A. Initiative.
The registered voters of the City shall
have power to propose ordinances to the City Council and, if the City
Council fails to adopt ordinances so proposed without any change in
substance, to adopt or reject it at a City election. Such power shall
not extend to the budget or capital program or any ordinance relating
to appropriation of money, levy of taxes, salaries of city officers
or employees, or affect any existing contract the City is party to.
Proposed ordinances must not violate the Constitution, the laws of
this State, or this Charter.
B. Referendum.
The registered voters of the City shall
have power to compel reconsideration by the City Council of any adopted
ordinances and, if the City Council fails to repeal an ordinance so
reconsidered, to approve or reject it at a City election. Such power
shall not extend to the budget or capital program, any emergency ordinance,
ordinances relating to appropriation of money, or levy of taxes, to
any salaries or benefits of public officers or employees, or affect
any existing contract the City is party to.
C. Recall.
The registered voters of the City shall have
power to recall elected officials of the City, but no recall petition
shall be filed against any official within six (6) months after the
official takes office, nor, in case of an official subjected to a
recall election and not removed, until at least six (6) months after
such recall election.
(Ordinance 2022-12-02 adopted 12/6/2022)
A. Any five (5) registered voters of the City entitled to vote in City
elections may commence initiative, referendum, or recall proceedings
by filing with the City Secretary an affidavit stating (i) they will
constitute the petitioners' committee, (ii) they will be responsible
for circulating the petition and filing it in proper form, (iii) their
names and addresses, and (iv) the address to which all notices to
the committee are to be sent. Such affidavit shall also set out in
full the proposed initiative ordinance, cite the ordinance sought
to be reconsidered, or state the name and title of the officer sought
to be recalled accompanied by a statement (not exceeding 200 words)
of the reasons for the recall. Grounds for recall should relate to
and affect the administration of the official's office and be
of a substantial nature directly affecting the rights and interests
of the public.
B. Promptly after receipt of a recall affidavit, the City Secretary
shall serve, personally or by certified mail, a copy of the affidavit
on the elected officer sought to be recalled. Within ten (10) days
of service of the affidavit, the elected officer sought to be recalled
may file a statement with the City Secretary (not exceeding 200 words)
in response.
C. Promptly after the affidavit of the petitioners' committee is
filed, and the response, if any, of an elected official sought to
be recalled is filed, the City Secretary shall submit the proposed
initiative, proposed referendum petition, or recall petition to the
City Attorney for review.
D. The City Attorney must issue an opinion on the legality of the initiative,
referendum, or recall petition, and if the City Attorney determines
such petition to be legal, shall provide the City Secretary with a
description and title of the measure to be included on the petition,
which will also be the title to be included on any ballot should the
petition be sufficient. If the City Attorney shall certify that the
petition is insufficient, the certificate shall specify the particulars
in which it is defective, and the City Secretary shall at once notify
in writing the person filing the petition of this finding.
(Ordinance 2022-12-02 adopted 12/6/2022)
A. Number of signatures.
Initiative, referendum, and recall
petitions must be signed by registered voters of the City equal in
number to at least twenty percent (20%) of the total number of persons
registered to vote at the last regular City election.
B. Form and content.
All papers of a petition shall be
uniform in size and style and shall be assembled as one instrument
for filing. Each signature shall be executed in ink and shall be followed
by the address of the person signing, voter registration certificate
number, and the date of signature. Initiative and referendum petitions
throughout their circulation shall clearly state the title of the
ordinance, include the City Attorney's description of the ordinance,
and the full text of the ordinance sought to be proposed or reconsidered
shall be made available to any registered voters who ask for it or
be made available through a link to the City's website.
C. Affidavit of Circulator.
Each paper of a petition shall
have attached to it when filed an affidavit executed by the person
circulating it stating (i) that he or she is a registered voter of
the City entitled to vote in a City election, (ii) that he or she
personally circulated the paper, (iii) the number of signatures thereon,
(iv) that all the signatures were affixed in his or her presence,
(v) that he or she believes them to be the genuine signatures of the
persons whose names they purport to be, (vi) and that each signer
had an opportunity before signing to read the full text of the ordinance
proposed or sought to be reconsidered, if requested.
D. Time for Filing Referendum and Recall Petitions.
Referendum
petitions must be filed within thirty (30) days after adoption by
the City Council of the ordinance sought to be reconsidered. Recall
petitions must be filed within forty (40) to one hundred and sixty
(160) days of the filing of the petitioners' affidavit initiating
the recall procedure.
