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79-E-7 ORDINANCE NO. 79 - E -7 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ORDERING THAT AN ELECTION BE HELD IN SAID CITY FOR THE PURPOSE OF SUBMITTING TO ALL RESIDENT QUALIFIED ELECTORS OF SAID CITY FOR THEIR ACTION THEREUPON CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF SAID CITY, AND PROVIDING FOR NOTICE OF SAID ELECTION, AND DECLARING AN EMERGENCY. WHEREAS, the City of Schertz, Texas, heretofore on April 6, 1974, adopted a Home Rule Charter pursuant to the provisions of Article XI, Section 5 of the Constitution of the State of Texas; and WHEREAS, said City Council now desires to call an election for the purpose of submitting the hereinafter set forth proposed amendments to the existing Charter to the resident qualified electors of said city for their action thereupon, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I That an election be held in the City of Schertz, Texas, on the 7th day of April, 1979, which date is not less than thirty (30) nor more than ninety (90) days from the date of passage of this ordinance, at which election shall be submitted to the resident qualified electors of the City of Schertz, Texas, for their action thereupon, the following pro- positions, to-wit: PROPOSITION NO. 1 Shall Article IV, Section 4~02 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section 4.02 Qualifications: "The Mayor and each Councilman must, at the time of taking office, have attained the age of 21, be a qualified regis- tered elector, and have been a resident of the City for at least twelve (12) consecutive months immediately preceeding taking office, and not be an obligor to the City on any obligation past due, provided, however, that a person may be elected and hold office if such obligation is being actively contested in the appropriate form." PROPOSITION NO. 2 Shall Article IV, Section 4.05 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section 4.05 Mayor and Mayor Pro-Tem: II The Mayor shall be the official head of the City government. He shall be the chairman and shall preside at all meetings of the Council. The Mayor may vote only in the event of a tie. He shall, when authorized by the Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. He shall appoint special committees as instructed by Council; commit- tee membership to be composed of nominees by council. He shall perform such other duties consistent with this Charter or as may be imposed upon him by Council. The ~myor shall not have veto powers. "The Mayor Pro-Tem shall be a councilman elected by the Council at the first regular council meeting following each regular City election and may not succeed himself. 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. II PROPOSITION NO. 3 Shall Article IV, Section 4.07 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section 4.07 Prohibitions: A. Holding Other Office: "No Mayor or Councilman 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. B. "Neither the Mayor nor Councilmen shall dictate the appointment or removal of any City employee when the City tmnager is empowered to appoint or remove. C. "The Mayor and Council shall deal with officers sub- ject to the supervision of the City Manager and employees solely through the Manager." PROPOSITION NO. 4 Shall Article IV, Section 4.09 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section 4.09 Meetings and Procedure: A. "The Council shall meet at least once each month at a time and place prescribed by ordinance. Special meetings may be called by the Mayor, City Manager, or on application of three (3) Councilmen. Written notice of the date, place, and subject of each meeting shall be posted in accordance with State statutes (Article 6252-17, Vernon's Texas Civil Statutes) . B. "Meetings shall be open to t..l)e p1bbl:ic in accordance with State statutes (Article 6252-17 Vernon's Texas Ci vil Statutes) dealing with "Open meetings". C. "Quorum: Three (3) Council members, excluding the Mayor, shall constitute a quorum and no action shall be valid unless adopted by the affirmative vote of three (3) or more members of the Council. D. "Rules of Procedure: The Council shall, by ordinance, determine its own rules 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 Council as may be closed to the public as herein before provided. 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: Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances shall be clearly expressed in the title. Except as may otherwise be prescribed in t..l)is Charter, an ordinance shall not be passed at the meeting of the Council at ,..hich it is first introduced, but instead the ordinance or its caption shall be read, and the Council will determine whether it shall be rejected or further considered at the next meeting of the Council. If rejected, no further action shall be required. If the Council determines that a proposed ordinance shall be further considered, the City Secretary shall cause a short synopsis of the proposed ordinance to be published in the official City newspaper prior to the next regular meeting of the Council, at which time final action may then be taken on such ordinance. Notwithstanding the fore- going provisions, if the 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" s.hall be taken upon the passage of all ordinances and resolu- tions and entered upon the journal of the proceedings of the Council. The affirmative vote of three or more members of the Council is required to enact any ordinance. 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 Council." 1. "Penal Ordinances. Caption or title and penalties of every ordinance imposing any penalty, fine, or forfe.iture shall, after passage thereof, be publish- ed in the official newspaper of the City of Schertz at least one time within fiftenn days after the passage of said ordinance. 2. "Franchise Ordinances. All ordinances gJ:l.anting, confirming, extending, renewing, or amending a franchise shall be accepted in writing by the grantees and before taking effect shall be published as otherwise in this Charter for penal ordinances. 3. "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 printer or publisher shall also be prima facie proof of the publication. Enrollment of an ordinance shall be prima facie proof of its legal adoption and effect. 4. "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 Council deems advisable, and such printed code, when adopted by the Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a news- paper. 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. 5. "Publishing synopsis of Ordinance. For any ordinance not required to be published by the foregoing, the City Secretary shall cause a short synopsis of the ordinance to be published in the official newspaper of Schertz at least once within fifteen days after passage of such ordinance." PROPOSITION NO. 5 Shall Article IV of the existing Charter of the City of Schertz, Texas, be amended by adding Section 4.10 to read as set forth below? Section 4.10 Investigative Powers liThe Council shall have the authority to investigate the affairs of the City and the conduct of any City department, office, or agencYi and, for the purpose may subpoena witnesses, admin- ister oaths, take testimony and require the production of any records or other evidence material to the investigation. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be guilty of a misdemeanor and punishable by a fine of not more than two hundred dollars." PROPOSITION NO. 6 Shall .Article V, Section 5.03 of the existiili;[ Charter of the City of'Schertz, Texas, be amended by adding~subsection J to read as set forth below? J. "He shall keep a written inventory of all real property and all permanent equipment belonging to the City, said inventory to be s'ubject to annual audit. A system shall be established to control the use and replacement of expendable items." PROPOSITION NO. 7 Shall Article VI, Section 6.01 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section 6.01 General Provisions: A. Creation of Departments: "The Council may continue, discontinue or establish city departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies. B. Direction by Manager: "All departments, offices and agencies under t..l)e direction and supervision of the manager shall be administered by an officer appointed by and subject to the direction and supervision of the Manager. With the consent of Council, the Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them. !I PROPOSITION NO. 8 Shall Article VI, Section 6.04 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth belmv? Section 6.04 Judge of the Municipal Court: "The Council shall establish a Municipal Court and shall appoint a Judge of the Municipal Court of the City of Schertz and fix his compensation. Sessions of the Munici- pal Court shall be held at such times as may be determined by the Judge of the Municipal Court. ' The dates of such court sessions and each change thereto shall be filed with the City Secretary. "When the Judge is absent, disabled or unable to perform his duties for any cause, or his office becomes vacant by reason of death, removal or resignation, the Mayor or Mayor Pro-Tem shall be the Judge of said court, or the Council may appoint a special judge of said court who shall serve until the Judge of said court returns to his duties or a successor is appointed and qualified." PROPOSITION NO. 9 Shall Article VI, Section 6.06 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section 6.06 City Secretary "The Council shall appoint a City Secretary and his/her deputy or deputies who shall act as Secretary of the Council and shall hold office at the pleasure of the Council. The City Secretary shall be under the supervision of the City Manager and shall be the custodian of all municipal records and the City Seal. The City Council will set the compensa- tion for the City Secretary." PROPOSITIO~~ NO. 10 Shall Article VI of the existing Charter of the City of Schertz, Texas, be amended by adding Section 6.07 to read as set forth below? 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 and 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 duties including compliance with all controlling provisions of the state law bearing upon the functions of his office in a sum which shall be fixed by the Council, but in no event shall the amount be less than twenty thousand dollars, the cost to be borne by the City. B. Power to Levy, Assess and Collect Taxes: liThe City shall have power to assess, levy and collect annual tax upon taxable property within the City not to exceed the maximum provided by the constitution and la~s of the State of Texas. C. Board of Equalization: Appointment; Qualification: "The Council shall each year prior to the first day of April appoint three residents who shall be registered voters and real property owners as the Board of Equalization. The first meeting of the Board shall be on the first day of Mayor as soon thereafter as practicable. Such Board shall choose from its member- ship a chairman. The Assessor-collector shall be ex- officio Secretary of the Board. A majority of said Board shall constitute a quorum for the transaction of business. Members of the Board while serving shall receive such compensation as may be provided for them by the Council. D. Power of Board of Equalization: "The Board of Equalization shall have the power to: 1. Adopt rules regarding the procedure of assessment review. 2. After its first meeting, reconvene and adjourn from time to time. 3. Review, on complaint of property owners, assess- ments for the purpose of taxation of both real and personal property within the City made by the City Tax Assessor-Collector. 4. Hold hearings, administer oa~~s and take testimony. 5. Supoena all books, documents and other papers pertinent to the investigation of the taxable values of any person, firm or corporation having or owning property within the corporate limits of the City subject to taxation. E. Duties of the Board of Equalization: 1. "The Board of Equalization shall, at its firs t meeting, determine its rules of procedure. It shall then be the duty of the Board to: (a) Examine and, if necessary, revise the assess- ments as presented by t..~e City Tax Assessor- Collector, to the end that all property within the City shall be assessed as fairly and uni-- formly as possible. (b) Hold as many hearings as may be necessary to hear and determine the complaint of any person in relation to the assessment roll. (c) Make adjustment in the assessment roll as it may determine to be necessary. (d) Keep an accurate record of all its proceedings which shall be available for public inspection. 2. "Whenever the Board of Equalization shall find it their duty to raise the value of any property appear- ing on the lists or books of the Tax Assessor- Collector, it shall, after having examined such lists and books and corrected all errors appearing therein, adjourn to a day not less than ten (10) or more than fifteen (15) days from the date of adjournment and shall cause the Secretary of said Board to give written notice to the owner of said property, or to the person rendering same, of the time to which the Board has adjourned and that such owner of other person rendering said property should not be raised. Such notice may be served by deposit- ing the same, property addressed and postage paid, in the local government post office. 3. "Immediately upon completion of its work, the Board shall certify its approval of the assessment rolls, which shall be returned to the Council, who shall thereupon approve the said rolls as returned to it and thereupon adopt the same as the assessment rolls to be used by the Assessor-Collector in com- piling the tax roll or rolls and for the collection of taxes for the current year. F. Taxes, When Due and Payable: "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 first and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as the Council may provide by ordinance. Until the amount of the penalty and the rate of interest have been fixed by ordinance, the penalty shall be eight per cent and the interest rate six per cent per annum. The Council may cy ordinance provide a discount for prompt payment of current taxes. G. Tax Remissions, Discounts and Compromises: "Neither the City Manager not the Council shall have the right to forgive any current or delinquent taxes or penalty and interest except in cases of error." PROPOSITION NO. II Shall Article VII, Section 7.03 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section 7.03 Budget r1essage: "The Manager's 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 financial policies, expen- ditures and revenues, together with the reasons for such changes, summarize t..~e City's debt position and include such other material as the Manager deems desirable." PROPOSITION NO. 12 Shall Article VII, Section 7.04 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section 7.04 Budget Contents liThe budget shall provide a complete financial plan for the ensuing fiscal year. "It shall contain the following: A. A budget message; B. A consolidated statement of receipts and expenditures for all funds i C. An analysis of property valuations; D. An analysis of tax rate; E. Tax levies and tax collections by years for the pre- ceding five years; F. General fund resources and all other fund resources in detail; G. Summary of prop0ged expenditures by function, department and activity; H. Summary of proposed expenditures by character and object; I. Detailed estimates of expenditures shown separately for each activity to support the summaries mentioned in (G) and (H) above. Such estimates of expenditures are to include an itemization of positions showing the number of persons having each title and the rate of pay; J. A revenue and expense statement for all types of bonds; K. A description of all bond issues outstanding, showing rate of interest, date of issue, maturity date, call date, if any, amount authorized, amount issued, and amount outstanding; L. A schedule of requirements for the principal and interest on each issue of bonds; 1>1. A special funds section i N. The appropriation ordinance. "The total estimated expenditures of each fund shall, not exceed the total estimated reso~ces of each fund - prospective income, plus cash on hand. The classification of revenues and expendi- ture accounts shall conform as nearly as local conditions will permit to the uniform classification as promulgated by the national committee on municipal accounting or some other nation- ally accepted classification." PROPOSITION NO. 13 Shall Article VII, Section 7.05 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section 7.05 Council Action on Budget: liThe Hanager shall prepare and submit to the Council a Capital Improvement Program either on his own initiative or when directed to do so by Council. 11 PROPOSITION NO. 14 Shall Article VII, Section 7.06, Subsection. C of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below: C. Adoption: "The Council should adopt the budget on or before the 20th day of August of the fiscal year currently ending. Should the Council take no final action on or prior to such date, the budget as submitted by the City ~mnager shall be deemed to have been adopted by the Council. Adoption of the budget shall con- stitute appropriations of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed." PROPOSITION NO. 15 Shall Article VII, Section 7.07, Subsection D of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below: D. Transfer of Appropriations: "Upon written request by the Manager, the Council may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency, or from departments, offices or agencies. PROPOSITION NO. 16 Shall Article VII, Section 7.08 of the existing Charter of the City of Schertz, Texas, be amended to read as. set forth below: Section 7.08 Purchase Procedures: "The City Manager shall be responsible for the preparation of purchase procedures, which procedures shall be submitted by him to the Council. The Council may accept and adopt such procedures as proposed or may adopt them with such amendments as the Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the procedures and present new proposals at a subsequent meeting. The purchase procedures shall be reviewed at budget preparation." PROPOSITION NO. 17 Shall Article VII ofithe existing Charter of the City of Shertz, Texas, be amended by depleting the existing Section 7.10 and adding a new Section 7.10 to read as set forth below? Section 7.10 Director of Finance; Surety Bond: A. "There shall be a department of finance, the head of which shall be the City ~~nager who shall provide a bond with such surety and amount as the Council may require, except that such bond shall be in an amount of not less than twenty thousand dollars, the cost to be borne by the City. B. Director of finance; Power and Duties: "The City Manager shall have charge of the administra- tion of the financial affairs of the City and to that end he shall have authority and shall be required to: 1. Compile the estimates of revenues and expenditures for the budgeti 2. Supervise and be responsible for the disbursement of all monies and have control over all expenditures to ensure that budget appropriations are not exceeded. Disbursement from the depository bank will require two signatures: 3. Maintain a general accounting system for the City and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agencYi keep separate accounts for the items of appropria- tion, the amounts paid therefrom, the unpaid obligations against it and the encumbered balance, require reports of receipts and disbursements from each receiving and spending agency of the City to be made daily or at such intervals as he may deem expedient; 4. Submit to the Council a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City: 5. Prepare, as of the end of each fiscal year, a complete financial statement and report; 6. Supervise and be responsible for the assessment of all property within the corporate limits of the City for taxation, make all special assessments for the City, prepare tax maps and give such notice of taxes and special assessments as may be required by law; 7. Supervise and be responsible for the collection of all taxes, special assessments, license fees and other revenues of the City or for whose collection the City is responsible and receive all money receivable by the City from the State of Federal Government, or from any court, or from any office, department or agency of the City; 8. Serve as ex-officio City Treasurer and have custody of all public funds belonging to or under the control of the City, or any office, department or agency of the City, and have deposited daily all funds coming into his hands in such