(A) 
Recall.
The qualified voters of the Town shall have the power to petition for recall of the Mayor or any member of the Town Council.
(B) 
Initiative.
The qualified voters of the Town shall have power to propose ordinances to the Town Council. Such power shall not extend to the budget or any capital improvement program, or relating to appropriation of money, issuing of bonds, setting of utility rates and levy of taxes, annexation or salaries of Town officers or employees, or any zoning amendment or amendment of the Town’s comprehensive plan, or any other ordinance not subject to initiative as provided by this Charter, State law or case law.
(C) 
Referendum.
The qualified voters of the Town shall have power to require reconsideration by the Town Council of any adopted ordinance. Such power shall not extend to the budget or any capital program, or relating to appropriation of money, issuing of bonds, setting of utility rates and levy of taxes, annexation or salaries of Town officers or employees, or any zoning amendment or amendment of the Town’s comprehensive plan, or other ordinance not subject to referendum as provided by this Charter, State law or case law.
Any elected Town official shall be subject to recall and removal from office by the qualified voters of the Town on grounds set forth in Section 22.077 of the Texas Local Government Code.
Before the question of recall of any Town official is submitted to the qualified voters of the Town, a petition demanding such question to be so submitted shall first be filed with the person performing duties of Town Secretary. Said petition must be signed by qualified voters of the Town of at least fifteen percent (15%) of the total number of qualified voters in the Town according to the then existing voter registration rolls maintained by the Dallas County Elections Department. Each signature on a recall petition shall conform to the requirements for information as set forth in Chapter 277 of the Texas Election Code.
All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. The petition shall be addressed to the Town Council and the content shall distinctly and specifically point to the ground upon which such petition for removal is predicated. Further, said petition shall state distinctly and specifically (1) each ground upon which such petition for removal is predicated, and (2) the alleged action(s) and the factual circumstance(s) surrounding such action(s) taken by the official that warrant the charge(s), as to give the officer sought to be removed notice of the matter(s) and thing(s) with which the officer is charged. The signatures on the petition shall be verified by oath in the following form:
State of Texas
County of Dallas
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 (1) 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 Section 9.04 of this Article may be made by one (1) or more petitioners. No signatures to such petition shall remain effective or be counted which were placed thereon more than one hundred eighty (180) days, or such other length of time as may be allowed by the Texas Election Code, prior to the filing of such petition. All papers comprising a recall petition shall be filed with the person performing the duties of Town Secretary and the said person performing the duties of Town Secretary shall immediately notify, in writing, the officer so sought to be removed, by mailing such notice to the officer’s Town address.
(A) 
Within twenty (20) working days after the petition is filed, the person performing the duties of Town Secretary shall (1) verify the number of valid signatures, (2) verify that the petition conforms to the requirements of this Article, (3) complete a certificate as to the sufficiency or insufficiency of the petition, specifying, if it is insufficient, the particulars wherein it is defective, (4) present such petition and certificate to the Town Council at the next regular Town Council meeting, and (5) within two (2) working days of the date of such certification, send a copy of the certificate by certified mail or by hand delivery to the person that filed the petition.
(B) 
A petition certified insufficient based solely upon lack of the required number of valid signatures may be amended once if the person that filed the petition files with the person performing the duties of Town Secretary: (1) a notice of intention to amend the petition which must be filed within two (2) working days after receiving a copy of the certificate; and (2) a supplementary petition upon additional papers within ten (10) calendar days after receiving a copy of the certificate. Such supplementary petition shall comply with the requirements of Section 9.04, and within ten (10) working days after it is filed, the person performing the duties of Town Secretary shall complete a certificate as to the sufficiency of the petition, as amended, and send a copy of such certificate by certified mail or by hand delivery to the person that filed the petition and shall present such petition and certificate to the Town Council at the next regular Town Council meeting.
(C) 
If a petition is certified insufficient for any reason other than lacking the required number of valid signatures, the certificate shall then be a final determination as to the sufficiency of the petition. If a petition is certified insufficient solely on the basis of lacking the required number of valid signatures and (1) the person filing the petition does not elect to amend the petition under subsection (B) of this Section, or (2) the petition, as amended as provided in this Section, is certified insufficient, the certificate shall then be a final determination as to the sufficiency of the petition.
The officer whose removal is sought may, within seven (7) days after such sufficient recall petition has been presented to the Town Council, request that a public hearing be held to permit him or her to present the facts pertinent to the charges specified in the recall petition. In this event, the Town Council shall order such public hearing to be held, not less than five (5) working days or more than fifteen (15) working days after receiving such request for a public hearing. The person performing the duties of Town Secretary shall send notice by regular mail to the registered voters of the Town, based on the then existing registered voter information on file with the Dallas County Elections Department, of the public hearing on or before two (2) working days prior to the hearing.
If the officer whose removal is sought by sufficient recall petition does not resign, then the Town Council shall order an election and set the date for holding such recall election. The date selected for the recall election shall be for the next available election date and in accordance with the Texas Election Code. If, after the recall election date is established, the officer vacates his or her position, the election shall be cancelled in accordance with State law.
