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89-E-10 Home Rule Charter .' ,. 9t,ze;,-E -/0 AN ORDINANCE CALLING A HOME RULE CHARTER AMENDMENT ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS, ON MAY 6, 1989; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. WHEREAS, the City Council (the Counci I) of City of Schertz, Texas (the City), on its own motion hereby determines to submit to the qualified voters of the City for their adoption or rejection certain proposed amendments to the City's Home Rule Charter (the Charter) pursuant to the provisions of Section 9.004, as amended, Local Government Code; and WHEREAS, the Council hereby finds and determines the Charter amendment election shall be held on May 6, which is the next uniform election date and the City 's regular municipal election date; and that 1989 next WHEREAS, the Council hereby finds and determines that holding the proposed Charter amendment election on the next uniform election date and the City's next regular municipal election date is in the best interests of the citizens of the City; and WHEREAS, the proposed amendments to the existing Charter have been reconunended to the Council by the Charter Review Conunission; and WHEREAS, the City Secretary shall copy of the proposed amendments to the qualified voter of the City not less than prior to May 6, 1989; and WHEREAS, the Council hereby finds and determines that it is in the best interests of the citizens of the City to submi t, for adoption or rejection, the proposed amendments to the Charter, at the earliest possible date, in order for this Council to be advised of the wishes of the citizens of the Ci ty, the same being for the inunediate preservation of the peace, property, health, and safety of such citizens, and by virtue thereof, this ordinance shall be passed and adopted as an emergency measure; now, therefore, make available a Charter to each thirty (30) days BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: ~ " SECTION 1: An election shall be held on the 6th day of May, 1989, a uniform election date and the next regular municipal election date, in the City of Schertz, Texas, which date is not less than thirty (30) days nor more than ninety (90) days from the date of the adoption of this ordinance (the Ordinance). The official ballots for the election shall be prepared in accordance with the Texas Election Code, as amended, and the Charter so as to permit the qual ified voters of the City to vote "Yes" or "No" for each of the proposed Charter amendments which shall appear on the ballot substantially as provided below. On the date of the election the following amendments to the Charter shall be" submitted to the qualified voters of the City: AMENDMENT NO. 1 "Shall the existing City Charter be amended to provide that in each and every place in the City Charter where the words in the left-hand column are found, the words in the right-hand column shall be inserted in place thereof"?: "Schertz" "Councilman" "Councilmen" "he" "his" "him" "himself" "County of Guadalupe" "United States" "City of Schertz" "Councilmember" ., Counc i lmembers" "he or she" "his or hers" "him or her" "himself or herself" "Counties of Guadalupe, Bexar & Comal" "Federal Government" AMENDMENT NO. 1 "Shall the City be authorized to amend the City Charter as provided in Amendment No. I"? Yes No AMENDMENT NO. 2 "Shall Section 2.01. General Powers of the existing City Charter be amended to provide as follows"?: The City shall have all the powers granted to ci ties by the Constitution and Laws of the State of Texas 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 of Texas or any -2- 6237k " 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 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 State Constitution, the State Laws, 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. AMENDMENT NO. 2 "Shall the City be authorized to amend the City Charter as provided in Amendment No.2"? Yes No AMENDMENT NO. 3 "Shall Section 4.02. Qualifications of the existing City Charter be amended to provide as follows"?: The Mayor and each Councilman must, at the time of taking office, have attained the age of eighteen, be a qualified registered elector, and have been a resident of the City for at least six consecutive months immediately preceding taking office, and not be an obligator 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. AMENDMENT NO. 3 "Shall the City be authorized to amend the City Charter as provided in Amendment No.3"? Yes No -3- 6237k " AMENDMENT NO. 4 "Shall a portion of Section 4.06. Vacancies, Forfeiture, Fillinq of Vacancies of the existing City Charter be amended to provide as follows"?: (b) Forfeiture: forfeit his office upon: (1) Final conviction of a felony or of an offense involving moral turpitude. The Mayor or a Councilman shall AMENDMENT NO. 4 "Shall the City be authorized to amend the City Charter as provided in Amendment No.4"? Yes No AMENDMENT NO. 5 "Shall Section 4.07. Prohibitions of the existing City Charter be amended as follows"?: (a) Holding other office. No Mayor or Councilman shall hold any other public office or employment with the Ci ty nor have any financial interest, directly or indirectly, in any city contract or transaction; and no former councilmember shall hold any compensated