The people of the Town 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 state law prohibits initiative for an ordinance appropriating money or authorizing the levy of taxes, an ordinance amending an ordinance appropriating money or levying taxes, or an ordinance repealing an ordinance appropriating money or levying taxes. Any initiated ordinance may be submitted by a petition signed by registered voters of the Town equal in number to at least thirty (30) percent of the number of registered voters residing in the Town at the time of the last regular Town election. Said petition shall be filed with the Town Secretary no later than sixty (60) days after the filing of an affidavit with the Secretary indicating an intention to circulate a petition.
The people of the Town reserve the power to approve or reject at the polls any legislation enacted by the Town Council, which is subject to the initiative process under this Charter. Within thirty (30) 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 Town equal in number to at least thirty (30) percent of the number of registered voters residing in the Town at the time of the last regular Town election, may be filed with the Town Secretary requesting that any such ordinance be either repealed or submitted to a vote of the people. Said petition shall be filed with the Town Secretary no later than sixty (60) days after the filing of an affidavit with the Secretary indicating an intention to circulate a petition. When such a petition has been certified as sufficient by the Town 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 Town Secretary as one instrument. Within thirty (30) days after the petition is filed, the Town 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 Town Secretary shall certify the result of this examination to the Town Council at its next regular meeting. If the Town Secretary shall certify that the petition is insufficient, the certificate shall specify the particulars in which it is defective and [the Town Secretary] 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 Town Secretary, by filing a supplementary petition. In such event, the same procedures shall then be followed by the Town Secretary and Town Council as in the case of the original petition for the same purpose.
When the Town Council receives an authorized initiative petition, certified by the Town Secretary to be sufficient, the Town Council shall either (a) pass the initiated ordinance without amendment within twenty (20) days after the date of the certification to the Town Council; or (b) submit the initiated ordinance without amendment to a vote of the qualified voters of the Town 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 Town Secretary certifies the submission to the Town Council.
When the Town Council receives an authorized referendum petition, certified by the Town Secretary to be sufficient, the Town Council shall reconsider the referred ordinance. If, upon such reconsideration, such ordinance is not repealed, it shall be submitted to the voters of the Town 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 Town Secretary certifies the submission to the Town 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 Town. 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 Town reserve the power to recall the Mayor or any other member of the Town Council and may exercise such power by filing with the Town Secretary a petition, signed by qualified voters of the Town equal in number to at least thirty (30) percent of the number of registered voters residing in the Town at the time of the last regular municipal election of the Town demanding the removal of the Mayor or other member of the Town Council. The petition shall be signed and verified in the manner and within the time restrictions 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 Town Secretary. Within thirty (30) days after the petition is filed, the Town Secretary shall determine its sufficiency and, if found to be sufficient, shall certify this fact to the Town 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 Town Secretary, by filing a supplementary petition. In that event, the same procedures shall then be followed by the Town Secretary and the Town 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 Town Council Member whose removal is sought by a recall petition may, within five (5) days after such petition has been certified and presented to the Town Council, request in writing that a public hearing be held to permit him to present facts pertinent to the charges specified in the petition. In this event, the Town 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.
If the Town Council Member whose removal is sought does not resign, the Town 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 Town 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 THE TOWN COUNCIL BY RECALL?” Below such question there shall be printed the following as to each person named:
“FOR THE REMOVAL OF (name of person.)”
“AGAINST THE REMOVAL OF (name of person.)”
If a majority of the votes cast at a recall election is against removal of a Council Member named on the ballot, that member shall continue in office. If a majority of the votes cast at such election are for the removal of the Town Council Member named on the ballot, the Town Council shall immediately declare the office vacant and such vacancy shall be filled in accordance with the provisions of this Charter. A Town Council Member thus removed shall not be a candidate to succeed himself 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 first takes office, or within six (6) months after an election for his recall, nor within six (6) months of the end of his term.