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2006E04-Election ORDINANCE NO. 06-E-04 AN ORDINANCE CALLING A HOME RULE CHARTER AMENDMENT ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS ON MAY 13, 2006; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION AND DECLARING AN EMERGENCY WHEREAS, pursuant to Section 12.05 of the Home Rnle Charter (the "Charter") of the City of Schertz, Texas (the "City"), a Charter Review Commission has submitted a report and has recommended amendments to the Charter; and WHEREAS, the City Council of the City hereby determines to submit to the qualified voters of the City for their adoption or rejection certain proposed amendments to the Charter pursuant to the provisions of Sections 12.04 and 12.05 of the Charter and Section 9.004, as amended, Local Government Code; and WHEREAS, the Council hereby fmds and determines that the Charter amendment election shall be held on May 13, 2006 which is the next uniform election date and the City's next regular municipal election date; and WHEREAS, the Council hereby fmds and determines that holding the proposed Charter amendment election on the next uniform election date and the City's next regular municipal election date is in the best interests of the citizens of the City; and WHEREAS, the City has contracted with the Guadalupe County Elections Administrator (the "Elections Administrator") to conduct this election; WHEREAS, the City Secretary shall publish and post notice of this election as required by applicable law; and WHEREAS, the Council hereby finds and determines that it is in the best interests of the citizens of the City to submit, for adoption or rejection, the proposed amendments to the Charter, at the earliest possible date, in order for this Council to be advised of the wishes of the citizens of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. An election shall be held on the 13th day of May, 2006, a uniform election date and the next regnlar municipal election date, in the City of Schertz, Texas, which date is not less than thirty (30) days nor more than ninety (90) days from the date of the fmal adoption of this ordinance (this "Ordinance"). The official ballots for the election shall be prepared in accordance with the Texas Election Code, as amended, and the Charter so as to permit the qualified voters of the City to vote "Yes" or "No" for each of the proposed Charter amendments which shall appear on the ballot substantially as provided below. On the date of the election the following amendments to the Charter shall be submitted to the qualified voters of the City: 20151191.3 - I - Charter Amendment No. I "Shall the eXlstmg City Charter be amended to provide correct punctuation and spelling, consistent capitalization of terms, and to provide that in each and every place in the City Charter where the words in the left-hand colunm below are found, the words in the right-hand colunm be inserted in place thereof? "laws of the State as now or hereafter "laws ofthe State" amended" or "statutes of the State" "charter" "Charter" "Federal Government" "federal government" "Council" or "governing body" "City Council" BManager" "City Manager" "Secretary" or "secretary" "City Secretary" "section" "Section" references to places or positions on the "Place One", "Place Two", "Place City Council Three", "Place Four", "Place Five" "absentee voting" "early voting" " Charter ProDosition No.1 "Shall the City be authorized to amend the City Charter as provided in Amendment No.1?" Yes No 20151191.3 - 2- Charter Amendment No.2 "Shall Section 4.04 of the existing City Charter be amended to provide as follows: Section 4.04 Compensation. Members of the City Council shall serve with such compensation as determined by the City Council. An increase in compensation shall not be effective for any member of the City Council during the term for which he or she was elected and the increase was approved. Payment of expenses incurred in performance of official duty may be approved by the City Council. Charter ProDosition No.2 "Shall the City be authorized to amend the City Charter as provided in Amendment No.2?" Yes No 20151191.3 - 3 - Charter Amendment No.3 "Shall Section 4.05 of the existing City Charter be amended to provide as follows: Section 4.05 Mayor and Mayor Pro- Tem. The Mayor shall be the official head of the City government. He or she shall be the chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the event of a tie. He or she shall, when authorized by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. He or she shall appoint special committees as instructed by City Council, with committee membership to be composed of nominees by the City Council. He or she shall perform such other duties consistent with this Charter or as may be imposed upon him or her by City Council. The Mayor shall not have veto powers. The Mayor Pro-Tern shall be a Councihnember appointed, effective each Decernber I and June I, on a six-month rotational basis in Place order, Places One through Five; provided, any Councihnember may decline to serve as Mayor Pro- Tem, and the Councihnember holding the next numeric Place shall then serve as Mayor Pro-Tern. The Mayor Pro-Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro- Tem may vote on any matter before the City Council." Charter ProDosition No.3 "Shall the City be authorized to amend the City Charter as provided in Amendment No.3?" Yes No 20151191.3 -4- Charter Amendment No.4 "Shall Section 4.06 of the existing City Charter be amended to provide as follows: Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (a) Vacancies. The office of a Councihnember or the office of the Mayor shall become vacant upon his or her