The people of the City reserve the power of direct legislation by initiative, and in the exercise of that power; may propose any ordinance, except ordinances appropriating money, levying taxes, annexing land, zoning ordinances or ordinances repealing ordinances appropriating money, levying taxes, annexing land, or zoning ordinances not in conflict with this Charter or the Constitution or laws of the State of Texas. Any initiated ordinance, [sic] and same may be submitted to the Council by a petition signed by qualified voters of the City equal in number to at least ten percent (10%) of all qualified voters of the City.
The people of the City reserve the power to approve or reject at the polls any City Council legislation which is subject to the initiative process under this Charter, except that ordinances authorizing the issuance of either tax or revenue bonds, whether original or refunding bonds, annexing land and zoning ordinances shall not be subject to referendum. To exercise the power of referendum, a petition signed by qualified voters of the City equal in number to at least ten percent (10%) of all qualified voters of the City must be filed with the City Clerk requesting that an existing ordinance be either repealed or submitted to a vote of the people. When such a petition has been certified as accurate and sufficient by the City clerk, all action authorized by the specified ordinance shall be suspended until said ordinance has been approved by the voters as herein provided.
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 the full text of the ordinance sought to be referred shall be included in the papers. The signatures to the initiative or referendum petitions need not be all appended to one paper, but each signer’s name shall be printed and signed in ink as shall the resident’s address, precinct number and serial number from the voter registration certificate, or other document prescribed by the laws of the State of Texas to identify qualified voters. No signature shall be counted if there is reason to believe it is not the actual signature of the purported signer or that it is a duplication either of name or of handwriting used in any other signature on the petition and no signature shall be counted unless the resident address of the signer is shown and unless it is signed exactly as the name of the voter appears on the official copy of the current voter registration list or other document prescribed by the laws of the State of Texas to identify qualified voters and unless the precinct number and serial number that appeared on the signer’s voter registration certificate or other document prescribed by State law to identify qualified voters are noted as above required. Before the signature on any petition paper may be counted, one of the persons signing the petition paper, a qualified voter, shall make oath before the City Clerk or other officer competent to administer oaths, that the statements made in the affidavit are true, [and] that each signature to the paper appended is the genuine signature of the person whose name purports to be signed thereto.
Within thirty (30) days after an initiative or referendum petition is filed, The City Clerk shall determine whether it is properly signed by the requisite number of qualified voters. The City Clerk shall declare void any petition paper which does not have an affidavit attached thereto as required in Section 3 of this Article. In examining the petition, the City Clerk shall indicate the names of signers found not qualified. The City Clerk shall certify the results of the petition examination to the Council at its next regular meeting. If the certificate of the City Clerk shows an initiative or referendum petition to be insufficient, the City Clerk shall notify the person filing the petition, and it may be amended within fifteen (15) days from the date of such notice by filing a supplementary petition upon additional papers signed and filed as prescribed for the original petition. Within fifteen (15) days after the amendment is filed, the City Clerk shall examine the amended petition and certify as to its sufficiency. If the amended petition is then found to be insufficient, no further proceedings shall be had with regard to it.
If the City Council receives an authorized initiative petition certified by the City Clerk to be sufficient, the City Council shall:
a.
Pass the initiated ordinance without amendment within thirty (30) 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 within ninety (90) days after the date of the certification to the City Council or as soon thereafter as permitted by the laws of the State of Texas; or
c.
At an election as described in “b,” submit to a vote of the qualified voters of the City the initiated ordinance without amendment and an alternative ordinance on the same subject proposed by the City Council.
If the initiated and the alternative ordinances are both approved by majority of the votes cast at the election, the ordinance receiving the greater number of votes shall be effective as an ordinance of the City; the other ordinance shall be considered rejected and shall not be effective. If the City Council receives an authorized referendum petition certified by the City Clerk to be sufficient, the City Council shall reconsider the referred ordinance and if upon reconsideration the ordinance is not repealed within thirty (30) days, it shall be submitted to the qualified voters of the City at a regular or special election to be held not more than ninety (90) days after the date of the certification to the City Council or at the earliest time thereafter permitted by law. Special elections on initiated or referred ordinances shall be held when necessary as permitted by State law. 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 one (1) year from the date of that election.
Any number of ordinances may be voted on at the same election in accordance with the provisions of this Article. If a majority of the legal votes cast are in favor of an initiated ordinance, it shall thereupon be effective as an ordinance of the City. An ordinance thus adopted may not be repealed or amended until after the expiration of one (1) year and then only by vote of four-fifths (4/5) of the City Council members. A referred ordinance which is rejected by a majority of the legal votes cast in a referendum election shall be thereby repealed. An ordinance thus rejected may not be reenacted until after the expiration of one (1) year and then only by a vote of four-fifths (4/5) of the City Council members.
The people of the City reserve the power to recall any elected officer of the City and may exercise the power by filing with the City Clerk a petition signed by qualified voters of the City equal in number to at least ten percent (10%) of all qualified voters of the City demanding the removal of the elected officer. The petition shall be signed and verified as required for an initiative petition.
The provisions regulating examination, certification and amendment of initiative petitions shall apply to recall petitions. If the petition is certified by the City Clerk to be sufficient, the City Council shall order and hold a special election to determine whether the officer shall be recalled.
If the majority of the legal votes cast at a recall election be for the recall of the officer named on the ballot, the City Council shall immediately declare the office vacant and call a special election to fill the vacancy.
No recall petition shall be filed against an elected officer within six (6) months after taking office and no officer shall be subjected to more than one (1) recall election during the term of office.
In the event all requirements of this Charter shall have been met and the City Council shall fail or refuse to receive the recall petition, or order such recall election, or discharge any other duties imposed upon said City Council by the provisions of this Charter with reference to such recall, then the County Judge of Winkler County, Texas shall discharge any such duties herein provided to be discharged by the person performing the duties of City Clerk by the City Council.