Any elected City official shall be subject to recall and removal from office by the qualified voters of the City on grounds of incompetence, misconduct or malfeasance in office.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
Before the question of recall of such officer shall be submitted to the qualified voters of the City, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of City Secretary, which said petition must be signed by thirty percent (30%) of the number of votes cast for the place or position held by that member of the City Council in the last general municipal election for that place or position, or three hundred (300) qualified voters, whichever is greater. Each signer of such recall petition shall be a qualified voter of the City and shall provide all requisite information as required by the Texas Election Code and this Charter.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
The recall petition mentioned above must be addressed to the City Council, must be distinctly and specifically pointed to the grounds upon which such petition for removal is predicated, and, if there be more than one (1) 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 petition shall contain, in addition to the signature, the signer’s name, the signer’s date of birth or voter’s registration number, the signer’s residence address and the date of signing. The signature shall be verified by oath in the following form.
“State of Texas
County of Collin
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 the State of Texas”
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
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 6.03 of this Article may be made by one (1) or more petitioners, and the several parts of copies of the petition may be filed separately and by different persons. No signatures to such petition shall remain effective or be counted if they were placed on the petition more than forty-five (45) days prior to the filing of such petition or petitions with the City Secretary. All papers comprising a recall petition shall be filed with the City Secretary on the same day, and the City Secretary shall immediately notify, in writing, the officer so sought to be removed, by mailing such notice to the officer’s City address.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
Within twenty-one (21) days after the date of the filing of the papers constituting the recall petition, the City Secretary shall confirm the signatures on the petition and, if the petition is determined to be legally sufficient, present such petition to the City Council.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
The officer whose removal is sought may, within seven (7) days after such recall petition has been presented to the City 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 City Council shall order such public hearing to be held, not less than five (5) days nor more than fifteen (15) days after receiving such request for a public hearing.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
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 or her position, the election shall be cancelled.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
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 __________ be removed from the office of __________ by recall?”
(2) 
Immediately below each such question there shall be printed the following words, one above the other, in the order indicated:
“Yes”
“No”
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
If a majority of the votes cast at a recall election shall be “No,” that is, against the recall of the officer named on the ballot, the officer shall continue in office for the remainder of his or her 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 officer named on the ballot, the officer shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled by the City Council as provided in this Charter.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
(1) 
No recall petition shall be filed against any officer of the City within six (6) months after the officer’s election, nor within six (6) months after an election for such officer’s recall.
(2) 
No more than three (3) petitions for recall shall be filed and/or be pending for resolution by election until those three (3) petitions for recall have been resolved by the recall election and an election has been ordered to fill any vacancies created by the recall election.
(3) 
Recall elections shall be held in accordance with the Texas Election Code.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
If all the requirements of this Charter shall have been met and the City Council fails 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 with the appropriate court for a writ of mandamus to force the City to call the election.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
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.
(1) 
Initiative:
Such power shall not extend to the budget, capital program or any ordinance not subject to initiative as provided by state law.
(2) 
Referendum:
Such power shall not extend to the budget or capital program or any ordinance not subject to referendum as provided by state law.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
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 that 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 a minimum of thirty percent (30%) of the number of votes cast at the last regular City election, or three hundred (300) qualified voters, 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 City Secretary. Within twenty-one (21) days after the filing of such petition, the City Secretary, or the person performing the duties of the City Secretary, shall confirm the signatures on the petition and, if the petition is determined to be legally sufficient, 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, or to call a special election, to be held 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 municipal election is to be held within sixty (60) days following 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 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
Qualified voters of the City may require that any ordinance or resolution passed by the City Council or instituted by the initiative process under this Charter 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 shall be addressed, signed and verified as required for recall petitions in this Article and shall be submitted to the City Secretary. Immediately upon the filing of such petition, the City Secretary shall confirm the signatures on the petition and, if the petition is determined to be legally sufficient, 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 enforcement and shall not later be enforced 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 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
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, resolution or measure, or may submit for repeal any existing ordinance, resolution or measure in the same manner and with the same force and effect as provided in this Article for submission of a petition, and may at its discretion call a special election for this purpose.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
The ballots used when voting upon such proposed and referred ordinance, 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” or “Against the Ordinance” or “For the Resolution” or “Against the Resolution.”
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
The City Secretary shall publish, print and make available on the official City’s website and at City Hall, the caption or a summary of 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 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
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.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
If the provisions of two (2) 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.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
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.
If an ordinance or resolution adopted by popular vote under the provisions of this Article is directly challenged and declared to be unconstitutional, preempted, or otherwise unenforceable by a court of final jurisdiction, the City Council, upon its own motion and by majority vote, may repeal the ordinance or resolution.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
The City Council may pass ordinances or resolutions providing other and further regulations for carrying out the provisions of this Article consistent herewith.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
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.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
If all of the requirements of this Charter have been met and the City Council fails or refuses 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 with the appropriate court for a writ of mandamus to force the City to call the election.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)