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Editor’s note(s)–Ordinance O-15-007, adopted at a general election held May 9, 2015, amended Art. VII in its entirety to read as herein set out. Former Art. VII, secs. 1–22, pertained to similar subject matter, and derived from the original Charter; an amendment adopted Feb. 21, 1985, sec. 1; an amendment adopted May 6, 1989, secs. 9, 10, 12; an amendment adopted May 4, 1991; an amendment adopted May 1, 1993, sec. 1; and an amendment adopted May 6, 1995, sec. 1.
All ordinances, regulations or resolutions now in the City of
Brenham and not in conflict with this Charter shall remain in full
force under this Charter until altered, modified or repealed by the
City Council of the City of Brenham, herein provided for.
(Ordinance O-15-007 adopted 5/9/15)
All penal ordinances of the present City of Brenham now in force
and effect shall remain in full force and effect until repealed by
the City Council of the City of Brenham.
(Ordinance O-15-007 adopted 5/9/15)
The City of Brenham as herein established hereby assumes all
outstanding indebtedness against said City as at present constituted
and shall be possessed of and assume all property, right, interests,
contracts, debts, franchises, choses in action, equities, taxes and
all claims owing to the present City of Brenham.
(Ordinance O-15-007 adopted 5/9/15)
This Charter, after adoption, may be amended in accordance with
the provisions of applicable state law, as amended.
This Charter shall be reviewed by the City Council or its designee
no less than two (2) years, nor more than five (5) years, from the
date of the previous charter amendment election.
The City Council may, without approval of the voters, adopt
an ordinance that makes the following non-substantive revisions to
the Charter:
1.
Renumbering,
revising titles, and rearranging parts thereof; and
2.
Correcting
errors in spelling, grammar, cross-references and punctuation.
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A formatting or correcting revision adopted by ordinance under
this Section is not intended to and is not to be interpreted as making
any substantive change in any Charter provision.
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(Ordinance O-15-007 adopted 5/9/15)
Should any provision or portion of this Charter be declared
unconstitutional by the courts of this State, the remainder thereof
shall be unimpaired by such holding and shall be in full force and
effect until amended or repealed, as herein provided.
(Ordinance O-15-007 adopted 5/9/15)
The City shall be divided and established into four (4) wards,
having boundaries described by ordinance, for the purpose of securing
a more equal distribution of representation on the City Council by
the people of the whole City. Newly annexed territory shall be added
to the adjacent Ward as City Council may provide. No person shall
be a candidate for Councilmember from any ward of the City unless
he shall have been, for twelve (12) months preceding the date of the
election at which he is a candidate, a resident of the ward represented
by the office to which he aspires, and must possess the other qualifications
as prescribed in this Charter; provided, however, that the qualifications
as to residence in any one ward shall not apply to the Mayor or at-large
Councilmembers. Any candidate, Mayor or Councilmember who during his
candidacy or term of office moves his place of residence from the
City or the ward which he represents ipso facto forfeits his right
to such office.
(Ordinance O-15-007 adopted 5/9/15)
The person exercising the duties of the City Tax Collector shall
give an official bond in such sum as may be prescribed by the City
Council from time to time; such bond shall be payable to the City
of Brenham and shall, in each instance, be conditioned for the faithful
discharge of the duties of such officer, and for the faithful accounting
of all moneys, claims and things of value coming into the hands of
such officer. Such bond shall be procured from some regular accredited
surety company authorized to do business under the laws of the State
of Texas, and the premiums to such surety company shall be paid by
the City of Brenham, provided that the City Council may by ordinance,
require official bonds from any other appointive officers of the City
in such amounts and conditioned as they may deem best for the efficiency
of the public service. All official bonds shall be surety company
bonds and shall be approved by the City Council and filed and recorded
with the person exercising the duties of City Secretary.
(Ordinance O-15-007 adopted 5/9/15)
All elected and appointed officers of the City shall, before
entering upon the duties of his office, take and subscribe to the
oath prescribed by the Constitution of the State of Texas.