depository(s) as may be designated Bv resolution of the Council, as determined by subsection 12 below: 9. Have custody of all investments and invested funds of the City, or in possession of such government in a fiduciary capacity, and have the safekeeping of all bonds and notes of the City and the receipt and delivery of city bonds and notes for transfer, registration or exchangei 10. Supervise and be responsible for the purchase, storage and distribution of all supplies, material, equipment and other articles used by any office, department or agency of the CitYi ll. Approve all proposed expenditures. No appropriation shall be encumbered and no expenditure shall be made unless he shall certify that there is an unencumbered balance of appropriation and available fundsi 12. Negotiate with all bank(s) located within the greater Randolph area, within thirty days from October 1 of each biennium and after advertising for depository bids in one issue of the official newspaper for the bank(s) to serve as city deposit@ry for all available funds except reserve funds, contingency funds, or other special funds for ~onds 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 Council as to the results of his negotiations. The Council shall approve which bank(s) is to serve as the city depository(s) during the next biennium. If the City Manager and the Council determine that a satisfactory depository contract cannot be entered into with the local bank(s), then the City Manager shall advertise in a newspaper of general circula- tion within the greater Randolph area a request for sealed bids by banks to act as city depository for the next two years and the Council shall, prior to December 1st 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." PROPOSITION NO. 18 Shall Article VIII, Section 8.01 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section 8.01 Planning and Zoning Commission: "There shall be a Planning and Zoning Commission, composed of five or more members as determined and appointed by the City Council. Any such Commission shall be responsible for exercising planning and zoning functions as may now or here- after be required or authorized by statutes of the State of Texas or ordinances of the City. Members shall be qualified registered voters, resident of and own real property within the City. PROPOSITION NO. 19 Shall .Article VIII, Section 8.02 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section 8.02 Board of Adjustment: "The Council shall constitute the Board of Adjustment with all the powers and duties conferred in articles 101la through lOllj of the Revised Civil Statutes of the State of Texas as now or hereafter amended." PROPOSITION NO. 19 Shall Article IX, Section 9:.01, Subsection C of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? C. Conduct of Elections: "The provisions of the general election laws of the State of Texas shall apply to elections held under this Charter. All elections provided for by the Charter shall be conduct- ed by the election authorities established by law. For the conduct of city elections the Council shall adopt by resolution all regulations which it considers desirable, consistent with law, and this Charter. PROPOSITION NO. 20 Shall Article X, Section 10.07, Subsection C of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? C. Recall: liThe qualified voters of the City shall have the power to petition for recall of the Mayor or any member of the City Council by name and position. PROPOSITION NO. 21 Shall Article X, Section 10.02 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section lO.02 Commencement of Proceedingsi Petitioners' Committeei Affidavit: "Any five qualified voters may commence initiative, referen- dum 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 t..he 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. Promptly after the affidavit of the petitioners' committee is filed, the City Secretary shall issue the appropriate petition blanks to the petitioners' committee." PROPOSITION NO. 22 Shall Article X, Section 10.03 of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? Section 10.03 Petitions: A. Number of Signatures: "Initiative, referendum, or recall petitions must be signed by qualified voters of the city equal in number to at least 25 per cent of the total number of qualified voters 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 or indelible pencil and shall be dated and followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. The recall petition must distinctly and specifically state the reason or reasons upon which the petition is pre- dicated. C. Affidavit of Circulator: "Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his "presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. "Affidavit shall be in the following format: STATE OF TEXAS COUNTY OF GUADALUPE CITY OF SCHERTZ I, , being first duly sworn, on oath depose and say that I am one of the signers of the above petitioni that I personally circulated the said petition, and each of the signatures appearing thereon was made in my presence on t..he day and date it purports to have been made, and I solemnly swear that the same are the genuine signatures of the persons whose names they purport to be. Sworn and subscribed to before me, this the day of , 1979. Notary Public in and for Guadalupe County, Texas D. Filing Recall Petition: "The recall petition shall be initiated, signed, certified, and filed with the City Secretary within sixty (60) days after filing of affidavit by the petitioners' committee. E. Filing Referendum Petitions: II Referendum petitions must be filed wi thin sixty (60) days after adoption by the Council of the ordinance sought to be reconsidered." PROPOSITION NO. 23 Shall Article X of the existing Charter of the City of Schertz, Texas, be amended by adding Section 10.08 to read as set forth below? Section 10.08 Limitation on Recall: "No councilman shall be subject to recall wi thin six months of his first election to office and no councilman shall be subjected to more than one recall election during any two'- year term in office. A recall election need not be ordered by the Council against any councilman on whom a petition is filed if his term of office is to expire within ninety days after the petition is filed with the City Secretary. PROPOSITION NO. 24 Shall Article XI, Section 11.04 f Subsection D (l) of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? D. (1) 'To prescribe the form of accounts to be kept by each such utility, provided, that if the utility shall keep its accounts in accordance with the uniform system of accounts for said utility prescribed by anyone or more of the following: The National Association of Rail- road and utility Commissioners, the Federal Power Commission, the Federal Communications Commission, the Railroad Commission of Texas, and the Public utility Commission or their successors, such form of accounts shall be considered satisfactory and no change may be required therein. PROPOSITION NO. 25 . Shall Article XII, Section 12.02, Subsection B of the existing Charter of the City of Schertz, Texas, be amended to read as set forth below? B. Penal ties: "Any person who by himself or with others willfully violates any of the provisions of paragraphs A (1) through (6) shall be guilty of misconduct and shall immediately forfeit his office or position upon order of City Manager or City Council. PROPOSITION NO. 26 Shall Article XII, Section l2.04 of the existing Charterof the City of Schertz, Texas, be amended to read as set forth below? Section 12.04 Charter Amendment: 'Amendments to this Charter may be framed and submitted to the electors of the City by a Charter commission in the manner provided by law for framing and submitted a new Charteri by ordinance passed by a majority vote of the full membership of the Council, or by a petition signed by not less than fi ve.- percent (5%) qualified electors of the City. When a Charter amendment petition shall have been filed in conformity with section 10.03 of this Charter, the Council shall forthwith provide by ordinance for submitting such proposed amendment to a vote of the electors. Any ordinance for submitting a Charter amendment to the electors shall provide for submission at the next regular municipal election if one shall occur not less than thirty nor more than ninety days after passage of the ordinancei otherwise, it shall provide for submission at a special election to be called and held within the time aforesaid. 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 in the City. If a proposed amendment shall be approved by a majority of the electors voting thereon, it shall become a part of the Charter at the time fixed therein. Each amendment shall be confined to one subject; and, when more than one amendment shall be sub- mitted at the same time, they shall be submitted so as to enable the electors to vote on each separately. II PROPOSITION NO. 27 Shall Article XII, Section 12.05 of the existing Charter of the City of Schertz, Texas, be amended to read as set . forth below? Section l2.05 Charter Review Commission: "At its first regular meeting in June, 1980, and of each succeeding even numbered year, the Council shall appoint a Charter Review Commission of five citizens of the City. It shall be the duty of the commission to: A. "Inquire into the operation of the city government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the commission shall have the power to compel the attendance of any officer or employee of the City to require the sub- mission of any of the city records which it may consider necessary to the conduct of such hearing. B. "Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. C. "Propose amendments to this Charter to improve its effecti ve application to current condi tions. D. "Report its findings and present its proposed amend- ments, if any, to the Council. The Council shall receive and have published in the official newspaper of the City any report submitted by the Charter Review Commission, shall consider any recommendations made, and, if any amendment or amendments be presented as a part of such report, will order such to be sub- mitted to the electors of the City in the manner provided in section 12.04. "The term of office of the Charter Review Commission shall be three months, and, if during this term no report is presented to the Council, then all records of the proceedings of the commission shall be filed with the City Manager and shall be a public record." PROPOSITION NO. 28 Shall .Article XII of the existing Charter of the City of Schertz, Texas, be amended by redesignating the existing Section 12.05 as Section 12.06 to read as set forth below? Section 12.06 Separability: "If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby." II. That for the purpose of holding said election, the entire City of Schertz, Texas, shall be and constitute one election precinct, and the polling place for the holding of said election shall be at the Schertz Community Center, 1400 Live Oak Road, Schertz, Texas. III. That is hereby appointed Presiding Judge of said election and is hereby appointed Alternate Presiding Judge of said election and said Presiding Judge shall appoint as many resident qualified electors of said City as may be reasonably necessary to properly conduct such election to serve as clerks of said election. The Presiding Judge shall appoint a person fluent in the Spanish language to render oral aid in the Spanish language to any voter desiring such aid at the poll on the day of said election. In the absence of the Presiding Judge of said election, the Alternate Presiding Judge above named shall perform the duties of the Presiding Judge of said election. IV. That the polls of said election shall be open on the day of said election from 7:00 o'clock A.M. to 7:00 o'clock P.M. V. That absentee voting in said election shall be conducted at the Schertz! Community Center, 1.400 Live Oak Road, Schertz, Texas, and the City Secretary is hereby charged with the duty of conducting absentee voting in said election, as required by law. The Absentee Voting Clerk shall appoint a.Deputy Absentee Voting Clerk who is fluent in the Spanish language to render oral aid to any voter desiring to vote absentee in said election who requests such aid. That with the exception of Saturdays, Sundays, and official State holidays, said office or place shall remain open from 8:00 o'clock A.M. to 4:00 o'clock P.M. for the purpose of conducting absentee voting in said election. VI. That the ballots to be used in said election shall be pre- pared in conformity with V.A.T.C.S. Election Code, as amended. , That in the holding and conducting of said election, all voter forms, instructions, and other materials required therefor, including the ballots shall be prepared in such manner that the voters may cast their ballots either "FOR" or "AGAINST" the foregoing propositions: VII. That notice of said election shall be given by publishing a substantial copy of this ordinance, disignated as a notice, on the same day in each of two (2) succeeding weeks in a newspaper of general circulation published in said CitYi the date of the first publication to be not less than fourteen (14) days prior to the date set for the holding of said election. PASSED, ADOPTED, AND APPROVED on this, the day of February, 1979. (SEAL OF CITY) !1ayor, City of Schertz, Texas ATTEST: Ci ty Se cre tary DOBBllVS. HA:lUU:S & GONZALEZ ATTORNEYS AT LAW WILLIAM P. DOBSI NS RICHARD W. HARRIS OSCAR C. GONZALEZ 2200 TOWER LIFE BUILDING SAN ANTONIO. TEXAS 78205 STEPHEN R ALL.ISON ROY W. RICHARD, JR. (512) 223-2641 BRANCH OrrlCE SCHERTZ BANK & TRUST SCHERTZ,TEXAS 78154 (512) 658-4902 February 20, 1979 Mr. Walter Hill, City Manager City of Schertz P.O. Drawer I Schertz, TX 78154 Dear Wal ter: We herewith deliver to you the original and two copies of an Ordinance calling a charter amendment election for the City of Schertz, Texas. Yours very truly, DOBBINS,/IijtRRIS & GONZALEZ // / ~~(C Il ') t'~ri L 1 ( \/ Ricyard W. Harris RWH/kn Herald Publishing Company of Texas MAIN OFFICE 122 E. BYRD UNIVERSAL CITY, TEXAS 781.s (512) 658-7424 NORTHSIOE BRANCH _7 NACO PERRIN SAN ANTONIO. TEXAS 78217 (512) 855.5882 PUBLISHER'S AFFIDAVIT COUNTY OF BEXAR ) STATE OF TEXAS ) I, ThArAsa A. Neville , authorized representative of the Herald Publishing Company, do solemnly swear that the notice, a printed copy of which is hereto attached, was published once a week for 1 consecutive weeks in the Northside/Weeklyl Northwest Herald, a weekly newspaper of general circulation published at Universal City, Bexar County, Texas, on the following dates, to-wit: 1 March A.D. 19 79 c:Q..hOhof.\O, Q . ~ ~ OtJ) HERALD PUBLISHING COMPA OF TEXAS Subscribed and sworn to before me, this c;L day of -.m.~~, 19 1'1. ~r-L-/0Ztl.t1J~~ ) Notary Public in and for Bexar County, Texas SCHERTZ NOTICE: OF EI.ECTlON TO ALL QUALIFIED' F.U:t. TORS OF THE CITY 01- SCHERTZ. TEXAS: ,T AKE NOTICE Ihal a- Cily Council election will he held m said City on SATURDAY/APRIL 7, ]979, by the City of 'Schertz, Texas: I, Said elecl~on shall be fOr'lhe purpose of elecling lhr~ (;) cQuncilrnemhers fAr <;aid City TO serve for a term of 111.'0 (2) years. The Councilmembers are to be elected for p05ilion~ No.3. 4; and 5. respecTively. fl. That any candidate de"iring 10 have his or her name placed on the ofli<:ial ballol of said eleclion shall make applit:3lion therefor i~ accordance with tav.. IH, That all qualified voters of said CilY shall be entit1cd 10 VOle in said election. . 1)', ThaI [he polling place for lhe holding of said election shall be at the Schertz Commumty Cenler. 1400 Live Oak .Road, Schertz. Texas: and the entire City of Schertl_. Texa~. for the'Purpo~e of holding said election. shall be and constitute one munil'iJial election precinct V. Jane..tine K'IQ,pil is hereby appoimed Presidil\g Judge of said election and Adolph Aguilar is hereb'l appointC'd Allernale Presiding Judge Ofl;ald eleclion. V~. T~at absentee >\loTing in said elecllon shall be conducled al Ihe CiTY Hall., 1400, b.'t' Oalo.. Road Schertl, Texas, and lhe City: SC(relary is herell,}' .charged with lhe dUlY uf conducting absentee \loting in said election as required by law. That with~he'eltc.:eption of Saturday", Sundays, and official Slate holidays, th6 City Hall shall remain open from 8-:00 a.m. to 4:00 o'dock p.m. .for the purpose of (ondu,cting absentee voting for saId decllon, VJI. Thatlhe polls of said election on the day of said election ~hall be open from 7;00 (i)'c1ock a,m. to 7:00 o'clock p.m. VIII. That paper ballots will be used in saidclection IlL The notke of said election will be gi....en in accnrdmcc with law. YOU WILL, Ti-fEREFORE TAKE NOTICE of.a1l1he malter~ and facts sel oul in' the' foregoing NotkeofEJccTion, ~'il Ju.ne G. Krause C'TYSECRETARY. City ofScherlz. Texa~ J-fO I J, '30, Cj AVISODEELECCION A TODOS LOS RESIDENTES CON CU:AI:.'IDADES NECF.sARIAS PARA VOTARDELA CIUDAD DE SCHERTZ." TF..JAS: TOME A VISO que una eleccion para COflsejo de la Ciudad lIevara a cabo efl dkha Ciudad el SABADO. A'BRll1, )1l79. par la Ciudad de ScherlZ. Tejas: I. Dicha elecciOlt sera con el proposilo de elegir Ires (3) COfl- scjales para dkha Ciudad para servir par eI tellJlino de dos (2) anos. Los COfTsejalc'i seran elegidos para los puestos Nos, 3,4 y~. respelivamt'Tlle. ". Que cualquier_ candidalo que desee tener su nombre pueslo en la balota oficial para dicha e1eccion, hara solicitud en' acuerdo con la ley; III. Que 10dos los vOlantes con cualidades necesarias de dicha Ciudad tendran el'derecho a vOlar en dicha e1ecciOn. W. Que la casilla electoral donde se lIevara a cabo dicha eleccion sera en eI Centro de,Comunidad en Schertz, 1400 Live' Oak Rd. Schertz, Tejas: y la Ciudad emera de Schertz, Tejas, con el proposito de lIevar a cabodicha eleccion, sera y conSliluita un recinto municipal de e!eceion. v, Janesline Kvapil es aqui nOlllbrado como Jtlez Dirigente de dicha eleccion y ADolph Aguilar es aqui nombrado :fuez Dirigente Allerno de dicha e1eCc10n. VJ. Que d voto absemista en dicha eleccion sera cQnducido en el Ayumamiento de- la. Ciudad (City Hall), 1400 live Oak Road. Schertz, Tejas. y el Secretario de la Ciudad es aqui ~encargado del deber de conduclr el 'I~o ab. ~nlisla en dicha eleccion, como 10 requiere la ley. Que con la ex. cepdon de los sabados, domingos, y dias de fies16 oficiales del estado. el Ayuntamiento de la Ciudad eSlara abieno de !as 8:00 a.m. a 4:00 p.m. con el proposilo de conducir el voto 'absenlista' de dicha elecciOh. ~Il. Que las casillas de dicha eleccior en el dia de 1a. clet(ion eSlara' abiertas de;.de las, 7:00 a.m. a If 7:00p.m, VOl. Que balotas -de papel se usadas en dicha eleccion. ."'. Que a...iso de dicha eleccior dado en acuerdo eon la ley. UD. POR 1:.0 TA TOMARA NOTA de to' asunlOS y faclos presentad anterior A ...iso de Eleccion s/June', , . Secretario de la Ciudad. Ciudad de Sch.~, Tejas ~\() -1 '0 () tir tl I k ~I U v i t:J . I \ ! 'V c/o ~ 0 fi \{' L . ,_," ,,;.- ~f- 3J \<?iO v :+v\ - PUBLISHING CO. OF TEXAS PUBLISHER'S AFFIDAVIT COUNTY OF BEXAR) STATE OF TEXAS ) I, 'l'h ",r",,, ",A l\T",,,ill,,, , authorized representative of the Herald Publishing Company, do solemnly swear that the notice J a printed copy of whioh is hereto attached, was published once a week for 1 consecutive weeks in the Northside/Weekly/ Northwest Herald, a weekly newspaper ot general circulation p:Jblished at Universal City, Bexar County, Texas, on the fol- lowing dates, to-wit: 15 March A.D. , 19.1i. d}lO}{ C{lQ J (1 .~ l ~CQ 9 ' HERALD PUBLISHIN""GCOMPANY OF TEXAS Subscribed and sworn to before me J this /0 day of ilJ D...A....~ J 19 'Jc,. ~~ ?fty-~ ) Notary Public in and for Bexar County I Texas ORDINANa NO, 79.:.1.7 ANO_INANa BYTHE CllY COUNCIL OFTHE CITY OF SCHERTZ, TEXAS. ORDERING THAT AN ELEC. TlON DE HElD IN ~ID CITY FOR THE PURPOSE OF SUIlMITIlNG TO ALL RESIDENT QUALIFIED ELECTORS OF ~ID CITY FOR THEIR ACTION THEREUPON CERTAIN PROPOSED AMENDMENT5 TO THE EXISTING CHARTER OF ~ID CITY, AND PROVIDING FOR NOTICE OF SAID ELECTION, AND DECLARING AN EMERGENCY (1 WHEf\EAS, the City of Schertz, Texas heretofore on April 6, 1'974, adopted 0 Home I\ule Charter pursuant to the provisions of Article XI. ~ctlon 5 of the ,Corntitutlon of the State of Texas; on<! , WHEI\EAS, soid City Council now d€'Sires.ta con an eleoion for the purpose of submitting the hereioaftpr set forth proposed amendments to the existing Charter to the reSident qualified electol'!> of said dtyfor their action thereupon, NOW, THEf\EFOI\E, DE IT OI\DAtNED OY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS. I That an election bE' held in the City of Schertz, Texos, on the 7tt:l (j1?Y of April. 