The people of the City reserve the power to direct legislation
by initiative and, in the exercise of such power, may propose any
ordinance not in conflict with this Charter or State law, except an
ordinance appropriating money or authorizing the issuance of bonds,
or authorizing the levy of taxes, and user based fees, an ordinance
amending an ordinance appropriating money or levying taxes, an ordinance
authorizing the issuance of bonds, and user based fees, or an ordinance
repealing an ordinance appropriating money or levying taxes and user
based fees. Any initiated ordinance may be submitted by a petition
signed by registered voters of the City equal in number to at least
twenty (20) percent of the number of registered voters residing in
the City at the time the petition is filed.
The people of the City reserve the power to approve or reject
at the polls any legislation enacted by the City Council, which is
subject to the initiative process under this Charter. However, there
is excepted from such power of referendum ordinances making the annual
tax levy and bond ordinances authorizing the issuance of bonds. Within
forty-five (45) days after the final adoption or publication, whichever
date is later, of any ordinance which is subject to referendum, a
petition, signed by registered voters of the City equal in number
to at least twenty (20) percent of the number of registered voters
residing in the City at the time the petition is filed, 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repealed or submitted to a vote of the people.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
so specified in the petition shall not go into effect, or further
action shall be suspended if it shall have gone into effect, until
and unless it is approved by the voters as herein provided.
All petition papers circulated for the purpose of an initiative
or referendum shall be uniform in size and style, and in accordance
with the petition requirements of the Texas Election Code.
All papers comprising a petition for initiative or referendum
shall be assembled and filed with the City Secretary as one instrument.
Within thirty (30) days after the petition is filed, the City Secretary
shall determine whether each paper of the petition has a proper statement
of the circulator and whether the petition has been signed by a sufficient
number of qualified electors and shall hold any petition paper entirely
invalid which does not have attached thereto the statement signed
by the circulator thereof. The City Secretary shall certify the result
of this examination to the City Council at its next regular meeting.
If the City Secretary shall certify that the petition is insufficient,
the certificate shall specify the particulars in which it is defective
and shall at once notify in writing the person filing the petition
of this finding. A petition may be amended at any time within ten
(10) days after a notice of insufficiency has been sent by the City
Secretary, by filing a supplementary petition. In such event, the
same procedures shall then be followed by the City Secretary and City
Council as in the case of the original petition for the same purpose.
The finding of insufficiency of an initiative petition shall not prejudice
the filing of a new petition for the same purpose.
When the City Council receives an authorized initiative petition,
certified by the City Secretary to be sufficient, the City Council
shall either (a) pass the initiated ordinance without amendment within
twenty (20) days after the date of the certification to the City Council;
or (b) submit the initiated ordinance without amendment to a vote
of the qualified voters of the City at a regular or special election
to be held on a uniform election date of the state of Texas, but not
less than ninety (90) days from the date that the City Secretary certifies
the submission to the City Council.
When the City Council receives an authorized referendum petition,
certified by the City Secretary to be sufficient, the City Council
shall reconsider the referred ordinance. If, upon such reconsideration,
such ordinance is not repealed, it shall be submitted to the voters
of the City at a regular or special election to be held on a uniform
election date of the state of Texas, but not less than ninety (90)
days from the date that the City Secretary certifies the submission
to the City Council.
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 at any election may be initiated by the voters within
two (2) years from the date of such election.
Ordinances submitted to the electors in accordance with the
initiative and referendum provisions of this Charter shall be submitted
by ballot title, which shall contain a clear, concise statement, without
argument, of the substance of such ordinance. The ballot used shall
have below the ballot title the following proposition, one above the
other in the order indicated: “FOR THE ORDINANCE” and
“AGAINST THE ORDINANCE.” Any number of ordinances may
be voted on at the same election and may be submitted on the same
ballot.
If a majority of electors voting on a proposed initiated ordinance
shall vote in favor thereof, it shall thereupon become an ordinance
of the City. A referred ordinance which is not approved by a majority
of the electors voting thereon shall thereupon be deemed repealed.
If conflicting ordinances are approved by the electors at the same
election, the one receiving the greatest number of affirmative votes
shall prevail to the extent of such conflict.
The people of the City reserve the power to recall the Mayor
or any other Member of the City Council 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 twenty (20) percent
of the number of registered voters residing in the City at the time
the petition is filed demanding the removal of the Mayor or other
Member of the City Council. The petition shall be signed and verified
in the manner required for an initiative petition, shall contain a
general statement of the grounds upon which the removal is sought
and one of the signers of each petition paper shall make an affidavit
that the statements made therein are true.
All papers comprising a recall petition shall be assembled and
filed with the City Secretary. Within thirty (30) days after the petition
is filed, the City Secretary shall determine its sufficiency and,
if found to be sufficient, shall certify this fact to the City Council
at its next regular meeting. If a recall petition is found to be insufficient,
it may be amended within ten (10) days after notice of such insufficiency
by the City Secretary, by filing a supplementary petition. In that
event, the same procedures shall then be followed by the City Secretary
and the City Council as in the case of an original petition. The finding
of insufficiency of a recall petition shall not prejudice the filing
of a new petition for the same purpose.
The City Council Member or Mayor whose removal is sought by
a recall petition may, within five (5) days after such petition has
been certified and presented to the City Council, request in writing
that a public hearing be held to permit him/her to present facts pertinent
to the charges specified in the 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.
If the City Council Member or Mayor whose removal is sought
does not resign, the City Council shall order a recall election and
fix a date for such election, the date of which shall not be less
than ninety (90) days from the date the petition was submitted to
the City Council or from the date of the public hearing if one was
held, whichever is later, or at the earliest date thereafter permitted
by the Texas Election Code.
Ballots used in recall elections shall read as follows: “SHALL
(name of person or persons) BE REMOVED FROM OFFICE BY RECALL?”
Below such question there shall be printed the following as to each
person named:
“FOR THE REMOVAL OF (name of person.)”
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“AGAINST THE REMOVAL OF (name of person.)”
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If a majority of the votes cast at a recall election is against
removal of a Council Member or Mayor named on the ballot that Member
shall continue in office for the remainder of his unexpired term.
If a majority of the votes cast at such election are for the removal
of the City Council Member or Mayor named on the ballot, the City
Council shall immediately declare the office vacant and such vacancy
shall be filled in accordance with the provisions of state law and
this Charter. A City Council Member or Mayor thus removed shall not
be a candidate to succeed himself/herself in an election called to
fill the vacancy created.
No recall petition shall be filed against the Mayor or any other
Council Member within six (6) months after he/she first takes office,
or within six (6) months after an election for his/her recall, nor
within six (6) months of the end of his/her term.