(Ordinance O-15-007 adopted 5/9/15)
No person related within the second degree by affinity, or within
the third degree by consanguinity, to the Mayor or to any of the Councilmembers,
shall be appointed to any office, position, clerkship or service of
the City.
(Ordinance O-15-007 adopted 5/9/15)
No public property or any other character of property owned
or held by said City shall be subject to any execution of any kind
or nature.
(Ordinance O-15-007 adopted 5/9/15)
No funds of said City shall be subject to garnishment, and the
City shall never be required to answer in any garnishment proceedings.
(Ordinance O-15-007 adopted 5/9/15)
Before the City of Brenham shall be liable for damages of any
kind, the person injured or the owner of the damaged property, or
someone in his behalf shall give the Mayor or City Councilmembers
notice in writing of such injury or damage within ninety (90) days,
or within six (6) months for good cause shown, after the same has
been received stating specifically in such notice when, where and
how the injury or damage occurred and the extent thereof. Failure
to notify the Mayor or City Councilmember within the time and manner
specified herein shall exonerate, excuse and exempt the City from
any liability whatsoever. Further, this section shall not apply to
the taking, damaging or destruction of property as guaranteed and
covered by Section 17 of Article I of the Constitution of Texas.
(Ordinance O-15-007 adopted 5/9/15)
The City Council shall designate a bank or other authorized
financial institution in the City of Brenham as the City depository
in accordance with applicable state law, which shall be selected for
a period not to exceed five (5) years. The City Council shall have
the right to reject any and all applications offered as City depository.
(Ordinance O-15-007 adopted 5/9/15)
The City Council shall establish and provide for a court, designated
as the “Municipal Court” for the trial of misdemeanor
offenses, with all such jurisdiction, powers, duties as are now, or
may hereafter be prescribed by the laws of the State of Texas relative
to municipal courts.
The Municipal Court shall be presided over by a Magistrate who
shall be known as the Judge of the Municipal Court. The City Council
shall provide for the qualifications of the Judge and any Associate
Municipal Judge(s). The Judge and any Associate Judge(s) of said court
shall be appointed by the City Council to serve a term of office of
two (2) years; however, they shall be removable at any time, with
or without cause, by a majority vote of the City Council. Any such
judge shall receive such compensation as may be determined by the
City Council. In the event a judge is temporarily unable to act for
any reason, the Mayor shall appoint a qualified person to temporarily
act in the judge’s place. In the event a vacancy exists in the
office of Judge or Associate Judge for any reason, the City Council,
by majority vote, shall appoint a qualified person to fill such vacancy
for the remainder of the unexpired term of office.
There shall be a Municipal Clerk of said court appoint[ed] by
the City Manager. The Clerk of said Court 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
necessary in issuing process of said Court and conducting business
thereof. There may be such Deputy Clerks of the Municipal Court as
may be authorized and appointed by the City Manager, which Deputy
Clerks shall have authority to act for and on behalf of the Clerk
of the Municipal Court. Said Municipal Court Clerk and Deputy Clerks
shall receive such compensation as may be determined by the City Manager.
There shall also be an attorney appointed by the City Council
to serve as the prosecutor in Municipal Court and said prosecutor
shall receive such compensation as may be determined by the City Council.
(Ordinance O-15-007 adopted 5/9/15)
The City Council may investigate the financial transactions
of any office or department of the City government, and the acts and
conduct of any official or employee. In conducting such investigation,
the City Council may compel the attendance of witnesses, the production
of checks and papers, and other evidence and for that purpose may
issue subpoenas or attachments which shall be signed by the Mayor,
and which may be served and executed by any officer authorized by
law to serve subpoenas or other process, or by any peace officer of
the City. If any witness shall refuse to appear to testify to and
facts within his knowledge, or to produce any papers or books in his
possession, or under his control, relating to the matter under investigation
before the City Council, the City Council shall have the power to
cause the witness to be punished as for contempt, not exceeding a
fine of one hundred dollars ($100.00). No witness shall be excused
from testifying touching his knowledge of the matter under investigation
in any such inquiry, but such testimony shall not be used against
him in any criminal prosecution except for perjury committed upon
such inquiry.