Ballots used at recall elections shall conform to the following requirements:
(A) 
With respect to each person whose removal is sought, the question shall be submitted:
“Shall __________ be removed from the office of __________ by recall?”
(B) 
Immediately below each such question there shall be printed the following words, one above the other, in the order indicated:
“Yes”
“No”
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 or her unexpired term, subject to recall as provided herein. If a majority of the votes cast at such election shall 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 upon passing of the resolution canvassing the election, and the vacancy shall be filled in accordance with the provisions of this Charter for filling vacancies[.]
(A) 
No recall petition shall be filed against any officer of the Town within six (6) months after the officer’s election to his or her first term. This restriction does not apply to an officer’s reelection to any term subsequent to his or her first term, regardless of whether any subsequent term is consecutive or nonconsecutive to the officer’s first term.
(B) 
No more than one (1) recall petition shall be filed against any officer of the Town during the same term of office for such officer.
(C) 
No recall petition shall be filed against any officer of the Town within three 3 months of the end [of] such officer’s term.
(A) 
Except for ordinances described in Section 9.01(B) and following a review by the Town Attorney for enforceability and legality, qualified voters of the Town may initiate legislation by ordinance by submitting a petition addressed to the Town Council which requests the submission of a proposed ordinance to a vote of the qualified voters of the Town. Said petition must be signed by at least ten percent (10%) of the total number of qualified voters in the Town according to the then existing voter registration rolls maintained by the Dallas County Elections Department. Each copy of the petition shall have attached to it a copy of the full text 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 Town Secretary. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing.
(B) 
Within twenty (20) working days after the petition is filed, the person performing the duties of Town Secretary shall: (1) verify the number of valid signatures; (2) verify that the petition conforms to the requirements of this Article; (3) complete a certificate as to the sufficiency or insufficiency of the petition, specifying, if it is insufficient, the particulars wherein it is defective; (4) present such petition and certificate to the Town Council at the next regular Town Council meeting; and (5) within two (2) working days of the date of such certification, send a copy of the certificate by certified mail or by hand delivery to the person that filed the petition.
(C) 
A petition certified insufficient based solely upon lack of the required number of valid signatures may be amended once if the person that filed the petition files with the person performing the duties of Town Secretary: (1) a notice of intention to amend the petition which must be filed within two (2) working days after receiving a copy of the certificate; and (2) a supplementary petition upon additional papers within ten (10) calendar days after receiving a copy of the certificate. Such supplementary petition shall comply with the requirements of Section 9.12(A), and within ten (10) working days after it is filed, the person performing the duties of Town Secretary shall complete a certificate as to the sufficiency of the petition, as amended, and, within two (2) working days of the date of such certification, send a copy of such certificate by certified mail or by hand delivery to the person that filed the petition and shall present such petition and certificate to the Town Council at the next regular Town Council meeting.
(D) 
If a petition is certified insufficient for any reason other than lacking the required number of valid signatures, the certificate shall then be a final determination as to the sufficiency of the petition. If a petition is certified insufficient solely on the basis of lacking the required number of valid signatures and (1) the person filing the petition does not elect to amend the petition under subsection (C) of this Section, or (2) the petition, as amended as provided in this Section, is certified insufficient, the certificate shall then be a final determination as to the sufficiency of the petition.
(E) 
Upon presentation of a sufficient petition to the Town Council, it shall become the duty of the Town Council, within thirty (30) calendar days after the receipt thereof, to either pass and adopt such ordinance without alteration as to meaning or effect, or to call an election to be held on a date allowed under the Texas Election Code, at which the qualified voters of the Town shall vote on the question of adopting or rejecting the proposed legislation. 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 sixty-five (65) days after presentation of the petition. At the election, the Town Council may submit, in addition to the initiated ordinance without amendment, an alternative ordinance on the same subject proposed by the Town Council; the voters being given the opportunity to vote on both.
(F) 
At least fifteen percent (15%) of the total number of qualified voters in the Town according to the then existing voter registration rolls maintained by the Dallas County Elections Department must vote in any election on any initiated ordinance or the initiated ordinance is deemed rejected regardless of whether the majority vote in its favor. The following applies only if the foregoing minimum number of qualified voters cast ballots in the election: (1) In the event that only the initiated ordinance is submitted to the voters without an alternative ordinance submitted by the Town Council and if a majority of the qualified electors voting on the proposed initiated 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 Town Council; and (2) if conflicting initiated ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
(G) 
In the event that the Town Council submits to the voters an alternative ordinance in addition to the initiated ordinance and the qualified electors voting on the initiated ordinance and Town Council alternative ordinance vote in favor of both, then the ordinance receiving the greatest number of affirmative votes is adopted, and the other ordinance is deemed rejected. If both are accepted by the qualified electors and receive the same number of affirmative votes, both are deemed rejected.
(A) 
Except ordinances described in Section 9.01(C), qualified voters of the Town may require that any other ordinance passed by the Town Council be submitted to the voters of the Town for approval or disapproval by submitting a petition for this purpose within one hundred and eighty (180) days after the date the ordinance sought to be reconsidered was adopted. Said petition must be signed by at least ten percent (10%) of the total number of qualified voters in the Town according to the then existing voter registration rolls maintained by the Dallas County Elections Department. Each copy of the petition shall have attached to it a copy of the full text of the legislation that is the subject of the petition. 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 Town Secretary. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing.