death, mental or physical disability, resignation, removal from office in any manner authorized by law, or forfeiture of his or her office. Determination of mental or physical disability shall be certified by two physicians qualified to practice medicine in the State. (b) office upon: (c) Forfeiture. The Mayor or a Councihnember shall forfeit his or her (1) Final conviction of a felony or of an offense involving moral turpitude. (2) (3) Ceasing to be a resident of the City. Failure to regnlarly attend City Council meetings without good cause. Good cause shall be illness or temporary disability, absence from the City, or family emergency. There shall be a presumption of failure to regularly attend when more than three consecutive regnlar meetings are missed. Filling Vacancies. (1) In the event of a single vacancy in the City Council, if there are 365 days or more remaining on the term of the vacated City Council position, the City Council shall call a special election to fill such vacancy. If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new Councilmember to fill such vacancy or call a special election to fill such vacancy. (2) When more than one vacancy on the City Council shall exist at any time, a special election to fill such vacancies shall be called by the City Council." Charter ProDosition No.4 "Shall the City be authorized to amend the City Charter as provided in Amendment No.4?" 20151191.3 Yes No - 5 - Charter Amendment No.5 "Shall Section 4.07(a) of the existing City Charter be amended to provide as follows: Section 4.07 Prohibitions (a) Holding other Office. No Mayor or Councilmember shall hold any other public office or employment with the City nor have any financial interest, directly or indirectly, in any City contract or transaction; and no former Mayor or Councihnember shall hold any compensated appointive City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council." Charter ProDosition No.5 "Shall the City be authorized to amend the City Charter as provided in Amendment No.5?" Yes No 20151191.3 - 6 - Charter Amendment No.6 "Shall Section 4.09 of the existing City Charter be amended to provide as follows: Section 4.09 Meetings and Procedure. (a) Date. Time. Place. and Notice. The City Council shall meet at least once each month at a time and place prescribed by ordinance. Special meetings may be called by the Mayor, the City Manager, or on application of three Councihnembers. Written notice of the date, place and subject of each meeting shall be posted in the City Hall and written notice of no less than twelve hours (two hours in the event of an emergency meeting of the City Council) shall be given to each Councihnember. (b) Open Meetings. Meetings shall be open to the public in accordance with applicable State law. (c) Ouorum. Three Councihnembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of three or more members of the City Council. If the Mayor Pro- Tem is presiding, he or she shall be counted for purposes of determining a quorum. (d) Rilles of Procedure. The City Council shall, by ordinance, determine its own rnles and order of business, provided, however, that the citizens of the City shall have a reasonable opportunity to be heard at any meeting with regard to any matter relevant to the government of the City except at such meetings of the City Council as may be closed to the public as permitted by State law. Provision shall be made for the taking of minutes, which minutes shall be a public record. Voting, except on procedural matters, shall be by roll call and the ayes and nays shall be recorded in the minutes. ( e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two-thirds of the members present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting. The "ayes" and "nays" shall be taken upon the passage of all ordinances and resolutions and entered in the minutes of the City Council. The affmnative 20151191.3 -7- vote of three or more members of the City Council is required to enact any ordinance or reso lution. The Mayor shall vote only in the event of a tie; the Mayor Pro-Tem may vote on any matter being considered by the City Council. The enacting clause of all ordinances shall be, "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS", and every ordinance shall be authenticated by the signature of the Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. (I) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees and before taking effect shall be published as otherwise provided in this Charter. (2) Effective date. Every ordinance passed by the City Council shall be enrolled by the City Secretary as soon as practicable after its passage. If the ordinance was published, he or she shall note the time and place of publication which shall be prima facie proof of publication thereof. The affidavit by the printer or publisher shall also be prima facie proof of the publication. Enrolhnent of an ordinance shall be prima facie proof of its legal adoption and effect. (3) Codification of ordinances. The City Council shall have the power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the City Council deems advisable, and such printed code, when adopted by the City Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or codes of ordinances shall be admitted as evidence in all courts without further proof and shall have the same force and effect as did the original ordinance." Charter ProDosition No.6 "Shall the City be authorized to amend the City Charter as provided in Amendment No.6?" Yes No 20151191.3 - 8 - Charter Amendment No.7 "Shall Section 5.01 of the existing City Charter be amended to provide as follows: Section 5.01 Appointment; Qualifications; Compensation. The City Council shall