A.
Initiative.
The qualified voters of the City shall have power to propose
ordinances to the City Council. 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 or salaries
of City officers or employees, or any other ordinance not subject
to initiative as provided by applicable law.
B.
Referendum.
The qualified voters of the City shall have power to require
reconsideration by the City 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 or salaries of City officers or employees, or any
other ordinance not subject to referendum as provided by applicable
law.
C.
Recall.
The qualified voters of the City shall have the power to petition
for recall of the Mayor or any member of the City Council.
D.
City Attorney
Review.
Any action for initiative, referendum or recall
received by the City Clerk shall be forwarded to the City Attorney
for a legal opinion on enforceability and legality. The City Attorney
shall render an opinion within seven (7) business days from the date
received. In the event the action is determined enforceable and legal,
the action shall be filed, along with the opinion, with the City Clerk
who shall act on it as provided by this Charter. In the event it is
determined unenforceable or illegal, the action shall be returned,
along with the opinion to the person(s) filing the action. A determination
of unenforceability or illegality does not prohibit a person from
the filing of new action for initiative, referendum or recall.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007; Amended by Ordinance 2017-07 at an election held
on November 7, 2017, prop. Q)
Any three (3) qualified voters may commence initiative, referendum,
or recall proceedings by filing with the City Clerk an affidavit stating
they will constitute the petitioners’ committee and be responsible
for circulating the petition and filing it in proper form, stating
their names and addresses and specifying the address to which all
notices to the committee are to be sent and setting out in full the
proposed initiative ordinance or citing the ordinances sought to be
reconsidered, or the name of the Councilmember or Mayor to be recalled.
Any elected City official shall be subject to recall and removal
from office by the qualified voters of the City on those grounds as
set forth in Section 22.077 of the Texas Local Government Code as
it may be amended from time to time.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007)
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 Clerk, which said petition must contain the number
of valid signatures of qualified voters totaling at least thirty percent
(30%) of the number of qualified voters registered to vote at the
last general City election.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007; Amended by Ordinance 2012-18 at an election held
on November 6, 2012, prop. 6)
All papers of a petition shall be uniform in size and style
and shall be assembled as one instrument for filing. Each signature
shall comply with applicable law. The petition shall be addressed
to the City Council of the City and the content shall distinctly and
specifically point to each ground upon which such petition for removal
is predicated. Further, said petition shall state distinctly and specifically
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.
(Amended by Ordinance 2012-18 at
an election held on November 6, 2012, prop. 7)
A.
Certificate
of City Clerk.
Within thirty (30) working days after
the petition is filed, the City Clerk shall complete a certificate
as to its sufficiency or insufficiency as mandated herein, specifying,
if it is insufficient, the particulars wherein it is defective and
shall within that thirty (30) working day period send a copy of the
certificate to the petitioners’ committee by certified mail
or by hand delivery to a committee member.
B.
Amendment.
A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the City Clerk within two (2) working days after receiving the copy of the certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of Section 9.05, and within five (5) working days after it is filed, the City Clerk shall complete a certificate as to the sufficiency of the petition as amended and send a copy of such certificate to the petitioners’ committee by certified mail or by hand delivery to a committee member as in the case of an original petition.
C.
Presentation
to City Council.
If a petition or amended petition is
certified insufficient and the petitioners’ committee does not
elect to amend under Subsection B of this Section within the time
required, the City Clerk shall at the next regular City Council meeting
present such certificate to the City Council and the certificate shall
then be a final determination as to the sufficiency of the petition.
If the petition is certified sufficient, the City Clerk shall at the
next regular City Council meeting present such petition and certificate
to the City Council.
(Amended by Ordinance 2012-18 at
an election held on November 6, 2012, prop. 8)
The officer whose removal is sought may, within five (5) working
days after such recall petition has been presented to the City Council,
request that a public hearing be held to permit him/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) working days nor more than fifteen
(15) working days after receiving such request for a public hearing.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007)
If the officer whose removal is sought does not resign, then
the City Council shall order an election for holding such recall election
on one of the next two uniform election dates. If, after the recall
election date is established, the officer vacates his/her position,
the election shall be cancelled, in accordance with applicable law.
(Amended by Ordinance 2012-18 at
an election held on November 6, 2012, prop. 9)
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/her unexpired term, subject to recall as provided herein. 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 upon passing of the resolution canvassing
the election, and the vacancy shall be filled by the City Council
as provided in Section 3.08 subsection D of this Charter.