1979, which date is -not less than thirty (3D) nor more thon ninety (90) days from the date - of passage of this or- dinance, at which election sholl be submitted to the resident qualified electors of the City of Schertz, Texas, for their oaion thereupon, the following propositions, to-wit. PROPOSITION NO, 1 Shall Article tV, Section 4.02 of the existing Charter of the City 01 Xheltz, Texas, be amended to reod ossetfolth below? Section 4.02 Qualifications. 'The Mayor ond each Cou.n- d1man must, at the time of taking office. hove attained the age of 21. be 0 qualified registered elector. and hO'ole been 0 reosldent of the City for Q[ least twelve (1 2) consecutive months immediately preceeding taking office, and not be on obligor to me City on any obligatiOn past , due, provided, however, that 0 pefSOI"I mey bE" efe.aed and hold office If such obligation is being oaively contested in the ap- p"'pliote torn." ~C\ PROPOSITION NO.2 ShaN ArtICle IV, Section 4.05 of the exiSting Charter of the City of Schertz. Texas be amended to read as set forth below1 ~ion 4.05 Mayor and Mayor Pro-Tem, "The Mt:Jyor shall be the official heod of the City govemment. He sholl be- the chairman and, sholl plestde at 011 meetings of. the Council. The ivkJyor may vote only In'the i!'vent of 0 tie. He shall. when OIJthorized by the Council. s19n 01 offrcial documents such os ordinances, resolutiOns, con- YE'yClnces, grant agreements., official plots, contracts, and bands.He shaa oppoint !,pedal committees as instructed by Coundll cOmmittee membprship to be composed of nominees- by council. He sholl petfOlTTl such other duties conSistent with this Charter or as may be imposed upon him by Council. The Mayor sholl not,have velo powers. 'ihe Mayor Pro-Tem shall be a councilmen elected by the Council at the flm r69ular council meetingfoHowing €'Och regular City election and may nOI suc- ceed himself. The Mayor Pro.Tem shall oct.. as 'Moy.or- during' the absence or disability of the Mayor, and in chis capacity sholl have the rights conferred upon ,~Moyor." lii1' , PROPOSIT10~NJ. 3 . ShaJl Artfde IV,. Secion 4.El7, SubSKtion ,A of the existing Charter or me Clty of 5chen:, Texas,. be amended to read os setfolth below? SeCtion 4.07 Prohibitions. A. Holding Olher Office, "No 'Mayor or Councilman sholl hold ony o"lher public office or employment With the Ciry nor hove any flnandol interest:. directly or Indlrealy, in ony city contraa or tronso~ion. PROPOSITION NO.4 Sholl Article N, Sectfon 4.09 of the exiSting Charter of the City of SchertZ, Texas. be amended to read os set fotth below? Section 4.09 Mttetings and Procedure, A. 'The Coundl sholl meet at least once each month at a time and place prescribed by or. dlnance: Speclol meetings moy be coiled by the Mayor, City Manager, ar on appUcolion of three (3) Councilmen. Written notice of the date,plcce, .and subject of each meeting shall be posted in accordance with State stotutes (Article 6252-17,. Ver~ non's Texas Civil Statutes). B. "Meetings sholl be open to the public: In accordance with Stote Statutes (ArtIcle 6252-17 Ver- non's Texo. s CIv~ Stotutes) d~Ung wlth"O~nmeliJtlngs'.. )1.1l.,:) C. ''Quorum, Three C~ 'COUncil membeB, excluding the Moyor_ sholl constitute Q quorum Qnd no action sholl be valid unless odapted by the. affirmative VOte of three (~) or more members of tne Council. D. "RuJes of Procedure, The ::ooncll sholl. by ordinance, ::letermlne Its own rules and ::ll'l::ler of business, provided, ~wever, mot lhe Citizens of the- :ity sholl hove' a reasonable ~pportuMy to be heard at any neeting with regard to ony notter relevant to the govern- neot af the'City except at such neetlngs of the Council as may ~e closed to the public as herein :)efore provided, Provision shall ~e mode for the taking of 'nInuces, whiCh minutes sholl be a ~ubllc record. Voting, except pn ~rocedura.1 matters, sholl be by '011 coU ond the ayes and nays ihallbe recorded In the minutes. ;, "Passage of Ordlnance-s. Qr- ::tlnonces ond resolutions sholl be mroducei:l to the City coundl only n wr!tter:\..or' printed form. The .ubj&a or subjects of, all or- '/nonces sholl be d&orIY ~x- ::>I...HtKIL dinonces sholl be, "OE IT' 'OR- DAINED Dr THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:" and every ordinance sholl be authenticated by the signoture of the Mayor and the City Secretary and sholl be ,systemarically recorded and indexed in on ordinance book in 0 manner approved by Council." :.!:1q 1 "Penal Ordioonces, COptkm or title and penalties of every or. dinonce imposing any penalty, fine, or forfeiture shall, after posso9@ thereof. be published in the offlciOr newspaper of the City of 5cherQ at Ieost one time within fifteen doys after the passage of sod ordinance. 2. "Franchise Ordinances. All ordinances grontlng. confirming, extending renewing, ,or amending a franchise sholl be accepted in writing by the grontees and before taking effect shail be pubiished as otherwise in thiS Charter for penal ordinances J "Effective date. Every or- dinone passed by the City Council shall be enrolied by the City 5ecretary os soon os proc ticable after its pasSage. If the ordinance was published, he or she shall note [he time and pJace of publication which shall be prima facie proof of publication thereof, The affidavit by primer Of publisher sholl also be primo facie proof of the publication. Enrollment of on ordinance shall be prima facie proof of its legal adoption and effect 4, "Codification of Ordinances. The. City .Cauncil sholl hove the, poweno cause the ordinantes of the City to be corrected, amended, revise-d, codified and printed in code form 05 often os the Council deems advisable, and such printed code, when odopted'by the Council. sholl be In full force and effect withOUt the necessity of publi5hing the some or any port thereof in a newspaper. All printed or- dinances or codes of ordinances shall be admitted as evidence in all courtS without further proof, and shoji have [he some force and effect as did the original ordinance. ~ ~~ ' ~. "Publishing synopsis- of Or. dinance For any ordInance 'not required 10 be published by. the fore-gOing, rhe City Secre~ary sholl cause a sholt synopsis of. the ordinance to be published in the official newspaper of 5chelU. at least once within fifteen days after passage of such ordinance." Pf\OPOS1TION NO\ 5 Shall Article iV of the exi5l:ing Charter of the City of Schettz, Texas, be amended by adding Section 4 10 to read as set forth below? Section 4.10 Invesligotive Pow€'rs 'ihe Counel sholl hove the authority to investigate the offa Irs of the City and the conduCt of any City deportment offlcoe, 01 agency; and, for the purpose may subpoena wim€'s.ses, ad. minister oaths, take testimony and require the praduaion of any records or other evidence motellal to me investIgation. Any person who foils or refuses to obey a lawful order issued in the exercise of thpse powers by the Council sholl be guilty af 0 misdemeanor and punishable by o fine of not more. than t'lHO hundred doltol'5\" PROPOSITION NO.6 Shatl Article V, Section 5.0n of the existing Charter of the City of Schertz. Texas, b:e ameonded by adding subsection J to read asset faith below1 J "He shall keep a written in. ventory of all real property arid all permanent equipment belonging to the City, said in- vent~ry to be subject. to 'onnl,lQI audit. A system sholl be established to control the l;jse and replacement af expendoble items." Section 6.07 Tax Assessor- Colleo-or A. Office of Taxation, 'ihere shall be established (In Office of Taxation, the head of which sholl be the City Assessor and Collector of Taxes. This office sholl be filled by appointment by the City Manager. The Assessor- Colle<:tor sholl give 0 surety bond for the fa ithful performance of hJs duties Including compliance with 011 controlling provisions of ,the stote law beallng upon the functions of hi!. office it'! 0 sum which sholl be fixed by the Council. bUt in no event sholl the amount be les.s than twenty thousand dollars, the cost to be bome by the City D_ Power to Levy, Assess 000 ColleaTaxes, c. 1", ~:J r 'ihe City shall hove power to assess, levy and collect annual tox upon taxable property within the City not to exceed the moxinum provided by the constitution and lows of the State ofTexas. C. Doord of Equalization: Ap- pointment; Qualification, 'ihe Council sholl eoch yeor Pfior to the first day of April apppfnt three resident$ who shall be registered VOte-rs and . real propelTy owners os the Board of Eqvolization. The first meeting of the Doord sholl be on the first day of May Of 05 soon thereafter as proctlble. Such Ooord sholl choose fram its membership a chairman. The Assessor-collector shaR be ex.afficlo Secre-tal}' of the Boord. A majority of said Doord shalf constitute a quol\Jm for the tronsaaion of business. Members of the Boord while serving sholl receive such compeosorlan os may -be provided for them by the CouRdI. D. Power of Oaard of Equalization, "The Doard of Equolizmlan shall have the power to. 1. Adopt I\Jles regarding th~ procedure at assessment review 2. After its first meeting, rec0n~ vene and odJoum from tirr:'e -(0 time, 3. Review, on complaint of ~~~~~~n~rs~_ ~.~~~~:.n~ !?! SCHERTZ A. Creallon of DepartmentS 'The Council may continue, discontinue or establish city departments, offices or ogencies in additIOn to those created by this Charter ond may prescribe me functiOns. of all departments, offices and agencies." PROPOSITION NO.8 Shall Article VI, Section 6.04 of the existing Charter of the City of 5cheltz, Texas. be amended to read as:set forth below? Section 6.04 Judge of the Municipal Court; 'The Council shall estoblish a MuMicipol Court and shaD appoint a Judge of the Municipal Court of the City of 5cheltz and fix his compensation. Sessions of the Municipal Court shall be held Ot such times os may be determined by the Judge of the. Municipal COUrt. The dates of sum court sess.lons and each change thereto sholl be filed with the City Secretory. \ ~: 'l.\ -...... '" "When the Judge is absent. disabled or unable to perform his duties for any cause, or his office becomes vacant by reason of death, removal or reSIgnation, the Mayor or Mayor Pro-T emshall be the judge of said COUrt, or the Coundl may OrlPoint 0 spiE'Cial judge of said court who sholl selVe until the Judge of soid court returns to his dutIes ora successor Is appoimed and qualified," PROPOSITION NO.9 Sholl Article VI, Section 6.06 of the existing Charter of the City of Schertz, Texos, be amended to read os set forth below? Section 6.06 City Secretary 'The Council shall appoint 0 City Secretory and his/her deputy or deputies who shoji 00 as Secretory of the Council and shall hold office at the pleasure of the Council. The Ciry Secretory sholl be under lhe supervision of the City Manager and shall be the OJstodfan of all municipal records ond the City Seal. The City Council will set lhe compe-nsation for the City Secreta/y:' PROPOSITION NO.. 1 0 Sholl Article VI of the existing Chorter of Ihe City of Schertz.. Texos, be amended by adding Seclion 6.07 to read as set faith below? (bl Hold as many hearings. os may b€' necessol}' to hear and determine the complaint of any person In relation to the osses.sment roll (c) Make odjusrrnent In the assessment roll os it may dplermine to be necessory (d) Keep an aca.Jroti:' record of 011 its proceedings which $haJl be available for public inspectiol).~. :'5'Oi.J 2. "Whenever ~. "'BoOrd of Equolization shall find it their duty to raise the value of any:property appearing on the hsts or books of the Tax Assessor.Collector, it sholl, after having examined such 11sts and books, ond corrected all e<<ors appearing therein. adjourn to 0 day not less than ten (1 Q) or more than fifteen (1~) days from the dote of ad- journment ond. sholl causa the Secretory ot said Board ta. give written notice to the owner of sold property, or ra the pefSQn rendering some, of the time [0 which rhe Board has adjourned and that such owner of other person rendenng said propercy should not be raised. Such noace maybe seNed by depositing Ihe same. propeny addressed and postage paid, In lhe locol govemmenr post office. a "lrTVT'Iedlately upon com. pletiOn of ItS work, the -Doard shall certify its approval of the assessment rolls. whidl sholl be returned to the Councir,~ho sholt thereupon approve the said ro'IIs 05 returned to it and thereupon odoPI the some as the assessment rails to be used by the Assessor-Colleoor in com. piling the lax roll or rolls ond for the colleaion of tax€'S for the current year. F. Taxes, When Due and Payable, "All ,toxes due the City shall ,be payable Ot the Office- of the Assessor-Collector and. may be paid at any time after the tax rolls fOf the year have been completed and approved, which shall be not lacer than OCtober first. Taxes shall be paid Qoefare February fl/"5t and all such taxes not paid pllor ta such date sholl be deemed delinquent and,sholl be subject to such penalty ond interest as the Council rrioy provide by ordinance. UntJ~ the amount of the penalty and the race of interest have been fJxed by ordinance, the. penalty sholl be eight per cent and the fnlerest rate six per cent per annum.,The Council may by ordinance provide 0 discount for prompt paymennt of current taxes. G. Tax RemiS51ons, Discoun[S and Compromises: "Neither .the City Manager nat the CounCil sholl hove the right to forgive any current or delinquem taxes or penalty and interest except in cases of errar5 b 7: PROPOSITION NO. 11 ShaJI Article VII. SectiOn 7.03 of the existing Chorter of the CIly of Schertz, Texas, be amended to read as set forth betow? Section 7.03 OudgetMeooge 'The Monage(s messogll' shall outline the proposed. financial policles of the City for the ensuing tiscal year" describe the im- portant features of the budget, indicate any major chonge5 from the current year In financial policies, expenditues and revenues. logether with the reasons for such chaflges, summarize the City's debt position and indude such other ~~ter~~1 ~,s the Manager deems penditure5 shown separately fer each activity to support the SlJmmaries mentiOned In (G).ond (H, obove. Such estimates af expenditures are to indude on nemizatlon of positlans showing- me nl.tmber of persons having each title and the rote of Poyl J. A revenue and expense stater:nentforoR rypes of bOnds: K. A de5(riptlon of 011 bond issues OUtStanding, showing rote of interest date of I~e,. molUl'ity date, call date. if any, amount authorized, amount Issued, and amount outstanding: l. A schedule of require-menrs for the plincipal and intereston eoch Issue of bonds; M. A special funds-sectlon: N. The appropriation ordinance, "The lotal estimated ex- penditures of each fund shall not @xc:e.ed the lotal 'estlmclled resources of each fund prospective income, plus cosh on hand. The classification of revenues ,and expenditure accounts sholl conform os neal1y os local conditions wlU permit to the uniform dassiflcotion as promulgated by the notional cammittee on muniCipal ac- counting or some other notionally acxepted classification." 5 ':J , ' PROPOSITION NO. "3 Sholl Article VII, Seaion 7,05 of the existing Charler af the City of Schertz, Texos, be amended to read as set faith below? Section 7.05 Capital 1m. provemenl Program 'The Manager sholl prepore and submit to the Council 0 Capitol Improvement Program either on his own initla[ive ar when direoed to dose byCouncU." PROPOSITION NO, 14 Shall Article VII. Seaion 7.06, Subsection C of the. .existln9 Cholter of the Ciry of Schertz. Tex05, be amended to read os set forth belOw, C_AdoptiOn: 'The Council 5hould adopt the budget on or 'before the 20th day of AU9USl. of the fiscal year curre-ntly ending, Should the CounCil take no final action on or prior to such dote, the budget os submitted by the City Manager sholl be deemed to hove been adopted by the Council. Adoption 01 the budget sholl con~ritute approprknions 0' tlie- amounrs speatied therein os expenditures from the funds indlc;ated and shall constitute a levy of the property tox therein proposed, " PROPOSITION NO 15 Shoil Micle VII, Seaion 7.07, Subsection D of the., .existing Charter of the- City of SchE'ttz, Texas, be amended to read os set forth below: D. Tronsferof Appropriations "Upon written reqU€\Sl by the Manager, the Counc!1 may tronsfer port or all pf any unencumbered appropriation balance among progroms wilhin a depattment, office ar ogency, or from deportments, offices or ogende'. 7 c "i- PROPOSITION NO. 16 Sholl Article VII, Sealon 7.08 of theexlstlog Ch(;mer ~f JhA.qt1..at Schertz, Texas, be amended 10 read os set forth belaw, Sec,tion 7.08 Purchase Procedures, 'ihe City Manager shOll be responsible for the pre-porotian of purchase- procedures,' which procedures sholl be submfaed by him to the CounciL The Council may accept and adopt sud1 procedure5as propo!red. or may adopt them .wlth such. omend- ments os the CouncH deems necessary or may rejea them in their entirety and direct, the City Manager to further consider the procedures and pre5ent new proposals 01 a subsequent meetfng. The purchase procedures sholl be reviewed at budget preparation." PROPOSITION NO. 1 7 Shall Article VII of the existing Charter of the City of Schertz, Texas: be amended by depleting the existing Secllon 7.10 and adding a new Sealon 7.10 to read os set forth belaw? Section '7,10 Olreaor of Finance; Suretyl300cL A. 'There sholl be a deportment of flnonce, the head of which shall be the City Manager who shall provide a bond wilh such surety and amoum as the Council moy requite. except thOt such bond sholl be in an amount of not less lhon twenty thOU50nd dollars. the cost te:? be bome by theCicy. B. Director of finance, Power and Duties. 7/f'7 'The City MaOOger shall have charge ~f the administration of the finonclol affairs of me City and to that end he sholt hove authority ond sholl be required to, 1. Compile the estimates of revenues ond expenditures for the budget. 2. Supervise ond be responsible for the disbursement of all monies and hove control over 011 expenditures to ensure- thol budget appropriations ore not exceeded. Disbursement, from the de-po'sitorybank will requIre twa signolUresi :.}, Moinlain 0 general accounting system for the City and each of its offIces. departments and ogencles, keep books for the exerd5e finoncial bu~torv SCHERTZ 6. Serve as ex-officio City Treasurer and hove custedy of 011 public funds belonging to or under the control of the City, or any office, department or agenCy of the City, and hove deposited doily 011 funds coming into his hands in such depository's) as moy be deslgootedby resolution of the Council. as de,termined by subsealon 12 be-low; ,-:;. /~ .~ L~ '\-:" ../ 9, Have cuSfody of aU in- vestments end Invested funds of rhe- City, or In possession of such government In a fiduciaty capaci~y. ond have the :Safekeeping of all bonds and notes of the City and the. receipt and delivery of cicy bonds ond notes for tronsfer, l'€'9istratiOn or exchange: 10. SUpeNise and be responsible for the purchase, sW'rege ond distribution of 011 supplies, moterial, equipment and other articles used by any office, deportment or agency of the City; 11. Approve 011 proposed ex- penditures. No apprapnatlon shoJi be encumbered' and no expenditure shall be mode unles he shall certify rhot. there is on unencumbered bolonce of approprlotiOn and available funds, 12. NegOtiate with 011 bonk(s) located wfthin the greater P.ondolph area, within thirty days from October 1 of each biennium and after advertisi'og fa r depOSitOI}' bids In one is~e of the official newspaper for the bonk(s) ro seNe os city depository far 011 avo Hable fuodsexcept reserve funds, conrlngency funds, or orher spetiol funds far bonds for the next twa years. or until such tim-e as the successor depositoryCs) has been 6elected. The City Manager sholl.toke into cansiderotion in such negotlalions the most favoroble Imerest rotes that can be ob- tained in the Jmerest of the Ciry on,certlflcates of depOSit tor funds Invested, and also on funds borrowed, The City Manager sholl also tOke Into consideration the seNices offered by the prospective depository(s) in serving the banking needs af the City. and shall make 0 recom- mene!atian to the Council as to the results of hiS negotiations. The Council shall approve which bonkCs) 1$ to 5e'Ne as 'the city depository(s) during t~e next biennium. If the City Monoge.r and the Council determine that 0 SOtisfoctory depositO!)' contraCl tannot be entered InlO with (he local bonk(s), then the City Manager sholl advertise in a newspaper af general circulation within the greater Randolph ar~a a request for sealed bids by books to 00 os dty depository for the next two yeats and the Council shoD, prior to December 1 st of each biennium as stated obove. selea one of the banks to serve os city deposirory The bank(s) thar has been selpcted to be the City depositoryCs) sholl hove adequole ~CUrity pledged at all times to protect 011 city funds. ,. ? ,? r;1 (1 , PROPOSITION NO. 16 Sholl Article VIII, Section 8.01 of the existing Charter of me City of Schertz, Texas, be amended to readossetforth below? Section 6.01 Planni'ng ond Zoning Commissian, 'There shall be a Planning ond Zoning Commission, composed of five Of more members os ,deteremined, Qrd appointed.by the City Coul1CiL Any such Commission sholl be responsible for e-xerdsing planning and zoning functions as may now or hereatter be required or autharized by stoMes of the Stale of Texas or ordinances of Ihe City. Members sholl be quallfied registered Voters. resident of and own real property within the Oty . PROPOSITION NO. 19 Sholl Artlde VII. Seaion.8.02 of the existing Chorter of the City of Schertz, Texos, be amended to read as set forth below? Section 8.02 l30ard of Ad- justment 'ihe Council sholl constitute the Board of Adjustment with 011 the powers and duties conferred in articles 10110 throogh1011) af the Revised Civil Statules of the State of Texas as now or hereotter amended," PROPOSITION NO, 19 Shall Alticle IX, Section 9,01, Subsection C of the existing Chalter of the Cicy of Schertz, Texas, be amended to read os set fonh below? g 3/ c. ConcIua of Elecions.. 