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ENGLISH Newspaper notice for Charter ElectionNotice of proposed City of Schertz Charter Amendments The City of Schertz is proposing the following propositions for amendment of the City’s home rule charter on the November 3, 2015 election ballot. Proposition 1 would amend the City Charter by deleting sections redundant of other charter sections or state law powers as follows: Section 2.01 General Powers. The City shall have all the powers granted to cities by the Constitution and general laws of the State together with all of the implied powers necessary to execute such granted powers. The City may use a corporate seal; may sue and be sued; may contract and be contracted with; may cooperate with the government of the State or any agency or any political subdivision thereof, or with the federal government or any agency thereof, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety, and convenience of the City and its inhabitants; may acquire property within or without its corporate limits for any municipal purpose in fee simple, or in any lesser interest or estate, by purchase, gift, devise, lease or condemnation; may sell, lease, mortgage, hold, manage, improve, and control such property as may now or hereafter be owned by it; may issue bonds upon the credit of the City for the purpose of making permanent public improvements or for other public purposes in the amount and to the extent permitted by applicable law, subject to the approval of the voters of the City as required by State law; and may pass ordinances and enact such regulations as may be expedient for the maintenance of good government, order and peace of the City and the welfare, health, morals, comfort, safety, and convenience of its inhabitants. In addition to the powers enumerated herein, and subject only to the limitations imposed by the Constitution, the general laws of the State, and this Charter, the City shall have without the necessity of express enumeration in this Charter, each and every power, which by virtue of Article XI, Section 5 of the Constitution of Texas, the people of the City are empowered by election to grant to or confer upon the City by expressly and specifically granting and enumerating the same herein. Deleting Section 2.02 Intergovernmental Relations in its entirety. Section 3.01 Establishment. The municipal government provided by this Charter shall consist of a Mayor and Councilmembers, elected by the people and responsible to the people, and a City Manager, appointed by and responsible to the City Council for proper administration of the affairs of the City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution and general laws of the State and by this Charter, all powers of the City shall be vested in the elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and determine policies. All powers of the City shall be exercised in the manner prescribed by this Charter, or if not prescribed, then as may be prescribed by ordinance. Section 4.09 Meetings and Procedure. (e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two-thirds of the members present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting. The “ayes” and “nays” shall be taken upon the passage of all ordinances and resolutions and entered in the minutes of the City Council. The affirmative vote of three or more members of the City Council is required to enact any ordinance or resolution. The Mayor shall vote only in the event of a tie; the Mayor Pro-Tem may vote on any matter being considered by the City Council. The enacting clause of all ordinances shall be, “BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS”, and every ordinance shall be authenticated by the signature of the Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. Deleting Section 6.07 Tax Assessor-Collector in its entirety. Deleting Section 7.05 Capital Improvements in its entirety. Deleting Section 8.02 Board of Adjustment in its entirety. Deleting Article XI Public Utilities in its entirety. Deleting Section 12.03 Liability for Personal Injury or Death in its entirety. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 2 would amend the City Charter by increasing the number of City Councilman places from 5 to 7. Fiscal Impact: The estimated average annual cost for this Charter section is approximately $12,500; if approved, this amendment is estimated to have a fiscal impact to the City of an increase of approximately $12,500 per year. Proposition 3 would increase the length of elected officials from 2 years to 3 years. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 4 revises the prohibitions, forfeitures of Office and provides for a hearing process as follows: Delete Section 12.02 in its entirety. Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. Vacancies. The office of a Councilmember or the office of the Mayor shall become vacant upon his or her death, mental or physical disability, resignation, removal from office in any manner authorized by law, or forfeiture of his or her office as provided for in this Charter. Determination of mental or physical disability shall be certified by two physicians qualified to practice medicine in the State. Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon: Final conviction of a felony or of an offense involving moral turpitude, a violation of any state laws regulating conflicts of interest of municipal officers, or is assessed a deferred adjudication or probation for any state laws regulating conflicts of interest of municipal officers. Ceasing to be a resident of the City. Failure to regularly attend City Council meetings without an approved absence obtained by a majority vote by City Council either before or after the absence. There shall be a presumption of failure to regularly attend when three (3) regular meetings are missed during a term year without obtaining an approved absence from City Council. Failure to regularly attend City Council meetings without good cause. Good cause shall be illness or temporary disability, absence from the City, or family emergency. There shall be a presumption of failure to regularly attend when more than three consecutive regular meetings are missed. A determination by City Council of the inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of election. Section 4.07 Prohibitions. Employment with the City. No Mayor or Councilmember shall hold any other public office or employment with the City nor have any financial interest, directly or indirectly, in any City contract or transaction; and no former Mayor or Councilmember shall hold any compensated City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. Admission of Liability. Neither the City Council nor any of its members or employees of the City shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City’s liability therein. Conflicts of Interest. It is hereby prohibited for the Mayor or Councilmember or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171 as amended or its successor. For purposes of this Section term “City Official” means any individual subject to the requirements of Texas Local Government Code, Chapter 171 as amended or its successor. Attorney Client Privilege. It shall be unlawful for the Mayor or a Council Member to release any attorney-client privileged communication. The City Council as the governing body of the City solely holds and is entitled to the attorney client-privilege and it may only be waived by an affirmative vote of two-thirds of the City Council. Section 4.11 Council Investigations; Hearings; Process A. General. In addition to any other specific authority of investigation and hearing provided for in this Charter, the City Council shall have the power to inquire into the official conduct of any department, agency, appointed boards, office, officers, employees or appointed board members of the City. For the purpose of investigations and hearings, the City Council shall have the power to administer oaths, subpoena witnesses, compel the production of books, papers, and other evidence material to the inquiry. The City Council shall provide, by ordinance, penalties for contempt in failing or refusing to obey any such subpoena or to produce any such books, papers or other evidence. The City Council shall have the power to punish any such contempt in the manner provided by such ordinance. B. Hearings Process for Forfeitures of Office and Prohibitions. 1. All hearings held under this subsection shall be conducted in open session, except that the City Council may conduct a closed session to get advice from its attorney pursuant to the Texas Open Meetings Act; 2. The office holder subject to any investigation and/or hearing under this section shall be entitled to written notice of the allegations of forfeiture and/or the alleged violation of this Charter as applicable; 3. A special meeting shall be called to hold the hearing; 4. A member of City Council who initiated or is the subject of the investigation or hearing shall not sit at the dais and shall not participate in deliberations or vote; 5. City Council shall adopt by ordinance rules of procedures to be followed; 6. The City Council shall state the nature of the hearing and the allegations to be considered, shall be provided the results of any investigation and a presentation of the evidence against the office holder including, but not limited to testimony from individuals; 7. The individual who is subject to the hearing shall be provided an opportunity to respond to the allegations and present any relevant evidence including, but not limited to, testimony from individuals; 8. City Council may ask questions of any individual; 9. No public comment shall be allowed; 10. In the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter City Council shall vote on the forfeiture and on the affirmative vote of t wo-thirds of City Council declare the office of said office holder to be forfeited and vacant; 11. In the case of an alleged violation of Section 4.07 of this Charter City Council may, on the affirmative vote of a majority of the City Council, take any action it determines to be appropriate including, but not limited to, directing further investigation, requesting further information, vote to enforce a penalty pursuant to section 12.10 of this Charter, vote to bring an action in municipal court, take a vote of censure; or, upon the affirmative vote of two-thirds (2/3) of City Council, declare the office of said office holder to be forfeited and vacant. 12. Unless prohibited pursuant to subsection 4 herein, the Mayor shall vote in the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter or of an alleged violation of Section 4.07 of this Charter. Section 12.10 Penalty Clause. A. Criminal Penalty. Any person who by himself or with others violates any provision of this charter shall, in addition to any other penalty, be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more $500.00. City Council shall enact an ordinance enforcing this section. B. Civil Penalty. Upon the affirmative vote of two-thirds of the City Council any person who by himself or with others violates any provision of this charter shall be, in addition to any other penalty provided for herein, subject to a civil fine of not more than $500.00. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 5 revises Article VII Financial procedures as follows: Section 7.02 Submission of Budget. The City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message not later than sixty fifty days prior to the beginning of each fiscal year. Delete Sections 7.03, 7.04, and 7.06 through 7.10. Section 7.06 City Council Action on Budget. (a) Notice and hearing. The City Council shall have published as set forth in applicable State law a general summary of the budget and a notice stating: the time and places where copies of the message and budget are available for inspection by the public, and the time and place for a public hearing on the budget. (b) Amendment before Adoption. After the public hearing, the City Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income. (c) Adoption. The City Council should adopt the budget, with or without amendments, after public hearings and before the first day of the ensuing fiscal year. Should the City Council take no final action, amounts appropriated for the current fiscal year shall be deemed adopted on a month to month basis. Final adoption shall constitute appropriation of the expenditures proposed from funds so indicated. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 6 revises sections of the Charter related to City Elections as follows: Section 4.02 Qualifications. The Mayor and each Councilmember must, at the time of filing for office, have attained the age of eighteen or older on the first day of the term of office applied for, be a registered voter of the City of Schertz, and have been a resident of the City for at least six twelve consecutive months immediately preceding the deadline for filing for an application for a place on the ballot 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 forum. Replacing Section 9.01 City Elections with the following language: Section 9.01 City Elections. (a) The regular City election shall be held annually on the uniform election date in November, or at such other times as may be authorized or specified by State Law, at which time officers will be elected to fill those offices which become vacant that year. (b) The City Council shall fix the place for holding such election. (c) The City Council may, by ordinance or resolution, order a special election, fix the date and place for holding same, and provide all means for holding such special election. Section 9.02 Candidates. (a) Any person having the qualifications set forth for Councilmember under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for any one elective office. such as Mayor, Councilmember - Place One, Councilmember - Place Two, etc. Such application, in writing, shall include the candidate’s name, address, telephone number, date of birth, and date of residency, shall be signed by such candidate and accompanied by his or her loyalty affidavit and a statement that the candidate is aware of applicable State nepotism laws, as prescribed by Texas Election Code, and shall be filed with the City Secretary or appropriate authority within the time period required by applicable State law. 1. Any such application shall be in writing, signed by such candidate, and filed with the City Secretary in accordance with the Texas Elections Code and this Charter. 2. An application filed in accordance herewith shall entitle such applicant a place on the official ballot. (b) A candidate of the City Council shall specify the place number or position the candidate is seeking. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 7 revises signature procedures for petitions as follows: Section 10.03 Petitions. (a) Number of signatures. Initiative, and referendum, or recall petitions must be signed by qualified voters of the City equal in number to at least fifty (50) fifteen (15) percent of the number of voters registered to vote at the last general City election total number of qualified voters who voted at the last Mayoral election, but no less than three hundred (300). Recall petitions must be signed by qualified voters of the City equal in number to at least twenty (20) percent of the number of voters registered to vote at the last general City election. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 8 provides a process for disannexing property as follows: Sec. 1.02. - Boundaries; Extension, Annexation and Disannexation. (c) Disannexation. Any area hereafter annexed under this Charter and the law of this State may be disannexed as follows: only in accordance with State law. i. Prior to disannexing any property of the City a public hearing shall held before both the City’s Planning and Zoning commission and City Council on the proposed disannexation. ii. Before the 10th day before the hearing date before the Planning and Zoning Commission, written notice of the public hearing shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the area to be disannexed. The notice may be served by its deposit in the United States mail, properly addressed with postage paid. iii. Not later than 30 days of completion of the public hearing by the Planning and Zoning Commission the City Council shall hold a public hearing on the proposed disannexation. Before the 15th day before the date of the public hearing, a general description of the property to be disannexed and notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the City. iv. Not later than 30 days after the completion of the public hearing conducted by City Council the City Council may adopt an ordinance disannexing the property. A metes and bounds description of the property shall be attached to the ordinance as an exhibit. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 9 clarifies the signing of official city documents as follows: Section 4.05 Mayor and Mayor Pro-Tem. The Mayor shall be the official head of the City government. He or she shall be the chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the event of a tie. He or she shall, when authorized unless another signatory is otherwise designated by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. He or she shall appoint special committees as instructed by City Council, with committee membership to be composed of nominees by the City Council. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 10 clarifies the hiring of Assistant City Managers as follows: Section 5.01 Appointment; Qualifications; Compensation. The City Council shall appoint a City Manager and fix his or her compensation. He or she shall be chosen on the basis of his or her executive and administrative training, experience, ability and character. He or she need not be a resident of the City or State at the time of his or her appointment, but he or she must agree, prior to such appointment, to become a resident of the City within four months after the date of his or her appointment. If he or she thereafter fails to become a resident of the City within that four-month period, he or she shall be deemed to have forfeited his or her appointment and the office shall be declared vacant by announcement of the Mayor at the first meeting of the City Council following the expiration of the four- month period. The City Manager shall serve at the will and pleasure of the City Council. He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the entire City Council. On the recommendation of the City Manager, the City Council may appoint one or more Assistant City Managers and set the compensation for such appointees. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 11 clarifies the requirement of the City Manager’s attendance at City Council meetings as follows: Section 5.03 Powers and Duties of City Manager. The City Manager shall be the chief administrative officer of the City. He or she shall be responsible to the City Council for the administration of all City affairs placed in his or her charge by or under this Charter. He or she shall have the following powers and duties: (c) He or she The City Manager or their designee shall attend all City Council meetings and shall have the right to take part in discussion but may not vote. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 12 revises the process for adoption of personnel policies as follows: Section 6.02 Operational and Personnel Rules Policies. The City Manager shall be responsible for the preparation of operational and personnel policies. rules, which rules shall be submitted by him or her to the City Council. Personnel policies which affect the budget and employee discipline and/or adverse actions shall be approved by City Council. The City Council may accept and adopt such rules policies as proposed or may adopt them with such amendments as the City Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the rules policies and present new proposals at a subsequent meeting. Operational and administrative policies shall be approved by the City Manager but shall be provided to City Council for their information. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 13 revises the process for hiring deputy city secretaries as follows: Section 6.06 City Secretary (a) The City Council shall appoint a City Secretary and his/her deputy or deputies who shall act as Secretary of the City Council and who shall hold office at the pleasure of the City Council. (b) Upon approval by City Council of the position(s), the City Secretary may hire a deputy or deputies. The Deputy or Deputies shall report directly to the City Secretary Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 14 deletes Section 8.01 of the City Charter. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 15 adds a process for amending and repealing ordinances passed by petition as follows: Section 10.09 Ordinances Passed by Petition, Repeal or Amendment No ordinance which may have been passed by the City Council upon a petition or adopted by popular vote under the provisions of this Article may be repealed or amended by the City Council for a period of three (3) years from the date said ordinance became effective and then only upon an affirmative vote of two-thirds (2/3s) of the City Council. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 16 revises the prohibitions on personal financial interest as follows: Section 12.01 Personal Financial Interest No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or service. The above provision shall not apply where the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent of the corporation stock. Any violation of this Section shall constitute malfeasance in office, and any officer or employee of the City found guilty thereof shall thereby forfeit his or her office or position. Any violation of this Section with the knowledge, express or implied, of the person or corporation contracting with the City shall render the contract voidable by the City Manager or by the City Council. For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171. It is hereby prohibited for City Council members or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 17 revises number of Charter Review Commission members as follows: Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission which shall consist of no less than 5 and no more than 11 of five citizens of the City. It shall be the duty of the Commission to: Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 18 revises term of Charter Review Commission as follows: Section 12.05 Charter Review Commission. The term of office of the Charter Review Commission shall be 180 days after the date of the first meeting, said first meeting to occur within forty-five (45) days of the date of appointment. appointment of the Commission, and, iIf during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City Manager and the Charter Review Commission shall be dismissed. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment. Proposition 19 provides a process for reconstituting the City Council in the case of a disaster as follows: Section 12.09 Disaster Clause. In the case of a common disaster when a legal quorum of the City Council cannot otherwise be assembled due to multiple deaths or injuries, the surviving persons of the City Council, or highest surviving City official, if no elected official remains, shall, within 24 hours of such disaster, request the highest surviving officers of the Guadalupe County Commissioners Court to appoint a number of residents of Schertz, qualified to serve as City Council Members, equal to the number necessary to make a quorum to act during the emergency as the City Council. The newly appointed City Council shall call a City election within 15 days of their appointment, or as provided in the Texas Election Code, for election of the vacant offices, if for good reasons it is known a quorum of the present City Council will never again meet. If it is determined that a quorum of the City Council will meet again, the appointed Council Members shall serve in their position until such time as the Council Members may begin serving. Fiscal Impact: There is no anticipated fiscal impact to the City from the passage of this amendment.