appoint a City Manager and fix his or her compensation. He or she shall be chosen on the basis of his or her executive and administrative training, experience, ability and character. He or she need not be a resident of the City or State at the time of his or her appointment, but he or she must agree, prior to such appointment, to become a resident of the City within four months after the date of his or her appointment. Ifhe or she thereafter fails to become a resident of the City within that four-month period, he or she shall be deemed to have forfeited his or her appointment and the office shall be declared vacant by announcement of the Mayor at the first meeting of the City Council following the expiration of the four-month period. The City Manager shall serve at the will and pleasure of the City Council. He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the City Council. On the recommendation of the City Manager, the City Council may appoint one or more Assistant City Managers and set the compensation for such appointees." Charter ProDosition No.7 "Shall the City be authorized to amend the City Charter as provided in Amendment No.7?" Yes No 20151191.3 - 9- Charter Amendment No.8 "Shall Section 5.02 of the existing City Charter be amended to provide as follows: Section 5.02 Acting City Manager. By letter filed with the City Secretary the City Manager shall designate, subject to approval of the City Council, a qualified City administrative officer to exercise the powers and perform the duties of City Manager during his or her temporary absence or disability. During any vacancy in the office of City Manager, the City Council may appoint an Acting City Manager to perform the duties of City Manager. During such absence, disability, or vacancy, the City Council may revoke such designation at any time and appoint another officer of the City to serve as Acting City Manager until the City Manager shall return or his or her disability shall cease or such vacancy is filled." Charter ProDosition No.8 "Shall the City he authorized to amend the City Charter as provided in Amendment No.8?" Yes No 20151191.3 - 10- Charter Amendment No.9 "Shall Section 5.03(a) of the existing City Charter be amended and Section 5.03(k) be added to provide as follows: Section 5.03 Powers and Duties of City Manager. (a) He or she shall appoint and, when he or she deems it necessary for the good of the City, suspend or remove City employees and appointive administrative officers provided for, by or under this Charter, except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (k) He or she shall have the authority to sign documents in the name of the City as authorized by the City Council." Charter ProDosition No.9 "Shall the City he authorized to amend the City Charter as provided in Amendment No.9?" Yes No 20151191.3 - 11 - Charter Amendment No. 10 "Shall Section 6.03 of the existing City Charter be amended to provide as follows: Section 6.03 City Attorney. The City Council shall appoint a City Attorney for an indefmite term and fix his or her compensation. The City Attorney must be a member of the State Bar of Texas. He or she shall serve as chief legal advisor to the City, including the City Council, and, subject to applicable rules of the State Bar of Texas, the City Manager, supervisors of City departments and other City officers and agencies. He or she shall represent the City in all legal proceedings and shall perform any other duties prescribed by this Charter, ordinances of the City, or State laws. The City Council may retain an additional attorney or attorneys for the City when the City Attorney is absent or as other circumstances require." Charter ProDosition No. 10 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 10?" Yes No 20151191.3 - 12- Charter Amendment No. II "Shall Section 6.04 of the existing City Charter be amended to provide as follows: Section 6.04 Judge of the Municipal Court. The City Council shall establish a Municipal Court and shall appoint a Judge (and may appoint one or more deputy Judges) of the Municipal Court of the City and fix his or her compensation. Sessions of the Municipal Court shall be held at such times as may be determined by the Judge of the Municipal Court. When the Judge is absent, disabled or unable to perform his or her duties for any cause, or his or her office becomes vacant by reason of death, removal or resignation and no deputy Judge has been appointed, the City Council may appoint a special Judge of said court who shall serve until the Judge of said court returns to his or her duties or a successor is appointed and qualifies or a deputy Judge is appointed and qualifies." Charter ProDosition No. 11 "Shall the City be authorized to amend the City Charter as provided in Amendment No.11?" Yes No 20151191.3 - 13- Charter Amendment No. 12 "Shall Section 6.07(a), (c), and (e) of the existing City Charter be amended to provide as follows: Section 6.07 Tax Assessor-Collector. (a) Office of Taxation. There shall be established an office of Taxation, the head of which shall be the City Assessor-Collector of Taxes. This office shall be filled by appointment by the City Manager. The Assessor- Collector shall give a surety bond for the faithful performance of his or her duties including compliance with all controlling provisions of the State law bearing upon the functions of his or her office in a sum which shall be fixed by the City Council but in no event shall the amount be less than twenty thousand dollars, the cost to be borne by the City. The City Council may, in the interest of economy and efficiency, contract with an individual or another political subdivision as Assessor-Collector to handle the assessment