'The provisiOn! of the, generol election laws of the ~tote of Texas shall apply to election held under this Charter. All ~lectians. provided for by the Charter shall be conduaed by the e1eaion outhoriUes established Iby low F' or the conduct of city .elections the Council sholl odopt by resolution aU regulations which it can~ide/"5 desiroble, consistent with law, and this Chorter. PROPOSITION NO. 2D Sholl Altide X, 5eaiQn 10.01. Subsection C of the existing Chorter,of the City of 5chercz, Texas, 'be amended to read os serforth below? C. Recall, 'The qualified VOters of the City sho' hove the power to petitlQn for recall of the Mayor or any member of me City Council. by nome ond po~cion. PROPOSITION NO. 21 5holl Article X, Sealon' 1 0.02 of the eXiSting Chimer of me Clry of Schertz, Texos, be amended to reod as 5et forth below? Ie In number ta at least 25 per cent of the total number of qualified Voters regIStered to vote. ot the last re-gular City election. D, Fofl'T1 and Content, "All papers of 0 petition sholl be uniform in size one! style ond shall be assembied os one instrumeOl for filing. Each signolUre shall be executed in Ink or indelible pencil oncl sholl be doted and followed by the address of 'the person signing. Petitions ~II cOOlaln or hove atroched thereto throughOut their drculotion the full text of the Qrdinance proposed or sougDt to be reconsidered. The recall petition must dislinCtly ond .specificolly state the reason or reasons upon which the petition is prediCated. C. Affidavit of Circulator, "Eoch paper of a petition sholl hove attoched to il when filed an offldavit exec:uted by the cir- culator mereof stating thot he personally circuloted the paper, the number of signatures thereon, thot all the signatures were affixed in his presence, thai he believes them to be the genuinl;tsignorures of the pers.ons whose names they purport to be and that e'ach signer hod on DpjX)ftunity before singing to reod the full teXt of the ordinance propased or sought to be reconsidered "Affidavit sholl be in the following fOlTTlat, STATEOFTEXAS COUNTY OF GUADALUPE CITY OF SCHERTZ 1. . being first duly sworn, an oath depose> and soy that I om one of the Signers of the above petition; that I personally cir. OJloted the said petition, and e-och of the slgnatures.appeoring thereon wos made In my presence on the day and date it purportS to have been mode, and I solemnly swear that the some ore the genuine signotures of the persons whose nome5they purport to. be_ /6 p.., Sworn and subSCribed to before me. this the dayof_, 1919. Notal)' Public in and for Guadalupe County, Texas D. Filing Recall Petition, 'The recall pelition shall be i/"litiot~d, signed, certified, and filed with me City SecretaI)' within slxty (60). days after fiiing of affidavit by the petitioners' committee. E. Filing Referendum Petitions, "J\eferendum petitions mUSI be filed within SIXty (60) days after adoption by the Council ot the ordinance sought co be recon- Sidered." PROPO~TlON NO. 23 Sholl Alticl~ X of the existing Charter of the City of Schertz. Texas, be amended by adding Sectlan 10.08 to read os set forth below? Section 10.08 Umitation on R<,<all. ;.::/'71 "No councilman shall be subject to recall wirhin SIX months of his first election to offiCe and. no councilman sholl be subjected to more than one recall election during any two-year term in office. A recall election need not be ordered by the Council again5l: any counciiman on when) a petition,s filed if his lerm of office is to expire withi(1 ninety days ofter the petitiOn fs filed with the City Secretory PROPOSITION NO. 24 Sholl Article XI. SectIon 11.04. Subsection 0(1) of the exi~ting Charter of the City- of Scheltz. Texas. be amended to read os setfotth below? 0, (1)"'Ta pre-$cribe the form of aCcounts to be kept by ~och such utility, provided, that if the utility shall keep its accounts in ac. cordance with the uniform system af o<caunts for soio utility prescribed by anyone or more of the fallOwing: The Notionai AssOciation of f\oilrood ant:! Utility Commissioners, the F:ederal Power Commission, the Federal Communicotions ~ Commission, the Raiirood CornmiS6ion of Texos. ond the Public Utility Commission or their successors, such form of accounts sholl be con~dered satisfactory and no d'lange may be required therein PROPOSITION NO, 2 S Sholl Atticle XII. SectIOn 12,02, Subsection D of the existing Charter of me City of Schertz, Texas, be omended .ta read os set forth below? D. Pe""ltie'. 1/:5 3 "Any per.son who by himself or with others wilfully violates any of the proviSions of parographs A (1) throtJ9h (6) shall be guilty of misconduct ond shall Im- mediately fodeit hi!> office or position upon order of City Mangger or City Cauncil. PROPOSITION NO. 26 Shali Attlcle XII. Sealon 12.04 of the existing Charter of the City of Schertz, Texos, be amended to read os set folth below? 5eetion 12.04 Charter Amend. ment, "AmendmentS to this Charter may be framed and submftted to the- eleaors of the City by a Chaner commission in the manner provided by law for framIng and submitted a. new Charte.r: by ardinonce passed by o majority vote of the. full membel:Ship of theCouncil,~or by a petition signed by not less than fi~e-percem (5%) qualified SCHERTZ reod os set forth below? 5ection 12.05 Chotter P.eviev. Commission, / ;. (.3 "At its first regular mP€'ting Ir June, 1980, and of eam suc. ceeding even numbered year the Council Sholl appoint c Charter f\eview Commission al five citizens of the Cily, It sholl be the duty of the commission to, A. "Inquire into the operation 01 the City govemment:' under the Charter provisions and determine whether ony such provisions require revision and to this end, public heorings may be held and the commission shaH nave the power to compel the ottendance of any officer or employe of the City to require the submission 01 any of the city records which it may consider necessal}' to the conduct of !oUch hearing o "Make ony recommendations it considers desirable to i05Ure compliance with the provisions of this: Chatter by the :several deportmenl:s of the City. C. "Propose amendments to this Charter to improve its effective applicQ[ion to current conditions D. "Report its findings and present irs proposed amend- ments, If any, to the Council. The Council sholl receive- and hove published In the official newspoper of the City ony re-pon submitted by the Charterl\eview Commission. shall consider any recommendations mo~ and, jf any amendment oromendment5. be presented os 0 port of such report. w"f order such to' be submitted to the electol'!> of the City in the manner provided In sect'an 12.D4. / ;. t./ (, 'The term of office of the Charter I\evlew Commission sl1o11 be threp months. and. If during this term no report is presented to the Council, then 011 recard3, of the proceedings of the commission shall be. filed with. the- City Manager and sholl be 0 public record." PROPOSITION NO. 28 Shall Article XII of the existing Charler of the City of Schertz, I Texas, be amended by redesignOting the existing, Section 12.0505 Seaion 12.06 to read asset forth below? Section 12.06 SepOfOblJity, "If any provision of this Chorter Is ' held Invalid. the other provisions of the Charter sholl not. be af- fected thereby If the application of the ChartE'r or any of its provisions to ony person or cir. cumstances is held involid. the opplicotfon of the Charter ond its provisions to other pe.rsons or circumstances sholl not be of- fected thereby." II. Thai for the purpose of holding said election, the entire City of Schertz. Texas, shall be ond constitute one eleclion precinct, and the polling place for the holding of said election sholl be at the Scheftz Community Center. 1400 Live Oak Rood, Sc;hertz, Texa. / ff <;; !'I 111. That Jonestine KvoplHs hereby appointed PreSiding Judge of said election and Adolph Aguilar is. hereby appointed Allemote PreSiding Judge of said election and sold Presiding Judge shall app~_int as many resident qualified ele<tors of said. Cll)' os may be reasonably necessary to properly conduct such election to seNe as clerks of soid eleCtion. The Presiding Judge shaJl appoint a person fluent in the Spanish ionguage to render- orell, aid In the Spanish language. 10 any voter desiring such aid at the poll on the day of said election. In the absence of the Presiding Judge of said election, the Altemote Presiding Judge above named sholl perform the duties of 1he Presiding Judge of soid ttlecoon. IV. That the polls of sakl election sholl be open on the day of soid eleaian from 7,00 o'clock A.M. to 7.00 o'clock P..M. V. That absentee voting In said electIon sholl be condUCted at the ScheftZ Municipal Duilding 1400 Uve Oak f\ood, Scheortz, Texas. and the City Secreta'Y is hereby chorged with the duty of concluaing absentee VOting In SOld election, as_ required by low. The Absentee VOting Clelk sholl appoint 0 Deputy Absentee Voting Cleli<l who Isfluem in the Spanish language to render oral aid to any voler desiring to vote absentee in soid election who requests such aid That with the exception of Saturdays. Sundays, and official State holidays, said office Of place shail remain open from 8,:30 o'clock A.M. to 4,30 o'dock P.M. for the purpo5E' of conducling absentee vo~ 1n said election. J 3 ,~ S VI. Thot (he ballots to be -used In said election sholl be prepared In conformity with V.A.T C.S. EI,ectionCode, os amended. That in the hording and conduaing of said eleCtion, all voter. forms, instruCtions, and other moterials required ther€'far. Including the ballots shall be prepored in such manner that thE: VOlers'may cost their ballo[S either "F.01\'. or "AGAINST" the foregoing propositions, VIr. That notice of Said election shall be given by. publishing a substantial copy .af. this or- dinance, designated as a notice. on the same day in- eac;h of. two (2) succeeding weeks in a npwspaper of general drcuJation published in said Cityl the dare of Ihe fil'!>t publkation to be nat less than fourteen (14) daY!r prior to the dOle set for lhe holdino of OffiCe If sUch- ;;bligation is being oaively contested in thE' op- propoote form," ~ :.:\, PROPOSITION NO 2 Sholl ArtIcle IV, Section 4.05 of the existing Charter of the City of Schertz, Texas be amended to read os 5et forth below? Section 4,05 Mayor and Mayor Pro-Tem: 'The Moyor sholl be the officiol heed of the Cicy govemmenc. He sholl be- the chairman and-shall preside at 011 meetings of the Council. The Moyar may vote only In the event of 0 tie. He sholl, when authorized by the Council. sign aM officiO I documE"nts such as ordinances. resOlutiOns, con- veoyonces. grant ogreement~. officiO I plou. conuocts, and bondS.He sholl appoint special committees os instructed by (cuncH: committee membership to be composed of. nominees. by council. ,He shall pefform such other duties consislent wirh this Cholter or os may be imposed upon him by Council. The Moyor sholl not.hovE' veto powers, "The Moyor Pro-TefT'l ~holl be 0 councllmon elected by the Council at the first regular coundl meeting following each regular City election and. moy not suc- ceed himself. The Mayor Pro. T em sholl oct os 'Ml:Jyor' during' the absence or disability of the Moyor, ond in thi~ copocity sholl have the nghts confl?n"l?d upon the-Moyor." 1&;1' PROPOSITION NO. J Sholl Article IV, Seaion 4.07, 5ubse,ctiQn A of the e.isting Chorter of Ehe City of )chert.;, Texas, be omended to read as ~t forth below? Sectlon4.07 Prohibitions, A, Holding OlherOffice "No Mayor or Councilman shaH hold any omer public office or employment with the City nor hove any finonciai interest, directly or indirectly, in any city contract ortronso~on. PP.OPOSITION NO.4 Sholl Article IV, Section 4.09 of the existIng Chorter of the City of xhertZ. Texas, b& amended to read asset faith below? Section 4.09 Ml;::ecings and Procedure, A, "The Council sholl meet at least once each month at 0 time ond place prescribed by or. dinance. Special meeting~ moy be called by the Mayor, Clcy Manager, Of on application of three (3) Councilmen. Written 'narlCe of the doce.ploce, . and 5Ubject of each meeting ~hall be poSted in occoroance with State ~tOrutes (Artlde 62.52-17. Ver- roon.s Texas Civil Statutes). B. .'M!etings sholl be open co the public in accordance with State Statutes (Article 6252-1'7 Ver. non's Texas Civil Statutes) detillng with "Openmeedngs". \L\~ C. "Quorum, Three (:J1-Council members. exduding the Mayor, sholf constItute Q C1uorum and no aaion shall be- valid unless adopted. by me. affirmative vote of three (.:)) or more members of , the Coundl. D. "fWles of Procedure, The Council shalt, by ordinance. determine Its own rules and order of business, provided, however. that the dtizern of the City sholl hove. a reasonable opportunity to be heard at any meeting with regqrd to any matter refevont ta the govern. ment of the City except at such meetings of the Coundl os may be closed to, the public os herein before provided. Provision sholl be made far the taking af mlnutes. which ml~tes sholt be 0 public record. VO[ing. except pn procedural matters. sholl be -by roll call and me ayes and nays shall be recorded In the minutes. E. "Passage of Ordinances, Qr- dtnonc:es and resolutions sholl be IntroducEid to the City council only in written. or printed form. The subject or subjects of all or- dinances shoD be deariy ex. pressed in the- title. Except os may oche.wlse be prescribed, In this Chatter. on ordinance sholl not be passed at the mee"ting'of the Council at which It Is fIrst in. troduced, but Instead thE' or- dinance or its caption shaH be 1'&Cd. and the COul"lCfI will detennlne whether It shoH be rejected or futther cansidered Qt the next ryleetlng of the<oundl. If rejected. no, futther action sholl be required. If the Council determInes tho( 0 proposed ordinance sholl be further con- SIdered, the City Se-aetol)' sholl couse 0 short synopsls of the proposed ordinance to be published 10 the- offlclOl Clty newspoper prior to the ne-xt regular meeting of the Councll,ot whk:h time final oalon may &hen be token on such ordInance, Notwlhstoncllng the foregoing provi~lons. It the ~ncIl, by 0 vote of not Ies& than two-thirds of the members present at the meeting at which on ordinance is first Introduced. determInes that ~n emergency exists reCluiring Immedlote oaion, such or- dinance may then be voted upon on rejected Of passed at that meeting. The "ayes" and "nayS' .sholl be IOken upon 1he P05509" of 01 ordinances and resolutions ond, entered upon the journal of 1he plOceedng. 01 ih& Council. The offltmotlve vote of three or lTIO:re members of the CouncH Is. .r&qulred to_enacxony omlnence-. The> enoctIng clause of on or. otter passage at sucn Ordinance PROPOSITION NO.5 5-hall Artide IV of the existing Chatter of the Ciry of Schertz, Texas. be omended by adding Section 4,10 to read os set fotth below? 5-ection 4 10 Investlgotive Powers, '1he Council sholl hove the authority to investlgme the affairs of the City and the conductof any City depottment. offlGe. 01 agency, and, for the purpose may subpoena wime5Se~, ad minister oaths. toke te~tlmOny and require the production of any records or other evidence mmeriol to the investigation. Any person who foils or refuses (0 abeya lawful order issued in the exercise of these powers by the Counc::il shall be guilty of a ml0emeanor and punishable by o fine of not more. then twO hundred doilor';o' PROPOSITION NO.6 Sholl Article V. Sewon 5.0n of the existing Chotter of che City of Schertz. Texa~, be amended by adding subsection J to read as set forth below? j ..He shall keep 0 wfitten in- ventory of 011 real propeity and 011 permanent equipment belonging to the City, said in- ventory to be> subje<:t co 'onnua) audit' A ~ystem shall be e~toblished to control the "'se and replocement Qf expe:ndable items," Section Collecror 6.07 Tax Assessor- A. Office of T axalian. 'There sholl be e!.tablished \!In Office of Taxation, the head of which shall be the City Assessor and Collectar of Taxes. This office sholl be filled by appointment by the City Manager. The Assessor- CoUector sholl give 0 surety bond for the faithful performance Qf his duties including compliance with 011 controlling provisions of ,the ~tate low bearing upon the functions of his office in 0 sum which shall 'be fixed by thE' Council. but in no event sholl the amount be less than twenty thousand daUa~. the coSt to'be borne by the Cicy. 13, Power to Levy. Assess and Collect Taxes "? 5 'f 'The City sholl hove power to assess, levy and collect annual tox upon taxable property wlmln the City not to exceed the maximum provided by the constitution and lows of the State ofTexas. C. Boord of Equalization: Ap- pointment: Qualification: 'The Council shall each year prior to the first day of April appplm three residents who sholl be registered voteI'!> and ,real property owne~ os the Goard of Equalization. The first meeting of the Boord sholl be on the fi~t day of Mayor os soon thereafter os praclible. Such Boord sholl choose from its membel!>hlp 0 chairman. The Assessor-calleaor sholl be ex-officio Secretory of the Boord. A majority of said Boord sholl constitute 0 quorum for the transaction of bu~iness Membe~ of the Boord while serving shall receive such compen~ation a~ may .be provided for them by the CouAdI. D. Power Equalization: of Goard 'The Ooord of Equalization sholl have the power to, 1. Adopt rules regarding ~e procedure of assessment review. 2. After Its flr~t meeting. recon' vene and odjoum from time'tO time. 3. Review, on complaint of property owners. ossessments for Ihe purpose af taxation of both real and pe~nol property within the City made by the City Tax As.sessor-Callecto'r. ~ C} 5 4. Hold hearings, administer oaths and taketeStlmony. 5. Supoeno 011 books, documents and other pope~ pertinent to the Inve~tigotion of the toxo~ volue~ of any person. firm or corporation having or owning property wkhin the corpcrote limits of the City subjeCt to taxation. E. Duties of the Equatlzoclon, 'The Ooord of Equalization sholl. at its first meeting. determine its rules of procedure. It sholl then be the duty of the Ooardto, Boord of (0) Examine and, If necessary, revise the assessment~ os presented by the City Tax Assesso,..Collector, to the end that 011 property within the City sholl be assessed o~ fairly and unlforrnlyasposslble. J11 '1 PROPOSITION NO.7 Shon ArtIcle VI. Sealon 6.01. Subsection A of the eXiSting Charter of me City of Schertz. Texas, be amended to reod os 5e't faith below? Sectlon6.01 Gene-rol P.rovlSiOns, I...r1Orter or me uty or xnertz, Texas. be amended by adding Section 6.07 to read o~ set farth below? (b) Hold as many hearings a~ may be necessary to hear, and determine the complaint of any person In relation to the assessment roll (c) Make odjus<rl1ent In assessment roll os it detJ'?OTIine to be necessory. (d) Keep an accurote record of 011 it~ proceedings which shall- be availabie for public Insp'ectio'1~ 5C,-, 2, "Whenever the Boord of Equalization sholl find it their duty to raise [he value of ony-property appearing on the lists or books of the Tax A~sessor,CQllector, It shaN, ofter havirig. examined such iistS and books and corrected all errors oppeonng therein, adjourn to a day net less thanten(1 0) or more man fifteen (15) doys from the dote of ad. journment and shall couse ~e Secretory Qf ~Old Ooord to, gIVe written notice to me owner of said property. or to the pel'SOn rendering some, of the time to which the Board hos adjourned and that such owner of other person renderin9 said prope,rty shouid not be rOlsed. Such notlce may be served by depoSiting the some, property addressed and po~toge paid, in the locol govemment pose office 3. "Immediately upon com. pletion of its work, the -Daore! sholl certify its approval of the assessment rolls. which shall be returned to the Cauncil,who sholl thereupon approve the said rolts a~ returned to it and thereupon adopt the ~ome os the a~sessment rolls to be used by the ~essor-Calleoor In com. p1iifl9 the tax roll or roUs and for the collection of taxes for the current year F . Taxes. When Due and Payable, '.Alltaxes due the City sholl ,be payable at Ihe Office of the Asse~sor-Collector and may be paid at any time after the tax roUs for the year hove been completed ond approved, which sholl be not iater thon Oaober first. Toxes shall be paid Qefore February fj~t and 011 such taxes not pold prior to such dote sholl be deemed delinquent and sholl be subject to such penalty and Interest a~ the Council may provide by ordlnance.UntU the amount of the penalty and the rote of interest have been fIxed by ordinance, the. penalcy shaH be eight percent and thE' interest rote six per cent per annum" The Council may by ordinance provide 0 discount for prompt paymenm of current taxes. G. Tax !