(Ordinance O-15-007 adopted 5/9/15)
The people of the City reserve the power of direct legislation
by initiative, and in the exercise of such power may propose any ordinance
not in conflict of this Charter or the Constitution or the Laws of
the State of Texas. Any initiated ordinance may be submitted to the
Council by a petition signed by the qualified voters of the City equal
in number to at least twenty (20) percent of the qualified voters
of the City.
(Ordinance O-15-007 adopted 5/9/15)
The people reserve the power to approve or reject at the polls
any legislation enacted by the Council which is subject to the initiative
process under this Charter. Prior to the effective date of any ordinance
or within thirty (30) days after the effective date of any ordinance
which is subject to referendum, a petition signed by at least twenty
(20) percent of the qualified voters of the City may be filed with
the City Secretary requesting that any such ordinance be either repealed
or submitted to a vote of the people. When such a petition has been
certified as sufficient by the City Secretary, the ordinance specified
in the petition shall not go into effect, or further action thereunder
shall be suspended if it shall have gone into effect, until and unless
it is approved by the voters as herein provided.
(Ordinance O-15-007 adopted 5/9/15)
Initiative petition papers shall contain the full text of the
proposed legislation in the form of an ordinance including a descriptive
caption. Referendum petition papers shall contain a sufficient description
of the ordinance sought to be referred to identify it, or if the ordinance
has been passed by the Council, the full text of the ordinance sought
to be referred shall be included in such petition papers. The signatures
to the initiative or referendum petitions need not all be appended
to one paper, but each signer shall sign his name in ink or indelible
pencil, and shall add to his signature his place of residence by street
and number or such other document as may be prescribed by the laws
of the State of Texas to identify qualified voters under any future
legislation. One of the signers of each separate petition shall make
an affidavit that he, and he only, personally circulated such petition
and that each signature appended thereto was made in his presence
and is the genuine signature of the person whose name it purports
to be.
(Ordinance O-15-007 adopted 5/9/15)
Within thirty (30) days after an initiative or referendum petition
is filed, the City Secretary shall determine whether the same is signed
by the requisite number of qualified voters. The City Secretary shall
declare void any petition paper which does not have an affidavit attached
thereto as required in Section 20C of this Article. In examining the
petition the Secretary shall write the letters “DV” (declared
void) in red ink opposite the names of signatures found not qualified
to vote. After completing examination of the petition, the Secretary
shall certify the result thereof to the Council at its next regular
meeting, stating the number of the persons found on the petition who
are qualified to vote and the number of persons found on the petition
who [are] not qualified to vote. If the Certificate of the City Secretary
shall show an initiative or referendum petition to be insufficient,
the Secretary shall notify the persons filing the petition, and it
may be amended within ten (10) days from the date of such notice by
filing a supplementary petition upon additional papers signed and
filed as provided for in original petition. Within ten (10) days after
such amendment is filed, the Secretary shall examine the amended petition
and certify as to its sufficiency. If the amended petition is found
to be insufficient, the Secretary shall return the petition to the
person filing the same, without prejudice to the filing of a new petition
for the same purpose.
(Ordinance O-15-007 adopted 5/9/15)
When the Council receives an authorized initiative petition
certified by the City Secretary to be sufficient, the Council shall
either:
(a)
Pass initiated
ordinance without amendment within sixty (60) days after the date
of the certification to the Council; or
(b)
Submit
said initiated ordinance without amendment to a vote of the qualified
voters of the City at a regular or special election to be held within
ninety (90) days after the date of the certification to the Council.
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When the Council receives an authorized referendum petition
certified by the City Secretary to be sufficient, the Council shall
reconsider the referred ordinance, and if upon such reconsideration
such ordinance is not repealed, it shall be submitted to the voters
at a regular or special election to be held not more than ninety (90)
days after the date of the certification to the Council by the City
Secretary. Special elections on initiated or referred ordinances shall
not be held more frequently than once each six (6) months, and no
ordinance on the same subject as an initiated ordinance which has
been defeated or on the same subject 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.
