Any elected City official, whether elected to office by registered voters or appointed by the City Council to fill a vacancy, shall be subject to recall and removal from office by the registered voters of the City on grounds of incompetency, misconduct or malfeasance in office.
(Ordinance 767-22 adopted 11/16/2022)
Before the question of recall of such officer shall be submitted to the registered voters of the City, a petition demanding such question to be so submitted shall first be filed with the person performing duties of City Secretary, which petition shall be signed by qualified voters of the City of at least thirty percent (30%) of the number of voters voting in the last regular municipal election as determined from the list of qualified voters maintained by the County Election Administrator, or one hundred fifty (150) of such voters, whichever is greater. Each signature on a recall petition shall conform to the requirements for information as set forth in the Texas Election Code, as amended.
(Ordinance 767-22 adopted 11/16/2022)
The recall petition mentioned above must be addressed to the City Council, must distinctly and specifically set forth the grounds upon which such petition for removal is predicated, and, if there be more than one (1) ground, such petition shall specifically state each ground with such certainty as to give the officer sought to be removed adequate notice of the matters and things with which the officer is charged. The petition shall be verified by oath in the following form:
"State of Texas"
County of __________
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
(Ordinance 767-22 adopted 11/16/2022)
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, but 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 or petitions with the person performing the duties of City Secretary. All papers comprising a recall petition shall be filed with the person performing the duties of City Secretary on the same day, and the said person performing the duties of 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 767-22 adopted 11/16/2022)
Within twenty-one (21) days after the date of the filing of the papers constituting the recall petition, the person performing the duties of City Secretary shall verify the number of valid signatures and present such petition to the City Council.
(Ordinance 767-22 adopted 11/16/2022)
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 767-22 adopted 11/16/2022)
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 767-22 adopted 11/16/2022)
Ballots used at recall elections shall conform to the following requirements, unless state law mandates otherwise:
(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 767-22 adopted 11/16/2022)
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 before. 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 and the vacancy be filled by the City Council as provided in this Charter.
(Ordinance 767-22 adopted 11/16/2022)
No recall petition shall be filed against the Mayor or any other Councilmember 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.
(Ordinance 767-22 adopted 11/16/2022)
In the case where all of the requirements of this Charter have been met for submission of a recall petition, the City Council shall discharge those duties imposed on the City Council by the provisions of this Charter with reference to such recall election.
(Ordinance 767-22 adopted 11/16/2022)
The registered voters of the City, in addition to the method of legislation herein before provided, shall have the power of direct legislation by the initiative and referendum.
(1) 
Initiative:
Such power shall not extend to the budget or capital program or any ordinance not subject to initiative as provided by state law, relating to appropriation of money, issuing of bonds, levy of taxes or salaries of City officers or employees.
(2) 
Referendum:
Such power shall not extend to the budget or capital program or any emergency ordinance or ordinance not subject to referendum as provided by state law, relating to appropriation of money, issuing of bonds or levy of taxes.
(Ordinance 767-22 adopted 11/16/2022)
Registered voters of the City may initiate legislation by submitting a petition addressed to the City Council which requests the submission of a proposed ordinance or resolution to a vote of the registered voters of the City. Such petition must be signed by qualified voters of the City of at least thirty percent (30%) of the number of voters voting in the last regular City election, or one hundred fifty (150) of such voters, whichever is greater, and each copy of the petition shall have attached to it a copy of the proposed ordinance or resolution. The petition shall be signed in the same manner as recall petitions are signed, as provided in this Article and state law, and shall be verified by oath in the manner and form provided for recall petitions in this Article and state law. 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 City Secretary. Following a review by the City Attorney for enforceability and legality, and within twenty-one (21) days after the filing of such petition, the person performing the duties of City Secretary shall present said petition and the 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 in the opinion of the persons filing the petition, or to call a special election, to be held on a date allowed under the Texas Election Code, as amended, for which the City is able to comply with all requirements for calling and conducting a special election or for adding the item to a general election. At such election, the registered voters of the City shall be afforded the opportunity to vote on the question of adopting or rejecting the proposed ordinance or resolution. 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 767-22 adopted 11/16/2022)
Registered voters of the City may require that any ordinance or resolution, with the exception of ordinances or resolutions appropriating money, authorizing the issuance of public securities or levying taxes, 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 thirty (30) days after final passage of such ordinance or resolution, or within thirty (30) days after its publication. Such petition shall be addressed, signed and verified in accordance with the requirements of this Article applicable to a recall petition and shall be submitted to the person performing the duties of City Secretary who shall verify the signatures in the same manner as required under this Article for a recall petition. Within twenty-one (21) days after the date of filing of such petition, the person performing the duties of City Secretary shall 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 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 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 767-22 adopted 11/16/2022)
The City Council, upon its own motion and by the affirmative vote of a majority of the full voting membership of the City Council, may as either a binding or nonbinding referendum, 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 an ordinance or resolution for initiative, and may at its discretion call a special election for this purpose in accordance with the Texas Election Code, as amended.
(Ordinance 767-22 adopted 11/16/2022)
The ballots used when voting upon such proposed and referred ordinance or resolution, 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 767-22 adopted 11/16/2022)
The person performing the duties of City Secretary shall publish the proposed or referred ordinance or resolution in the official newspaper of the City at least two (2) times within fifteen (15) days before the date of the election, shall publish the proposed ordinance or resolution on the City's website continuously for at least thirty (30) 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 the election. In addition to the foregoing, the City Council may require publication of the proposed ordinance or resolution through any means capable of reaching a majority of the residents of the City.
(Ordinance 767-22 adopted 11/16/2022)
If a majority of the qualified voters voting on any proposed ordinance or resolution, whether received via petition or vote by City Council in accordance with this Article, 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 unless such proposed ordinance, resolution or measure was submitted by Council as a nonbinding referendum in accordance with Section 6.15 of this Article.
(Ordinance 767-22 adopted 11/16/2022)
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 767-22 adopted 11/16/2022)
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.
(Ordinance 767-22 adopted 11/16/2022)