\emIssions. DI~count5 and Compromises, of "Neither the Cicy Menage-r not the Council shall have the nght to forgive any current or delinquent taxes or penalty and interest exCePtincose~oferror5b r PROPOSITION NO. 11 Sholl AtticJe VI!. Section 7.00 of the exi~ting Chorter of the City of Schertz. Texas. be amended to read as,setforth betow? Seaion 7.0:) OudgE!'t Message, "The Menoger's message sholl outline the proposed financial policies of the City for the ensuing fiscal year, descnbe the 1m- pottont features of the budget, indicate any mojor changes. fram the current year In flnonclal poliCies, expenditues and revenues, together with the reasons for such changes, summarize the City'~ .debt position and indude sudlorher moteriol os the Manager deem~ desirable .. PROPOSITION NO. 12 Sholl Atticle VII, Seaian 7.04 of the existing Charter of the 'ley of Schertz. Texas, be amended to read as ~et forth below? Section 7.04 Budget ContentS "The budget ~holl provide 0 complete financial pian for the ensuing flscalyear. "It shaR contain the following, A. A budget message-; 59C: B. A consolidated, statement af receipts and expenditures for 011 fundSr C. An Anyfysls .of property valua- tions: D An analysis ohox ratel E. Tax levies ond tax collectlans by years. for the preceding five years; F. General fund resol:Jfces and aU Qtherfund resources,in detalh G. Summary of proposed ex- penditUres by funaion. depalt. menc and activity; H. Summocy of proposed pendltures by charooer object; Detailed esc:jmCite~ of ex- the may ooY' or AUgust or me,tlSCQI year currendy ending. Should the Council toke no fino! actiQn Qn or prior to such dote, the budget as submitted by the City Manager sholl be deemed to hove been adopted by the CounciL Adoption of the budget sholl constitute appropriations of the amounts. specified therein os expenditures from the., funds indicated and shoji constitute 0 levy of me property tox therein proposed:' PROPOSITION NO. 15 Sholl Article VI!. Seaian 7_07. Subsection 0 of the' .exiSting Choner of the City of Schertz. Texas. be amended to read os set fonh below, D. Transfer of Appropriations "Upon written request, by the Manager, the Counc.11 moy transfer port at all ~ any unencumbered appropriation balance among progrofTl$ within a depaltment, affice or agency. or from departments., offlC€'$ or agencie~. 7 C 'i-. PROPOSITION NO.16 Sholl Article VII. Sec:tion 7.08 of the existing Chprte! of ,t~ '-lty...Gf Schenz. Texas. be amended to read os~etfon:h belaw: Section Procedure-s; 7 08 Pur.chase "The City Manager shOll be responsible for the pre-porotion of purchase procedures, which procedures sholl be submiaed by him to the Council. The Council may, accept and adopt such procedures os propased Of 'may adopt !hem .wkh such- amend- ments o~ the COlIna! deem~ nece$Ory ar may reject- them in their entirety and dire-ct, the City Manager to fulther consider the procedures and pre-sent new propose Is at 0 subsequent meeting. The purchase procedures shall be reviewed at budget preporation " PROPOSITION NO. 17 5-holl Article VlI of the existing Charter of the City of Schertz. T exa~. be amended by depleting the exl~tJng Section 7.10 and adding a new Section 7 10tareadas~cforthbelow? SectIon 7 10 Director of Finance; Surety Bond: A. '1here sholl be 0 deportment of flnonce. the head of which sholl be the City Manager who sholl provide 0 bond with sum surety and amount os the Council may requIre. except ~at such bond shall be in an amount of not Ie~ than twenty thousand dollars, the cost to be bome by the City B. Director of flnanee; Power and Duties: 7117 'The City Manager sholl hove charge of the administration of the fioondol affairs of, thl> Cky ond to thOt end he shalt hove authority and shall be required 10. 1 Compile the estimateS of revenues and expenditures for ,the budget; 2. Supervise ond beo re~nsible for the disbursement of all monies and hove cancrol over 011 expenditures to ensure that budget oppropriatians ore not exceeded. Olsbul'5emenr, from the depository bonk will require twO signatures. ~. Maintain 0 generol aCCounting system for the Ciry and each of its offices, departments and agencies: keep books for dle exercise financial budg.etoty control ovel each offiCt!!'. deportment and agency; keep separate accounts for the Items of appropriation, the amounts pold merefrom, me unpolel obligations against It'and the encumbered bOOnee, require reports of receipts and dlsbur. sements from each recelvihg and spending oger"lCf of the City (0 be mode dolly or ar wch intervals os he may deem expedlentl 4. Submit to the Coundl 0 monthly stotemelll: of otllecelpu ond disbursement!. In suffiCient derol ta show the exQO finondol condition of the City, 5. Prepare, os of the end of t'OCh fiscal )"&ar, a complete financial statemencond report; ex- and 6. Supervise and be responsIble far the a~ssment of 011 pl'Operty within the corporate limits of the City fOI toxadon. make 00 spedol assessments for the Cicy. p~re tax maps and give- wch not1ce. of taxes and specIal t>>seSSments os moYbereQUlredby'7;9 1 7. Supervise and be responllble for the collealon of 011. taxes. special assessments, license fees and other revenues afthe City or for whose coUecdon lhe. CIty Is responsible and receive' oR money receivabte by the City from the State of .Federal Goverrvnem. or from any court, OIftom any office. deportment or agency of the City; LOunei! snail approve wnich bonkl.S) is to' serve os ,the my d~positOlY{s) during tt;lE: next bie-nnium. If the Cicy Manager ond the Cquncil determine tho( 0 satisfactory depository controct connot be entered Into wilh the local bonk's). then the Cicy Manager sholl advertise in 0 newspoper of genera i circulation within the greaterR.andolpharea a rl'Quest for sealed bids by bank~ to oct as ciry depOsitory for the ne.t two years. and the Council shali. pnor 10 December 1 st of each biennium a~ stated above, select one of the bonks to serve os city deposito!)' The bonk(s) that has been seleoed to be the city depositary(s) sholl have adequate security pledged at aU time~ to protect all clcy funds." ~ .~! r;' i' PROPOSITION N9. 18 Sholl Artkle VIII, 5eccion 6.01 of the existing Charter of the Clty of Schettz, Texas, be omended to fead os set fotth below? Section 6.01 Plonni'ng Zaning Cammi~~ion, "There sholl be 0 Plonrllng and Zoning Commission, composed of five or more members as ,dete1'emined ond"oppointed by thto City Council. Arry such CommMion shaP be responsible for exercising planning and zoning functions as may now or hereafter be required or aumarized by st:atutes of the Stote of Texa~ or ordinances c:if (he Clcy. Members sholl be qualified registered voters. residem of and ownreol pfaperty within the City, . PROPOSITION NO. 19 Sholl Article VII. Section. 8.02 of the existing Charter of the City of Schenz. Tex~ be amended (0 read os set foi'th below? 5-ectlan 8,02 Board of Ad- juStment, 'The Council sholl consti~ute the Board of Adjuwnent with 011 the powers and duties conferred In artides 10110 through1011j of the Revised Civil 5-totu[es of the 5tace of Texas os now or hereafter amended ,. Pl\OPOSrTION NO, 1 If Sholl Attic!e IX, Section 9,01, Subsection C of the exl~ting Chan:er of the City of Scheu. Texas. be amended to reod o~ set'althb~ow? . CjSl c. Canduo of ElectiOns, 'The provi~ians of the, generol election lows of the Stote of Texas sholl apply to election held under this Charter. All elections provided far by the Charter sholl be conducted by the election outhorilies established ,by low. For the <onduct of city .elecrions the Coundl sholl adopt by resalution 01 regulations which It considers desirab!e, consistent with low. and this Chorter. PROPOSITION NO. 20 ShoJI Article X. Section 10.01. Subsectian C of the existing Cholter ,of the City of Schertz, Texas. be amended to, read os set faith below? C. RecoU. 'The quolifled vote~ of the City sholl hoVE' the power t6 petition for recall of the Moyor or any member of the City Council b,y nome and po5ition. PROPOSITION NO. 21 ShoJI Attlcle X, Sealon.10.02 of the existing Charter of the City of SchertZ, Texas, be amended to read os set forch below? Section 10.02 'Commencement of Proceeding~1 Petitioners' Commiaee1 AffIdavit, "Any five qualified Voters may commence initiative. referendum or reco.ll proceedln~ by flUng with the CIty Secrerory on of- fldaYlt ~rotlng they will corutitute the pelltlO/llefS' Committee and will cifOJlote .the pe;titlan and file it In proper fotm Slating their names and addresses, and specifying the address to. which all notices to the committee ore to be sent and-setting our. in fI.lll the proposed initiative ordinance or citing the ordfnonce sought to be feconsldered. The affid'Wlt far recall mu~t distinctly, and spedfl,calty stOle the reason or reasons for which the pelltion for recall b predJCOted. Promptly ofter the affidavit of. rhe petitIoners' committee Is - filed. the CIty Seaetol'f sholl Issue the oppropriote petition blanks to the petitionel'$' committee." I PROPOSITION NO. 22 ShaN Article X, Section 10.003 of the existing Chorteor of the City of Schertz. Texas, be amended to read os set folth below? Seafan 1 0.03Pedtlons, A. Number of Signatures, /(ffJ '.Inltlative, referendum. or ,ecoll petitions muSt be Signed by qualified voters of ~ citY eQuol day af_, 1 979. Notary Public in and for Guadalupe County, Texas D. FlUng Reca II Petition: "The recoil petition sholl be initlafed. signed. cettified, or:=' filed with the Crty Secretory within sixty (60) days aher fi.li.ng of affidavit by the petitioners' committee. E. Filing Referendum Petitions .'Referendum petition~ mus[ be filed within Sixty (60) days after odoptlOn by the Council of the ordinance sought to be recon- sidered." PROPOSITION NO 2J Sholl Article X of the eXiSting Chaner of the City of Schertz, Texas, be amended by adding Section 10.08 to read a~ set forth below? and SeCllon 10_08 Llmilatian on Recall; /C7'! "No councilman sholl be subject to recall within six months of his first electiQn to offICe and. no councilman shail be subjected to more than one recall election during any two-year term In office. A recall eleaion need not be ordered by the . Council agolnsl any_ ~~uncilmon on whom a petition IS flied If hiS term of office i~ to expire withi(l ninety dO)'$ after the petition ~s filed with the City Secreta"! PROPOSITION NO, 24 Sholl Alticle XI. Section 11.04. Subsection 0(1) of the exi~ting Charter of the Cicy. of Schertz. Texas, be amended to read os ~et forth below? D, (1)' "T 0 pre~rlbe the form of accounts to be kept by ~ach such utilicy. provided, thot it the utility sholl keep itS accountS in ac. cordoncewith the uniform system of accounts far seid. utility prescribed by anyone ormo(e of the following, The Notional Association of I\oilroad and Utility Commis~lone~. the F.ederol Power Commission. the Federal Communicalion~ ' Commission. the Railroad Commission of Texas, and the Public Utility CommiS!>ian ar their succe~ar~. 5Uch form of accounts sholl be considered satisfactory and no change may be required therein PROPOSITION NO. 25 ShaH Attide XII. Sectlon 12.02. SubseClion 0 of th~ eXisting Chotter of the City of Schertz. Texas. be> amended .ta reod os set fatth below? B Peno';.,. //3 3 "Any person who by himself or wkh others willfully violates any of the pravi~lan~ of paragraph~ A (1) through C6} sholl be guilty of misconduct and shatl im. mediacely forfeit his office or position upon order of City Manqger or City Council PROPOSITION NO 26 Shall Atticle XU, Section 12.04 of the existing Cnarter of the City of 5chettz, Texas, be amended to reO<fossetfotth below? Section 12.04 Charter Amend- mef)t "Amendments to thi~ Charter may be framed and submitted to the electon of the City by 0 Chorter commission In the manner provided by low for framing and submitted a. new Chorter, by ordinance po~sed by o mojonty vote of the full mernbeoop of -the Council, or by o petitlan signed by not less than five. percent (5%) qualified eleaors of the City When a Charter amendment petition sholl hove been filed in con. falTTlity with section 10.03 of this Chafter. the Concil sholl forthwith provide by ordinance for- 5Ub- mlt:tlng such proposed amend- ment tQO vote of the electors Any ord Inonce for submitting 0 Charter amendment to the ""Iecto~ shaU provide for sub- mission at the next regular municipal election If one sholl occur not less than thirty nor more than ninety days after passage af the ordinance; otherwise, it shall provide for submission at 0 special election to be called and held withln'the time aforesoid. Not less than thirty days prior to such eleaion the City Secreto shalt make available 0 copy of me proposed amendment qr amendments. to each qualified voter in the City. If 0 proposed amendment ~holl. be approved by 0 mojonty of the electolS voting thereon. it sholl become, 0 pelt of the Charter ot the time fixed therein. Each amendment shall be confined to one subject; and, when more than one amendment sholl be submitted at the some time, they shoJI be submitted so os to enable the electors to vate on. each seporate~ " JlCfb PROPOSITION NO,. 27 Sholl Altlcle XII. Sealon, 12,05 of the exIstIng Charter of the City of Schertz. Texo~. be amended to Section 12.06 Separability: "If any provision of this Charter i held invalid. the other provis.ion of [he Charter sholl not be of fected thereby. If the appllco~ior of the Charter or any _of it, provisions to any person or cir cum stances i~ held invalid. thE application of the Charter and It provisions to Qther pe'l'Sons a circumstances sholl not be of feoed thereby" II. That for the purpose of holdln~ said election. the e-ntlre City 0 Schenz. Texos. sholl be one con~titute one election precina and the polling place for thE holding of .sold election sholl bE Q( [he Schertz Communiry Center 1400 live Ook P.ocd, 5-chertz Texa~. / J- i5'-( III. That Janestine Kvopil'ls here b) appointed Presiding- Judge 0 said election and Adolph Aguila is hereby appointed Alternate Presiding Judge of said (>Iectior and soid Presiding Judge shal appoint os many res,iden! quailfled eiectors at said. CIty a! may be reasonably necessoty tc properly conduct such eleaion tc seNe a~ c1erk~ of said e-lection The Pre~iding Jud9€' sholl appoinl o pel}Qn fluent in the Sponis~ language to render oral' aid ir the 5-panish language- to 01'1) Voter desinng such aid at the pet on the day of said election. In the absence of the Presiding Judge of said election. the Altemote Presiding judge above named sholl perform the duties of the Presiding Judge of said ~Ie-ction. N That the poils of soid election ~hall be open on the day of soid election from 7,00 o'clock A.M. to 7,00 o.c1ock P.,M. V That absentee vaclng In soid elE:'Crion sholl be conducte-d at [he Schettz Municipal Building 1400 Live Oak P.oad. Schl?rtz. Texas, and che City Secretory is hereby charged with the duty of conducting absentee vOling In soid election. as reCluired by low. The Absentee Voting OeF1\ ~holl appoint 0 Deputy Absentee Voting Cle~ who is fluent 1M the 5-panish language to ~ender oral aid to any voter desinng to vote absentee in said election wha requests r.uch aid. That with the exception of Saturdays, Sundays, ond official State holidays, said office or place sholl remain open from 8,30 o'clock A_M. ta 4,30 o'clock P.M. for the purpose of conductin,g absentee vo~ in said election. ;,.3 ,3 s VI. That the baliots to be ,used in said election sholl be prepored In conformity with V.A.T.C.S. EI,ection Code. a~ ame-ncled. Thee in the holding and concluc:ting of said election. 011 voter. forms, in~tI1Jctians, and other mmeriols required therefor, including the ballots ~haU be pfe-pared in such manner that tNt voters ,may cost their bollQts either "FOR.' or .'AGAINST" ,the foregoing propositions VII That notice at solei ejeCtion shall be given by, publishing 0 substontiol capy .of thl~ or- dinance, designated os a notice. on the same doy il1'each of.two (2) succeeding 'Weeks in 0 newspoper of general circulation published in sold City; the dote of the first publication to be not less thon fourteen (14) day!> prior to the dote set for the holding of said election. i 3~ d- VIII. The public importance of this measure constitutes and creates on urgent publiC necessity requiring that this ordinance Is accordingly pa~sed a~ on emergency measu~.' and sholl take effect and be In farce Im- mediately upon and oher Its pa5S0ge. PASSEO, AOOPT-EO, AND AP~ PROVED thIs the 20th day of FebRJary, 1~79. I\obert'c'Bueker Mayor, CltyafSchertz. Te)ljQS PUBLISHING CO. OF TEXAS PUBLISHER'S AFFIDAVIT COUNTY OF BEXAR) STATE OF TEXAS ) I, Therese A. Neville , authorized representative of the Herald Publishing Company, do solemnly swear that the notice, a printed copy of which is hereto attached, was published once a week for 2 consecutive weeks in the Northside/Weekly/ Northwest Herald, a weekly newspaper ot general circulation p:.Jblished at Universal City, Bexar County, Texas, on the fol- lowing dates, to-wit: March 15, & 22, A.D., 19 79_. ~~~IsQNbl~~tA~\r) OF TEXAS ~ Subscribed and sworn to before me, this l30 day of ~ rz;x~~ 2~If'._L-ll / Notary Public in and for Bexar County, Texas 19 '11-. Sholl Article> IV, Sec(ion 4.09 of lhe ex15(lng Chorter of Ihe Clry of Schertz, T exas, ~ ameondect to read asset fortn below? Seaion 4.09 Mt:etings and Procedure, A. 'The CoUncil sholl meel 01 least once ead'l momh at 0 time and place prescribed by Of. dlnooce. 5pedol meetings moy be c:oHed by the Moyor, Ciry Manoger. or on appOcotion of lhree (3) Councilmen. Wrllten ~tion ~.04 Judge Oflhe notice of the dote.plca!', and Municipal Coun, subject of eoch meeting sholl be posted In accordance with Store statutes (Anlcle 6252-17, Ver. non's Texas Civil Stotutes). D. "Meetings sholl be open to the- public In accotdonce with Slate StaMes (ArtiCle 6252.17 Ver. non's Texas Civil Statutes) dealing wilh "Open meetings"'. C, "Quorum, Three (J) Council membelS. ..xdudlng the Mayor. $hall COnstitute Q quorum ond na oaion sholl be \lOUd unless adopted by the.afflrmatlve vote of Ihree (.:)) or more membe~ of 'When lhe Judge is absent, meCoundl. diSobled or unable to perform his D. "!\ules of Proceclure, The duties fOf any couse, or his office Council sholl. by ordinance. becomes vacont by reason of determine its own rules. and death. removal or resigllOtion. order of business. ptOvided, theMa~ororMayorPro.Temshall however, thai the <:Itlzens of the be ~ Judge of !.OI~ court, or lhe City shaD hove'a reosonable Counol mey appoint a special I Judge- of said COUrt who sholl opportunity to be heard at any serveuntJltheJudgeofsaidcouft meeting with IVgard [0 any r&tums 10 his dUlles or 0 successc.. matter reJeyam to the govem. Isappolntedondquahfied." ment of the City except Ot !ouch PI\OPOsITION NO.9 meetings of the Council os m~y be closed to the- public os hereoin before pfO\lided, Provislan sholl be mode for !he taking' of minutes, which m1nute-s shall be a publle: r.cord. Voting, except on procedural tnOtteoB, !.hall be by Section~,O~CitySecretary roD caD and the ayes ond nays snoll be recorded In me minutes.. E, "Passage of OrdlnOnces, Or. dinenc:..s. and resoludons shan be introduCed to the City council only In wdtten or printe'd tom. The ~~~__ or_,- ~J:cts of ~II or. .~NO.7t..