appointive City office or employment until two (2) years after the expiration of the term for which he was elected to the City Council. (b) Appointments and removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his subordinates are empowered to appoint, unless otherwise provided in this charter, but the City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with administration. Except for the purpose of inqulrles and investigations, unless otherwise provided in this charter, the City Councilor its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately. -4- 6237k " " (d) Admission of liability. Neither the City Council nor any of its members or employees 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. AMENDMENT NO. 5 "Shall the City be authorized to amend the City Charter as provided in Amendment No.5"? Yes No AMENDMENT NO. 6 "Shall Section 4.10. Investiqative Powers of the existing City Charter be amended as follows"?: The Council shall have the authority to investigate the affairs of the City and the conduct of any City department, office, or agency; and, for this purpose may subpoena witnesses, administer 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 in accordance with the laws of the State. AMENDMENT NO. 6 "Shall the City be authorized to amend the City Charter as provided in Amendment No.6"? Yes No AMENDMENT NO. 7 "Shall Section 5.01. Appointment; Qualifications; Compensation of the existing City Charter be amended as follows"?: The Council shall appoint a City Manager and fix his compensation. He shall be chosen on the basis of his executive and administrative training, experience, ability and character. He need not be a resident of the City or State at the time of his appointment, but he must agree, -5- 6237k prior to such appointment, to become a resident of Schertz within four months from the date of his appointment. If he thereafter fails to become a resident of Schertz within that, four-month period, he shall be deemed to have forfeited his appointment and the office shall be declared vacant by announcement of the Mayor at the first meeting of the Council following the expiration of the four-month period. The Manager shall serve at the will and pleasure of the City Council. He shall be employed for or relieved from his duties by a vote of a majority of the members of the City Council. AMENDMENT NO. 7 "Shall the City be authorized to amend the City Charter as provided in Amendment No.7"? Yes No AMENDMENT NO. 8 "Shall a portion of Section 5.03. Powers and Duties of City Manaqer of the existing City Charter be amended as follows"?: (h) He shall keep the Council fully advised as to the financial condition and future needs of the City and make such recommendations to the Council concerning the affairs of the City. AMENDMENT NO. 8 "Shall the City be authorized to amend the City Charter as provided in Amendment No.8"? Yes No AMENDMENT NO. 9 "Shall Section 6.06. City Secretary of the existing City Charter be amended as follows"?: 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 the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances and other official records of the City Council and the City. The City Secretary shall be the custodian of -6- 6237k the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. In addition, the City Secretary shall be responsible to the City Manager for administrative duties. The City Council will set the compensation for the City Secretary. AMENDMENT NO. 9 "Shall the City be authorized to amend the City Charter as provided in Amendment No.9"? Yes No AMENDMENT NO. 10 "Shall Section 6.07. Tax Assessor-Collector of the existing City Charter be amended as follows"?: (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. The City Council may, in the interest of economy and efficiency, contract with another political subdivision to handle the assessment and/or collection of taxes. (b) Power to levy, assess and collect taxes: The City shall have the power to assess, levy and collect an annual tax upon taxable property wi thin the City not to exceed the maximum provided by the Constitution and laws of the State of Texas. (c) 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 1 and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as authorized by the State Property Tax Code. The Council may by ordinance provide a discount for prompt payment of current taxes. The City Council may -7- 6237k contract with an attorney for the collection of delinquent taxes as authorized by the State Property Tax Code. (d) Arrears of Taxes Offset of Debt Against City: The City shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the City to any person, partnership, association or corporation who is in arrears to the City for taxes, in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due, shall affect the right of the City to so offset the said taxes against the same. (e) Tax remissions, discounts and compromises: Neither the City Manager nor the Council shall have the right to forgive any current or delinquent taxes or penalty and interest except in cases of error. AMENDMENT NO. 10 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 10"? Yes No AMENDMENT NO. 11 "Shall Section 7.03. Budqet Messaqe of the existing City Charter be amended as follows"?: 