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(Ordinance O-15-007 adopted 5/9/15)
The ballot used in voting upon an initiated or referred ordinance
shall state the caption of the ordinance and below the caption shall
set forth on separate lines the words, “FOR THE ORDINANCE”
and “AGAINST THE ORDINANCE.”
Any number of ordinances may be voted on at the same election
in accordance with the provisions of this article. If a majority of
those are in favor of the initiated ordinance, it shall thereupon
be effective as an ordinance of the city. An ordinance so adopted
may be repealed or amended at any time after the expiration of two
(2) years by a vote of four-fifths (4/5) of the Councilmembers qualified
and serving. A referred ordinance which is rejected by a majority
of those voting in a referendum election shall be deemed thereupon
repealed and may not be reenacted by the Council for a period of two
(2) years.
(Ordinance O-15-007 adopted 5/9/15)
The people of the City reserve the power to recall any elected
official, including the Mayor or other Councilmembers, of the City
of Brenham, and may exercise such power by filing with the City Secretary
a petition, signed by qualified voters of the City equal in number
to at least thirty (30) percent of the qualified voters of the City,
demanding the removal of such elective officer or officers in case
of the Mayor and other City Councilmembers voted on at large. In case
of City Councilmembers elected from particular wards, the petition
shall be signed by the qualified voters of the particular ward in
number equal to at least thirty (30) percent of the qualified voters
of the particular ward, demanding the removal of such elected Councilmember.
The petition shall be signed and verified in the manner required for
an initiative petition, shall contain a general statement of the grounds
for which the removal is sought, and one of the signers of each petition
paper shall make an affidavit that the statements therein made are
true.
(Ordinance O-15-007 adopted 5/9/15)
Within thirty (30) days after a recall petition is filed, the
City Secretary shall examine the same. The provisions regulating examination,
certification and amendment of initiative petitions shall apply to
recall petitions. If the petition is certified by the City Secretary
to be sufficient and the officer or official whose removal is sought
does not resign within five (5) days after the certification to the
Council, the Council shall order and hold a recall election within
not less than thirty (30) days nor more than sixty (60) days from
the date of such certification. In case of a removal of a Councilmember
representing a particular ward the election would be called as above,
but for the particular ward only.
(Ordinance O-15-007 adopted 5/9/15)
Ballots used at recall elections shall conform to the following
requirements: “1”. With respect to each person whose removal
is sought the question shall be submitted “shall (show name
of officer) be removed from the office of (name of office)”
and “2”. Immediately below each such question there shall
be printed the two (2) following propositions, one above the other,
in the order indicated: “For the recall of (name of officer)”.
“Against the recall of (name of officer).”
(Ordinance O-15-007 adopted 5/9/15)
If a majority of the votes cast at a recall election shall be
against removal of the officer named on the ballot, he shall continue
in office. If the majority of the votes cast at such election be for
the removal of the officer named on the ballot, the Council shall
immediately declare his office vacant and such vacancy shall be filled
in accordance with the provisions of this Charter for the filling
of vacancies. An officer thus removed shall not be a candidate to
succeed himself in any election called to fill the vacancy thereby
created. An officer thus removed shall not be eligible to hold office
again in the City of Brenham within a period of two (2) years from
the date of the recall.
(Ordinance O-15-007 adopted 5/9/15)
No recall petition shall be filed against an officer of the
City of Brenham within six (6) months after he takes office, and no
officer shall be subjected to more than one recall election during
a term of office.
(Ordinance O-15-007 adopted 5/9/15)
The City shall observe and comply with all applicable purchasing
and procurement laws when expending City funds.
(Ordinance O-15-007 adopted 5/9/15)
If any section, subclause, sentence or phrase of this Charter
is for any reason held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining Charter provisions.
(Ordinance O-15-007 adopted 5/9/15)