-7 AN ORDINANU DY THE CIA' CoUNCIL OF THE CITY OF SCHERTZ, TEXAS, ORDERING THAT AN ELEC- TION BE HELD IN SAID CITY FOR THE PURPOSE OF 5UllMmING TO ALL RESIDENT QUAUFIED ELECTOI\5 OF SAID CrTY FOR THEIR ACTION THEREUPON CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF SAID CrTY, AND PROVIDING FOR NOTICE OF SAID ELECTION, AND DECLARING AN EMERGENCY. WHEREAS, thf: City of Schertz. Texas heretofore on ApIIl 6, 1974, odopted a Home Rule Chofter pursuant to th" proVisions of Atticle. XI, Section 5 of the Constitution of the State ofla)las, ond WHEREAS. soid City Council now desires to caK an ele-alon for the pu'pose of submitting the hereinafter set .tofth proPOsed omendmenlS to the existing Chalte-r 10 the resident qualified ele<:tors of said city far their octlon lnereupon. NOW. THEl\EfORE. BE IT OI\DAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, I That an election be held in the CityofSdlertz, Te-xes, onlhe 7th doyof April. 1Q79, which dale is not less than thirty (.:to). nor more- than nine-ty (90) days from the date - of possoge of this or. dlnance. at whld"t elealan shall be submitted co the resident qualified e-Iectors of the City of Sd'leftz. Te)los, for chelr oaion thereupon, the faHowing Prop05l11ons, to-wit, PROPOSITION NO.1 Sholl Anicleo IV. Section 4.02 of the existing Chaner of !he Ciry of 5chel'tZ, Texas. b@ amended to read as sel forth below? Section4.02 Quollflcatians., "The Mayor and each Coun. Cilman mvst. at the time of taking office. hove altolned the age of 21. be 0 quoJlfled registered elector. and haVE' been a residenl of the City for Ot Ie-Ost ewelve '(12) COl"'lSKUtive months immediately preceedlng taking office. and not be- on obligor to the City an ony obligation pOst due. provided. however, that 0 person may be eleCted and hold ortice if :such obligation Is. being aalvely contested in the ap- proprio Ie fotm." PROPOSITION NO.2 Sholl AJtic~ rv. Section 4.05 of the existing Cholter of the Ctty of Xhel'tZ. Texos be amended to read os set forth below? 5ection 4.0~. Mayor and Mayor Pro-Tem, 'The Mayor sholl be the officlol head of the City government. He shall be me chairmen and sholl pt'esid. at oU meetings of the Council. The Mayor may 'late only in the event of a tie. He shan. when outhorized by the COUncil. sign oR official documents such as ordinances. re50lullons, c:on- VE"yonces, giant agreements, official. plats, comrom, and boods.He $hen oppolnt special committees as loscllJaed by COund!; committee membeBhip to be e:omposed of nominees by "council. He sholl perform such other dutie~ consistent with this. Chorter or 05 may be Imposed upon him by Coun<:iI. The Moyor snail not hove veto powers. "The Mayor Pro.Tem sholl be a councilman eleaed by the- Council at the fiB[ regular council meeting fodowing eoch regular Cicy election and may not suc- ceE"dhlmseff. TheMoyorPro.Te.m sholl act os Mayor during the obsence or d!SObility of the Mayor, and in this capocity sholl have the rights conferred upon ;~ht-;MoY.or. " PROPOSITION NO. J Shall Article IV, Section 4.07, Subs.eaian A of the eXis.ling Charter of the Cicy of Schertz. Texas, be- amended to read os set forth below? Sectlon4.07 ProhibitiOns, A. Holding O[her Ortlce, "'No Mayor or Councilman sholl hold any olher public office or employment wkh tM Cicy nor have any financial Interest, directly or indlrecdy. in any city controa or lroroo~lon. PROPOSITION NO.4 ")l.Ht.KIL dH'lOnces sholl ~, "BE IT OR- DAINED BY THE CrTY COUNCIL OF THE CITY OF SCHERTZ. TEXAS:' and every Otdlnance sholl be autMntlcOted by the slgnarure of the Moyor and tne City Secretory and sholl be systematically re-COrded and indexed in on ordinance bocll in 0 manner approved by Council:' 1. "Penal Ordinances, Capllon or titteo ond pe-oolties of every or. dlnance impo!.lng any penalty, flne, or forfeiture sholl, after oo~ge thereof. be publl!.hed in the offlclol newspaper of thl!!> City of Schertz oc least Onl!!> time within fifteen days oher the p05$CIge of said ordinance-. 2. "Francnise Ordinances. All ordinances gramlng. confirming. extending. renewing. or amending 0 franchise shall be acCE'pted In writing by the gral'll:ees and before toking effect sholl be published os othelW'ise in this Charter for penal ordinances :). "Effective dote [vel')l or. dlnane passed by the- City Council shall be enrolled by the City Secretory os soon os prac- ticable after lIS passoge. If the ordinonc:eo wos published. he Or she !.ha' note the lime and ploce of publlcotlon which s.holl be prima facie proof of publkotion thereof. The offldavlt by printer or publisher s.hall also be prima fade proof of the publication. Enrollmem of on ordinance shall be prima facie proof of its legel adoption and effect. 4. ~Codl'fica(jon of Ordinances. The City Councif sholl hove the . power 10 e:ouse the ordinances of the (lcy to be correctE'd. amended, revised. Codified and printed in code form as often os rhe (ouncll deems advisable. and such printed code. when odoptecl by the Council. sholl be in full force and effea wllhout the necesslcy of publishing the some- or any part thereof In 0 newspaper. All printed or- dinances or codes of ordinances sholl be Odmitled as evidence in 011 courts without further proof. and sholl hove the !.Ome force and effect as did !he Original ordinance. 5. "Publishing synopsis of Or. dlnance. For any ordinance not required to be published by the foregOing, the City Secretory sholl couse a short synopsis of !he ordinance co be published in lhe official new!.poper of Schertz Ot least once within fifteen doys ofter possage of such ordinance." PROPO~TION NO. S Sholl' Article IV of the existing Charter of the City of Schertz. Texas, be omended by adding Section 4.10 10 read as set forth beJow? Section 4.10 Invesligalive Powers, 'The Council sholl hove the authority to Inve51igole the- affoirs of me Cicy and the condUCt of any City deportment. office. or a~ncy, and. for the purpose may subpoena wilnessE'S, ad. minister ooths, toke testimony ond require the produoion of any records or other evidence moteliol to the InveSElgallon. Any person who foils. or refuses to obey 0 lawful order issued in the exercise of these powe-rs by the Council sholl be guilty of 0 misdeffll?Onor and punishable by o fine of not more than ewo hundred doHo~." PROPOSITION NO.6 Shall Article V. Seaion 5.0~ of lhe existing ,Chafter of !hE" City of Schenz. Texas. be amended by adding subs.ealon J to read as set forth below? J. "He sholl keep 0 written in- ve-ncory of 011 re-al property and all pe,manent equipment belonging to the City. said in. ventory to be- subject to annual audit. A system $hall be estobll!.hed to control the u~ and repSacemenl of expendable items" PROPOSITION NO.7 Shall Article VI. SeCtion 6.01, Subsection A of the existing Chorter of the City of Schertz, Texas.. be amended 10 read os 5e't forth below? Seaion 6.01 General Provisions A, Creation of DeportmentS '1hf. Council moy COntinue. diSconllnue Or establish city departments, offices or agencies in addillan to tnose crE"oted by Chis Chorter and may prescribe the fUnclions of all departments. offices and agencies." PROPOSITION NO.8 Sholt Article VI, Seaion 6.04 of the existing Charter of the Cicy of Schertz. Texas., be amended to read as set forth below? 'The Council shall estobli!.h 0 MuniCipal COUrt and shall appoint o Judge of the Munlc'pal COUrt of the Ciry of ScheItZ and fix his compensation. Sessions of the Municipal Court sholl be held at such times as may be determined by the Judge of the Municipal COUrt, The dates. of such COurt sessions and each <hange thereto sholl be filed with the City Seoaeto'Y. Shall Article VI. Seaion ~.06 of the eXiSting Charter of the Cicy of XhPltz. Texas. be omended to reodassetfarth below? lhe Council sholl appOint 0 City Secre-tory and his/her deputy or deputies who snoB aa os Secretory of lhe Council and sholl hold office ac the pleasure of the Council. Th. Citv ~n".tnlv ~",...II SCHERTZ pointment: QualifiCation, 'The Council shall each year prior to the first day of April appoint three 'esidents wno shall be reglstl!!>re-d voters and real property owners os. the Boord of Equolizollon. The fi~t meeting of the Doord sholl be on che first day of Mayor os soon thereafter as praCtible. Such Boord sholl choose from its membe~hlp 0 chairman. The Assessor-colleaor sholl be ex-officio 5ecrerory of 100 Board. A majority of !.Old Oaard sholl cOOSliture 0 quol\lm fOr the trOnsoctlon of bu!.lness. Memb€-~ of [he Doard while serving shall recel'..e such compenSOlion as may be provided for them by the Council. D. Power of Boord of Equalization, 'The Doord of Equolizotlon !.hall hove the power to , 1. Adopt rules regarding the procedure of assessment review 2. After Its first meeting, recon-- vene and odjoum from time to time. 3. P.eview. on complaint of prope-rty owners. ossessnienlS for the purpose of toxotion of both real and personal property within the City mode by the City Tax Assessor.Calleaar. 4. Hold hearings. administer oathsand coke testimony. 5. Supoeona all books. dOOJments and other pape~ pertinent to the investlgotion of the taxable values ofony person. firm or corporation havIng or owning properry within the corporote limits of tMe City subje(t to taxation. E. Duties of lhe Ooard of EqualiZation, 1. "The lloord of Equalization sholl, ,at its flBt meeting, dete-rmtne lIS I\Jles of procedure. It sholl then be the ducy of the Board la, (0) Examine ond, if necesso'Y, revIse the assessments as presented by the Cicy Tax Assessor-Colleoor. to the end that 011 property wllhin me City sholl be assessed os fainy and uniformly as POssible. Sholi Article VI of the- existing Chorter of the Ciry of Schellz, Te-:xos, be- omenc:led by adding Section 6.07 to read as set forth below? (b) Hold os many hearings 05 may be- necessary to he-ar and determine lhe compk)/nt 0' ony person in relation to the assessmentcoll. (c) Make odjuscrnent in the asse~ment roll 05 it may determine to beo n&ces!.Ory (d) Keep on occurote record of 011 its proe:eedings which 5hal! be o...ailable for public Inspeaion. 2. 'WheneVE" the Boord of Equalization shall find it their ducy (0 raise me \/Clue of any property appearing on the lists or books of the Tax Assessor-CoIleGor. ic sholl. after having exomined such lists and books and correaed all erro~ appearing therein, odjoum 10 a day not less chon ten(i Q) or mOle thon fifteen (13) doys from lhe dale of ad. journmE'm ond sholl couse the Secretary of soid Boord to give wrltlen notICe to the owner of said property, or to the, person rendenng some, of tne time to which the Board ha~ odjaumed and that such owner 0' other person rendering said property $hould not be raised. )uch notice may be served by deposiling lhe !.Ome, property addressed and postage paid. in the iocol govemmentposr: office J. "lmmediatefy upon com- pletion of its work. the Doard sholl Certify its approvai of the asse-ssmerv: rolls. which sholl be relUrO€'d to the Council. who sholl thereupon 'approve the- said rolls 05 returne-d, to it and thereupon adopt the some os the- assessment raUs to be used by the Assessor.Colleaor In com- piling the lOX roll 0' rolls. and for the colleaian of taxes for the current year. f . Taxes, When Due and Payable, "All loxes due the Cicy sholl be payable at the Office 01 the Assessor.Calleaor and may be paid Ot ony time- after the tax rolls far the year hove been completed and approved. which !.hall be not loter than October first. Taxes sholl be paid be-fare February first and oil such taxes not paid prior to such dote ~hoil be deemed delinquent ond sholl be subjea to such penalty and Interest 0$ the Coundl moy prOvide by ordinance. Until the amount of the penalty and lhe rate of inte'rest ho...e been fixed by ordinance, the penalty sholl be eight per cent a nd the Interest role six per cent per annum. The Councii may by ordinance provide 0 discount for prampl poymenm of Current taxes G. Tax f\emisslons. Discounts and Compromises, "Neither the Ciry Manager not the Council shall have the right to forgive ony current or delinquem taxes. or penalty ond Interest except in cases of error:' PROPOjlTION NO. 11 Shall Article- VII, SeCtion' 7.0,1 of the existing Charter of the City of Schertz. Texas, be amended to read os sel fOfth below? Seaion 7 .03 Budgel Message, 'The Manager's message- sholl outline the proposed financlol polie:ies of the- City for the en!.Uing fiscal year. describe the 1m. ponont features of the budge-t. indicate any mOjo' changes from the current year In financial poliCIE"s. expenditues and re"'enues, together with 'the reasons for suc:h chdnges. summarize the City's debt position and include s.uch other .............,,_. -. .....- .. "'No councilman sholl bE" subject 'There shall be 0 Planning and to recoli within six months of his Zoning COlTVT"llssion, composed first elealon ,to office and no of five or more membe~ as councilman shaH be subj@cted to'. deteremined and appointed by more than one recall election .he City Council. Any such during any two-yeor term. In CommiSSIon sholl be respons.ible office A recall elee:tion I1€:€'d n05" for, exerciSing. plonnirlg., .~(Id., ..,~,(>__ o%'.-:e:~~~_ ~_ t~e C?~OC! zoning functiOns as m~y'how~Of- ~"O~""'E:fiii~e~.;; here-alter be required or w~o'p~litionls.flle:d,f~ authonzed by Stotutes. of the- of office is to'explre within ninely State of Texas or ordinances of dayso,fterthepetitIOni~filedw~ the City. Membe~ shall b@ theCitySecrecol)'. qualified registered vOlers. resldem of and own reol property within lhe City peodltutes shown separately for each aaivlty to support the summortes menlloned in CG) and CH) above. Sud'l estimates of expenditures ore to Include on itemization of poSitions showing the number of perso~ having each rille ood the rate of pay: , J. A revenue and expense statement foran types of bonds. K. A deSCription of all bond issues Outstanding. showing rote 0' Imerest, dOle of Issue, maturity date, coli date, if any, amount authorized, amount issued. and amount oUC$tanding; L A schedule of requJr€'ments. for the prtncipol ond intereSt on each is.sue of bonds; M. A special funds seaion; N, Theapproprialionordinonce. "The- total estlmOled ex. penditures of each fund shall nOI exceee' the total escimaled r@s.ources of each fu nd prospective income. plus cosh on hand. The classification of revenues and e-)tpendilUre- accounts shoD conform as. neally os local Conditions will permit to the unifOlfn dassificocion 05 promulgated by the notional committee- on municipal ac- counting or some other nationally accepted cIO~ification. ,. PROPOSITION NO.1 J Sholl Article VII, Sealon 7.05 of the existing Charter of the City of Schertz. Texas. be amended 10 read os set forth below? SeCtion 7.05 COpital 1m. provement Program 'The Manager sholl 'prepare and submit to the Council a Capilal Improvement Program either on his own initiotive or when direaed to do so by Council:' PROPOSITION NO. 14 Sholl ArtICle VII, Se-ction 1,06. Subseclion C of the existing Chorter of the City of Schertz, Texos. be amended to read as set forth below, C. Adoption, "The Council should adopt the budgel on or before the 20th day of August of lhe fiscal yeor currently ending. Should the Council take no final octiOn on or prior to !oUch date. the budget os !oUbmitted by the City Monager sholl be deemed to hove been adopted by the Council. Ado~tion of the budget sholl constitute appropriations af the amounts specified therein as expenditures trom the funds indicated and shall constilUte a levy of the property tax therein proposed:' PROPOSITION NO.1 5 Sholl Article VII. Seoion 7,07, Subsection 0 or the eXiSting Chorter of the Ciry of Schertz. Texas, be amended to read as set forth below, D Transfer of Appropriations "Upon w,itten request by the Manager. the Council moy trOnsfer pOrt or all .of any unencumbered appropriation balance among programs witnin o deportment, office or agency. or from departments, offices or agencIes PROPOSITION NO. 16 Sholl Artide VII, Section 7.08 of the existing Charter of the City of Schertz, Texos. be amended (0 read as set forth below, Seclion 7 08 Purchase Procedures. 'The City Manoger shall be responsible forthe preporanon of purchase procedures, which praCE"dures shoil be submitted by him to the Coonol, The Council may accept and adopt such procedures as. proposed or may odopt them wilh such amend. meOlS os the Council deems necessary or may reje-a diem in their entirety and direcl the- Cicy Manager to further consider the procedures and present OE'W proposals at a subsequent meeting. The purchase procedures sholl be- reviewed ac budgel preparation." PROPOSITION NO.1 7 Sholl Arlicle VII of the existing Charter of the City of Schertz. Texas, be amended by depleting the eXisting Section 7 10 and adding 0 new Sea,on 7.10 to read as se( forth below? Section 7.10 DireClo. of Finance. Surety Oand. A. 'There $hall be 0 deportment of finance. the head, of which sholl be the City Manoger who sholl provide a bond with such surety and omouOl as (he Council may require. except tha~ such bond shall be in on omount of not less man t\venty thousand dofiers. the COSt to be borne by lheCity. 0, Director of finance: Power and Dutres, 'The Clcy Manager shall hove charge of the administration of the finane:ial affairs of the City and to thot end he sholl hove authority and sholl be required to, 1 Compile ,the- eStimOles of reve.....es and expenditures for the budget: 2. Supervise and be responSible for the diSbursement of 011 monies and have Control over all expenditures to ensure thm budget appropriOli005. ore not exceeded. Disbursement from lhe deposilory bonk will require two signotures; ~,Maintoin 0 general aCCounting syste-m for the City and each of its offices. departments and ogendeo:s.. keep books for thp SCHERTZ 8. ~f\le 05 ex-offiCiO City T reosurer and have custody of oN public funds belonging to or under the <0nt'1'01 of the City. or any office, deportment or agency of !he City, and have depOSited doily 011 funds coming into his hands in such deposltory(s) 05 may be designated by resolutIon 0' the Coundl, as determined by subs.ealon 12 below; 9. Hove custody of all In. vestments ond Invested funds of the Clcy, or in pos$ession of such government In a fidudOry capacity, and hove the safekeeping of 011 bonds and notes of the Clcy ond the receipt and deUvery of City bonds and notes for transfer, registration or exchange: . 1 O. Supervise ond be respansible for !he purcha:se. storage and distribution of all supplies, matenal, equipment and other articles used by any office, depoltment or agency of the City, 11. Approve 011 propose-d ex. penditures. No approprlmion sholl be encumbered and no expenditure shall be mode ui"lles hE! shall Certify that lhere Is an unencumbere-d balance of appropriotlon and available funds, 12. NegotiOle with 011 bankCs) locoted within the- greoter Randolph area. Within thirty days from October 1 of ead'l biennium and ofter advertising for depository bids/none issue of the official newspaper for the bonkCs) to seNe as dty de-pository for all available funds except reserve funds, contingency funds.. or other special funds for bonds tor the next two yea~, or until such lime as the succes.sor depositoryCs) has been seleCted The Clcy h\anager sholl take into consideration in s.uch ne-gatiatlons lhe most fovorable Interest rates that con be ob. talned in the Interest of the City on ce"ificatE'sof de-posit for funds invested. and olso on funds borrowed. The City Manager shall also toke into considerallon the services offered . by the prospeCtive deposltory(s.) In seNing the banking needs of,the Cicy. and shall make a recom. mendotion to the ,Counol 05 to the re!oUlts of his nE"gotiOlions. The Council sholl approve which bonk(s) is to serve 05 the City depositoryCs) during the, next bIennium. If the City Mcinoge-r and Ihe Councii determine thoc 0 satisfactory depository Contract cannot be ente-red into With the locol bonk(s). then the City Manager shall advertise in 0 newspaper of generol circulation within the greoter Randolph area o request for sealed bids by bonks to aa as e:it)' depOsitory for the next two yealS and the Council sholl, prior to December 1 $t of each biennium os stated above. selea one of the bonks to serve os. City depository. The oonk(s) thot has been selected to be the city depositoryCs) shoH hove adequole.seOJrity pledged at oil times to protect oU city funds." PROPOSITION NO 18 Sholl Article VIII. Sl!!>aion 8,01 of lhe existing Charter of the Cicy of Schertz, Texos, be amended 10 read as set forth beiaw? Section 8.01 Planning Zoning Commission PROPOSITION NO, 19 Sholl Article VII. Sea,on 8.02 of the existing Charter of the Cicy of Schertz, Texas, be amended 10 read a$set forth below? Section 8.02 Ooord of Ad- justmenr 'The Council ~hali constitute the Ooard of Adjustmenr wilh all the powe~ and duties conferred in articles 10110 through 1011j ot the I\evised CiVil Statvtes of the State of Texas as now Or hereafter amended," PROPOSITION NO. 20 Sholl Article IX. Sealon 9.01. SubseCtion C of 'the exis.ting Cholte-r of the City of Schertz. Texas. be amended to reod as s.et forth below? C. Conduct of Elealons, 'The provisions of the general eieOlon iaws of the SrmE" of Texas s.holl apply to e~ctiOn held undE."f this Charter. All eleCliorl$ provided for by the Charter sholl be condUcled by the eleaion oUlhorilles established by Ibw. For the conduct of cicy eleaions the Council sholl OdOPI by resolulion 011 regulations which it considers. desirable, consistent with low, and this Charter PROPoSITION NO. 21 Sholl ArtiC!e X. Sealon 10.01. SubseCtion C of the exlsling Chorter of the C1ry of SchertZ, Texas, be amended to read as set forth below~ C. P.ecoll, 'The qualified vmers of lne Cicy shoJI hove lhe power to petition for recoil of the Mayor Or any member of the City Council by name and posJtion. PROPOSITION NO. 22 Shall Article X, SeCl:ion 10.02 of the e-xistlng Charter of the City of Schertz, Te-xas. ~ amended to rporl 0.. '<Ar ~^...... h......I........ In f1umberto at leoSl:25 percent of the total number of qualified voters reglscered to VOte. at the lost regular Clry eleaiorl 13. Form and Content, "All papers of o petItion !.hall be uniform in size aQdstyle ond $h~!l be OSSl?mbled 05 'one instf\Jmem for filing. Each signabJre $hall be execute-d In Ink or indE"lible pencil and $hall be doted and fotJowe-d by the address of "!he person signing-. Petitions, iholl c;ontoln or hove attached thereto throughouttheircJrculotion the full text of the ordinance proposed or sought to be reconsidel'ed. The recoil petitIOn must distlnaly and speclficolly state the reason or reosons upon which the petitiOn is predlCoted C. AffidaVit of CIrculator, "'Each paper of 0 petition sholl hove attached to ir when filed on offido:vit executed by me clr. culatar the'eof stating mot ne PE'lSono11y drculoted rhe poper, lhe number of slgnotures the-reon, that 011 the- Signatures were ol'flxed in his P~SE>nce, that I'\eo believes them to be the genuine signatures of the p@ooos whose names they purpan to be and thot each signer hod on opportUniry befor~ singing to read the full textaftne ordinance proposed Or sought to be reconsidered. "Affidavit sholl be In me follOWing fOm1ac STATE OF TEXAS COUNTY OF GUADALUPE CITY OF SCHERTZ I. . being first duly swom. on oath depose and say thai! om o.ne of the SitJners of the above petition; that I personally cir. culated the !.Oid peN!On, and each of the SigoolUl'E's.appeol1ng thereon wos madE" in my presence on the day ond date it purportS to have beeI') made, and I sofemnly swear thaI, the same ore the genuine signa lures of the persons. whose nomes !hI!!>Y purpOrt to be. Swom and subSCribed to before me. this the dayof_, 197Q; Notol)' PubiJc in and for Guadalupe County. Texos o FiIln.; l\ecaU Pe-tilion '''["he rE'Call petition shall be initiated, signed. celtlfied. and file-d with the Ci~ Secretary within sixty (60) days after filing of affidavit by che pecitioners' committee. E, Filing Refel'E'ndurhPetit/ons, "Relerendum petilions must be flied wilhin Si)tCY (60) cloys after adoptiOn by. the 'COUncll of the ordinance sought to be recon, sidere-d." PIIOPOSITION NO. 24 Shall Article X of the e:XiStlng Chorter of the City of Schertz. Texas.be'cimended by'odding Section 10.06,to reodas set forth below? ond Section 10.06 UmLtOtion on Recall, PROPOSITION NO. 25 Sholl Artic:leXI: )e.C1:ian 11.04. Subsection 0(1) of'the 'existing Chorter of the City of Xhe-rtz. Texas. be amended to reod os. set forth below? D, (1) 'To pres.cribe the ,form of accounts 10 be kept by each such ulihcy. provided. that if the utility sholl keep 11$ accounts in oc. cordon<:e with 1f1e unifOrm system of accountS for soid ,1Itiliry prescribed by any one or more of the following, The -Notional Association of. Railroad and Ulility Commissionen: th. Federal Power CommiSSion. the. FedE"rol Communications CommiSSion, the' Roilrood CommiSSion of Texos. and the Public Utility Commission or lheir successors. such form 0' accounts. sholl 'be considered SOllsfoctory and na change may be ,equired therein. PROPOSITION NO. 26 Shall Article XII. )eoion 12.02, Subsection 0 ot the existing Chorter at the- City at Sche-rtz. Texas. be om@'ndedlO read as setfotth.below~ 6. Penalties, "Any peoon! who 'by himself Of with o~eB willfully. violates. of'1t of the prbvjs.ia(U of paragraphs.A (1) through (6) sholl be>guilty of misconduct' and sholl im- mediatetyfurfeithis office or POSition upon. orde-r of Ctry Monqger or City Council. PROPOSItiON NO, 27 Shall Article XII, Section 12.04 of the existing Choner of the City of Schertz. Texas, be amended to r~ad 05 set forth below? Section 12.04 Chorter Amend. ment. "Amendments to this Charter may be framed and submitted to the electors of the City by a Chorter commission In lhe momerpraVided bY 'faw for framing and Subm/tl:ed 0, new Chorter; by ordInance POS~d by a majOrity vote of the full membef'!hip of tne Council. or by a oelltlon ~in""'rl hv rvv 1_. .......... SCHERTZ reodasset'orth below? Section 12.05 Choner I\evlew Commission, "At Its first regular meeting in June, 1980. and of each sue:- ceedingeven r.Jmbered year, the Council Shall appoint a Charter I\eview Commission of five Citizens of th~ City It shall be the dulY of the- commission to, A. "Inquire Into the operation 0' the Cicy govemment under the Chorter prOvis.ions and determine whether any such provl.9lons. requi'e revision and to 'this end, public hearings may be- held and the commission shall hove the power to compel the attendance of ony officer or employe of the CIIy to require the submission of any of me city records which it may consider ne-ceSSCIIY fO the condua of such hE"arlng. B. "Make any recommendations It considers desirable to insure ,compliance With the- provisions 0' this Chorrer by the several departments of the City. C. "Propose amendments to this Chalter to-. improve its effective application to current conditions. O. "Re-port its findings and present lIS .proposed amend. menu, if any, to the Coun<:if. The. Council sholl rec:eiYe and hove published in the offl<::iol newspaper of th@ Ciry any report submitted by the Charter Review Commission, shan COnsider any recommendations mode, and, If any amendment or amendments be- presented as a pon: of such report, will order such to be- wbmitted to the electors of the City In the manner provided In seaion 12.04. 'The term of office of the Charter P.:evie-w CommiSSion shall be three months, and, If during thiS term no report is presented to the CalJncil. then. all records of the proceedings of the commission sholl be filed with the City Monager and sholl be- a public record." PROPOSITION NO. 29 Sholl Article XII of the eXiSting Chorter of the City of S<hertz, T E"XOS, be amended by r.:!'deslgnatlng the existing Seaion 12,05 as Section 12.06 to reod os set forth below~ )ealan 12.06 Separability, "If any provision of this Chorter is held invalid, the other provisions of the Charter sholl not be of. feaed thereby if the application of the Charter or any of its provisions 10 any person or clr. OJmstal1Ce!. is held invalid, Ihe applicatiOn of the Chorter ond Its pcoVisions to other peBons or cirCumstances sholl not be of. feaed thereby" II. Thatfor the purpose of holding !.Oid eleCtrOl;l. the emire City of ScheltZ. Texas, sholl be ond cOnstitule one election precinct. and the. poUing place for the holding of said election shall be Ot the Schertz Community Center, 1400 live Oak ROOd, Schertz. rexas. III. That Janestine Kvopills hereby appOinted Pres.lding Judge of Sold eleaion and Adolph Aguilar is hereby oppoimed Alteroote Presiqlng Judge of !.OicI election and said Presiding Judge sholl appoint os many resident qualified electors at said City 05 may be reasonably nece.ssory to properJy.cO:!'lduct such eJealon to ~'_ . N:g~~ ~I~.~~. gf said eleCl:lon -~~lloppo;nt pe'5on..,JIl.!el1l in the ~pa"'lsh language to render oral Old in the Spanish klnguage to any Voter desinng such old at the poll on the day of SQid eleCl:ion In the absence of the Presiding Judge of said eleCtion. lhe Allemate Presiding Judge above named sholl pef1'orrn the duties of Ihe . Presiding Judge of sold eleaion. N. That the polls of soid eleoiol'l Sholl be open on the day of said ~Itoction from 7,00 o'clodl A.M. 107,00 o'c1ock P.M. V ThO[ absentee voting in said election shoH be conducted at the Schertz MuniCipal Building 1400. LiVl!!> Oak I\oad, Schertz. texas. and the City Setretory Is hereby chorged wi!h the duty of cO.nduCting absentee voting in sold election: as required by law. The Absentee Voting Clelf.. !.hall OppOint 0 Deputy Absentee Voting Cierk who is f1uenl in the Spanish Ionguage to re~r oral oid to any voter desiring to vote obsemee in !.Old electiOn who requests such aid. ThO[ wilh lhe exe:eptlon of Saturdays.. Sundays. af'd official Stare holidays. !.Old office or place shall remoin open from 8,.:J0 o'clock A.M. to 4,JO O'Clock P.M. for the purpose of conduoing absentee VOting -In sold election. VI. That the ballots to be used in said election sholl be prepared in confOrmily with V.A.T C.S. Elecllon Code. as amended. Thot In the holding and conduaing of said eleaion, all voter 'arms, instructIons. and other materials required therefor. inr:ludlng the ballots $holt be- prepored In !oUch manne-r that the voters may cast their bellofS either "fOR" or "AGAINST" che foregOing propositions, VII, Th6t notie:e of SOld eleoian shalf be- given by publishing a substantial copy of this or- dinance. designated as a notice-. on the same day In each of two (2)' succHdirlg weeks In 0 newspaper of generol circulation published in said Cicy; the date of ~e fir;.t publica.tior:' to be nOl less dOy of April. 1 Q79, which date is not less. than thirty (30l. nor more- then ninety (QO) days from the dote - of paS609!' of thi~ or- dlnance, at which electiOn sholl be submitted to the resident qualified electors of the City of Scheltz. Texas, fOf the-Ir action the reu pan. the following propositions. to-wk, PROPOSITION NO.1 be prtma facie- proof of its lega! adoption and effea, 4. "Codlficotion of Ordinances. The Cicy CoUOCiI 91011 hove the. power to couse the ordlnonces of the Clcy 10 be correcte-d. amended. revised. codified ond printed in code forn as often os the Coundl deems odvisoble, and such printed cod@, when adopted by the Council. shan be in tv. force and effea: without the necessity of publishing the some or any pan: thereof In a newspaper, All primed or. dinances or codes of ordinances sholl be odmitted as evidence in 011 courts without further proof, and shaH hove the some force ond effect as did the original o!'dinanc@, 5, "Publishing synopsis of Or. dinance, For any ordinance not required to be published by the foregoing. theOty Sec~to'Ysholl couse 0 short synopSIS of the ordinance 10 be published in the official newspoper of Schertz at leost once within fifteen doys after passage of such ordinance," pp.OPO~TlON NO.5 $holl' Anlde IV of the existing Cholter of the- City of Xhe-rtz. Texas. be amended by oddlng Seoaion 4.10 to reed os set folth below) 5eccien 4 10 lnvestigotive Powe-rs, 'The (ouncll sholl hove the- authority to investigate the affoi~ of the City and the conduct of any City deportment. office. 01 age-ncy, ond. for the purpoSE moy subpoena witnesses. ad. minister oolhs, take testimony and require the pfOduction of any reco,ds or other evIdence material to the investigation. Any f)E'oon who falls or refuSE'$ to obey 0 lawful order issued in the exercise of the~ powers by the Coord sholl be guilty of a misdemeanor and punishoble by o fine of not more man tlNa hundred dollar!>." PROPOSITION NO.6 Sholl Article IV, Sectlon 4,02 of [he existing Choner of tM City of SchertZ. Texas. be orne1'lded to reod os set forth below? Sealon 4.02 Qualifications, "The Mayor and each Coun. cllmon must. at ehe time of taking office, hove attained the age of 21. be a qualified rE'glstereod elector, ond hove been a resident of the City for ot 1e-0Sl twelve- '(12) consecutive manths. immediately preceeding taking office. end not be on obligOr to thE" City on any obligation post due, provIded. howE"Ve', ehat 0 person may be elected a.nd hold office It such oblIgation 'IS being aaively cont:ested In the ap- propriote fotm," PROPO~TlON NO.2 Shall An:lcle IV, $eaion 4,05 of the exiSting Chalter of me City of SchertZ. Texas be amended to read os set fo([h below? Section 4.050. M1:J,/or and Mayor Pro.Tem, 'The Mayor ~ell be ~he offlcldl head of the City goverry,ment. He sholl be the cholnTlan and $hall preside ot all meetings of the Council. The /kryof may vote only In the evene of 0 de, He shoD. when authorized by the- Council, sign all officlol documencs s-uch os ordinances, resolutIOns. con. v@yarces. grant agreements, offlciol. plats. canCfOClS. and bonds,He sheill appoint special committees as Instruaed by Council; committee membership to be COl'T\posed of nominees by 'Coundl, He sholl perforn such other duties conslstenl with this Charter or os may be imposed upon him by Council. The Mayor sholl nOt hove veco powers, "The Moyor Pro-Tem Yloll be 0 coVOCilmon eleaed by the Council otlhe first regular council meeting following each regular City election and may not suc. ceed himself. The Mayor Pro-Tem shott act as Mayor during the Qbserce or dlsobJlty of the foNJyor, ond in Ihis capacity sholl hQve the rights conferred upon the Mayor." PROPOSITION NO. J Shall Article IV, $Ktlon 4.07. Subseaion A of the existing Cho([er of the City of xhertz. Texas. be amended to read a!. set forth below? Seaion 4,01 Prohibitions. A. Holding Other Office. "No Mayor or Councilman sholl $ection6,01 Genero!Provi~ons. hoid any other publiC office or employment with the City nor A.CreotlonofDeportment:s hove Qny finonciol InterE'st. directly or indirectly, In ony city contraa or transopion, PROPOSITION NO 4 $holl Article IV. :section 4.0Q of the eXiSting Chorter of the- City of xhertz. Texo!.. be amended to read asseefolth below? $ectlon 4,OQ ~Ungs and Procedure, A. "The Council sholl meet at ieast ooce eodl mOnlh at a time and place pre:;cribed by. ar- dinonce. Spedal meeting$ moy be called by the Mayor, City Manager, or on application of Section 6,04 Judge- of che three (3) Councilmen, Written Municipol Cou([ notice of the dote. place, and subject of each me-eling sholl be posted In occordonce with State StaMes (.A.rtlcle 6252-17. Ver. non's Texas Civil Statutes) O. "Meelings shall be open to the publiC in accordance with Scate Statutes (Article 6252-17 Ver- non's Texos Civil $tatules) dealing with "Open meli'lings.'. C, "Quorum, Three (.,J) Coundl member!>. exdudlng the Moyor. sholl constitute Q Quorum and no action shon be valid unless adopted by the. affirmative vote ''When the Judge is obs.em, of three (,1) or more members of disabled or unable to perform his the Council. duties for any couse. or his office D. '.Rules of Procedure, The become!. vocont by reason of CounCil. sholl, by ordinorce. death. remo'<lol or reslgnotlon. deeermine Its _own rules _ and the Moyor or Mayor Pro-Tem shot! order of buSIness,. proVided. be the Judge of sold caun:, or the h?wever. mot the citizens of the Council may appoint 0 special City sholl heve. areasonoble judge of soid court who sholl opportunity .to be heard at any I serve uncil che Judge of said coult meeting With regard to any , relVrns to his duties or 0 successor molter relevant to the govern. is appolnt@dandquolified:' ment of the City except at such PROPOSITION NO. Q meeting!. of the CounCil os may be c1o!.ed to the public o!. herein before proVided. Proviston ~all be mode for me toking of minutes. which minutes !.hall be a public record, Voting, except on procedural molters. shall be by Section 6.06 City Secretory roll call and the ayes and nays sholl be re-corded In the m!nutes.. E. "Po$SOge of Ordinances, 0,- dinances and resolutions !.haU be imroduced to the Cicy council only in wrllCen or primed form, The subject or subjeCts at 011 or- dinarll:es sholl be cleor1y ex- pre!.Sed in the title, Except a!. may otherwise be preSCribed in this Chorter, on ordInance sholl not be passed at the meeting of me Council at which Ie Is fim in. rroduced. but insteod the or. dlnance or il$ copciOn sholl be read. ond the COuncil will determine whether it ~all be reJea:ed or further considered at the next meeting of tn..(oundl, A. Office ofToxotion If rejeae~, no fulther aalon s.ho!1 be requIred, If the CounCIl determines that 0 proposed ordinanCe ~oll be further con- sid ere-d. the City Secr@tory ~all couse 0 mort synapsis of the proposed ordinance co ~e published In the, officiOl City newspaper prior to the next regulor meeting of the Caundl, at which time final oCtlon may then be [aken on such oldinance. Notwithstanding the foregoing pravision~. if the CouncH. by a 'Vote of not less than [Wo-thirds of the member!> present at the meeting at which on ordinance is first introduced, determines that on emergency exists requiring immediate accton. such or- 0, Power to Levy, Assess and dinonce may then be voted upon Callea Taxes, on rejected or poS5eCI at thot meeting. The "oyes" and "noys" shall be token upon the poS$Oge of 011 ordinances and resolutions and entered upon the jOurnal of the proceedings of the Council. The~ote of three or mClfe members or the Council is required to enaCt any ordinance. The enoaing douse of 011 or- C. Doard of Equolizocion, Ap- Sholl AnlcleV. Section 5.03 of the existIng Chorter of the City of Schertz. Texas. be amended by adding subsection J to read as ~t forch below? J, "He sholl keep 0 wmten in- ventory of 011 real property and 011 permonent equipment belonging to the Cicy. said in- ventory to be subject to annual audit. A system sholl be established to comrol the use ond replacement of ellipendoble Items," PROPOSITION NO, 7 $holl Article VI. Seaion 6,01 Subsection A of the exiSting Chorter of the City of Xhertz, Texas, be amended to read os setfolthbelow? 'The Council may continue. discontinue 01 eStablish city deportment!., offices or agencies in addition to those created by thiS Charter and may prescribe the functions of 011 deportments. offices and ogencies." PROPOSITION NO.8 Shall Altide VI. SeCtion 6,04 of the existing Charter of the City .of Schertz, Texas, be amended [0 read os set faith below? 'The Council !hali e!.[abhsh 0 MunIcipal CCUIt and sholl appoint o Judge of the MuniCipal Court of the City of Schertz and fiJll his compensotion, )euions of the Municipal COUft sholl be held at such times os may be determined by the Judge of the Municipol COUrt. The dotes of such court sessions and each change thereto sholl be filed with the Cicy Secretory. Sholl Article VI, Section 6.06 of the exi$tlng Chorter of the City of 5cheltz, Texas, be amended to read os set forth below? 'The Council !hall appoint a City Secretory and hlslher deputy or deputies who ~oll oCt os Secretory of [he CounCil and sholl hold office 01 the pleasure of lhe Council. The City SecretaI)' sholl be ur)CIer the supervision of the City Monager and sholl be the custodian of all municipoi records and the City Seal. The City Council will set the compensation for che City $eaecol)'," PROPOSITION NO.1 0 Section 6.07 Tax Assessor- Colieaor "'There shall be established on Office of Taxation. the head of which sholl be the City Assessor and Collector of Tax~. fhis office sholl be filled by appointment by the City Manager. The Assessor- Collector sholl give 0 surety bond for the faithful pel'farmance of his duties including compHonce with all comrolling provisions of me state low bearing upon the functIOns of his office in 0 sum which sholl be fixed by the Council, but in no event sholl the amount be less thon twenty thousand dollolS. the COst to be bome by the City "The City sholl hove power to assess. levy and collea: onnual tOlli upon coxable property within !he O:y not to exceed che maximum provided by the conscitotion ard low!. of the >tote ofT exas. 4, nOlo neunl'Y~. <;.IU"''''''''~I oaths and take-~esdmony, 5, Supoena oil books, dodJmenlS and othe-r papers peltinent 10 the investigation of the taxable vaues of any pef!