and/or collection of taxes, and no separate Assessor-Collector need be appointed in such case. (c) Taxes. When Due and Pavable. All taxes due the City shall be payable at the Office of the Assessor-Collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October first. Taxes shall be paid before February I, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as authorized by applicable State law. The City Council may, by ordinance, provide a discount for prompt payment of current taxes. The City Council may contract with an attorney or attorneys for the collection of delinquent taxes as authorized by applicable State law. (e) Tax Remissions. Discounts and Comnromises. Neither the City Manager nor the City Council shall have the right to forgive any current or delinquent taxes or penalty and interest except in cases of error or otherwise as permitted by State law." Charter ProDosition No. 12 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 12?" Yes No 20151191.3 - 14 - Charter Amendment No. 13 "Shall Section 7.01 of the existing City Charter be amended to provide as follows: Section 7.01 Fiscal Year. The fiscal year of the City shall begin on the first day of October and end on the last day of the following September." Charter ProDosition No. 13 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 13?" Yes No 20151191.3 - 15 - Charter Amendment No. 14 "Shall Section 7.03 of the existing City Charter be amended to provide as follows: Section 7.03 Budget Message. The City Manager's budget message shall outline the proposed financial policies of the City for the ensuing fiscal year; describe the important features of the budget; indicate any major changes from the current year in fmancial policies, expenditures, and revenues together with the reasons for such changes; and sunnnarize the City's debt position and include such other material as the City Manager deems desirable." Charter ProDosition No. 14 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 14?" Yes No 20151191.3 - 16 - Charter Amendment No. 15 "Shall Section 7.05 of the existing City Charter be amended to provide as follows: Section 7.05 Capital Improvements Program. The City Manager may prepare and submit to the City Council a five year capital improvements program on his or her own initiative and shall do so when so directed by the City Council." Charter ProDosition No. 15 "Shall the City be authorized to amend the City Charter as provided in Amendment No. IS?" Yes No 20151191.3 - 17 - Charter Amendment No. 16 "Shall Section 7.06 of the existing City Charter be amended to provide as follows: Section 7.06 City Council Action on Budget. (a) Notice and hearing. The City Council shall have published as set forth in applicable State law a general sununary of the budget and a notice stating: (I) the time and places where copies of the message and budget are available for inspection by the public, and (2) the time and place for a public hearing on the budget." Charter ProDosition No. 16 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 16?" Yes No 20151191.3 - 18 - Charter Amendment No. 17 "Shall Section 7.07(b) and (d) of the existing City Charter be amended to provide as follows: Section 7.07 Amendments After Adoption. (b) Emergencv Appropriations. To meet a public emergency affecting life, health, property or the public peace, the City Council may make emergency appropriations. To the extent that there are no available unappropriated revenues to meet such appropriations, the City Council may by such ordinances authorize the issuance of emergency notes in accordance with applicable State law, which emergency notes may be renewed as necessary in accordance with applicable State law. (d) Transfer of ADvrovriations. Upon written request by the City Manager, the City Council may transfer part or all of any unencmnbered appropriated balance among programs within a department, office or agency, or from departments, offices or agencies." Charter ProDosition No. 17 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 17"? Yes No 20151191.3 - 19 - Charter Amendment No. 18 "Shall Section 7.10(b)(2), and (b)(ll) of the existing City Charter be amended to provide as follows: Section 7.10 Director of Finance. (b) Power and Duties. The City Manager shall have charge of the administration of the financial affairs of the City, and to that end he or she shall supervise the head of the department of finance (if other than the City Manager) and shall have authority and shall be required to: (2) Supervise and be responsible for the disbursement of all money and have control over all expenditures to ensure that budget appropriations are not exceeded. Disbursement from the City's depository bank will require two signatures. (II) Negotiate with all eligible bank(s), within thirty days from October first of each biennium and after advertising as required by applicable State law for depository bids for the bank(s) to serve as City depository for all available funds except reserve funds for bonds for the next two years, or until such time as the successor depository(s) has been selected. The City Manager shall take into consideration in such negotiations the most favorable interest rates that can be obtained in the interest of the City on certificates of deposit for funds invested, and also on funds borrowed. The City Manager shall also take into consideration the services offered by the prospective depository(s) in serving the banking needs of the City, and shall make a recommendation to the City Council as to the results of his or her negotiations. The City Council shall approve which bank(s) is to serve as the city depository(s) during the next biennium. If the City Manager and the City