(Ordinance 2022-12-02 adopted 12/6/2022)
A. Certificate of City Secretary; Amendment to Petition.
Within twenty (20) days after the petition is filed, the City Secretary shall complete a certificate as to its sufficiency, specifying, if the petition is insufficient, the particulars wherein it is defective, and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioner' committee files a notice of intention to amend it with the City Secretary within two (2) days after receiving the copy of the City Secretary's 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 paragraphs B and C of Section
12.03, and within five (5) days after it is filed, the City Secretary shall complete a certificate as to the sufficiency of the amended petition and promptly send a copy of such certificate to the petitioners' committee by registered mail (as in the case of an original petition). If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request City Council review under paragraph B of this subsection within the time required, the City Secretary shall promptly present his or her certificate to the City Council and the certificate shall then be a final determination as to the sufficiency of the petition.
B. City Council Review.
If a petition or amended petition
has been certified insufficient or deemed illegal by the City Attorney,
or if the petitioners' committee disagrees with the title or
description provided by the City Attorney, the petitioners' committee
may, within two (2) days after receiving the copy of such certificate
or notice of the City Attorney's determination, file a request
that it be reviewed by the City Council. The City Council shall review
the certificate or determination at its next meeting following the
filing of such request and approve or disapprove it or modify the
title or description, and the City Council's determination shall
then be a final determination as to the sufficiency of the petition.
C. Court review; new petition.
A final determination by
the City Council as to the sufficiency of a petition shall be subject
to court review. A final determination of insufficiency, even if sustained
upon court review, shall not prejudice the filing of a new petition
for the same purpose after the passage of one (1) year from the date
of the final determination of insufficiency, so long as submission
is compliant with other requirements of this Chapter.
(Ordinance 2022-12-02 adopted 12/6/2022)
When a referendum petition is filed with the City Secretary,
the ordinance sought to be reconsidered shall be suspended from taking
effect. Such suspension shall terminate when:
(1) There is a final determination of insufficiency of the petition;
(2) The petitioners' committee withdraws the petition;
(3) The City Council repeals the ordinance; or
(4) Thirty (30) days have elapsed after a vote of the City on the ordinance,
in order to determine election results.
(Ordinance 2022-12-02 adopted 12/6/2022)
A. Action by City Council on Initiative or Referendum.
When an initiative or referendum petition has been finally determined
sufficient, the City Council shall promptly consider the ordinance
proposed by voting on its passage, or reconsider the referred ordinance
by voting on its repeal. If the City Council fails to adopt the initiative
as proposed or repeal the referred ordinance within thirty (30) days
after the date the petition was finally determined sufficient, it
shall submit the initiated or referred ordinance to the voters of
the City.
B. Submission to Voters of Initiated or Referred Ordinance.
The vote of the City on initiated or referred ordinances shall be
held not less than thirty (30) days and not later than one (1) year
from the date of the final City Council vote thereon, or the next
practicable date compliant with the Texas Election Code. If no regular
City election is to be held within the period prescribed in this subsection,
the City Council shall provide for a special election; otherwise,
the vote shall be held at a regular election. Notwithstanding the
foregoing, the City Council may in its discretion provide for a special
election at an earlier date within the prescribed period. Copies of
the initiated or referred ordinance shall be made available at the
polls.
C. Submission to Voters of Recall.
If the officer whose
removal is sought by a recall petition does not resign, then the City
Council shall order an election and set the date for such recall election
not less than thirty (30) days and not later than one (1) year from
the date the recall petition is finally determined sufficient, or
the next practicable date compliant with the Texas Election Code.
If no regular City election is to be held within the period prescribed
in this subsection, the City Council shall provide for a special election;
otherwise, the vote shall be held at a regular election. Notwithstanding
the foregoing, the City Council may in its discretion provide for
a special election at an earlier date within the prescribed period.
D. Withdrawal of Petitions.
A referendum or initiative
petition may be withdrawn at any time prior to a determination that
the petition is sufficient. Once determined sufficient, the petition
may only be withdrawn if the City Council enacts the initiated ordinance
or repeals the referred ordinance.
(Ordinance 2022-12-02 adopted 12/6/2022)
A. Initiative.
If a majority of the registered voters 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.
B. Referendum.
If a majority of the registered voters voting
on a referred ordinance vote for its repeal, it shall be considered
repealed upon certification of the election results.
C. Recall.
Ballots used at recall elections shall read,
"Shall [name] be recalled (removed) from the office of __________?"
Votes shall be for or against the proposition. If a majority of the
registered voters voting on a proposed recall vote in its favor, the
official is removed and the vacancy shall be filled in accordance
with this Charter or City ordinance.
(Ordinance 2022-12-02 adopted 12/6/2022)