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, expendi tures , and revenues together with the reasons for such changes; and summarize the City's debt position and include such other material as the Manager deems desirable. AMENDMENT NO. 11 "Shall the City be authorized to amend the City Charter as provided in Amendment No. II"? Yes No -8- 6237k AMENDMENT NO. 12 "Shall Section 7.05. Capital Improvements Proqram of the existing City Charter be amended as follows"?: The Manager shall prepare and submit to the Council a 5 year capital improvements program either on his own initiative or when directed to do so by Council. AMENDMENT NO. 12 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 12"? Yes No AMENDMENT NO. 13 "Shall a portion of Section 7.06. Council Action on Budqet of the existing City Charter be amended as follows"?: (c) Adoption: The Council should adopt the budget, with or without amendments, after public hearings and before the first day of the ensuing fiscal year. Should the 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. AMENDMENT NO. 13 ",Shall the City be authorized to amend the City Charter as provided in Amendment No. 13"? Yes No AMENDMENT NO. 14 "Shall Section 7.08. Purchase Procedures of the existing City Charter be amended as follows"?: The City Manager shall be responsible for the preparation of purchase procedures, and the 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 -9- 6237k further consider the procedures and present new proposals at a subsequent meeting. The purchase procedures shall be reviewed at budget preparation. AMENDMENT NO. 14 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 14"? Yes No AMENDMENT NO. 15 "Shall a portion of Section 7.10. Director of Finance of the existing City Charter be amended as follows"?: (b) Power and duties: charge of the administration of Ci ty and to that end he shall required to: (1) Compile the estimates of expenditures for the budget. The City Manager shall have the financial affairs of the have authority and shall be revenues and (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 agency; keep separate accounts for the items of appropriation, 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 dai ly 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. -10- 6237k 6237k (6) 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 or Federal Government, or from any court, or from any office, department or agency of the City. (7) 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 by resolution of the Council, as determined by subsection (12) below. (8) 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 exchange. (9) 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 City. (10) Approve all proposed expenditures. No appropriation shall be encumbered and no expenditure sh~ll be made unless he shall certify that there lS an unencumbered balance of appropriation and available funds. (11) Negotiate with all bank(s) located within the greater Randolph area, within thirty days from October first of each biennium and after advertising for depository bids in one issue of the official newspaper for the bank( s) to serve as City depository for all available funds except reserve funds for bonds for the next two years, or until such time as the successor depository(s) has been selected. The City Manager shall take into consideration in such negotiations the most favorable interest rates that can be obtained in the interest of the City on certificates of deposit for funds invested, and also on funds borrowed. The City Manager shall also take into consideration the services offered by the -11- " prospective depository(s) in serving the banking needs of the City, and shall make a recormnendat ion to the Counci I 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 circulation wi thin 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 first of each biennium as stated above, select one of the banks to serve as City depository. The bank(s) that has been selected to be the City depository(s) shall have adequate security pledged at all times to protect all City funds. AMENDMENT NO. 15 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 15"? Yes No AMENDMENT NO. 16 "Shall Section 7.11. Audit be included in the City Charter as follows"?: The City Council shall cause an annual audit to be made of the books and accounts of each and every department of the City. A complete audit shall be made at the ends of each fiscal year, and at such other times as may be necessary, by an independent Certified Public Accountant who shall be selected by the City Council. The audit report shall be filed with the City Council and shall be available for public inspection and a summary thereof shall be pub I i shed in a newspaper in the City of Schertz. The auditor shall not maintain or keep any of the City accounts or records. -12- 6237k AMENDMENT NO. 16 "Shall the City be authorized to add Section 7.11 to the City Charter as provided in Amendment No. 16"? Yes No AMENDMENT NO. 17 "Shall a portion of Section 9.01. City Elections of the existing City Chartoer be amended as follows"?: (a) Regular elections: The regular city election shall be held on the first Saturday of May in each calendar year or in accordance with State law. AMENDMENT NO. 17 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 