Council determine that a satisfactory depository contract cannot be entered into with the local bank(s), then the City Manager may advertise as set forth in applicable State law a request for sealed bids by banks to act as City depository for the next two years and the City Council shall, prior to December first of each biennium as stated above, select one of the banks to serve as City depository. The bank(s) that has been selected to be the City depository(s) shall have adequate security pledged at all times to protect all City funds." Charter ProDosition No. 18 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 18?" Yes No 20151191.3 - 20- Charter Amendment No. 19 "Shall Section 7.11 of the existing City Charter be amended to provide as follows: Section 7.11 Audit. The City Council shall cause an annual audit to be made of the books and accounts of each department of the City and shall have an annual fmancial statement prepared based on the audit. A complete audit shall be made at the end of each fiscal year, and at such other times as may be necessary, by an independent Certified Public Accountant who shall be selected by the City Council. The annual financial statement, including the auditor's opinion, shall be filed with the City Secretary and shall be available for public inspection. The auditor selected shall not maintain or keep any of the City accounts or records." Charter ProDosition No. 19 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 19?" Yes No 20151191.3 - 21 - Charter Amendment No. 20 "Shall Section 9.01(a) of the existing City Charter be amended and Section 9.01(d) be added to provide as follows: Section 9.01 City Elections. (a) Regnlar Elections. The regnlar City election shall be held on the first Saturday of May in each calendar year or in accordance with applicable State law. (d) Time of Elections. Regular and special elections may be conducted only on the dates permitted by applicable State law." Charter ProDosition No. 20 "Shall the City be authorized to amend the City Charter as provided in Amendment No.20?" Yes No 20151191.3 - 22- Charter Amendment No. 21 "Shall Section 9.02 of the existing City Charter be amended to provide as follows: Section 9.02 Candidates. Any person having the qualifications set forth for Councilmember under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for anyone elective office such as Mayor, Councihnember - Place One, Councihnember - Place Two, etc. Such application, in writing, shall include the candidate's name, address, telephone number, date of birth, and date of residency, shall be signed by such candidate and accompanied by his or her loyalty affidavit and a statement that the candidate is aware of applicable State nepotism laws, as prescribed by Texas Election Code, and shall be filed with the City Secretary or appropriate authority within the time period required by applicable State law. A filing fee of five dollars, or such other amount as may hereafter be set by the City Council, must be paid to the City Secretary by each candidate upon presentation of his or her application. The filing fee shall be waived if the candidate states in writing that payment thereof will constitute a financial hardship." Charter ProDosition No. 21 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 21?" Yes No 20151191.3 - 23- Charter Amendment No. 22 "Shall Section 9.03 of the existing City Charter be amended to provide as follows: Section 9.03 Determination of Election Results. At any regnlar or special municipal election the candidate for each office, such as Mayor, Councihnember-Place One, etc., who shall have received the greater number of votes for each office cast in such election, shall be declared elected. In the event a tie vote makes it impossible to determine the winning candidate or candidates, resolution of such tie shall be decided as provided in the Texas Election Code." Charter ProDosition No. 22 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 22?" Yes No 20151191.3 -24 - Charter Amendment No. 23 "Shall Section 10.02 of the existing City Charter be amended to provide as follows: Section 10.02 Commencement of Proceedings; Petitioners' Committee; Affidavit. Any five qualified voters may commence initiative, referendum or recall proceedings by filing with the City Secretary an affidavit stating they will constitute the petitioners' committee and will circulate the petition and file it in proper form stating their names and addresses and specifying the address to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. The affidavit for recall must distinctly and specifically state the reason or reasons for which the petition for recall is predicated and include the other requirements set forth in Section 1O.06(b). Promptly after the affidavit of the petitioners' committee is filed, the City Secretary shall issue the appropriate petition blanks to the petitioners' committee." Charter ProDosition No. 23 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 23?" Yes No 20151191.3 - 25- Charter Amendment No. 24 "Shall Section 1O.03(b), (c), and (d) of the existing City Charter be amended to provide as follows: Section 10.03 Petitions. (b) Form and Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. For a petition signature to be valid, the petition must: (1) contain in addition to the signature: ( A) the signor's printed name; and (B) the signor's (i) date of birth; or (ii) voter registration number and the County of voter registration; and (C) the signor's residence address (including street address and County of voterregistration); and (2) comply with any other applicable requirements prescribed by State law. Petitions shall contain or have attached thereto