>On. firm or corporolion having 01 owning property within the COIporote limitS of the City subjeCt to toxotion. E Dutle-S of the Doard of Equalization, 1. "The Coord of E:quolizatlon shotl, . at its first meeting, determine Its rules of procedure. It sha. then be the ducy of the Doard to. (0) Exomine and. if necessary, revise the assessments as presented by the City Tax Assessor-Colle cor. to the end that all property within the City sholl be auessed os fairly and unifotmlyaspos&ible, Sholl Article V1 of the existing Choner of the City of SchertZ, TexaS. be amended by adding Section 6,01 to read as liet forth below? (b) Hold o!. many hearings a!. may be necessol)' to hear and determine [he comploint of any person in relation to the assessment roO, (d Make- adjustment In a~essme-nt foil os it determine to be necessol)' Cd) Keep on OCC\ltote record of 011 Its proceedings which sholl be avoiloble for public inspection, 2 "Whenever the Doorcl of EquaBzotlon sholl find it chelr duty 10 roise the value of any propeny appearing on the lists or books of the Tox Assesso,-Collectar. It sholl, after having examined such lists and books and carreoed 011 etl'ors appeoring therein. adjourn to 0 day not less It'lan ten '1 0) or more thon fifteen (15) days from the date of ad. jOurnment ond sholl couse the Secretory of said Ooord to give wrlnen notice to the owner of said property. or to the person rendering some. of the time to which lhe Boord hes odjoumed and that such owner of other person rE'ndering soid prope.rty should not be raised, Such nOClce may be 5eIVed by depositing the some. property addressed and postage paid. in. the local govemmenCpost office, J. "Immediaeely upon com- pletion of Its work. the Oocrd shall cen:ify its approval of the assessment rolls, which sholl be returned to the Council. who sholl thereupon'approve the said rolls as returned, to it and thereupon adopt Ihe same as the assessment rolls to be used by the Assessor-Colleaor In com- piling the tax roll or rolls and for the colleaion of taxes for the current year, F, Taxes. When Due and Payable, "All taxes due the City sholl be payable at the Office of the As!lessor-Callector and may be poid at ony time after the tax rolls for the YE"Or hove been completed ond approved. which !hall be not later than October first, Taxes sholl be poid before February fi~t and all such toxe!. not pald prior to such dote shall be deemed delinquent and sholl be subjea to such penalty and interest os tne Council may provide by ardinonce. Until the omaunl of the penalty and the rote of interest hove been fixed by ordinance, the penalty sholl be eight per cent. and the interest rote six per cent per annum. The Council may by ord inance provide a discount for prompt paymeMt of current eoxes, G, Tax I\emlssions, DIscounts and Compromises, .'Neltheor [he City Manager not the Council sholl hove the right to fergive any current or delinquent taxes or penalty and interest except in co!les ofelTor." PROPO~ITlON NO. 11 Sholl Article VII. SeCtIon 7.03 of the existing Charter of the City of Schertz. Texas, be omended to read os set forth below? $eaion 7,03 Oudget Message, "The Manager's message sholl oudine the' proposed financial polkie!. of the City for the ensuing fiscol year. describe the 1m. portant features of the budget. indiCaee art( major changes from the current year in financial poliCies. expendltues and revenues. [ogel:her with the reasons for such changes. summaoze the City's debt position and include such other material os the Manager deems desirable " PROPOSITION NO. 12 Sholl Article VII, Seaion 7_04 of the existing Charter of the City of Schen.z, Texas. be omended to read os set fo([h below? Seoion 7.04 DudgetCantents 'The budget sholl provide a complete financial plan for the ensuing fiscal year. "It shall contOin the following, A, A budget message; B. A consolldo{ed !.tatemerie of receipts and expenditures for all funds. \:. An Anylysis of property valua- tions, o Anonolysisaftaxrote; E. Tox levies and tax collections by years for the preceding five yeors, F, General fund resources end 011 other fund resources In detail, G. Summal)' of proposed ex. pendltures by funaion. deport- mentondaalvity. H. $ummcry of proposed penditures by choroaer abjea, Detailed E'$Iimotes of ex. PROPOSITION NO. 13 Sholl ArtiCle VII, Seaion 7,05 of me existing Charter of the City of Schertz. T@xas, be amended to read os set faith below) Section 7.05 Capitol provemeot Program 'The Manager sholl. prepore and submit to the Council 0 Capitol Improvement Progrom either 0('1 his own initiative or when dlreaed to doso by Council." PROPO$ITION NO 14 Sholl Article VII, Seaion 7,06, Subsection C of the existing Chol'ler of the City of Schertz, Texas, be omended 10 read as set forth bE'low tho moy C. Adoption. 'The Coundl should adopt the budget on or bE'fore the 20th day of August of the fiscal year currently ending, Should the Council toke no final action on or prtono such date. the budget os submitted by [he City Monoger !.holl be deemed to hove been adopted by the Council, Adoption of the budget shoil constitute oppropr(Otions of the amounts specified therE'ln os expenditures from the funds IndICated and sholl constitute 0 levy of the property tox ,therein proposed:' pp.OPOSITION NO 1 5 Shall Article Vlt. Seaion 7.07. Subsection D of the eXiSting Chal'ler of the Cicy of Schertz. Texos, be amended to read os set forth below, O. T rooster of AppropriatiOns "Upon written request by the Manager, the Counc.!1 moy transfer PO([ or all pf any unencumbered appropriation balance among programs within o deportment. office or agency, or from departments. offices or agencies PROPOSITION NO, 16 Shon Article VII, Section 7,08 of the existing (harter of [he City of Scheltz. Texas, be amended to read asset forth below, SectIon Pmcedures 7.08 Purchase "The City Manager sholl be re!tpoosible for the prepormion of purchase procedures, whICh procedures sholl be submitted by him to the CouncIl. The Council may accept and adopt such procedures os prop05ed or may odopl them with such omend. ments os the Council deems necessary or may f'E'ojeO them in their entirety and direct the City Manager to fulther consider the procedures and present new proposals ot 0 subsequent meeting. The purchase procedures shoH be reviewed at budget preparation" PROPOSITION NO 1 7 Sholl Article VII of the existing Chaner of the City' of Sche([z. Tellias. be amended by depleting the eXiSting Section 7 1 Q and adding 0 new Section 7.10 to read os set forth below? Section 7.10 Director of Finance, Surety Oond, A, "There shall be 0 deportment of finance, the head of which shall be the City Manager who shall provide 0 bond with such surety ond amount os the Council may require, except that such bond sholl be in on amount of not le$ than [Wenty thousand dollars, the cost to be borne by the City. B. Director of finance. Power and Duties, 'The Cicy Manager shall hove charge of the administration of tne financial affairs of the City and to thot end he sholl ho'Ve authority ond sholl be required to, 1 Compile the estimates of r~venves and expenditures for the budget 2, Supt?Nise and be responsible for the disbu~emem of 011 monies and hove control over all expenditures to ensure that budget appropriotions ore not exceeded. DlsbufSement from the depository bonk will require two signolVre!., ,1, Moimoin 0 generol aCCOunting system for the City and each of Its offices. departments and agenCies; keep books fOf the exercise financial budgeeory control o'Ver, each office, deportment and agency; keep separate accounts for the items of apprOprlation, the amount:s paid theretrom, the unpaid obligotlom. against It and the encumbered balance, reqUire repol15; of receipts and disbur. semerllS from each receiving and spending agency of the Clcy to be mode daUy or at such intervals as he rnoy deem expedient! 4. Submit to the Council a monthly statement of all receipts and disbursementS In sufficient detail to show the exaa finanCial condition of the City: 5 Prepore. os of the end of each tiseol year. 0 complete financial statement ond repolt, 6_ Supervise and be responSible For the asses.sment of 011 property within the corporate limits of the (ltyfor taxation. make all special assessment!. for'the City, prepore tax mops and gIVe such flotice of taxes and special assessments os may be required by law, 0'- and 7. Supervise and bi'" responsible for ,the colleaion of all caxes. special assessments, license fees and other revenues of the City or for whose collection the City Is responsible af"lc:l receive 011 money . receivable by the City from d1e State of Federal Government, or from any court, or from any office. depoltment or agency of the CIty, Im- , L Negotiate Wltn 011 oanKl!.) located within me- g,eater Randolph orea. within thirty doys from October 1 of each biennium and after advertIsing for depository bids in onE' i~e of [he offlciOl newspaper for the bonk(s) to serve CS City depOsitory for 011 available funds except reseIVe funds. contingency fund!.. Q( other special funds for bonds for the next ewo years. or until such time as the successor deposltol)'Cs) has been selecte.d. The Cicy Menager ~all toke into consideration in such negotiationS the most favorable interest rates that con be ob- tolned in the interest of the City on cel11ficoces 'of depOsit for fund!. Invested. ond also on funds borrowed. The City Monoger shall also toke intO consideroclon the seNfces offered by the prospeCtive depositary(s) in serving the banking needs of,the Oty, and sholl make a recom. mendatlon to the ,Council a!. to the results of his negotiatiOns, The Council sholl approve which bank(s) is to seNe os lhe City depositoryCS) dunng the, next biennium, If the City Manager ond the Council detetmine that 0 sotisfactory depositoI)' comrocr: comot be entered into with the local bank(s). then the City Monoger ~011 odvenl:;e in 0 newspapef of general clrculaclon within the greote r Randolph area a request for sealed bids by bonks to 00 os city depository for the next rwo years and the Council shan, prior to Oecember 1 st of each biennium os scoted above. selea one of the bonks to serve as city deposiCOl'( The bonk(sJ that hos been selea.ed to be the city depositary(s) sholl have adequate seCUrity pledged at all times to protect 011 city funds, ' PROPOSITION NO. 18 Shall Article VIII, $eaion 8.01 of the eXiSting Charter of the City of Schertz. Tellias, be amended to re-ad os set forth below? Section 8.01 Planning Zoning Commission: .'AffidOVit !.holl be in the fol&owlng fornat, STATEOFTEXAS COUN1Y OFGUAIlALUPE CITY OF SCHERTZ I. . being first duly swom. on oath depose and sa,/ thol I om one of the si9ners. of the above petition. that I personally cir- culated the sold petl~. and each of the Signatures. oppecrltlg thereon was mode In' my presence on the day and date- ie purpons to hove been mode. and I solelT'lrtly swear that the some ore the genuine SIgnatures of the persons whose names they purport co be. SWom cnd subsclibed to beta... me.thi!. the doya''::''', 1979, . Notary Public In or:d for Guadalupe County. .fexes D Filing P.ecoH Petition, .'The recoil petition sholl be initioted. signed. celtifled. -end filed with the Cicy Secteotary within sixty (60) days otte-r filing 01 affidavit by the petitioners' committee. E. FUing Refe-rendum Petitions, "Referendum petitiOns muse be filed within Sixcy (60) days after 'Odopllon bY the 'CoUndl at me o((\inonce sought to be ,.recQ{l.,. sid_ered .. PROPOSITION NO. 24 ShaU Article X of the, existing Charter of the City of Xhenz, Texas. be ,omended byoddlng $ecefon 10.08 to reo~ a!.!.e'1 forth below? and Section 10.08 limitation on Recall, '.No coundlmon v.oll be subjKt., lhere sholl be 0 Planning and to recall within six months of hiS' Zoning Commission. composed first election 'to office and no of five or more membelS os councilman sholl be subjected to:. deterernlned ond oppointed by more than one recall election the City CounCil. Any such du~ng ony two-year term. In Commission sholl bE' responsible office. A recoil election ~ed 09t.. for exercisiOQ:, .p'~Mi,~". "9.~~: L'~'~:ol+-~';:~~ me C,au.nc! zoning fuf)(tlons os m~~ now ~~ whomapetltionl~fil~dlf~ hereafter be requl ed of office is to-expire withln nInety outhollzed by statutes of the d after [he petitiOn is flied wltfl $tate of Texas or ordinances of hO~~,S .. the City. Members sholl be ten, eeretol)', qualified registered voters, reSident of 0 nd own real propeny Within the City PROPOSITION NO, 19 Sholl Article VII. 5ealon &,02 of the existing Charter of the City of Schertz, Texas. be amended to read as set faith below? Section 8,02 Doard justment of Ad- '.The Council shail constitlJle the Ooord of Adjustment with oil the powers and duties conferred In articles 10110 through 1011jof the Revisec:l Civil Statures of the $late of Tellias as now or hereafteromended," P~OPOSITION NO. 20 Sholl Article IX, Seaion 9.Q1., Subsection C of the existing Choner of the City of Scheltz, Texas, be amended to read os set forth below? C, Conduct of E leaions 'lhe provisions of the general election lows of the State of Texas sholl apply to election held under this Chal'ler. All eieclions provided for by the Chorter sholl be conducled by the eleaian authorities estobllshed bylaw For me conduct of oty eleaions. the Council sholl adopt by resolution oll regulations which it considers desirable. consistent with low. ond thiS Chorter, PROPoSITION NO. 21 Sholl Article X, Seaion 10,Ot. Subsection C of the eXiSting Cha([er of the City of Schel'lZ. Tellias. be amended eo read as ~t faith below? C. Reco II. 'lhe qualified voters of the City sholl hove the power to petition for recoil of the Moyor or any member of the City Council by nome and pO!.itiOn, PROPOSITION NO. 22 Shall Article X, Seaion 10.02 of the existing Charter of the City of Schertz, Texas. be amended to read os set forth below? Section 10,02 Commencemem of Procee-dings. Petitioners' Committee; Affidavit, "Any five quoiified voters may commence initiative, referendum or recall proceedll-~ by filing with the City Secretory an of- fida'V!t !.toting they will constitute the petitioners' committee and wlil clrculote the petition ond fite it in proper form !.toting ':helr names and addresses and speCifying the address to which 011 notices to the committee ore 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 recoil is predicoted. Promplly after the affidavit of the petitioners' committee is filed. the City Secretory sholl issue- t~ appropriate petilion blonks ta the petitioners' committee," PROPOSITION NO. 23 Sholl Al'llcl€' X, Section 10,03 of the existing Charter of the CIty of Scheltz. Texas" be amended to read os see forth below? Seaion 1 O.O~ PetitiOns: A, Number of SIgnatures, "Initiative. referendum. or recall petitions. must be signed by qualified voters of me city equal PROPOSITION NO, 2~. ShaH A([lde. ,XI. )e([ia:n 11.04, Subsection'- D(1) of the eXIsting eholter of the Ocy of Scheltz. Texas, be amended to ,eod os setfofth below? D. (1) "To prescribe the form ~f accounts to be kept by each such utilicy. prOVided. thot if the utility shell keep in account!. In ac. cordonce wim tM unifOrm system of act;:ount!. for soid Lltility prescrIbed by any one or more of the foRowing, The -Notional Assoclotion of f\oilrood ond ~tlllty Commi!.sion~rs. the Federal Power Commission. the "Federol CammuniCOlions Commission. the' Rallrood Commission of Texas. and the Public Utility Commission or Ihelr successors. such fOrm of accounts sholl be considered Sotisfoctol)' end no change may be required therein, . PROPOSITION NO. 26 Shall Article XII. Section 12.0:2. Subsection B of the exlsclng Charter of the City of 5cheltz, Texos~ be omEi'ndedto read o~ set faith below? O. Penalties, "Ant person" who by himself or with othel'!.' willfully violates oNi of the provislo~s pf parographs.A (1) through (6) 'shall be- gullr; of misconducrond sholl Im- mediately forfeit his office, or pOSition upon order of City MOn<;lger 0' Cfey Council, PROPOSITION NO. 27 $holl Article XII, Soectlon 12.04 of the eXisting Choner of the- City of Scheftz, Texas. be amended to read os set faith below? Section 12,04 Choner Amend. ment, "AmendmentS to this Charter may be fromed and submitted to the electors of the- City by 0 Charter commis~lan In the manner . provided. bY -low for framing and SUbmitted, Ii new Chorter: by ordinance pos~ by o majOrity vote of the fun membership of the Council. or by o petition slgMd by not less than fl....e-percent (5%) qualified eleaol'S of the CIty, When 0 Choner amendment petition sholl hove been filed in - con. formicywith section 10,0,1 of this. Charter. the Concil sholl !olthwl[h provide by ordinance for sub- mitting !oUch proposed amend- ment to a vOle of che ete<:tors. Any ordinance. for !oUbmlttin9 0 Charter amendment to the .",ieCtors sholl pro....ide for sub- mi~on at rt'\e next regulOr munfcipal election If one sholl occu, not less than thirty nor more than ninety days after passage of the o,dinance; otherwise, It sholl provlcle for submission at 0 'special election to be coiled ond held within the time otoresaid. Not less than thirty days prior to such eleCtion the City 5ecretOl)' sholl make available 0 copy of the praposed amendment or amendments 10 each qualified vote-r in the City, If 0 proposed amendmene sholl be opproved by 0 mojority of the elea:ors VOting thereon. It sholl become 0 pOrt of the Charter ct the time fixed therein, Each omendment sholl be confined to one sub)eal ood, wheon more than one omeodment !.hall be wbmitted at ,the some time. they sholl be submitted so 05 to enable the electOr!> to vOle on each seporctety:' PP,OPO~TlON NO. 28 Sholl AtlicJe XII, $ealon 12.05 of the existing Cholter of the- City of Sch&ltZ, Texas. be ome-nded to ~;;,~p;r of~he Eli; arr; ~'~-~ sUbmitted by tne ChaMI Review 'Commission. $hall. consider ooy recommendations mode. oncl. If any omendment or amendments be presented 0$ 0 port of such report. wHI order such to be submitted to the eleCtors of the City In l!1e manner provide-d In seCtIon 12,04. 'The' tern of office Of the Chorte-r ~ew CommissIon !.lion be three. mO(l~. Qn~, If during this te'm"l 00 re-pcitt is presented to the ,CoUncll. then 011 record$ of the proceedings of me commission sholl be filed with the City Manager and sholl be- 0 public re<:ord," pp.OPOSITlON NO. 29 ~h,,1I Article XU of, the exiSting Charter 'of the City of Schenz, Te"as, be amended by rede51gnotlng the existing 5ealon 12.05 os 5ealon12,06 to. read os set faith below? $ea:lon 12.06 Separability, "If any provision of this Cnorter Is held In'VoUd. the other provisions of the Charter sholl not be of. feaed thereby. If cheoppllcatian of the Charter or any of its provisions 10 any peBOn or a. cvmstonces Is held invalid, the aPP!iCQtion of tM Chorter and Its proVisions to; other persons Ot clrtUmstances shall nOt be af~' feaed thereby:" II. Thol fOf the purpose of holding soid efecooljl. the entire City of 5chenz. Texas. sholl be and <onstitUte one' election precinct. 000' -d\e,. polling plo~e for the hotdlng of sold election sholl be at the SchertZ Community Center. 1400 Live Oak Rood. Schertz. lexo!.. 111. Thoc Jonestlne KVOpll Is hereby appointed Presiding Judge of Said elealon ond Adolph AguUor is hereby appointed Altemale Presiqing Judge of sold eleCtion and said Presiding Judge sholl -appoint os mony resident quolifiec:l ell?Ctors at sojd City os m(JY be l'eIcoonobly, necessaty to p~perJy-cO;~UCt su~ ~,Iect1on to , $ tks.'of said election iI appoint person,Jl4.ent In the Sponlsh language to render oral aid In : the Spanllih IOnguage to any I ."aeer desiring such aid. at the poll on the day'of SQid eleaion. In the absence of tn. PreSIding Judge of said election, the Altemate Presiding Judge above named shall perform" the duties of the Presiding Judge 0' soid eleaion. IV. Thae the pails of said eleaioPl Shall be open on the day of said e:leCtion from 1;00 o'clock. A.M, eo 7,00 o'dock P,M, V, Thoe absencee voting In said election snell be, conducted ot the Schertz MuniCipal Dullding 1400' Live Oak f\ood. SchertZ. TeJllos" and the City Secretory is nereby charged with the duty of CondUCting absentee voting in sold election: as.requlred by law. The Absentee VOting Clerk. sholl appoint 0 Deputy Absentee VOting Clerk. who Is fluent in the $panish language to render orol aid 10 any voter desiring to vote: absentee in said electiOn wha requests such old. That with the I exce-ptlon of SalVrdoys, Sundays. I ancl official State holidoys, said office ot place sholl remain open from &<W a'c1ock A.M. to 4,.10 o'clock P,M. for the purpo:;e of. condUCting absentee voting in said elealon VI. That the ballots to be used in sold election sholl be prepared in conformity with V.A.T,C.S. Election Code, as amended, That in the holding ond conducting of said election, 011 voter torns. InSlruaions, and other marenols required therefor. induding the ballots ~ou be pre pored in such monner that the voters moy COSI their ballotS either "FOR" or "AGAINST" the foregOing proposllions, VII. ThOt notice of soid election shall be given by publishing 0 substantial copy of this or' dlnance. designated as 0 notice. on the some day in each of twO (2)' succeeding we'eks In 0 newspaper of general circulation published In soid Cicy, the dote of rfIe first publiCatiOn to be nOtle55 thon fourteen (14) days prior to the dote set for the holding of so lei eSealan, VIIi. Th@ public impOrtance of chis measure COflslitutes and creates on urgent public necessity requiring (hot this ordinonce is accordingly passed os all e-mergeoncy measure, and sholl lake effea and be in force im- mediately upon and otter its passage, PASSED, ADOPTED, ANO AP. PI\OVE:D this the 20th day of FebnJol)'. 1 Q79 Robert C. Dueker Ml:Jyor. City of Schenz. Texas ATTEST, June Krause City SeaetOl)'