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)