throughout their circulation the full text of the proposed ordinance or other subject matter of the petition. A recall petition must distinctly and specifically state the reason or reasons upon which the petition is predicated. (c) to it when completed: Affidavit of Circulator. Each page of a petition shall have attached filed the following notarized affidavit, with all blanks properly "STATE OF TEXAS ~ CITY OF SCHERTZ ~ I, , being fIrst dnly sworn, on oath confirm that (i) I am one of the signers of the above petition, (ii) I personally circnlated the foregoing page of said petition, (iii) there are _ signatures on such page, (iv) each of the signatures appearing on such page was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and (vi) each 20151191.3 - 26- signer had an opportunity to read the full text of the ordinance or other subject matter of the petition. Sworn and subscribed to before me, this the day of ,20_. Signed and Sealed by a Notary Public in and for State of Texas" (d) Filing Recall Petition. Recall petitions shall be initiated and filed with the City Secretary within sixty days after the petitioners' committee files its affidavit." Charter ProDosition No. 24 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 24?" Yes No 20151191.3 - 27- Charter Amendment No. 25 "Shall Section 10.06 of the existing City Charter be amended to provide as follows: Section 10.06 Action on Petitions. (a) Action by City Council on Initiative or Referendum. When an initiative or referendum petition has been fully determined sufficient, the City Council shall promptly consider' the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting its repeal. If the City Council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City at a special election. (b) Action by City Council on Petition for Recall. The recall petition must be addressed to the City Council of the City, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated, and, if there be more than one ground, such as for incompetency, misconduct or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed notice of the matters and things with which he or she is charged. The officer whose removal is sought may, within five 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 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 days nor more than fifteen days after receiving such request for a public hearing. If the officer whose removal is sought does not resign, then it shall become the duty of the City Council to order a recall election and fix a date for holding such recall election.) ( c) Submission to voters. The special election on a proposed or referred ordinance or petition for recall shall be held on the earliest date permitted by State and federal law after the date of the final City Council vote thereon. Copies of the proposed or referred ordinance shall be made available at the polls." Charter ProDosition No. 25 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 25?" Yes No 20151191.3 - 28- Charter Amendment No. 26 "Shall the last paragraph of Section 11.01 of the existing City Charter be amended to provide as follows: Section 11.01 Powers of the City. Prior to the purchase of any existing franchised public utility system, either according to the terms of the franchise or by eminent domain, the City Council must submit the question of the purchase to the qualified voters of the City, and the same must be approved by a majority of those voting in such election." Charter ProDosition No. 26 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 26?" Yes No 20151191.3 -29 - Charter Amendment No. 27 "Shall Section 11.04(e) and (h) of the existing City Charter be amended to provide as follows: Section 11.04 Right of Regulation. All grants, renewals, or extensions of public utility franchises, whether it be so provided in the franchise ordinance or not, shall be subject to the right of the City: (e) At any time to require annual and other reports by each such public utility pertaining to sales and operations within the City. (h) To forfeit by ordinance any franchise at any time upon the failure of the grantee to comply with any provision of the franchise, such power to be exercised only after notice and hearing and under the conditions hereinafter provided; provided, however, that action may be taken hereunder only after the City has given to the grantee written notice of the particular or particulars in which it is claimed that the grantee is in defanlt, and the grantee shall have a reasonable time after receipt of such notice, which time in no event shall be less than thirty days, to cure such alleged default or defaults; after the expiration of which time if said default or defaults are not cured the City may, at its option, by ordinance declare the franchise forfeited; and provided further, that such forfeiture shall, however, be subject to the orders of any court of competent jurisdiction in which the grantee may seek review of the forfeiture." Charter ProDosition No. 27 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 27"? Yes No 20151191.3 - 30- Charter Amendment No. 28 "Shall Sectiou 11.05 of the existing City Charter be amended to provide as follows: Section 11.05 Franchise Records. The City shall maintain a public record of public utility franchises." Charter Proposition No. 28 "Shall the City be authorized to ameud the City Charter as provided in Amendment No. 28?" Yes No 20151191.3 - 31 - Charter Amendment No. 29 "Shall Section 12.02(a)(6) and (b) of the existing City Charter be amended to provide as follows: Section 12.02 Prohibitions. (a) Activities Prohibited. (6) No person related within the second degree by affmity or within the third degree by consanguinity