or refuse to receive the recall petition, or order such recall election, or discharge any other duties imposed on the City Council by the provisions of this Charter with reference to such recall, then any petitioning citizen may file an application for a writ of mandamus with the appropriate court to require the discharge of such duties herein provided to be discharged by the person performing the duties of City Secretary or by the City Council.
(Ordinance 19-05-38, prop. W, adopted 5/14/19)
The qualified voters of the City, in addition to the method of legislation herein before provided, shall have the power of direct legislation by initiative and referendum. However, the power of initiative or referendum shall not extend to the budget or capital program or any ordinance or resolution relating to appropriation of money, issuing of bonds, levy of taxes, salaries of City officers or employees, the Comprehensive Plan, amendments of the Zoning Ordinance, use of the power of eminent domain or other ordinances or resolutions not subject to initiative or referendum as provided by state law.
(Ordinance 2025-05-29 adopted 5/13/2025)
Following a review by the City Attorney for enforceability and legality, qualified voters of the City may initiate legislation by submitting a petition addressed to the City Council which requests the submission of a proposed ordinance or resolution to a vote of the qualified voters of the City. Said petition must be signed by qualified voters of the City of at least thirty percent (30%) of the number of votes cast at the last regular mayoral election, or one hundred and fifty (150), whichever is greater, and each copy of the petition shall have attached to it a copy of the proposed legislation. The petition shall be signed in the same manner as recall petitions are signed, as provided in this Article, and shall be verified by oath in the manner and form provided for recall petitions in this Article. The petition may consist of one (1) or more copies as permitted for recall petitions. Such petition shall be filed with the person performing the duties of City Secretary. Within thirty-five (35) days after the filing of such petition, the person performing the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation to the City Council, it shall become the duty of the City Council, within two (2) regularly scheduled City Council meetings after the receipt thereof, to pass and adopt such ordinance or resolution without alteration as to meaning or effect in the opinion of the persons filing the petition, or to call a special election, to be held within thirty (30) days thereafter and/or on a date allowed under the Texas Election Code, at which the qualified voters of the City shall vote on the question of adopting or rejecting the proposed legislation. However, if any other City election is to be held within sixty (60) days after the filing of the petition, the question may be voted on at such election. Any election order so issued shall comply fully with the Texas Election Code. Unless otherwise provided by law, any election for an initiative under this Charter shall be held on the first authorized uniform election date that occurs after the sixty-fifth (65th) day after the petition was presented to the City Council.
(Ordinance 10-02-13 adopted 3/16/2010; Ordinance 10-05-28, sec. 2, ex. B, adopted 5/18/2010; Ordinance 19-05-38, prop. V, adopted 5/14/19)
Qualified voters of the City may require that any ordinance or resolution, with the exception of ordinances or resolutions appropriating money or levying taxes, passed by the City Council be submitted to the voters of the City for approval or disapproval, by submitting a petition for this purpose within thirty (30) days after final passage of said ordinance or resolution, or within thirty (30) days after its publication. Said petition must be signed by qualified voters of the City of at least thirty percent (30%) of the number of votes cast at the last regular mayoral election, or one hundred and fifty (150), whichever is greater. Said petition shall be addressed, signed, and verified as required for recall petitions in this Article and shall be submitted to the person performing the duties of City Secretary. Within thirty-five (35) days after the filing of such petition, the person performing the duties of City Secretary shall verify whether the petition complies with applicable law as to form, content, and procedure and, only if the person performing the duties of City Secretary so verifies the petition, present said petition to the City Council. Thereupon, the City Council shall immediately reconsider such ordinance or resolution and, if the City Council does not entirely repeal the same, shall submit it to popular vote as provided in Section 6.13 of this Charter. Pending the holding of such election, each ordinance or resolution shall be suspended from taking effect and shall not later take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereof. Unless otherwise provided by law, any election for a referendum under this Charter shall be held on the first authorized uniform election date that occurs after the sixty-fifth (65th) day after the petition was presented to the City Council.
(Ordinance 19-05-38, props. V, X, adopted 5/14/19; Ordinance 2025-05-29 adopted 5/13/2025)
The city council, upon its own motion and by the affirmative vote of a majority of the full membership of the city council, may submit to popular vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or may submit for repeal any existing ordinance, or resolution, or measure, in the same manner and with the same force and effect as provided in this article for submission of petition, and may at its discretion call a special election for this purpose.
The ballots used when voting upon such proposed and referred ordinance, resolutions or measures, shall set for their nature sufficiently to identify them and shall also set forth upon separate lines the words:
"For the Ordinance" or |
"Against the Ordinance" or |
"For the Resolution" or |
"Against the Resolution" or |
"For the Measure" or |
"Against the Measure" |
(Ordinance 19-05-38, prop. Y, adopted 5/14/19)
The person performing the duties of City Secretary of the City shall publish at least twice (2x) in the official newspaper of the City, or by such other means as may be allowed by state law, the proposed or referred ordinance or resolution within fifteen (15) days before the date of the election, and shall give such other notices and do such other things relative to such election as are required by law in municipal elections and by the ordinance or resolution calling said election.
(Ordinance 19-05-38, prop. L, adopted 5/14/19)
If a majority of the qualified voters voting on any proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon or at any time fixed therein, become effective as a law or as a mandatory order of the city council.
If the provisions of two or more proposed ordinances or resolutions approved at the same election are inconsistent, the ordinance or resolution receiving the highest number of votes shall prevail.
No ordinance or resolution which may have been passed by the city council upon a petition or adopted by popular vote under the provisions of this article shall be repealed or amended except by the city council in response to a referendum petition or by submission as provided by section 6.15 of this Charter.
The city council may pass ordinances or resolutions providing other and further regulations for carrying out the provisions of this article consistent herewith.
Nothing contained in this article shall be construed to be in conflict with any of the provisions of this Charter, pertaining to ordinances granting franchises when valuable rights shall have accrued thereunder.
In case that all of the requirements of this Charter shall have been met and the City Council shall fail or refuse to receive the initiative or referendum petition, or order such initiative or referendum election, or discharge any other duties imposed on the City Council by the provisions of this Charter with reference to such initiative or referendum, then any petitioning citizen may file an application for a writ of mandamus with the appropriate court to require the discharge of such duties herein provided to be discharged by the person performing the duties of City Secretary or by the City Council.
(Ordinance 19-05-38, prop. W, adopted 5/14/19)