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.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007)
(1)
Qualified
voters of the City may initiate legislation by ordinance by submitting
a petition addressed to the City Council, which requests the submission
of the proposed ordinance to a vote of the qualified voters of the
City. Said petition must contain the number of valid signatures totaling
at least twenty percent (20%) of the total number of qualified voters
registered to vote at the last general City election. Each copy of
the petition shall have attached to it a copy of the full text of
the proposed ordinance. A petition must:
1)
be addressed
to the City Council of Buda;
2)
consist
of papers uniform in size and assembled as one document for filing;
and
3)
comply
with each provision of this Charter and applicable law governing the
preparation and signing of petitions.
The certification of the City Clerk, and any amendment to the
petition and its presentation to City Council shall be the same as
for recalls as provided in this Article.
(2)
When an initiative petition has been fully determined sufficient, the City Council shall at their next regular City Council meeting consider the proposed initiative ordinance in the manner provided in Article III. Upon presentation to the City Council, it shall become the duty of the City Council, within sixty (60) days after the date the petition was finally determined sufficient, to pass and adopt such ordinance without alteration as to meaning or effect, or to call for an election, to be held on a date allowed under applicable law, at which the qualified voters of the City shall vote on the question of adopting or rejecting the proposed ordinance. Unless otherwise provided by applicable law, any election for an initiative under this Charter shall be held on one of the next two uniform election dates that occurs after the seventieth (70th) calendar day after the City Council’s decision to submit the ordinance to the voters.
(3)
If a
majority of the qualified electors voting on a proposed initiative
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 City Council.
If conflicting ordinances are approved at the same election, the one
receiving the greatest number of affirmative votes shall prevail to
the extent of such conflict.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007; Amended by Ordinance 2012-18 at an election held
on November 6, 2012, prop. 11; Amended by Ordinance 2012-18 at an election held
on November 6, 2012, prop. 10; Amended by Ordinance 2017-07 at an election held
on November 7, 2017, prop. Q)
(1)
Qualified
voters of the City may require that any ordinance, with the exception
of ordinances dealing with any budget or any capital program, or relating
to appropriation of money, issuing of bonds, setting of utility rates
and levy of taxes or salaries of City officers or employees, or any
other ordinance not subject to referendum as provided by applicable
law, 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 sixty (60) days after the date the ordinance sought
to be reconsidered was adopted.
Said petition must contain the number of valid signatures totaling
at least twenty percent (20%) of the total number of registered voters
qualified to vote at the last general City election. A petition must:
1)
be addressed
to the City Council of Buda;
2)
consist
of papers uniform in size and assembled as one document for filing;
and
3)
comply
with each provision of this Charter and applicable law governing the
preparation and signing of petitions.
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The certification of the City Clerk, any amendment to the petition
and its presentation to City Council shall be the same as for recalls
as provided in this Article.
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City Council shall either repeal the referred ordinance or submit
the referred ordinance to the qualified voters of the City within
thirty (30) days after the date the petition was finally determined
sufficient.
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(2)
Pending
the holding of such election, each ordinance 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 applicable law, any election
for an initiative under this Charter shall be held on one of the next
two uniform election dates that occurs after the seventieth (70th)
calendar day after the City Council’s decision to submit the
ordinance to the voters.
(3)
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.
(Amended by Ordinance 2012-18 at
an election held on November 6, 2012, prop. 12; Amended by Ordinance 2012-18 at an election
held on November 6, 2012, prop. 13)
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 an 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 and referendum petitions, and may, at its
discretion, call for an election for this purpose on an authorized
uniform election date as provided by applicable law.
The ballots used when voting upon initiative or referendum shall
set forth their nature sufficiently to identify them and shall also
set forth, upon separate lines, the words:
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“For the Ordinance”
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or
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“Against the Ordinance”
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No ordinance which may have been passed by the City Council
upon a petition or adopted by popular vote under the provisions of
this Article may be repealed or amended by the City Council for a
period of three (3) years from the date said ordinance became effective.
An ordinance which may have been passed by the City Council upon a
petition or adopted by popular vote under the provisions of this Article
may be repealed or amended at any time in response to a referendum
petition or by submission as provided by Section 9.14 of this Charter.
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.