(B) 
Within twenty (20) working days after the petition is filed, the person performing the duties of Town Secretary shall: (1) verify the number of valid signatures; (2) verify that the petition conforms to the requirements of this Article; (3) complete a certificate as to the sufficiency or insufficiency of the petition, specifying, if it is insufficient, the particulars wherein it is defective; (4) present such petition and certificate to the Town Council at the next regular Town Council meeting; and (5) within two (2) working days of the date of such certification, send a copy of the certificate by certified mail or by hand delivery to the person that filed the petition.
(C) 
A petition certified insufficient based solely upon lack of the required number of valid signatures may be amended once if the person that filed the petition files with the person performing the duties of Town Secretary: (1) a notice of intention to amend the petition which must be filed within two (2) working days after receiving a copy of the certificate; and (2) a supplementary petition upon additional papers within ten (10) calendar days after receiving a copy of the certificate. Such supplementary petition shall comply with the requirements of Section 9.13(A), and within ten (10) working days after it is filed, the person performing the duties of Town Secretary shall complete a certificate as to the sufficiency of the petition, as amended, and, within two (2) working days of the date of such certification, send a copy of such certificate by certified mail or by hand delivery to the person that filed the petition and shall present such petition and certificate to the Town Council at the next regular Town Council meeting.
(D) 
If a petition is certified insufficient for any reason other than lacking the required number of valid signatures, the certificate shall then be a final determination as to the sufficiency of the petition. If a petition is certified insufficient solely on the basis of lacking the required number of valid signatures and (1) the person filing the petition does not elect to amend the petition under subsection (C) of this Section, or (2) the petition, as amended as provided in this Section, is certified insufficient, the certificate shall then be a final determination as to the sufficiency of the petition.
(E) 
Upon presentation of a sufficient petition to the Town Council, it shall become the duty of the Town Council, within thirty (30) calendar days after the Town Council’s receipt thereof, to either repeal the referred ordinance, or to call an election to be held on a date allowed under the Texas Election Code, at which the qualified voters of the Town shall vote on the question of repealing the referred ordinance. Any election order so issued shall comply fully with the Texas Election Code. 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 sixty-five (65) days after presentation of the petition to Town Council.
(F) 
Pending the holding of such election and upon certification of the sufficiency of the petition, each ordinance specified in the petition shall be suspended from taking effect, or further action thereunder shall be suspended if it shall have gone into effect, and shall not later take effect unless a majority of the qualified voters voting thereon, in accordance with Section 9.13(G), at such election shall vote in favor thereof.
(G) 
At least fifteen percent (15%) of the total number of qualified voters in the Town according to the then existing voter registration rolls maintained by the Dallas County Elections Department must vote in any election on any referred ordinance or the referred ordinance is deemed approved regardless of whether the majority vote against it. The following applies only if the foregoing minimum number of qualified voters cast ballots in the election: 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. An ordinance repealed by referendum may be reenacted by the Town Council at any time by a unanimous vote of the members of the Town Council then qualified and serving.
(A) 
Binding Election.
The Town Council, upon its own motion and by the affirmative vote of a majority of the members of the Town Council then qualified and serving, 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 initiative or referendum petitions, and may at its discretion call a special election for this purpose.
(B) 
Non-Binding Ballot Propositions.
The Town Council, upon its own motion and by the affirmative vote of a majority of the members of the Town Council then qualified and serving, is authorized to call elections on ballot propositions that are non-binding in nature when the Town Council wishes to obtain an informal indication of the position of the Town’s voters on an issue. The following shall apply to elections on non-binding ballot propositions:
(1) 
The ballots must clearly label each proposition as non-binding in the heading of the proposition.
(2) 
The ballot cannot contain an indication of the effect that approval or disapproval of a proposition will have on the position of the Town Council on any issue.
(3) 
The ordinance calling the election and the ordinance declaring the result of the election must both contain a clear statement that the non-binding propositions are not binding on the Town Council.
(4) 
The Town Council shall not place a non-binding proposition on a ballot as a substitute or alternative for a binding proposition the Town Council is obligated to place on the same ballot.
(5) 
A non-binding proposition may be placed on the ballot by the Town Council only when the ballot will contain other matters. The Town Council shall not call an election at any time solely for the purpose of placing one or more non-binding propositions before the voters of the Town.
The ballots used when voting upon such proposed and referred ordinances, resolutions or measures, shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines the words:
“For the Ordinance” and
“Against the Ordinance”
or
“For the Resolution” and
“Against the Resolution”
The person performing the duties of Town Secretary shall publish at least twice in the official newspaper of the Town 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.
If a majority of the qualified voters voting on any proposed ordinance or resolution or measure shall vote in favor thereof and in accordance with the requirements of the Section of this Article under which the proposed ordinance, resolution or measure is submitted, it shall thereupon or at any time fixed therein, become effective as a law or as a mandatory order of the Town Council.
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.