to any elected officer of the City, or to the City Manager, shall be appointed to any office, position, or clerkship or other service of the City, but this prohibition shall not apply to any such person related in the prohibited degree who has been continuously employed by the City for not less than two years prior to the election or appointment of the officer. (b) Penalties. Any person who by himself or herself or with others willfully violates any of the provisions of paragraphs (a)(I) through (a)(6) of this Section shall be guilty of misconduct and shall immediately forfeit his or her office or position upon order of the City Manager or the City Council." Charter ProDosition No. 29 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 29?" Yes No 20151191.3 - 32- Charter Amendment No. 30 "Shall Section 12.04 of the existing City Charter be amended to provide as follows: Section 12.04 Charter Amendment. Amendments to this Charter may be framed and submitted to the voters of the City by a charter commission in the manner provided by law, by ordinance passed by a majority vote of the full membership of the City Council, or by a petition signed by not less than five percent of the qualified voters of the City. When a charter amendment petition shall have been filed in conformity with Section 10.03 of this Charter, the City Council shall, subject to applicable law, forthwith provide by ordinance for submitting such proposed amendment to a vote of the voters of the City. Any ordinance for submitting a charter amendment to the voters shall provide for submission of such amendments to the voters in accordance with applicable law. Not less than thirty days prior to such election the City Secretary shall make available a copy of the proposed amendment or amendments to each qualified voter of the City. If a proposed amendment shall be approved by a majority of the voters voting thereon, it shall become a part of the Charter at the time fixed therein. Each amendment shall be confined to one subj ect; and, when more than one amendment shall be submitted at the same time, they shall be submitted so as to enable the voters to vote on each separately." Charter ProDosition No. 30 "Shall the City be authorized to amend the City Charter as provided in Amendment No.30?" Yes No 20151191.3 - 33 - Charter Amendment No. 31 "Shall the introductory paragraph of Section 12.05, Section l2.05(d), and the fmal paragraph of Section 12.05 of the existing City Charter be amended to provide as follows: Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission of five citizens of the City. It shall be the duty of the Commission to: (d) Report its fmdings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. The term of office of the Charter Review Commission shall be 180 days after the date of appointment of the Commission, and, if during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City Manager and the Charter Review Commission shall be dismissed." Charter ProDosition No. 31 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 31?" Yes No 20151191.3 - 34- Charter Amendment No. 32 "Shall Section 12.07 be added to the existing City Charter to provide as follows: Section 12.07 State Law. References in this Charter to "State law" shall refer to applicable provisions of State law in effect from time to time." Charter ProDosition No. 32 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 32?" Yes No 20151191.3 - 35 - Charter Amendment No. 33 "Shall Section 12.07 be added to the existing City Charter to provide as follows: Section 12.08 Headings. Headings and titles of Sections and subsections of this Charter are for convenience only and shall not affect the meaning of any provisions within such Sections." Charter Proposition No. 33 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 33?" Yes No 20151191.3 - 36- Charter Amendment No. 34 "Shall Article XIII of the City Charter, relating to various transitional provisions, be deleted?" Charter ProDosition No. 34 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 34?" Yes No 20151191.3 - 37- SECTION 2. Pursuant to Section 61.012, as amended, Texas Election Code, the City shall provide at least one accessible voting system in each polling place used in the election. Such voting system shall comply with Texas and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Touch screen machines shall be used for early voting and election day voting by personal appearance. Certain early voting may be conducted by mail. The Election Administrator shall also utilize a Central Counting Station (the "Station") as provided by Section 127.001, et seq., as amended, Texas Election Code. lR. Perez has been appointed as the Manager and Lisa Adam has been appointed as the Presiding Judge of the Station, and she may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Texas Election Code. The Election Administrator has appointed John Bumguardner as the Tabulation Supervisor and Lisa Adam as the Programmer for the Station. Lastly, the Election Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Texas Election Code. SECTION 3. The City election precincts established for this election shall be the precincts named on Exhibit A attached hereto. A list of the City election precincts and the polling places designated for each such election precinct are identified on Exhibit A to this Ordinance, and this Exhibit is incorporated by reference for all purposes. At least 63 days prior to the schednled election date, the Council, in coordination with the Elections Administrator, will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for this election. Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to act as clerks to properly conduct the election. However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointroent of such clerks may include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. The election shall be held in the City as prescribed by applicable law and on the day of the election, the polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. The Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, is hereby designated as the main early voting place at which early voting shall be conducted. J.R. Perez, the Elections Administrator of Guadalupe County (whose mailing address is Post Office Box 1346, Seguin, Texas 78156) is hereby appointed as the Early Voting Clerk to conduct such early voting in the election. The Early Voting Clerk shall appoint not less than two (2) Deputy Early Voting Clerks in accordance with the provisions of the Texas Election Code. Early voting shall be conducted at the Guadalupe County Office Building, 11 0 I Elbel Road, Schertz, Texas 78154 from May 1,2006 through May 9, 2006. The hours for early voting shall be from 8:00 a.m. to 8:00 p.m. on May 8, 2006 and May 9, 2006, and from 8:00 a.m. to 5:00 p.m. on all other early voting days. Applications for ballots by mail must be received by the Early Voting Clerk not later than the close of business on May 5, 2006. 20151191.3 - 38- An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Missy Doss is appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) nor more than ten (10) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 4. All resident qualified voters of the City shall be permitted to vote at the election and on the day of the election, such voters shall vote at anyone of the designated polling places. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, and the provisions of Texas Revised Civil Statutes Annotated Chapter I of Title 22, as amended, and as may be required by any other law. All election materials and proceedings shall be printed in both English and Spanish. SECTION 5. A substantial copy of this Ordinance shall serve as a proper notice of the election. This notice, including a Spanish translation thereof, shall be posted at the City Hall not less than twenty-one (21) days prior to the date the election is to be held, and be published in a newspaper of general circnlation in the City, not more than thirty (30) days, and not less than ten (10) full days prior to the day of the election. SECTION 6. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and fmdings of the Council. SECTION 7. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordered herein. SECTION 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 9. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid proVISIOn. SECTION 10. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, Texas Government Code, as amended. SECTION 11. By vote of not less than two-thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading. 20151191.3 - 39- PASSED AND APPROVED, on first and fmal reading, this the 21" day of February, 2006. Mayor ATTEST: bary~ (CITY SE~L) J, .. 20151191.3 - 40- 20151191.3 City Election Precinct City of Schertz EXHIBIT A A-I Polling Places Schertz Community Center 1400 Schertz Parkway Building #3 Schertz, Texas 78154 PlIBLlC NOTICE Affidavit of PublisherOADINANCENOdI6-E-ll4 . . AN. ORDINANCE CALLING A HOME RULE CHARTER AMENDMENT (;LECTION TO BE HELD 11\1 HE CITY OF STATE OF TEXAS SCHERTZ, TEXAS ON MAY 13. 2006; MAKING PROVI- SION FOR THE CONDUCT OF COUNTY OF BEXAR I THE ~LECTION; AND , RESOLVING OTHER MAT- TERSINGlDENT AND RELAT- City of Schertz ED TO SUCH ELECTION AND DECLARING AN EMER- GENCY. .... .. Pas_ssdt Approved and Adopled the 2151 day of Feb,ua'Y. 2006... . 3/3 JUdY TOka,. City s""retary Before me, the undersigned authority, on this day personally appeared Hele" ". ~~._, "0 _ by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, a newspaper of general circulation in the City of San Antonio, in the State and County aforesaid, and that the Ordinance 06-E-04 here to attached has been published in every issue of said newspaper on the following days, to wit: 03/03/2006. ~2 y ~d Sworn to and subscribed before me this 3rd day of of March, 2006. - . "fi';:~"';:'::~~\ STELLA A. OROZCO (: \~: NOTARY PUBLIC . V, STATe OF TEXAS ) I" Mf 0011I11I, ..~, 03-l"aoo, ~ A. ()F.~ Affidavit of Publisher STATE OF TEXAS COUNTY OF BEXAR City of Schertz Before me, the undersigned authority, on this day personally appeared Helen I. Lutz, who being by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, a newspaper of general circulation in the City of San Antonio, in the State and County aforesaid, and that the Ordinance No. 06-E-04: Home Rule Charter - English here to attached has been published in every issue of said newspaper on the following days, to wit: 04/17/2006, 04/24/2006. ~l fl ~~ Sworn to and subscribed before me this 24th day of of April, 2006. ~ A. () ;:Jrl;/~ ,~. I:~~.~~"~.~;;~.~ STELLA A. OR. ozeo' =* ~: NOTARY PUBLIC t.~~ -,i STATE OF TEXAS . c~"";!2':~' M1e~mmll!",.!o~.2t'200t Affidavit of Publisher STATE OF TEXAS COUNTY OF BEXAR City of Schertz Before me, the undersigned authority, on this day personally appeared Helen 1. Lutz, who being by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, a newspaper of general circulation in the City of San Antonio, in the State and County aforesaid, and that the Ordinance No. 06-E-04: Home Rule Charter - Spanish here to attached has been published in every issue of said newspaper on the following days, to wit: 04/17/2006, 04/24/2006. ~l fl ~ Sworn to and subscribed before me this 24th day of of April, 2006. _ ~ A ~ () ;:urlj~ I.....v.~... "- lo...t-~ G-1\ STELLA A. OROZCO :: ~: NOTARY PUBLIC \ : STATE OF TeXAS m. MyComm. expo 03-29-2009