17"? Yes No AMENDMENT NO. 18 "Shall a portion of Section 10.03. petitions of the existing City Charter be amended as follows"? (a) Number of signatures : initiative, referendum, or recall petitions must be signed by qualified voters of the City equal in number to at least fifty (50) percent of the total number of qualified voters who voted at the last Mayoral election, but no less than three hundred (300). AMENDMENT NO. 18 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 18"? Yes No AMENDMENT NO. 19 "Shall Section 10.08. Limitation on Recall of the existing City Charter be amended as follows"?: No Councilman shall be subject to recall within six -13- 6237k J months of his first election to 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. AMENDMENT NO. 19 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 19"? Yes No AMENDMENT NO. 20 "Shall Section 12.04. Charter Amendment of the existing City Charter be amended as follows"?: 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, by ordinance passed by a majority vote of the full membership of the Council, or by a petition signed by not less than five percent of the 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 ordinance; otherwise, it shall provide for submission at a special election to be called and held wi thin 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 of 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 submitted at the same time, they shall be submitted so as to enable the electors to vote on each separately. -14- 6237k . . " . AMENDMENT NO. 20 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 20"? Yes No SECTION 2: Paper ballots shall be used for voting on the date of the election. Paper ballots shall also be used for absentee voting by personal appearance and by mail. SECTION 3: The City shall constitute one election precinct for holding the eleciton. The polling place hereby designated for holding the election shall be the Schertz Cormnuni ty Center, 1400 Schertz Parkway, Schertz, Texas 78154. Janestine Kvapil is hereby appointed Presiding Judge and Ralph Kavoras is hereby appointed the Alternate Presiding Judge. The Presiding Judge shall appoint not less than two (2) nor more than four (4) qualified clerks to serve and assist in conducting the election. However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks must include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. In the absence of the Presiding Judge, the Alternate Presiding Judge shall perform the duties of the Presiding Judge of the election precinct. On election day, the polls shall be open from 7: 00 o'clock a.m. to 7:00 o'clock p.m. Absentee voting shall be conducted at the City Secretary's Office located at the Schertz Municipal Complex, 1400 Schertz Parkway, Schertz, Texas 78154 (the main absentee polling place), in accordance with the provisions of the Texas Election Code, as amended. ' An Absentee Ballot Board is hereby established for the purpose of processing absentee voting results. Janestine Kvapil is hereby appointed Presiding Judge of the Absentee Ballot Board. The Presiding Judge shall appoint not less than two (2) nor more than four (4) qualified persons to serve as members of the Absentee Ballot Board. SECTION 4: All resident qualified electors of the City shall be permitted to vote at the election, and on the day -15- 6237k .' of the election, such electors shall vote at the polling place designated in this Ordinance. This election shall be held and conducted in accordance with the Texas Election Code, as amended, the Charter, and as may be required by law, all election materials and proceedings shall be printed in both English and Spanish. SECTION 5: A substantial copy of this Ordinance shall serve as a proper notice of the election. This notice, including a Spanish translation thereof, shall be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the first of these publications to appear in the newspaper not more than thirty (30) days and not less than fifteen (15) days prior to the day of the election. The City shall also post a substantial copy of this Ordinance, in English and Spanish, on the bulletin board used for posting notices of the meetings of the Council at least twenty-one (21) days prior to the day of the election. SECTION 6: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 7: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 8: This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 9: If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 10: It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Texas Revised Civil Statutes Annotated Article 6252-17, as amended. -16- 6237k . . . . SECTION 11: The importance of the proposed Charter amendments creates an emergency for the immediate preservation of the peace, property, health and safety of the citizens of the City and an imperative public necessity for the suspension of any rules requiring ordinances to be read at more than one meeting or at more than one time, and for the immediate taking effect of this Ordinance, and such rules are hereby suspended and this Ordinance shall take effect and be in force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED, this the 15th day of March, 1989. CITY OF SCHERTZ, T ~ ATTEST: ~~~ ~City Secretary (CITY SEAL) -17- 6237k